The Common Law Traffic Ticket Default Process

STEP ONE: We provide you with five separate legal documents that you file with the District Attorney's Office and the Traffic Court Clerk as outlined in our easy to follow instructions. You file two of the five documents to start with and then file the remaining three legal documents approximately two weeks later.  The first two legal documents you will file are called the Affidavit of Truth and the Notice of Default.The Affidavit of Truth is your sworn statement of facts, which include facts such as; you are a soveriegn, a creation of God and are not suject to aministrative law (referencing Yick Wo v. Hopkins). Along with the Affidavit of Truth you file a Notice of Default, which    advises the District Attorney that a default will exist if he does not rebut your Affidavit of Truth before time expires and when he defaults you are giving him three days notice to cure the default. Meaning the District Attorney has three days to drop the case against or you will file the Final Default recording the default.

STEP TWO: After the time limit has expired for the District Attorney to answer your Affidavit of Truth you file the remaining three common law documents with the District Attorney and Court Clerk. One of the documents you file this time around establishes legally that the District Attorney has defaulted, another asks for a dismissal of your case based upon the District Attorney having defaulted in your case. The final document petitions the Traffic Court Judge to instruct the Court Clerk to record a default and dismissal of your case.

The District Attorney defaults when he fails to answer your statement of facts, which attests that you are a sovereign; not subject to laws derived by governmental bodies. This fact is supported biblically, by common law and by the United States Supreme Court in Yick Wo v. Hopkins. Together, these three foundations in support of your claims effectively create a legal claim so strong it becomes an almost  certain legal impossibility for the District Attorney to rebut your claims.

When you arrive in traffic court for your trial, the traffic court judge should have already received and read a copy of all of your documents. The judge seeing that the District Attorney has defaulted, has no choice legally, but to dismiss your case as the District Attorney by law lost any right to prosecute you when he defaulted. Now, we know approximately 5% of the judges will violate their ministerial duty and their judicial oath of office by refusing to dismiss your case. Judges, even though some may not think so, are not above the law and a judge who refuses to dismiss a case where the District Attorney has defaulted upon his right to prosecute can be sued for violating their ministerial duty and their judicial oath of office.

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