Script For Traffic Court- This Blog Posting Will Help You Understand the Process in Traffic Court, Where The Pit Falls Are and How to Navigate Around Them.

The Script for Traffic Court Defense:

Traffic Court’s Goal

Traffic Court’s goal is to enter into a contractual agreement with you to make you pay them for the infraction they have accused you of violating. If you sign anything in court you are agreeing to be at their mercy. If you are asked how you plead and you respond “Not guilty” you will have just provided jurisdiction to the unlawful Municipal Court and also will have entered into a contractual agreement to pay the fine.

The Script for Traffic Court:

When the judge calls out your name you respond:

1. Please let the record reflect that I ‘m here under duress and I do not agree to any contractual agreements pertaining to this matter, and I’m not signing any forms here today.

When asked “how do you plead you will respond:

2. Sir, I waive the benefit of a plea today because I have been charged with violating a statute or code that does not contain the necessary elements required by the State of Arizona’s Constitution to be a law.

Without a valid law, the charging instrument is insufficient and no subject matter jurisdiction exist for the matter to be tried.

Where an information charges no crime the court lacked Jurisdiction to try the accused. See: People v. Hardiman, 347 N. W. 2d. 460, 462, 132 Mich. App. 382 (1984).

Laws in statute books without enacting clauses is not a valid publication of law.

I’m requesting this issue be dismissed.

3. More than likely the judge will enter a plea of “not guilty” on your behalf:

I would respond “great so the matter is settled right?” the judge will say excuse me, and you reply well sir, you are the judge and you just entered on the record that I’m not guilty so the matter is settled right and I’m free to go Right?

It is at this point I would start gathering up my paperwork to leave they will try and get you to sign to appear. When you tell them you are not agreeing to contract the judge will say something like your signature is not an admission of guilt, it just states that you will appear.

Your response would be, Sir, “to appear” in the Blacks Law dictionary means to provide jurisdiction to the court right?

At this point, they should just tell you when you need to return for your trial date once you have that date you should turn and leave. Notice I never responded to the guy as “Judge.”

Now the traffic court prosecutor will have to respond to your documents and then you will reply to his response. Each document you file the traffic court prosecutor has to respond to and you will get to reply. There may be a couple hearings on the motions they need to find out if you know your facts or if they can convince you that you’re pleading it garbage and should be denied. If you are called into court to hear your motion you want to make sure you refuse to argue with the prosecutor. Let them know from the beginning of the hearing that you will be standing on your pleading. This will force the traffic court prosecutor to argue against your pleading. They may wait until the last min. before they dismiss it… or they may cut their losses and at the arraignment (the 1^st court meeting) and say the officer is out on training and dismiss it there on the spot.

Please email us if you have questions:

guy@advocatesfor justice.org