SEAT BELT RACKET EXPLODES IN BEACH TOWN’S FACE
It’s not about safety. It’s about power and money
Earlier this year I recieved a no seat belt ticket in the Borough of Allenhurst. Allenhurst is a small beach town tucked between Loch Arbour, just N. of Asbury Park, and South of Deal, N.J. It is only five blocks wide.
My daughter called from the ferry. Her and my grand daughters needed to be picked up. I jumped into my car and headed for the ferry. I was in the car less than a minute and three blocks from the house when I was pulled over by a patrolman who was parked at Corlies and Ocean a block from the police station. I had changed shirts and had forgot to get my license. When the officer approached the car I laffed at him. I got a ticket for no license and no seat belt.
I missed the first court date because of gout. Stress agrevates it. On the ticket it requires seven day notice to plead not guilty. I plead not guilty and and asked to issue two subpoena’s. One to an Ocean county police officer who stopped me to let me know I had forgot a cup of coffee on top of my car and to my doctor at the V.A.
My defense is dementia is a medical condition not a criminal act. The seat belt law has effectively criminalized old age.
Trial date comes up. Both people I subpoenaed failed to appear. At the begining of court session the judge says that you have a right to issue subpoenas. What they delibertly don’t tell you is that if the people don’t show the trial goes on anyway. Which effectively negates your defense so the reality is your have the right to issue a subpoena but it is meaningless.
This is by design, not by accident. That fact should be mentioned when the judge gives his speech at the beginning of court.
I got in the line to speak to the prosecutor. He said, and I qoute him here;
“These are B.S.(bullshit) tickets”
He agreed to drop the license charge when I showed him my license. I plead guilty to the seat belt ticket and got the forty six dollar fine suspended for hardship and was charged with thirty three dollar court costs. I took thirty days to pay that.
Before leaving I told the judge, “dementia is a medical condition not a criminal act”. He said, forgetting is not an excuse.
It is a known medical fact that the older you get the more you forget. Even tho I was found guilty punishing me with a fine and/or jail will not improve my memory. Numerous times since then I have discovered I forgot my license, my glasses, my keys and Gawd forbid to put my seat belt on.
Beach towns are notorious for milking summer traffic. The Burough of Allenhurst is a town of expensive homes and well to do people. They keep their taxes low by milking the stream of traffic that passes thru on Ocean Blvd.
It’s like a spider web that targets people passing thru because they know they are going to pay a seat belt ticket rather than come down from Brooklyn. It’s the rich subsidizing their wealth by busting poor Mexicans passing thru. Do you think they will protest milking the traffic stream
Look at the tickets they write. How many are written for people who live there and how many are written for people just passing thru? It’s all out of proportion. It’s flat out racketeering.
Note: I recently read that when you get a hundred dollar ticket in L.A. add on’s bring it to three hundred and eight. This is taxation with out representation. There is no control over this and no way for those that are subject to it have any say about it. I got a ticket in S.C. once that was twenty five dollars. A year later it was a hundred and seventy five.
( As I am sitting in America’s Cup coffee shop writing this (2:06 PM, Aug 14, 2011) I look up and guess who is standing in the door way? Judge Cieri himself. When he looks my way I make a motion to indicate I am looking at him. I then tell him, I’m writing about you right now. He said he hope it was flattering. (Dream on) I told him, no.
Later when I leave he comes walking down the street. I asked him if he would like to know the title of what I was writing. (This piece) he declined. This seems out of place here but will fit in further on.)
I’m sixty seven years old. I drove cab for forty years at night. I have absolutely no criminal record and a clean license with no points. Yet in the four years that I’ve been in N.J. I have had thirty plus contacts with police. All of which resulted in one ticket the aformentioned seat belt ticket in Allenhurst.
Why is this? Simple. I am a “cop magnet” An old man with beard and cap in a beat up car in a rich town. It’s profiling. It’s bullys attacking the weak cause they haven’t got balls enuff to go after the bad guys. They might get hurt.
Before the next ticket I was stopped twice more. I made a U turn on Main, but was let go. I was followed into Interlaken where I was stopped and told that a light was out and to put on my seat belt. The officer exercised the option of not giving me a ticket. In court I would point this out to the officer and ask if you had the option not to write a ticket, why did you choose to do so?
This brings into question that of jurisdiction. Allenhurst is only five blocks wide yet I have seen them in Interlaken, Deal and Asbury Park. What is the law regarding that? Where is it written down?
Summer came and the feeding frenzy begins. First day of the first holiday I should have known better. I stopped on Main St. for coffee. Old man slowly rolls pass the mansions on Corlies and turns right onto Ocean.
Bang the vulture pounces. This guy watched to much streets of San Franciso. He was right on my but. Tailgating if you will. I slipped my seat belt on.
Note: This is how the rules are stacked against you. If I asked the judge to recognize me as an expert witness on driving based on my forty years of driving, he’d deny it because he would state I need to be accredited by a driving school. If I then asked him to recognize me as an expert witness on being stopped by the police based on the hundreds of times I had been stopped as a cab driver he’d deny it because there is no school to that effect.
Officer Nye never said anything about the seat belt being on. He wrote me a ticket for no seat belt. When he handed it to me I said, can I ask you a question. Have you ever considered doing something decent with your life? He asked for the ticket back then crossed off court appearance is mandatory.
That I submit was a violation of my constitutional right to freedom of expression. I either have a right to exercise my right to ask a question or I don’t. If I do I have the right to be free from retribution for exercising my right. The officer commited a crime called abuse under the color of authority by punishing me for exercising my first amendment right.
Before my court date I had a second encounter with officer Ny who apparently recognized me. I had again stopped for coffee on Main St. there was no parking so I parked in a no parking zone. When I got back into my car he stopped next to me and slung an order at me, move it, not you can’t park there. You’ll have to move. An in-adequate ego, a bully and a thug hiding behind a badge.
Of course the stress aggravated my gout and I had to reschedule. When I made an appearance and the officer was not there I moved for a dismissal.
My position is this. My time is mine and nobody else’s to waste. If the court obligates my time they have an obligation to be prepared to proceed.
The judge said that I needed to plead not guilty and give seven day notice. If the officer then fails to appear he will dismiss. The first cab driving rule of the street is, talk is cheap. The matter was continued.
(Upon entering court I was told by one officer to take my hat off, by another to sit down and a third to stop talking. Cop magnet)
The next appearance and the officer is not there. I get in line to talk to the prosecutor. I tell him the officer is not there. He gets up and goes somewhere. In a minute he returns. Shortly a large officer comes in and says, Officer Nye is at a funeral. I pretend to wipe a tear from my eye as in breaking my heart. The officer becomes upset and tells me to go sit down.
Hold on a minute. I’m conferring with the prosecutor about my case. He has no right to interfere with that and is commiting a crime called obstruction of justice. I sat down.
What’s the trouble with this? In theory and most people believe that when the officer fails to appear the case is dismissed. Not true. I had a case in S. Carolina where the officer did not appear. The second appearance the judge did not appear. The third time the officer did not appear again. The judge turned to another officer in the room and asked where he was at. He was told he was in school. The case was continued to a fourth appearance and dismissed when the officer failed to appear again.
If the court is objective, un-biased and fair as they claim then the same privelege should be extended to me, the defendant. When I fail to appear the judge should ask if anyone knows where I am at? Someone could then stand up and say, he’s in school. The judge should then continue the case. Dream on.
If I don’t show they issue a warrent for my arrest. If the officer doesn’t show they make me come back. What is fair and un-biased about that? Nothing.
My contention is that officer Nye lied about where he was at. That fact that officer Nye is paid to write tickets is a conflict of interest which is enuff to impeach the integrity of his testimony. Having him proved a liar further impeaches the integrity of his testimony.
WHO DIED ?/WHO LIED?
Who died? Was it a close relative? When did they die? Was an obituary published? Where and when? Is there a death certificate filed to in fact prove this person died? Where and when was the funeral held? Which funeral home? What time? What was the relationship of this person to officer that he was compelled to attend? What was the name of the funeral home and where was it located? What was the name of the cemetary where they were buried? Did he ride in the funeral company limo or was he in his own vehicle? How far back in the cortege was he? Does he remember the car in front of him? Was there anyone else in the car with him? What were their names and can he contact them?
The Bourough of Allenhurst thru their agent Ofc. Nye have accused me of violating one of their laws. I have been summoned to their court to respond. It is the duty of their prosecutor to prosecute the case, not the judge
NOTE; I once read in a post on the National Motorist Assc. a comment that said the judge and the cops are on the same team. Amen. They are both paid by the same people.
When my turn at the judge comes the prosecutor tells the judge that the officer has failed to appear. The judge then says he will adjourn the case. I ask what that means. He says the matter is to be continued. I object and bring his attention to him saying he would dismiss.
He claims I challenged the court. Read: Didn’t bow to his power and allow the lie. (There is a tape recording to verify what was said) His ego and power were challenged and body language, demeanor and tone of voice would tell you that any hope of a fair hearing in this court is history.
Before I could leave the officer who told me to sit down talks to the judge. He tells him I “mocked” the other officer. (A characterzation not a statement of fact) and I had a bad attitude. The judge didn’t object.
The problem with this is, who asked him? What business was it of his to interject is personal opinion in the case? He had nothing to do with it. This is a fellow officer of my accuser and he is assasinating (un-asked)my character and influencing the judge prior to any trial. Simply put: WRONG.
Someone I knew was in the court with someone else on a different matter. I asked him to be my witness and observe what was going on.
Again it appeared the officer had not shown. I got in the line to talk to the prosecutor who passed by and told me the officer was there. I said how fortunate.
Just before I got into talk to him the same officer went into the prosecutor’s room. When I got there I told the prosecutor that I wanted a dismissal because the process had been so tainted by
“OFFICIAL MISS CONDUCT AND IRREGULARITIES”
When asked by him to be specific I pointed to the officer and pointed out his interference at the previous hearing. The officer became upset. In front of my witness he advanced on me in a threatening manner while reaching for his handcuff’s and telling me he was going to arrest me for disordly conduct.
He was twice my size and was wearing his weapon. He could hurt me so I retreated. There was no disordly conduct. What there was was abuse under the color of authority, and obstruction of justice. I have a right to confer with the prosecutor without fear of violence, bodily harm or intimidation, amen.
My case was the last to be heard. Make you wait till there are no witness’s in the court room is a tactic. My witness was there.
The judge then calls a recess and goes to confer with the prosecutor in private. It is my adversary in the proceedings talking to the judge who is supposed to be objective, in private. Do I have the same right? A discovery motion would be, Are you guys friend? Do you know each other and work together? What did you talk about?
When I got before the judge I and repeated my accusation of tainted proceedings because of official misconduct (The officer threatening me) and irregularities (Denieing my first amendment right to ask a question)I asked him to recuse himself, motion denied. I asked for a change of venue, motion denied? He then continued the matter again. I said I wanted a lawyer and to subpoena witness. I was asked why I had not asked for a lawyer sooner, I forgot. You know if I asked the judge if he remembers what I told him the last time I saw him about dementia being a medical condition not a criminal act he’ll say he doesn’t remember. Case closed
I was granted a continuence. That is where it is at as of this writing.
The feeding frenzy is in full swing. They are writing tickets left and right. I avoid Allenhurst if I can. They are everywhere writing tickets as fast as they can. It’s flat out racketeering and I her by accuse the Burough of Allenhurst of it. If they don’t like it they can always sue me.
WHO AM I ?
The first anit-war underground newspaper was the Berkly Barb. The second wa the L.A. Free Press. I was their editorial cartoonist. I have been editorializing against the “IMPERIALIST JUDICIARY” since the late 80’s.
I have been a member of the National Motorist Association and have had an editorial cartoon published in their pubication. I am in contact with the Newspaper.com which is about the politics of driving.
I maintain my constituional right to freedom of expression as it pertains to me “editorializing” about my case.
I drove cab for forty years and have been in and out of “kangeroo courts” for years. After thirty years plus of driving I experienced a spike in tickets. Any statatisian will tell you thats an anomally. I was targeted. Thirteen tickets in four months. It ruined my life. I documented the whole thing. It is available for interested parties. It’s called, the Making of a Criminal Eventually I was made homeless by a ticket for no light on a boat. Out of shear desperation I started fighting back. I started to win. It was like a shark tasting blood.
I’m a poor person. I’m tired of being victemized by in-adequate ego’s hiding behind guns and badges and subsidizing the rich’s life style by way of their racketeering and kangeroo courts.
I’m tired of tickets that are written because the officer didn’t get laid the night before. Fluff tickets that are written for practice, out of boredom, meaness, for promotion, for qouta’s to enhance the towns finances.
They will say it’s a safety issue, seat belts save lives. So does alcohol, nicotene and abortion. If a woman’s freedom of choice is so sacred she can choose to murder her un-born child then I have the right to choose not to wear a seat belt. It’s called freedom of choice
The officer can not testify it’s a safety issue. How does he know? Did he conduct test? He’ll say that what he heard. I’ll say, hear say evidence is in admissable. I have a right to cross examine his source as to the valdity of that statement. I can question methedolgy, miss-interpetation and biased results.
Not even the judge can say it is un-safe if there is no evidence before the court.
I would like to know in writing (because you can’t trust the treacherous courts) If in fact the constituion of the U.S. is in effect in the court room of Allenhurst? Do I have the right to form any opinion about the police, the judge and/or the proceedings? Do I have a right to express those opinions in court.
Even more important can I be compelled to express idea’s that I don’t agree with or believe in, such as the judge is an honorable person. Why should I be compelled to stand when he enters the room? Where is this written down?
I have a right to subpoena witness on my behalf. I need to know what happens if the witness fails to appear? Does the trial proceed anyway?
How can I prove my case with out my witness? What happens if a person fails to answer a subpoena? Is it just forgotten about” Or are there penalties? Can I ignore a subpoena and be free from retrobution?
There was a banner on the Allenhurst municipal building that said click it or ticket. They can then say we told you so. I submit this was a tactic. I want to subpoena it as evidenece. I want to know who paid for it? I want to know why it was taken down.
The judge said he would dismiss then flip flopped and said adjourn. There is a tape recording of this. How can anyone have confidence let alone a fair hearing when the judge doesn’t mean what he says. I want to subpoena any tape with my voice on it.
Under discovery I want information as to the finances of Allenhurst and records pertaining to tickets. How many where written, to who, when and how much was collected?
I want ofc Nye’s records regarding complaints etc. I want to know how old he is, does he use glasses? did he have them on?
I want to ask him in court, have you ever told a lie?
All this because an old man forgot to put his seat belt on. What ever happen to, sir you have to put your seat belt on…thank you officer