3 tickets dismissed!!!!!! YAY!

[LegalBoB]

Sorry it has been so long since I posted or contributed in a while but I have some good news!

The prosecutor dismissed my case! He didn't want to pursue the matter anymore! The cop didn't show up but that didn't stop him from making a motion for continuance on TWO other cases! BUT NOT MINE! He knew he was in for a fight! Here is some of what happened.

The cops didn't show up for a few other cases but they wanted a chance to get "free money" from the two ladies before me....So the prosecutor asked for a continuance. In one of the cases before mine that was the SECOND time the prosecution had asked for a continuance because the cops didn't show. And the judge granted it! Boooooo!

BUT with mine ---> The cops didn't show and the prosecution just dismissed.

He tried two separate arguments to try and have my motion dismissed and they BOTH failed. When he ran out of options to try and dismiss my motion the judge started in. The first thing the judge said was, "this is a criminal matter and YOU (Kyle) said this is a civil action in your motion so I could dismiss"

But that was batted away by ME when i said, "In the Nevada Rules of Civil Procedure (which governs EVERY court in Nevada) the first thing it says is that in all courts there is ONLY ONE action and that is a civil action"

That caused the judge to have to look again at the motion. He dismissed it based on the fact that some but not all of the motion cited Eight Judicial district rules of the court (which was the only mistake) which I will correct in the new draft of the same motion. Which I will use in the future.

The best part was the the prosecution was visibly frustrated. He wouldn't look at me. He just gave up! He wasn't ready so he just gave up and dismissed. He could of asked for a continuance like he did in the other two cases before mine but he didn't . I can only presume that meant he didn't know what to do so he just gave up. I was NEVER disrespectful and very peaceful! But I wrote in my motion on the very first page this one paragraph:

"This Municipal Court under color of law has decided to allow a trial in an alleged civil matter without hearing the grounds for which proper subject matter jurisdiction can be satisfied. The complainant/plaintiff has also failed to state a claim upon which relief can be made. I do not submit to or will not proceed to comply with any colorable court proceedings as a matter principal and out of a total respect for the courts and the Constitution they are founded on."

I went into more detail in the following pages so when they read it they knew they were in for a fight. That wasn't the only motion I had ready either. I have what I believe to be at least three other valid legal strategies yet to be tested that I can use to fight the traffic tickets.

But since they struggled so hard to overcome the first one and dismissed on one simple technicality which is EASILY fixable I am going to stick with the first one. Once fixed the new and improved motion will be even more difficult to dismiss. Eventually my first motion will be a perfect document that is no longer dismissable in a court in Nevada! This was my first try and I was almost there!