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I'm sure someone is going to complain about dragging up an old thread, but I don't care. I don't see an expiration date on knowledge, and old misinformation should be corrected where found. In the above thread, the OP CORRECTLY asserted that under CA. law, traffic infractions ARE NOT criminal offenses and not therefore "public offenses". I saw a lot of arrogance and ignorance issuing from some of the follow up posters who mocked the OP, but they only exemplified in my mind their closed minded arrogance, likely as some officer of the court, presuming they know all. The thread closed with some of these supposed "experts" stating that a traffic infraction was a crime, just not a crime that a jury trial or jail time was prescribed for.
And you all would be daft and I recommend that you seek a refund of whatever law school tuition you paid if you failed to comprehend the simple fact that under the US Constitution at Article VI it clearly states that "In ALL criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury...and to have the assistance of counsel for his defense." [emphasis mine]
IF such traffic infractions WERE criminal in NATURE, then the accused cannot CONSTITUTIONALLY be DENIED his 6th Amendment RIGHT to jury trial AND RIGHT to counsel. The very suggestion by any of you that one can be prosecuted criminally under some "infraction" and be denied such Constitutional RIGHTS clearly shows you to be everything that is wrong with this current police state of a nation. How you supposed experts missed that sublime point of jurisprudence is beyond me. Traffic "infractions" are not and cannot be criminal in nature if the right to jury trial and assistance of counsel are denied. And by "right" to counsel, we know this means public defender if you can't afford an attorney. I don't see many traffic courts asking defendants if they can afford to obtain their own counsel, so seems to me infractions are not criminal in nature, or, those prosecuting them are themselves committing greater crimes against my Constitution.
Thank you
I'm sure someone is going to complain about dragging up an old thread, but I don't care. I don't see an expiration date on knowledge, and old misinformation should be corrected where found. In the above thread, the OP CORRECTLY asserted that under CA. law, traffic infractions ARE NOT criminal offenses and not therefore "public offenses". I saw a lot of arrogance and ignorance issuing from some of the follow up posters who mocked the OP, but they only exemplified in my mind their closed minded arrogance, likely as some officer of the court, presuming they know all. The thread closed with some of these supposed "experts" stating that a traffic infraction was a crime, just not a crime that a jury trial or jail time was prescribed for.
And you all would be daft and I recommend that you seek a refund of whatever law school tuition you paid if you failed to comprehend the simple fact that under the US Constitution at Article VI it clearly states that "In ALL criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury...and to have the assistance of counsel for his defense." [emphasis mine]
IF such traffic infractions WERE criminal in NATURE, then the accused cannot CONSTITUTIONALLY be DENIED his 6th Amendment RIGHT to jury trial AND RIGHT to counsel. The very suggestion by any of you that one can be prosecuted criminally under some "infraction" and be denied such Constitutional RIGHTS clearly shows you to be everything that is wrong with this current police state of a nation. How you supposed experts missed that sublime point of jurisprudence is beyond me. Traffic "infractions" are not and cannot be criminal in nature if the right to jury trial and assistance of counsel are denied. And by "right" to counsel, we know this means public defender if you can't afford an attorney. I don't see many traffic courts asking defendants if they can afford to obtain their own counsel, so seems to me infractions are not criminal in nature, or, those prosecuting them are themselves committing greater crimes against my Constitution.
Thank you
Traffic Court Issues: Questionable "Experts"
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