John Quincy Jones
c/o (street address)
city, state, [by 00000]
Tele: 000-000-0000
John Quincy Jones, Appears as: Sui Juris
(FILL IN NAME OF COURT HERE)
THE STATE OF (NAME OF STATE),Plaintiff,
vs.
JOHN QUINCY JONES,
<sic> <misnomer>
Aggrieved Defendant / )
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MOTIONS TO DISMISS
Date: (? th) Day of (month), 2005
(time of trial), Traffic Court
I, John Quincy Jones,having appeared under threat, duress, and coercion, only to protect Aggrieved Defendant's interests, without any appearance of an adverse party, where the Judge was not an impartial party, but also prosecution, which is a conflict of interests and gives rise to violation of due process rights of the alleged defendant, who is now aggrieved because of such impartiality, and as such this court has lost immunity and any preconceived jurisdiction.
Further investigation shows that there was no probable cause for the arrest and seizure at the time of such arrest and seizure. There was no disturbance of the peace, felony, or warrant for such action, leading to another cause of action against the Plaintiff and Officer for harassment and obtaining a signature under threat, duress and coercion.In the interest of justice and to preclude further injury to the Citizen and Aggrieved Defendant:
MOTION # 1
Aggrieved Defendant hereby motions the court to dismiss for failure to establish probable cause within 48 hours, or to issue a "Notice of Infraction", (officer issued a "NOTICE TO APPEAR"), therefore the court has no jurisdiction in the matter.
MOTION # 2
Aggrieved Defendant hereby motions the court to dismiss for failure to establish probable cause for the traffic stop, and a contested hearing within ninety days under the Constitution of the Untied States therefore any jurisdiction is lost in the matter.
MOTION # 3
Aggrieved Defendant hereby motions the court to dismiss for lack of prosecution at hearing. Prosecution failed to invoke jurisdiction, wherefore this court has lost any alleged jurisdiction and has denied an adversarial proceeding amounting to lack of due process.
MOTION # 4
Aggrieved Defendant hereby motions the court to suppress all evidence unlawfully obtained by the traffic stop "arrest" by the arresting officer who comes with unclean hands. The Constitution of the United Statesforbids that a standing army may be maintained in peace time. Such constitutional abuse of WAR POWERS, if not rebutted by some superior law, will be evidence of such willful intent to injure the rights of peaceful Citizens.
MOTION # 5
Aggrieved Defendant hereby motions the court to dismiss for failure to obtain and correct the true name of the Defendant at hearing. The Defendant has never been known as
JOHN QUINCY JONES or any other nom de guerre, and comes into this court under the American Flag of Peace, and municipality has no express authority to use marshal war powers upon this Citizen without lawful declaration. This Citizen also declares that the venue is improper, in that the alleged infraction did not occur upon any municipal property and as such must be dismissed.
MOTION # 6
Aggrieved Defendant hereby motions the court to dismiss the charge for failure to explain the nature and cause of the accusation, thereby leaving the Defendant in ignorance and without aid of knowledge to prepare a knowledgeable defense, andamounts to denial of due process.
MOTION # 7
The Aggrieved Defendant further motions the court to dismiss for statutory authorization of officer to issue a "NOTICE TO APPEAR", or provide such statute that authorizes such form to be issued by a member of the executive branch.
Aggrieved Defendant objects to the martial law war powers summary judgment of this court and lack of due process and I reserve all my rights under the common law including the right to appeal, without cost and do not voluntarily waive any rights.
Submitted this (day(i.e.,8th day), month), 2005
______
(signature)
John Quincy Jones, De Jure Soli, Sanguinis, Coronea
c/o (street address)
city, state, [by 00000]
I, John Quincy Jonescertifythat, I have served the Office of Prosecuting Attorney a true and correct copy of the Motions to Dismiss on this (enter date (i.e., 7th)) day of (type name of month), 2005 by leaving a copy with the Clerk, also filing a copy of said legal document with the Court Clerk on the above specified date.
Affiant, ______
(signature)
MOTIONS TO DISMISS
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