York County, Virginia General District Court Filing Traffic Court

NameAddressCity, State and ZipPhone Number

9th District Court, York, Virginia

M B Pope Badge No 8214: Cases: Traffic Ticket No. XXXXXX Summons-er Traffic Ticket No. XXXXXX And Vs DMV Notice of Suspension

Name: Motion To Dismiss: Summonsed:

MOTION TO DISMISS:

I, name, the summonsed, hereby moves the Court to dismiss and nullify summons-er complaints and or accusations, with prejudice. The basis for this Motion are set forth in the accompanying Memorandum In Support For Motion To Dismiss, attached.

NameAddress

City, State, and ZipPhone Number

Motion To Dismiss: Page 1 of 1

NameAddressCity, State, ZipPhone Number

9th District Court, York, Virginia

M B Pope Badge No 8214: Cases: Traffic Ticket No. XXXXXX Summons-er Traffic Ticket No.XXXXXXX And Vs DMV Notice of Suspension

Name: Memorandum In Support Summonsed of Motion To Dismiss:

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS:

I, name, defendant, come before the 9th District Court of York County, Virginia and complain of the following: That this court lacks jurisdiction over me and that this court lacks subject matter over me, that this court is not a proper court of record, and that in the above listed tickets put forth against me and that I do not understand the accusations, do complain of the following.

1. That on March 8th, 2015 I was pulled over by officer, M B Pope, Badge number, 8214, at approximately 11:00 PM on Capital Landing Road, Williamsburg, area in the county of York. Officer Pope used his emergency lights to pull me over where there was no emergency. I was informed that the reason he pulled me over was because of an expired plate sticker registration on my vehicle. Officer Pope issued to me the above summons citations and used a common trick where he pulled my copies out before I signed the other copies of the summons. This common trick is employed by law enforcement to trick some people into thinking that since there is no signed copy, there is no reason to show up in court. This is a due process violation by an officer of the court.

2. Title 5 US Code: Sec. 556(d), 557 and Sec. 706: Courts lose jurisdiction if they do not follow due process of law. Based on the argument above in 1., the court has lost jurisdiction over me.

3. Where there are no depositions, admissions, or affidavits the court has no facts to rely on for a summary determination. Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647. Violation of due process causes loss of subject matter jurisdiction, Johnson v Zerbst, 304 U.S. 458, 58 S.Ct. 1019 (1938); Pure Oil Co. v Cityof Northlake, 10 111.2d 241, 245, 140 N.E.2d 289 (1956); Hallberg v Goldblatt Bros., 363 Ill25 (1936),

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS: Page 1 of 5

4. As in accordance with Attorney Malpractice, Chpt. 2, Standard of Care, § 2:7. - Fraud. “ Fraud is defined as: Deceit, deception, artifice, or trickery operating prejudicially on the rights of another, and so intended, by inducing him to part with property or surrender some legal right. Anything calculated to deceive another to his prejudice and accomplishing the purpose, whether it be an act, a word, silence, the suppression of truth, or any other device contrary to the plain rules of honesty. (Ballentine’s Law Dictionary. 3rd Edition [1969]) That deputy Pope committed fraud when he handed me a copy of the summons without my signature on such. See attachment A.

5. Rules of Supreme Court of Virginia Part 7C General District Courts – Criminal and Traffic § D ( iii), Page 557: (d) A summons, whether issued by a judicial officer or a law-enforcement officer, shall command the accused to appear at a stated time and place before a court of appropriate jurisdiction. It shall (i) state the name of the accused or, if this name is unknown, set forth a description by which he can be identified with reasonable certainty, (ii) describe the offense charged and state whether the offense is a violation of state, county, city or town law, and (iii) be signed by the magistrate or the law-enforcement officer, as the case may be. That each summons given to me do not have the required signature of officer M B Pope as stated in the above rule under (iii).

6. Where service of process was not made pursuant to statute and Supreme Court Rules, Janove vBacon, 6 111.2d 245, 249, 218 N.E.2d 706, 708 (1955), the court has no subject matter jurisdiction.

7. Federal Rules of Civil Procedure: Rule 60. Relief from a Judgment or Order – (b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

8. That I have broken no laws as the accusations of statutory violations shall apply to persons as defined by Virginia code, a person so defined under said code reads that a person is an individual and that an individual is a person. Statements so vague and circular in its very nature as to require further in depth research. When words can not be easily ascertained for their simple meaning, one must look at other words used around the vagaries to obtain such meaning. As used in the definitions of the Virginia code, we see that other terms used around person and individual all relate to fictions. That when Virginia code actually applies to the natural person, Virginia code specifically states such with the proper usage. Examples of Virginia code that relates to the natural person are cited as follows: VA Code § 1-225, § 1-241, § 2.2-2240.3, § 8.01-66.1 – C second paragraph, definitions states as follows: For the purposes of this subsection C "person" shall mean and include any natural person, firm, partnership, association or corporation. Also, § 46.2-633.2. Transfer of title on death. - C. A certificate of title with a designated beneficiary shall not be issued if (i) the owner is not a natural person. These are only a few examples of the differences in the proper terms as used in the Virginia Code in determining the meaning of statutes and how they

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS: Page 2 of 5

are to be applied. I am a natural persona and not a just a person which is a clear fiction.

9. §46.2-323 Code of Virginia, Application for driver's license; proof of completion of driver education program; penalty. This code is so ambiguous so as to have a multitude of meanings which can not be interpreted properly by anyone. The term “shall” has three meanings being in the first person, second person or third person and can be construed to mean must or may or future tense, and are not explained in any definition in the Code of Virginia, hence the statute can not stand and is not law.

10. I have been accused of violating the following statues of the Code of Virginia, §46.2-301 and §46.2-646 as well as DMV DSA 10. That said codes apply to a person and not the natural person and again are so ambiguous as to have a multitude of meanings making them incomprehensible with words such as “shall” and “he”. That again as stated above, the word shall has multiple meanings and said meanings are not made clear at any point and the word “he” is used which clearly does not apply to any female of which I am one of said gender. Said statutes are not found in the common law and therefore do not apply to me and I have broken no laws.

11. U.S. Constitution, Bill of Rights, Article Six: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of Counsel for his defense.

12. Marbury v. Madison : 5 US 137 (1803): “No provision of the Constitution is designed to be without effect,” “Anything that is in conflict is null and void of law”, “Clearly, for a secondary law to come in conflict with the supreme Law was illogical, for certainly, the supreme Law would prevail over all other laws and certainly our forefathers had intended that the supreme Law would be the bases of all law and for any law to come in conflict would be null and void of law, it would bare no power to enforce, in would bare no obligation to obey, it would purport to settle as if it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded in an open court of law, no courts are bound to uphold it, and no Citizens are bound to obey it. It operates as a near nullity or a fiction of law.” If any statement, within any law, which is passed, is unconstitutional, the whole law is unconstitutional by Marbury v. Madison.

13. 16Am Jur 2d., Sec. 97: “Then a constitution should receive a literal interpretation in favor of the Citizen, is especially true, with respect to those provisions which were designed to safeguard the liberty and security of the Citizen in regard to person and property.” Bary v. United States - 273 US 128 “Any constitutional provision intended to confer a benefit should be liberally construed in favor in the clearly intended and expressly designated beneficiary”

14. 16Am Jur 2d., Sec. 117: “Various facts of circumstances extrinsic to the constitution are often resorted to, by the courts, to aid them and determining its meaning, as previously noted however, such extrinsic aids may not be resorted to where the provision in the question is clear and unambiguous in such a case the courts must

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apply the terms of the constitution as written and they are not at liberty to search for meanings beyond the instrument.”

15. 16Am Jur 2d., Sec. 155: “Since the Constitution is intendant for the observance of the judiciary as well as other departments of government and the judges are sworn to support its provisions, the courts are not at liberty to overlook or disregard its commands or counteract evasions thereof, it is their duty in authorized proceedings to give full effect to the existing constitution and to obey all constitutional provisions irrespective of their opinion as to the wisdom or the desirability of such provisions and irrespective of the consequences, thus it is said that the courts should be in our alert to enforce the provisions of the United States Constitution and guard against their infringement by legislative fiat or otherwise in accordance with these basic principles, the rule is fixed that the duty in the proper case to declare a law unconstitutional cannot be declined and must be performed in accordance with the delivered judgment of the tribunal before which the validity of the enactment it is directly drawn into question. If the Constitution prescribes one rule and the statute the another in a different rule, it is the duty of the courts to declare that the Constitution and not the statute governs in cases before them for judgment.

16. Murdoch v. Penn. 319 US 105:(1943) “A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution and that a flat license tax here involves restraints in advance the constitutional liberties of Press and Religion and inevitably tends to suppress their existence. That the ordinance is non-discriminatory and that is applies also to peddlers of wares and merchandise is immaterial. The liberties granted by the first amendment are and in a preferred position. Since the privilege in question is guaranteed by the Federal Constitution and exist independently of the states authority , the inquiry as to whether the state has given something for which it cannot ask a return, is irrelevant. No state may convert any secured liberty into a privilege and issue a license and a fee for it.

17. Shuttlesworth v. Birmingham Al. 373 US 262:(1962) “If the state does convert your right into a privilege and issue a license and a fee for it, you can ignore the license and a fee and engage the right with impunity.”

18. That my license was suspended/revoked/disqualified under incorrect information and presumption by the Virginia Department of Motor Vehicles for lapse of insurance on an RV that was titled in my name, sitting in a junk yard and was scrapped at the point of the insurance lapsing on said registered RV. That I have filed a complaint with the Commissioner of the Virginia Department of Motor Vehicles about this showing proof and evidence of said stated claims and have not yet heard back from said Commissioner who is Richard D Holcomb. See attachment B.

I, name, now move the court to nullify with prejudice, these complaints made against me and grant me any and all costs and expenses for defending against these frivolous actions.

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS: Page 4 of 5

I, name, hereby state and attest that all of the above is true and correct to the best of my knowledge.

Seal/Signature:

Notary Public:

My Commission Expires:

Date:

MEMORANDUM IN SUPPORT OF MOTION TO DISMISS: Page 5 of 5

Certificate of Mailing:

I, name, hereby certify that mailings of this document have been sent out in compliance with the rules of the Supreme Court of Virginia and each mailing has been sent via certified mail through the US Post Office.

Certificated Mail Certificate Number: mailed to: 9th District Court, PO Box 316, 300 Ballard St, Yorktown, Virginia 23690-0316

On Date:

and

Certificated Mail Certificate Number: mailed to: Benjamin N Hahn, Commonwealth Attorney, PO Box 40, 300 Ballard St, Yorktown, Virginia, 23690

On Date:

Name:

Name:In Propria PersonaAddressCity, State, ZipPhone Number

9th District: District Court, York County, Virginia

Commonwealth of Virginia Cases: Traffic Ticket No. XXXXXX Traffic Ticket No. XXXXXX And Vs DMV Notice of Suspension

Name: Motion To Show Cause: Summonsed:

MOTION TO SHOW CAUSE

I, name, the summonsed, hereby moves the Court to dismiss and nullify the accusations of statutory violations against me for lack of subject matter jurisdiction and complain of the following:

1. I have filed a Motion To Dismiss this case with both the court as well as the Commonwealth Attorney's office for the 9th district, York County, Virginia and have not heard anything back on said motion. According to the rules of the court, Rule 1:4 (e), pleadings not denied by motion are accepted as fact. That said accusations of statutory violations by summons have not been properly executed as they are required to be singed by law-enforcement and were not signed by law-enforcement as required by the rules of the court, Rule 7C §D (iii).

2. That said Motion To Dismiss complained that this court lacks subject matter jurisdiction based on the above complaint that was equally argued in said motion and that failure to respond once again falls under rules of the court, Rule 1:4 (e), has also been accepted, therefore this motion to show cause asks by what authority I am still being expected to show up in court for these accusations.

3. That the court clerks have failed to send me notice of the next appearance for court that is also signed by the clerk of the court and contains a court seal.

I, Name, now move the court to nullify with prejudice, these accusations of statutory violations made against me and grant me any and all costs and expenses for defending against these frivolous actions.

Motion To Show Cause: Page 1 of 2

I, name, hereby state and attest that all of the above is true and correct to the best of my knowledge.

Seal/Signature: Name

Notary Public:

My Commission Expires:

Date:

Motion To Show Cause: Page 2 of 2

Certificate of Mailing:

I, name, hereby certify that mailings of this document have been sent out in compliance with the rules of the Supreme Court of Virginia and each mailing has been sent via certified mail through the US Post Office.

Certificated Mail Certificate Number: mailed to: 9th District Court, PO Box 316, 300 Ballard St, Yorktown, Virginia 23690-0316

On Date:

and

Certificated Mail Certificate Number: mailed to: Benjamin N Hahn, Commonwealth Attorney, PO Box 40, 300 Ballard St, Yorktown, Virginia, 23690

On Date:

Seal/Signature: Name