Sunday, July 19, 2009

Please Help...

If I had in fact been guilty, they wouldn't have had to do the things they've done in order to get a conviction.

Do we still have a constitution or have the state's become so powerful that the federal government has lost control? This was extortion and this was wrong from the beginning!!! Is this what we can expect in the future as a way for the state to generate funds for their deficit? Should we all just stay at home and not spend any money so that we can be financially prepared for fraud and extortion from the state?

1.) Illegal traffic stop, I pulled out from the side street onto the hwy., officer testified he checked my speed passing the side street at 63, not physically possible.

2.) Officer used the implied consent to coerce me into complying with his field sobriety test.

3.) My vehicle was illegally searched.

4.) Trooper put a gun to my fiance's head, while he quietly sat in the vehicle.

5.) I refused to submit to state test, because he repeatedly stated "she's refusing" after I had complied with his other test. Within a minute of my refusal he guaranteed "she'll be a 10 or better."

6.) The traffic stop lasted 40 minutes before I was arrested, officer said it was 20 minutes.

7.) After I was arrested and placed in the fancy little DUI task force car I noticed the quad vision monitor recording everything, yet in court the officer said there was only audio. We had silent movies long before we had sound, he had rearranged the audio and couldn't get the video to match, so the video disappeared.

8.) At the jail he forced me to take the state breath test after he had a "CLEAR" refusal.

9.) They took away my glasses and then tried to get me to sign papers that I could not see to read, I didn't cooperate with him on that one.

10.) Approximately 8 hours later when I was released I did not receive any citations nor any temporary driving permit. I felt that I'd been abducted, robbed, violated, tied up, taken away and held for ransom.

11.) I requested a copy of the video and was refused.

12.) At the ALS hearing I stood on my fourteenth amendment due process and Bell v. Burson previously decided by the US Supreme court and denied.

13.) At the probate arraignment I again stood on my fourteenth amendment, The judge said "the laws have changed since then."

14.) A week before court I called probate court to request an attorney and a transcript of the hearing, I was told no and told what the judges findings would be.

15.) I kicked the officers butt on the speed multiple ways: a ten minute drive (according to map quest) took twenty minutes, no vehicle can go from 0 to 63 in twenty feet on wet asphalt, etc. The judge kept saying that he didn't understand and when I made mention of a court appointed attorney he said that I was being rude and found me guilty.

16.) The audio had been rearranged, added to, and parts deleted. Alteration can clearly be heard in parts, but the judge ignored the facts.

17.) I requested records from the state, they told me there was a video. I sent in the money then they sent a letter back to inform me that the video was damaged (It wasn't damaged until they edited it) so they were not required to provide me with a copy of the "aforementioned CRASH"

18.) It would appear the judge made certain that I would not be able to appeal by stating on the record that I plead guilty to the speed. Also, according to the radio log I was stopped for being a suspicious vehicle.

19.) Went to the FBI within a week of court, was told Atlanta was investigating, so I waited three months. The next time they were contacted one had retired and the other had been transfered to DC. I went to my local FBI office and was told that they would only investigate if there was violence involved.

Do we still have a constitution or have the state's become so powerful that the federal government has lost control? This was extortion and this was wrong from the beginning!!! Is this what we can expect in the future as a way for the state to generate funds for their deficit? Should we all just stay at home and not spend any money so that we can be financially prepared for fraud and extortion from the state? Can you help me please?

Thursday, June 4, 2009

I can see clearly Now...

June 4, 2009
Received package from Department of Public Safety. No video, but it’s quite interesting that after proving that the speed couldn’t have happened, multiple ways, Judge #2 appears to have made sure that I wouldn’t be able to appeal. He did so by stating on the court documents that I plead guilty to the speed,

again, no matter what…

Notes on audio evidence:
The audio has been rearranged, things added, things taken away, a lot of background noise added.
Also, the feel in court was that Trooper Court Clerk had created the audio, this statement is simply an opinion.


Time line not accurate. Looking for gun in beginning.
HGN first, one legged stand next, portable breath test last
If PBT had been first, why would he have gone beyond that, considering what he alleges the reading was?

Things Added:
Things stated once, repeated over and over.
Conversations between Trooper #1 and Mr. Pasenger.
Trooper #1 calling me first name and telling me to get back over here.
Instructions during hand cuffing.
Trooper #1 returning Mr. Pasenger's license.
Trooper #1 inventorying truck.
Background noise, it was a rainy night, fairly quiet.

Things Removed:
Beginning of stop.
Coercion on Field Sobriety Tests.
Trooper #1, “she didn’t do it right.”
Trooper #2 assuring me my property would be secure.
Time is missing.
Conversations between Trooper #1 and Trooper #2.

Too many inconsistencies to list.

Wednesday, May 6, 2009

Public Information Act...

May 6, 2009

Requested from the Georgia Department of Public Safety Open Record Unit a copy of all records regarding my case. Was told there was a video and a number of documents. I thought, finally, I will have the evidence that the video was fabricated!

Tuesday, February 24, 2009

My Day in "What used to be Court"...

February 24, 2009

I had my daughter take me to court. Mr. Passenger and Mr. Witness were already there waiting. Mr. Witness was sitting in the court office. My Daughter, Mr. Passenger and myself walked in and were waiting with Mr. Witness. Ms. Court Clerk asked us to wait in the lobby, while Mr. Witness stayed in there. As we were waiting the door was closed so that the three of us could not here what was being said. My witness was still in there with them. Trooper #2 was in there along with Trooper Court Clerk. About five minutes before court began Trooper #1 went in and the three of them went into a back room. A few minutes later we were called into the courtroom. Judge #2 wanted to know who all was in the court room, as if he didn’t want anyone in there who didn’t need to be there. He seemed concerned about who my daughter was, but not about why Trooper Court Clerk needed to be in the courtroom. During court I made mention of the attorney I was supposed to have represent me and the judge acted as though I'd not made the request and threatened to hold me in contempt for mentioning it, however he acknowledged that I'd called his office and had been told what the findings would be.

Court Began...

I proved the speed could not have happened.
Judge #2 allowed fabricated evidence.
Judge #2 would not make the trooper answer questions.
Judge #2 kept playing stupid and saying that he didn’t understand.
Judge #2 said I was being rude because I requested an attorney.
It did not matter that I’d never received any citations.
It did not matter that my driver’s license were taken away without notice.
It did not matter that I’d been denied due process.
It did not matter that the trooper testified there was nothing wrong with my driving.
It did not matter that the trooper lied repeatedly on the stand, the judge ignored facts.
It did not matter that every time the trooper was pinned down the judge would interrupt.
It did not matter that I did not have a job, I was told I could not go find a job, but if I didn’t pay the fines I would be picked up and put in jail, an impossible situation.

Judge #2 proved Mr. Witness’s statement to be correct… It did not matter, no matter what.

Monday, February 16, 2009

No Attorney...No Transcript...

February 16, 2009

I called Judge #2 office to request an attorney to represent me in court and to find out how to get a transcript of the proceedings. I was told they didn’t offer court appointed attorneys there and that I would have to go through an attorney to get a transcript. Ms. Court Clerk proceeded to tell me what my sentence and fines would be. I asked how she could know that before the judge heard the case? She said well, that’s just his usual findings.

Sunday, February 8, 2009

No Matter What...

February 7, 2009

Mr. Witness told me that the judge had already told him that no matter what was said in court, I was guilty. I said that was wrong, how could that be considered a fair trial. He said, “I’m just telling you what he told me, there’s really no point in your trying to fight this”.

Wednesday, January 14, 2009

Probate Court

On January 13, 2009
I went to probate court for the arraignment. Judge #2 asked if there was anything I wanted to say? I said yes, I want to say this, showing him a copy of the Bell vs. Burson 1972 case and the United States Supreme Court decision. The judge read it and said “the laws have changed since then”, I replied “The Constitution?”! He asked how I plead, I said “Not guilty”. He told me to go out front so they could schedule me a hearing date. Ms., the court clerk, asked when I wanted to schedule my hearing, I replied ‘yesterday’. She said well, that trooper is coming in for a hearing later this afternoon, let’s schedule it then, I’ll call him now so he can bring the video and ya’ll can get this over with. I said “Great”.
Later that afternoon, when I went for my hearing, the judge called Trooper #1 into the courtroom alone and told me and Mr. Passenger to wait out in the hall while he discussed with the trooper what happened earlier with my case. The door was closed. When the judge and the trooper emerged from the courtroom the judge stated that the state wasn’t ready. The judge told me that if I didn’t give the state time to prepare its case that they could appeal it. In trying to be fair, I reluctantly agreed but protested about the amount of time that I’d been without a driver’s license. I asked the trooper if that was my video? Trooper #1 stated “Yes, I can let you “watch the video now” but I can’t let you have a copy of it”. I said that I would wait until court, thinking that it would help prove my case from memory as opposed to from watching a video to refresh my memory. (Later to find that was a huge mistake.) I went back to the front office to schedule another court date, this time Ms. Court Clerk wasn’t so friendly. In fact she allowed the trooper to select a court date. He selected February 24, another month and a half for me without a license. After Trooper #1 left I was talking to Ms. Court Clerk a little and she made a comment about she couldn’t say anything because her husband was also a trooper. (This sounds like a fair trial in the making… especially in a small town like XTown, Georgia. But I gave the judge the benefit of a doubt since he was new and surely he would remove himself if there were a conflict…Right)

Friday, January 9, 2009

First hearing...

January 9, 2009

I had my daughter drive me to Cartersville, Georgia for the ALS hearing. Mr. Passenger was already there. Trooper #1 arrived a short time later. Trooper #1 testified basically to that which was written in his police report, adding that he’d followed the vehicle for a minute or two and that I’d handed him my license out to the side. I did not address the trooper at all. When it was my turn, I stood on Bell vs. Burson 1972, decided by the United States Supreme Court, dealing directly with the Georgia Public Safety denying the Fourteenth amendment and due process guaranteed before taking anyone’s drivers license away. I explained to the judge that I’d not received a single piece of paper other than a list of my personal property and that I felt that I stood before the court in double jeopardy because the trooper had already tried and convicted my on the side of the road that night. The judge argued that the trooper said that he gave me my temporary driving permit and citations and that this was my due process. Trooper #1 spoke up and said that he’d left the paperwork at the jail to be given to me upon my release. I reiterated that the only paperwork that I was afforded was a list of my personal property therefore I motioned that the case be dismissed. The judge denied my motion and said that I would receive her decision by mail in the next few days.

Wednesday, January 7, 2009


Judicial Council of Georgia

Administrative Office of the Courts
David L. Ratley Reply to:
Director Research
DATE: March 8, 2004
RE: Driver’s Licenses


Yes, it can be considered unconstitutional.

Due process is relevant to a discussion on the constitutionality of taking a DUI defendant’s license and sending it to the state within 30 days without any prior hearing. Due process refers to guaranteeing a person fair procedures and protecting an individual’s property from unfair governmental influence1. In Bell v. Burson2, the U.S. Supreme Court said that the state must generally afford a prior hearing before a driver’s license is suspended or terminated. The only apparent caveat to that rule is when a post-suspension hearing is allowed to satisfy due process where a statute mandates suspension of a driver’s license for refusing to take a breathalyzer test upon arrest for drunk driving3.
Furthermore, although, O.C.G.A. § 40-5-67 states that “whenever any resident or nonresident person is charged with violating Code Section 40-6-391 (DUI), the law enforcement officer shall take the driver’s license of the person so charged”. This code section does not provide that a law enforcement officer shall take a DUI defendant’s driver’s license and forward it to the state. It does provide, however, that the license be attached to the court’s copy of the uniform traffic citation and complaint form forwarded to the court having jurisdiction of the offense. It also provides that a copy of the uniform traffic citation and the complaint form be forwarded, within ten days of issue, to the department. The Code mentions nothing about a law enforcement officer forwarding the driver’s license of a DUI defendant to the state, per se.

Seizing a DUI defendant’s driver’s license before any prior hearing may be deemed a violation of that defendant’s due process rights. Therefore, it can be considered unconstitutional. Furthermore, in situations where the driver’s license of a DUI defendant is seized, the Code mentions nothing of forwarding that license to the state.

Monday, January 5, 2009

Evidence gathering...

January 5, 2009

Trooper #1 called me and told me that he could not give me a copy of the video. He went on to say that he didn’t know why I wanted to go to this hearing other than to try to save my license, but that if I would go ahead and plea guilty that he could have the suspension lifted. He also wanted to know if I had an attorney to represent me, I said no, that it would just be me.

Saturday, January 3, 2009

Damage Control

November 21, 2008

Called the VFW and Mr. Passenger, spoke with Mr. Witness about needing him to testify about what time we left the VFW the previous week. Mr. Witness said that he didn’t know what this was in reference to but that he remembered us leaving between 12:25 and 12:30 because he held the door for us as he left. Mr. Passenger, told him what had happened and Mr. Witness said he’d go to court with us, there was no problem. In fact he’d remembered that our demeanor was fine and that neither one of us were intoxicated when we left.

Thursday, January 1, 2009

The nightmare began...

On November 15, 2008

I left the local VFW at 12:30. I drove down Mauldin Road to US 41 North. After I made a left hand turn on to 41 north, about a quarter mile up the road I passed another vehicle traveling south. As I returned the hotel, that my fiancé had earlier in the day, I noticed another vehicle abruptly accelerating to the rear of my vehicle and just as quickly retreat. I indicated that I was turning, moved into the central turning lane and proceeded to turn. As I began to turn the vehicle behind me activated their blue lights.

After stopping, I looked at the clock and noticed it was 12:50am. I exited my vehicle and handed the trooper (trooper #1) my license. The trooper returned to his vehicle and as he reached the door he stopped and asked if he’d informed me why he stopped me, I replied no, he said “speed”. Another trooper (trooper #2) pulled up on the scene, #2 and #1 spoke for a moment and it seemed to me that trooper #2 was instructing trooper #1. When Trooper #1, returned, he asked if I’d been drinking, I replied two or three. He asked if I would take some field sobriety test, I replied no, I noticed trooper #2 mouthing what seemed to be instructions to Trooper #1. Trooper #1 told me that if I refused to comply with the state mandated tests that my license would be suspended for one year, feeling defeated, I asked what I had to do. He proceeded into the field sobriety tests. He shined the flashlight directly into my eyes, I turned my head away from the light to protect my eyes. He said that I had failed. He requested that I stand on one leg, I informed him that I have known since childhood that I have no sense of balance and would not be able to comply. At that point I feared he would ask me to recite the alphabet backwards, so to deter that request I said my sheet slitter tongue twister, thinking that anyone who could say that should be free to go. He then requested that I blow into the portable breath test, I blew four or five breaths into it. Trooper #2 asked what he got, as he turned it around I saw the reading to be 02. Trooper #1 said that she didn’t do it right. I asked “what kind of lung capacity do you think I have after smoking for thirty years?” I then asked “can I go now?” because this seemed to be going on far too long! Trooper #1 asked if I had anything in my pockets, not knowing what this was leading to I said that I didn’t know. He asked “any sharp objects, any weapons?” I got it then, I raised my hands and said there was a gun in the side pocket of the truck. Trooper #2 pulled his gun and aimed it at Mr. Passenger, my fiancĂ© as he approached the truck on the drivers side, I could not help but think how dangerous this had suddenly become after a half hour of my weapon not being a problem, now it is. I stood perfectly still knowing that one move could lead to devastating results. (Barney Fife was suddenly on the scene.) Once the gun was secured Trooper #2 investigated the open container and concluded it contained water. He then began looking for my gun permit, or searching my truck, it wasn’t clear because it continued for an extended period of time. I tried telling him where the permit was, if I had it with me, but he and Mr. Passenger, continued the search. After five to ten minutes of searching they concluded that the permit wasn’t there. Trooper #2 walked back to the passenger side of the vehicle as Trooper #1 mirandized me and placed hand cuffs on me. As Trooper #1 placed hand cuffs on me I realized that he wasn’t comfortable with where my wrists were so I lifted my wrists away from my body and made the comment “Oh, you wouldn’t want to be accused of feeling me up,” he said “no Mam, I don’t think so”. After that, he lead me around the patrol car and as we walked he gave me a little push, so that I would loose balance. Then acted as though he’d not done that. He placed me in the back of the patrol vehicle at approximately 1:30am. After being placed in the back of the patrol car I noticed Trooper #2 in his patrol car, calling in the weapon and I stated through the window that there was one, meaning bullet, in it and please don’t let anyone get hurt. Trooper #1 asked what I wanted to do about my truck and I said to have it towed, because I didn’t want my gun left unsecured, Trooper #2 assured me that my gun and vehicle would be secured. I looked to the front of the patrol vehicle and noticed a quad vision monitor on the computer showing around the car as well as the passenger compartment. Mr. Passenger, was allowed to come back and speak with me briefly twice. The first time, with Trooper #1 there and the second time with Trooper #2 there. Trooper #1 then got into the patrol car and radioed in “ In route, one white female…”. It was approximately 1:35am. Three or four minutes later we arrived at the jail and he called in his ending mileage. He escorted me into the jail and as we waited for the jailer, the male prisoners began making comments. I looked at Trooper #1 and asked him, “Are you really going to expose me to this now?” He looked around for a moment as though he was looking for some other place to take me so that I wouldn’t be exposed to the harassment, but then did nothing. The jailer came out and began inventorying my personal effects. The prisoners quieted down. Trooper #1 went into another room. Trooper #1 stepped back into the room and stated I’m having a problem with the machine, the jailer asked what it was doing, but he didn’t answer. He turned and walked back into the room. As the jailer was putting my things into the plastic bag, I asked about my glasses and said I needed them to read, The jailer kind of laughed I said that she didn’t think I would need them and that she was only allowed to give them to me if they were prescription glasses. I asked, so I won’t be reading anything? She said that she didn’t think so. After the jailer had finished taking my inventory she handed me a receipt for my personal property. I then walked into the room with Trooper #1. He became upset that I was in there and told me to wait outside. A minute later he said “It’s ready now, step in here, blow in that tube.” After complying with his orders, he ordered me out of the room again. Three or four minutes later, he ordered me to step back in here and blow again. After that I was put in the cell. About five minutes later I saw Trooper #2 arrive at the jail. Approximately an hour later Trooper #1 called me out requesting that I sign his papers. I told him that I probably would not have any problem signing his papers if he could get my glasses so that I could read what I was signing, before I signed it. He said ‘Mam, I can’t get your glasses”. I said, “ well sir, then I can’t sign your papers”. He then became enraged and started yelling about how he was trying to help me here and what was he supposed to do. I then turned back to the cell door and waited for him to open the door so that I could feel safe.

Approximately 7am I was called out to be booked. As I waited I asked for a drink of water, I was told that I could have something to drink later. The jailers then began commenting on how I must not be feeling very well after a night of drinking and that’s probably why I’d asked for water and that my head probably didn’t feel very well either. Another jailer said “yep, he stopped you for DUI”. I said “that’s not why he stopped me”. He said “what”, so I repeated myself. He then punched of the computer for a minute or so and then said “ Oh, speed, 23 over”. I again requested a drink of water, and was told that I could have water when they were done.

An hour or so later I was bonded out, handed my personal effects and that was all. I told Mr. Passenger that I no longer felt like a citizen, because a citizen has constitutional rights and what they did last night stomped all of my rights. We then went to the towing company to retrieve my truck and realized that the windows had been rolled down and the gate to the towing company had been left open. My truck, nor my gun had been secured, in fact my gun was actually sitting in two inches of water from the overnight rain. Mr. Passenger went into the towing company, handed them cash and they handed him the keys. Never once was he asked for any identification and not a single receipt was received.
When I arrived at home I immediately began researching on the internet about my options, what I was facing and the laws that were supposed to protect me. I learned of something called an ALS hearing and that I had 10 days to request a hearing or my license would be automatically suspended for one year. So I requested a hearing. I then learned that I could subpoena a copy of the in car video and did so.