Nov 23, 2010, 5:31:47 PM11/23/10
to Silver Bullet Cannabis
I am recently back from my first appearance, in municipal Court on 4
Complaints. One of them is DUI and the other refusing the
breathalyzer. Please, no sermonizing on the DUI. It is an allegation
and allegations do not equal proof.
Anyway, the Judge, is an old man who has been ushering folks through
that system, to their absolute detriment, for quite some time. The
judge spent some time discussing the seriousness of the 2 charges. He
asked me if I understood that DUI is the most serious of the MV laws.
I said, I understood that they were the most serious of the MV laws.
He went on pontificating a bit.
Finally, when I got a chance to speak i said, "Sir, I’m not a lawyer
and I just don’t understand these proceedings. I am here by “special
appearance,". At that point he said, "special appearance!!! That went
out a hundred years ago!!" He then preceded to tell me that not being
a lawyer and not having an attorney was putting me a grave risk of
these serious charges, blah, blah blah. I then repeated, " I am here
by “Special” appearance, sui juris,". He said "sui juris!!! What
century are you from?" And again, saying all sorts of intimidating
things to, I guess, rattle me. I then asked him to take judicial
"Rule 7:7:1 RULES GOVERNING THE COURTS OF THE STATE OF NEW JERSEY
7:7:1. Pleadings; Objections
Pleadings in municipal court actions shall consist only of the
complaint. A defense or objection capable of determination without
trial of the general issue shall be raised before trial by motion to
dismiss or for other appropriate relief, except that a motion to
dismiss based upon lack of jurisdiction or the unconstitutionality of
a municipal ordinance may be made at any time." and that I wanted to
make a motion to challenge jurisdiction and I held up a copy of my
written motion , with attachments.
Again he shut me down and would not accept my motion, even after I
asked him, "You're not going to accept my motion?" I reiterated that I
did not understand the "nature and cause" of the charges. He was
really upset by this time. He told me that he had "told" me what the
charges are". My position remained that "I do not understand the
"nature and cause" of the charges.
He went on and on about having an attorney and how complicated all of
the issues are and then gave me a scheduling order for a hearing for
December 2. He warned me that he is "in absolute control of me" in the
Courtroom and he could have thousands of police officer after me if he
wished, if I don't show.
The order says "The defendant has been informed of the nature of the
charge" and my right to counsel blah, blah, blah. Article I Section 10
of the NJ Constitution says, in part, "to be informed of the nature
and CAUSEof the accusation;" (emphasis mine).
The order also says, "The defendant's counsel shall promptly file a
written appearance within 10 days." If no appearance is filed then I
must appear on Dec. 2
At no time did I enter a plea, nor did the Judge ask me to. He seemed
intent on scaring and intimidating me into doing it his way. I admit I
me knees were shaking a bit by the time he said, "You're free to go".
I'm thinking that is is sort of a win. The Judge failed to directly
address my "special appearance", sui juris status, or my motion to
dismiss for want of jurisdiction. I'm curious what others might think.
Granted, the above is as I recall it, but it is for the most part
representative a what happened this morning. I should say that I never
got anywhere near to starting to read the portion of Marc's script
that I had prepared.