Nov 12, 2010, 10:20:30 AM11/12/10
to Silver Bullet Cannabis
I don't know if anyone here can provide sound advice on this issue or
not. Perhaps someone can point me in the proper direction for advice.
On Tuesday, 9Nov2010 at aprox 1938 hours I was pulled over, in my car,
for not having a valid registration. Apparently, here in NJ, they
have a system that automatically scans your plates, without officer
input and it is a primary offense to not have a registered vehicle,
for which they can stop you. I'm only speculating on this.
Since I was unaware that my registration was expired (it was due to be
re-registered in September. NJ usually sends notice 2 months in
advance. During that time I was away from home for an extended period
and must have missed the notification when sorting through the pile of
mail. As an aside, with my automobile my insurance renews in April,
automobile inspection is in June and registration expires in
September. It doesn't matter why this is, just that, this is how it
is for me) I was taken by surprise by that news. As I was searching
for my proof of insurance, I realized that I instead had 2 insurance
cards for my motorcycle instead, one for last year and one for the
current year. I guess when I was swapping old for new insurance
cards, I screwed up and mistakenly replaced my old auto insurance ID
with my old MC insurance ID. DO!
So here I am, blinded by the take down lights, without my reading
glasses, totally dumbfounded by the situation that I was currently in.
Long story short, officer claimed that he smelled alcohol and that I
slurred some words and asked me how much I had been drinking. My
response was, "I choose to remain silent". He ordered me from the car
to perform field sobriety tests. As far as I can tell I passed the
first but didn't do so well on the second. I was cuffed and placed in
the cruiser. With the exception of letting it be known to the officer
that I suffer from chronic back and knee pain and stating that I felt
the road surface was too uneven for me to keep my balance, I held my
silence throughout the entire encounter.
When I was presented with the breathalyzer I was twice read a lengthy
statement saying that anything other than an acquiescence to the test
is a refusal. I twice stated that, "I choose to remain silent'.
Approximately 90 minutes later I was again offered the opportunity to
take the breath scan, with the same lengthy, anything other than "yes"
is a refusal. I again replied, "I choose to remain silent". This
occurred at a second police station, to which I had been transported.
Prior to my release into the custody of my son, I signed a statement
confirming that at no time during the encounter with the police, did I
wave my right to remain silent. I was given four summonses: One each
for no registration, failure to produce proof of insurance, DUI
(driving under the influence, and refusing to take the breathalyzer.
I fully plan to challenge in personam jurisdiction and venue in the
first instance. Here, though, is my question: The Court date on the
summonses was for yesterday, 11Nov2010 at 1000. I was there, the
Court was not, as it is closed for Veteran's Day. Does this error
make the charging instruments flawed and therefore null and void? Can
I make a motion to quash, by special appearance, in the first instance
at Court due to the flawed nature of the summonses, without being
estopped from challenging jurisdiction and venue?
And, how do I approach this with the Court? If I call and explain the
date mistake, will the Court construe this as a request for
rescheduling or continuance, effectively estopping my challenge to
There is another issue with the summonses being in error due to how my
license information was recorded. Without going into detail, the type
of license I hold was not accurately recorded. I do not want to bring
this to the attention of the Court, unless I can confirm that I have
an argument that the charging instruments (the summonses are flawed
and therefore null and void of the force and effect of the law.
I fully realize that we get what we pay for and that no answer to this
message will be construed as legal advice. Thanks.