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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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IN TRAFFIC CASE, IS SUBJECT MATTER JURISDICION DEPENDANT ON

Customer Question

IN TRAFFIC CASE, IS SUBJECT MATTER JURISDICION DEPENDANT ON A FACT STATED BY A COMPETENT WITNESS ON THE COMPLAINT?
Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
Sorry...not sure I understand the logic. Subject Matter Jurisdiction is simply the ability of the court to hear the case. Why is it you believe there is none?
Customer: replied 1 year ago.
SUPREME COURT CASE IN PAGLIANO SAID THAT WITHOUT A COMPETANT WITNESS STATING A FACT THAT CAUSES AN INJURY, THERE IS NO SUBJECT MATTER JURISDICTION. SHOULDNT THAT PRINCIPLE APPLY TO TRAFF IC CASES TOO? ESPECIALLY IN A NO VALID DRIVER LICENSE. ISNT UNIFORM TRAFFIC CITATIONS BAD FOR DUPLICITY, AS THEY DONT STATE A CAUSE OF ACTION, NO DAMAGES, NO INJURYS NO VICTIM, NO CRIME.
Customer: replied 1 year ago.
THERE IS NO CASE WITHOUT SUBJECT MATTER JURISDICTION. THERE ARE ELEMENTS TO SATISFY TO GAIN JURISDICTION.
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. The other expert has exited the conversation.
Subject matter jurisdiction is an important concept in federal courts, because federal courts are courts of LIMITED jurisdiction. State courts are not. The traffic court will always have subject matter jurisdiction to hear a traffic ticket, because that is the purpose for which those courts were created.
Damages are not required in criminal cases. The fact of the statutory violation is considered to be damage to the community as a whole. There is also no need to state a victim - "society" is the victim when a traffic law is broken and there was no accident. If the ticket asserted that you violated a traffic law, then there was a cause of action, injury, "victim" and crime.
On top of that, it is unfortunately extremely difficult to vacate a ticket AFTER it has been paid. Even if these arguments could be applied to a traffic ticket, you waived them by not bringing them up prior to paying the ticket.
Wis. 345.51 does not apply when a person paid a ticket, it only applies if you failed to appear and judgment was entered in your absence. So, based on what you've said, I'm sorry to say, your chances of getting the ticket reopened and successfully defending it with a subject matter jurisdiction argument are extremely low.
I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.
Good luck.
Customer: replied 1 year ago.
Ok, Lucy thanks for taking on this sticky legal situation and giving me the societal common undestanding of jurisdiction. But I am looking for the lawful understanding of jurisdiction based on case law. In Indiana I had a lawyer prepare a Motion that dismissed a traffic case because it was bad for duplicity. Now I do not quite understand that arguement but it has somehing to do with the Uniform Traffic Citation not being a lawful complaint, not saisfying the elements of subject matter jurisdiction.
Another lawyer over there was able to get a couple more tickets dismissed without my ever showing up for hearing or pleading. So there are silver bullets out there to kill traffic cases at least in Indiana. Here in Wisconsin its not that easy. But I have not paid any fine yet and I want to get back in the fight based on 345.,51 though I have plead guilty. Maybe I have indeed waived any standing to object to jurisdiction by my pleading but I want to see how far I can go with this tack. There is some case law principle that subject matter jurisdiction can be challanged at any time not withstanding any trial court adjudication.
Your mission is to find the case law pertaining to this principle and if it can be applied to this alice in wonderland quasi lawful traffic court where there is no complaint, no victim, no injury, which is required in any other venue like tort law, I would love to talk to you on the phone but the pop up said that you were a phycisian or something and that threw me for a loop. I realize that what I am asking for will require much research and may be beyound the scope of this service, but this inquiry is important to me and I am prepared to recompensate you for this work accordingly. I just dont think that the solution would be had just chatting on the phone. If there is indeed a fatal flaw in a Uniform Traffic Citation like what happened in Indiana, I want to know about it as I have a conviction in Florida that cost me $160 though I fought it with an Affidavit of Defense in absentia and touched on the idea that there was no accident, no injury, no damages, no crime. But I had no case law.
Customer: replied 1 year ago.
Here is a clue Lucy, Morales v Santiago; Dunn; Pagliano, defendant( this is a Supreme Court case).
Watts v Indiana
Expert:  Lucy, Esq. replied 1 year ago.
I'm afraid the scope of the research you're doing is well beyond the amount of assistance we're able to provide through this site. Had you stated originally that you required case law research, I would not have accepted the question.
It's not about the time, it's about the fact that, in my expert opinion, I will not be able to find what you want. I can't ask you to pay for a wild goose case, even if I were interested in engaging in it. I'm going to open your question up to the other experts.
Customer: replied 1 year ago.
For your own edification and enlightenment you might want to watch a video on youtube, What they dont want you to know about traffic tickets. Its good stuff! I know there is something to it as I was able to have lawyers take advantage of it for me in the past .... I just lost all the paperwork on it over the years. Remember what the Bible says about this; They send out swarms of agents to eat out the substance of the people. I am paraphrasing but it sure seems to apply to this alice in wonderland legal system that has grown up around us like weeds to choke the life out of us and destroy our libertys.