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Fraud in the Kourts EXPOSED!
page In the simplest terms, fraud occurs when someone knowingly lies to obtain benefit, or an advantage. When Georgia Kourts deliberately practice deception upon citizens with a view to gain an unlawful or unfair advantage, by which the right or interest of another is injured, then the Kourts are guilty of defrauding said citizens. Kenneth Waters 8/15/2005
During the course of this article, we will concentrate on the practices of the local kourts, and explain how they are defrauding Georgia citizens through a process of deception and outright lies. When you receive an automated red light camera enforcement ticket in the mail from the Marietta, Decatur or other city municipal or county recorders kourts, you'll see a grainy color photo of the back of the vehicle at the time of the alleged violation. You will also see a close up black and white picture of the tag ONLY! Unlike all other states, in Georgia there is NO picture made of the face of the driver. What none of these bought-off whore politicians who have inflicted our government with this disease know, for a fact, is who was driving the vehicle. All they know, for a fact, is who the registered owner of the vehicle was on the day the photograph was taken. They send a citation to the registered owner assuming the owner was the driver. If you were not driving the car at the time of the photograph, these crooked fascists try to trick you into identifying the close friend or family member who was driving your car at the time of the citation. Are you going to turn traitor on your wife, dad, girl friend, co-worker over a violation they may have not committed? Will you turn on your own kin to stoke the treasuries of these crooked political prostitutes? You are under no moral obligation to do so. In any case, how can you say for sure whether the driver ran a red light or not if you were not actually there? THINK ABOUT IT! That is how you morally and legally justify not turning someone in. If you were NOT there, how can you know for sure? Your inability to identify the driver is quite understandable and common. When considering all the family members, mechanics, and others to whom I routinely hand over my truck keys, it would be a small miracle if I could remember who was driving my truck on a specific day when, ten days later, the photograph arrives in the mail.
When the kourts send
out these tickets, the tickets themselves outlines the allowable
defenses one may use to dispute the charge. In this case we shall
concentrate on the
Marietta
municipal kourt citation used in this articles explanation.
Click Here
From an actual Marietta Automated Enforcement Citation (Front page) Such an inference may be rebutted under City of Marietta Ordinance 10-4-170 if the owner of the vehicle: 1. Files a sworn notarized statement with the Clerk of the Municipal Court prior to the due date on the citation identifying the name and address of the operator of the vehicle at the time of the alleged violation; Note the kourt references Marietta Ordinance 10-4-170. Click Here to read a copy of this ordinance. Nowhere in this ordinance does it say you have to do ANYTHING of the kind in regards to identifying the name and address of the driver UNLESS the vehicle was commercially licensed. Nowhere in Marietta Ordinance 10-4-170 does it state that the owner of a private vehicle has to do anything more than just file a sworn notarized affidavit that you were not the driver of the vehicle at the time of the alleged violation. These crooks at the Marietta municipal Kourt however are referencing a local law, and further inferring that the local ordinance requires you to identify the name and address of the driver. That is deception, and an outright lie. Based on the kourts telling you in an officially capacity that a local law mandates you to take certain action that the local law actually does not, is out right FRAUD. Furthermore, the State Law from which this local ordinance has been adopted from by reference states as follows; Click Here OCGA 40-6-20 (Diii) (D) (iii) Submits to the court prior to the return date established on the citation a sworn notarized statement identifying the name of the operator of the vehicle at the time of the alleged violation. State law only requires that you identify the name of the driver, and NOT the address. The city and county kourts perpetrating this fraud upon Georgia citizens have no legal authority whatsoever to amend or change the allowable defenses under this state statute OCGA 40-6-20 (Diii) (6) Except as otherwise provided in this subsection, the provisions of law governing jurisdiction, procedure, defenses, adjudication, appeal, and payment and distribution of penalties otherwise applicable to violations of subsection (a) of this Code section shall apply to enforcement under this subsection; OCGA 40-6-20 (6) states that application of this automated enforcement, and specifically defenses, must adhere to this code section. This code section 40-6-20 (D,iii) is clear in that only the NAME and NOT the address of the operator must be provided. The ONLY place in Marietta code that stipulates you must identify both name and address of the driver is in section [9] and section 9 deals with commercially licensed vehicles, not privately owned. Furthermore, there is NOTHING in OCGA 40-6-20 that states anything about commercially licensed vehicles. Therefore that is FRAUD as well on the part of the Kourts. Without a name and address, the courts are getting nowhere in prosecuting these tickets. Georgia law does not provide for the owner having to provide the address, only the name of the operator. Nevertheless, all of these cities have written it into their code anyway, which conflicts with state law. What the Georgia Court of Appeals have said about such instances in numerous opinions. Giles v. City of Locust Grove
When the kourts sends these tickets in the mail addressed to you, and tell you the local ordinance mandates you have to do something, that you really do not have to do, they are simply lying to you, and that is fraud on the parts of the kourts. Think about it. The current civil monetary penalty for a red light camera violation in ANY city or county across the entire state of Georgia is $70.00 dollars. That is because that is all that state law under OCGA 40-6-20 allows. The local kourts can no more change that fine amount from the state law in which their local ordinances are adopted from by reference, than they can change the allowable defenses.
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