another court win

Published: Wed, 12/23/15

About 3 months ago I got a speeding ticket. It was soon after I had my heart attack where I was still adjusting to the fact that I’m not invincible. lol.

 At 1st I was just going pay the ticket and forget about it. But of course, having the knowledge that this police officer had no business writing me a ticket because, I was not engaged in any commercial activity that gave him authority, that started to bother me to the point where I had to challenge it.

This is my 3rd a 4th consecutive win and I believe that going on the offensive doing a counterclaim supported by an affidavit that I learned from David is an important proponent; I also believe one of the primary keys to success is I now always delivered my counterclaim to the state’s attorney’s office based on that corporation must be represented by an attorney.

I only came to this enlightenment based on the document below where I highlighted the state’s attorney is (unknown) but the defendant’s attorney (none). See below:
"...A corporation cannot practice law and must have a licensed attorney representing it in court matters." Tuttle vs Hi-Land Dairyman's Assoc. cited in [10 Utah 2d 195] 350 Pac.2d 616.

A corporation is not a natural person. It is an artificial entity created by law and as such it can neither practice law nor appear or act in person. Out of court it must act in its affairs through its agents and representatives and in matters in court it can act only through licensed attorneys. A corporation cannot appear in court by an officer who is not an attorney and it cannot appear in propria persona. (Citing cases from Colorado, New York, Illinois, Indiana, Virginia, 441*441 Missouri, New Jersey, Kansas, Minnesota and the U.S. Courts.) In Paradise v. Nowlin, 1948, 86 Cal. App.2d 897, 195 P.2d 867.

"The federal courts have held that the provisions in the statute that `the parties may plead and manage their own causes' or by attorney (28 U.S.C.A. § 394) does not authorize a corporation to plead and manage its case personally or through an agent who is not an attorney of the court. Mullin-Johnson Co. v. Penn Mut. Life Ins. Co., D.C.Cal., 9 F. Supp. 175; Brandstein v. White Lamps, Inc., D.S.N.Y., 20 F. Supp. 369."

"Section 272 of the Judicial Code, 28 U.S.C.A. § 394 (Rev.St. § 747) provides that:
"`In all the courts of the United States the parties may plead and manage their own causes personally, or by the assistance of such counsel or attorneys at law as, by the rules of the said courts, respectively, are permitted to manage and conduct causes therein.'
"We think the words `the parties,' as used in the statute, mean the parties in interest — the real, beneficial owners of the claims asserted in the suit, and by implication that it excludes agents and attorneys in fact and confines the representation, where the party whose rights are actually involved does not appear in person, to attorneys and counselors at law. * * *

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