Bluffton to halt ticketing after judg...

Bluffton to halt ticketing after judge quits

There are 45 comments on the The Indianapolis Star story from Jan 21, 2008, titled Bluffton to halt ticketing after judge quits. In it, The Indianapolis Star reports that:

A northern Indiana city's mayor has asked police officers to stop writing traffic tickets after the city court judge quit only two weeks after starting the part-time position.

Join the discussion below, or Read more at The Indianapolis Star.

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You are a moron

Mahomet, IL

#44 Jan 24, 2008
Get your facts straight. Here is the correct Indiana code for defining a "motor vehicle".
IC 9-13-2-105
Motor vehicle
Sec. 105.(a) "Motor vehicle" means, except as otherwise provided in this section, a vehicle that is self-propelled. The term does not include a farm tractor, an implement of agriculture designed to be operated primarily in a farm field or on farm premises, or an electric personal assistive mobility device.
(b) "Motor vehicle", for purposes of IC 9-21, means:
(1) a vehicle except a motorized bicycle that is self-propelled; or
(2) a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(c) "Motor vehicle", for purposes of IC 9-19-10.5 and IC 9-25, means a vehicle that is self-propelled upon a highway in Indiana. The term does not include a farm tractor.
(d) "Motor vehicle", for purposes of IC 9-30-10, does not include a motorized bicycle.
(e) "Motor vehicle", for purposes of IC 9-23-2 and IC 9-23-3, includes a semitrailer.
An arrow for all tyrants wrote:
<quoted text>
Drivers licensing and traffic tickets for traveling in the family automobile are scams. Basically because the family automobile does not come under the jurisidiction of the Bureau of Motor Vehicles.
The BMV is a limited jurisidiction administrative agency for regulating "motor vehicles". A "motor vehicle" is defined at "IC 8-2.1-17-11 to mean a truck, a tractor, a trailer, a semitrailer, a motor bus or another self-propelled or motor driven vehicle that is operated upon a public highway for the purpose of transporting persons or property for hire". Where is the family automobile described in the definition? Nowhere if you can read!
People might be suprised to learn that when they register the family automobile at the BMV it is registered not as such but instead is registered
as a "motor vehicle" used to tranport people or property "for hire". Therefore the police officer presumes you are operating a "motor vehicle" instead of traveling in your family automobile and that you can be issued traffic tickets accordingly.
The ticket summons issued by the BMV is defective as it is not signed by the clerk and prosecutor as required by law. However the ticket summons is a "promise to appear". The "promise to appear" is fulfilled by filing in the court a motion to dismiss the ticket summons for insuffiency of service and for the court's lack of subject matter juridiction. Driving a "motor vehicle
is a privilege granted by the BMV. Traveling in the family automobile is a common right. A distinction that can be made at law if one is willing. Any takers?
An arrow for all tyrants

Pittsboro, IN

#45 Jan 24, 2008
You are a moron wrote:
Get your facts straight. Here is the correct Indiana code for defining a "motor vehicle".
IC 9-13-2-105
Motor vehicle
Sec. 105.(a) "Motor vehicle" means, except as otherwise provided in this section, a vehicle that is self-propelled. The term does not include a farm tractor, an implement of agriculture designed to be operated primarily in a farm field or on farm premises, or an electric personal assistive mobility device.
(b) "Motor vehicle", for purposes of IC 9-21, means:
(1) a vehicle except a motorized bicycle that is self-propelled; or
(2) a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
(c) "Motor vehicle", for purposes of IC 9-19-10.5 and IC 9-25, means a vehicle that is self-propelled upon a highway in Indiana. The term does not include a farm tractor.
(d) "Motor vehicle", for purposes of IC 9-30-10, does not include a motorized bicycle.
(e) "Motor vehicle", for purposes of IC 9-23-2 and IC 9-23-3, includes a semitrailer.
<quoted text>
Thanks for proving my point. Nowhere in the defintion you presented is mentioned the family automobile. The family automobile is used for traveling as a matter of right. A (motor)vehicle is used for transporting people and property for hire and can be regulated by the BMV. The government knows the difference between an automobile and a vehicle. For instance in Chapter 7. Mileage and Fees of County Officers IC 36-2-7-1 Sec. 1(b) If the county sheriff uses a
"personal automobile for travel". Here is the recognition of our right for the use of a
"personal automobile for travel".

And there is Indiana Code 14-22-39 ...(b) The director and conservation officers may:(1) search a boat, a conveyance, a "vehicle", an "automobile," Here the state recognizes the distinction between a "vechicle" and an
"automobile" by listing them seperately.

Conclusion: Automobile is nowhere to be found in IC 9-13-2-105. You are a victim of government wordsmithing.
You are a moron

Mahomet, IL

#46 Jan 25, 2008
An arrow for all tyrants wrote:
<quoted text>
Thanks for proving my point. Nowhere in the defintion you presented is mentioned the family automobile. The family automobile is used for traveling as a matter of right. A (motor)vehicle is used for transporting people and property for hire and can be regulated by the BMV. The government knows the difference between an automobile and a vehicle. For instance in Chapter 7. Mileage and Fees of County Officers IC 36-2-7-1 Sec. 1(b) If the county sheriff uses a
"personal automobile for travel". Here is the recognition of our right for the use of a
"personal automobile for travel".
And there is Indiana Code 14-22-39 ...(b) The director and conservation officers may:(1) search a boat, a conveyance, a "vehicle", an "automobile," Here the state recognizes the distinction between a "vechicle" and an
"automobile" by listing them seperately.
Conclusion: Automobile is nowhere to be found in IC 9-13-2-105. You are a victim of government wordsmithing.
No, my fried you are the victim. In the same chapter it defines what a vehicle applies to.
IC 14-16-1-7
"Vehicle" defined
Sec. 7. As used in this chapter, "vehicle" refers to an off-road vehicle or a snowmobile.
An arrow for all tyrants

Pittsboro, IN

#47 Jan 25, 2008
You are a moron wrote:
<quoted text>
No, my fried you are the victim. In the same chapter it defines what a vehicle applies to.
IC 14-16-1-7
"Vehicle" defined
Sec. 7. As used in this chapter, "vehicle" refers to an off-road vehicle or a snowmobile.
IC 14-16-1-7 refers to "off-road vehicles", not the family automobile. There are many definitions for vehicle in the Code but the family automobile is never included as such. The family automobile used for traveling is not a "motor vehicle" because it is not used to transport people and property for hire as required at "IC 8-2.1-17-11 a "motor vehicle" means a truck, a tractor, a trailer, a semitrailer, a motor bus or another self-propelled or motor driven vehicle that is operated upon a public highway "for the purpose of transporting persons or property for hire".

Traffic tickets issued upon the family automobile are scams. The ticket summons and complaint are defective thus invaild according to Indiana Trial Rules and Code. They can be successfully challenged by filing a motion to dismiss for insuffiency of service. Therefore fullfilling your "promise to appear" in court. The ticket summons has so many defects that can be challenged by pre plea motions so to make their prosecution on the family automobile cost prohibtive. In the end the BMV lacks subject matter jurisidiction because the family automobile is not a "motor vehicle" that can be regulated by the BMV.
Bluffton Resident

Bluffton, IN

#48 Apr 3, 2008
It is true...the police here are crooked, and they do make their own laws here.
I am not a criminal, however, I don't do anything to get in trouble.

There are drug houses all over. Even when you try to tell them about it they don't really do anything. This town could be great...

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