RadioBanter - View Single Post - since when is using a cb against the law in the U.S.?Judge, in effect, rules it is.

December 22nd 05, 12:32 AM posted to rec.radio.cb

"I AmnotGeorgeBush" wrote in message
...
From: (Leland C. Scott)
From: (Leland C. Scott)
On Sun, 11 Dec 2005, LCS wrote:
I've heard of some chick beating a littering

ticket; chucked a cigarette butt out the window
while driving. She picked up the carbon paper

the Cop threw on the ground from his ticket

pad and brought it to court. When she showed
it to the judge he dismissed the ticket.

Regards,

Leland C. Scott

KC8LDO

You "heard" incorrect.

No.

So you heard correctly, but what you were told was an untruth.
A judge is REQUIRED to follow the law.

No, he is NOT.

"The general rule is that an unconstitutional statute, though having the

form and name of law, is in reality no law, but is wholly void, and

ineffective for any purpose; since unconstitutionality dates from the

time of it's enactment, and not merely from the date of the decision so

branding it... No one is bound to obey an uncontitutional law, and no

courts are bound to enforce it."

-- 16 Am Jur 2d, Sec 177 late 2d, Sec 256

A judge may not
indiscriminately dismiss such a case based on information that another
committed the same offense.