Cause No(s). _____________________________
The State of Texas § IN THE _________________________
COURT
§
VS. §
________________________________________ §
____________________________ § __________________ COUNTY,
TEXAS
TO: Acting prosecutor for the above Cause(s) representing
______________________________ found at
______________________________________________________________________.
Pursuant
to Rule 198.1 of the Texas Rules of Court, The Accused,
________________________________, without the benefit of counsel, request that
you serve the undersigned with a written response to each of the matters set
forth below. Your response should either admit or deny each matter, or set
forth in detail the reasons why you cannot either truthfully admit or deny each
matter separately. Each of the matters will be admitted by you unless, within
30 days after service of this request or within a time designated by the court,
you make and serve a written response to these matters as provided in Rule 198.
This is allowed under the Texas Code of Criminal Procedure,
Article 39.04.
Respectfully submitted,
_________________________________________
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy
of the forgoing has been delivered to the following party or counsel of record
via delivery confirmation, hand delivery or fax on this ______ day of ________________________, 201__.
______________________________________
______________________________________
______________________________________
_________________________________
DEFINITIONS AND INSTRUCTIONS
The following definitions and
instructions shall apply for the purposes of these request:
1.
“You”, “your”,
“prosecutor” or “The State of Texas” refer to the party coming against ____________________________________ accused
of some alleged crime associated with the above Causes(s) and includes
his/her/its’ agents, representatives and attorneys, and/or all other persons
acting or purporting to act on his/her/its’ behalf or under his/her/its’
control.
2.
“Accused” refers
to ____________________________________ , which has been named as a defendant
associated in the above Cause(s).
REQUEST FOR ADMISSIONS
The Accused hereby serves this request
to the prosecutor pursuant to RULE 198.1 of the Texas Rules of Court. Please
state who is answering these admissions.
REQUEST NO. 1
There is no Damaged
Party in this alleged case.
ANSWER:
REQUEST NO. 2
The TEXAS
TRANSPORTATION CODE applies to “persons” engaged in “Transportation”.
ANSWER:
REQUEST
NO. 3
A class ‘C’
Misdemeanor is not a jailable offense.
ANSWER:
REQUEST NO. 4
All of the
Accused charges are of a class ‘C’ Misdemeanor variety.
ANSWER:
REQUEST NO. 5
The Accused, in this
alleged case, is not alleged, by the prosecutor, to have been in commercial
activity at the time of arrest.
ANSWER:
REQUEST NO. 6
The alleged charges, in this case,
are found in the TEXAS TRANSPORTATION CODE.
ANSWER:
REQUEST NO. 7
The Texas Constitution states at Article III,
Section 29, “The enacting clause of
all laws shall be: "Be it enacted by the Legislature of the State of Texas."”
ANSWER:
REQUEST NO. 8
The Texas
Constitution states at Article III, Section 30, “No law shall be
passed, except by bill, and no bill shall be so amended in its passage through
either House, as to change its original purpose.”
ANSWER:
REQUEST NO. 9
The Texas
Constitution states at Article III, Section 32, “No bill shall have
the force of a law, until it has been read on three several days in each House,
and free discussion allowed thereon; but four-fifths of the House, in which the
bill may be pending, may suspend this rule, the yeas and nays being taken on
the question of suspension, and entered upon the journals.”
ANSWER:
REQUEST NO. 10
The Texas Constitution states at Article III,
Section 36, “No law shall be revived
or amended by reference to its title; but in such case the act revived, or the
section or sections amended, shall be re-enacted and published at length.”
ANSWER:
REQUEST NO. 11
The TEXAS TRANSPORTATION CODE is not law as it
does not conform to the requirements set forth for laws in the Texas
Constitution at Article III, Sections 29, 30, 32, and 36.
ANSWER:
REQUEST NO. 12
The Accused, at the time of the arrest, was not in an
activity that is under the regulatory authority of the TEXAS TRANSPORTATION
CODE.
ANSWER:
REQUEST NO. 13
The Accused is not a ‘Person’ as
defined in the TEXAS TRANSPORTATION CODE.
ANSWER:
REQUEST NO. 14
The Accused is not an
‘Individual’ as defined in the TEXAS TRANSPORTATION CODE.
ANSWER:
REQUEST NO. 15
The prosecutor did not
follow Article 5, Section 17 of the Texas Constitution concerning
the Cause(s) charging the Accused with a misdemeanor.
ANSWER:
REQUEST NO. 16
There is no record of an
indictment for any cause having been returned by a grand jury empanelled in any
of the District Courts concerning the Accused.
ANSWER:
REQUEST NO. 17
There is no record of an order transferring an indictment for this
cause to this court as required by the Texas Constitution and/or Article
21.26 of the Texas Code of Criminal Procedure.
ANSWER:
REQUEST NO. 18
The TEXAS TRANSPORTATION CODE cannot regulate the Accused right
to Assemble as found in Article 1, Section 27 of the Texas
Constitution.
ANSWER:
REQUEST NO. 19
Section 201.904 in the TEXAS TRANSPORTATION CODE is the
only place which specifically state what activity is regulated by Speed
Signs.
ANSWER:
Respectfully,
_________________________________
Send
responses to above location
INSTRUCTIONS
This
document is served on the prosecutor, right after arraignment or at least 10
before the pretrial. This document is for the prosecutor to admit that the
Transportation Code does not apply to you when you are not in commerce, among
other things. Always remember to word your Admissions (no more than 25
admissions) in the manner of which you want them to admit as to be in your
favor. If they wait and do not answer, then all statements will be taken by the
court as admitted. You will then take your copy that was not responded to or
the prosecutor’s response and during trial submit it as a defense Exhibit of
the admissions by the Plaintiff and admit into evidence while in front of the
judge. You do not file a copy of this with the court when you serve it on the
prosecutor. The prosecutor gets the original document.
Line 1: Where you put the
cause numbers of the case.
Line 2: Put either
‘Municipal’, ‘Justice of the Peace’ or County.
Line 3: Put either ‘In the City of (whatever City)”,
“Precinct (whatever number)” or “(whatever county Court it is – like – At Law
#11)
Line 4: Put your name in
Upper and Lower Caps.
Line 5: Put whatever county
the court is in – like – “Galveston”.
Line
6: Usually ‘The State of Texas’ goes in this space or whom ever the Prosecutor
is representing like “City of …” or “County of …”.
Line
7: Print your name in Upper and Lower case.
Line
8: Put the name of the Month that you serve a copy of this document to the
prosecutor.
Line 9: Sign your name, print your name in Upper and
Lower Caps then below that print your address.
Line 10: Put the numbered day
of the Month that you serve a copy of this document to the prosecutor.
Line 11: Put the name of the
Month that you serve a copy of this document to the prosecutor.
Line 12: Put the last number of
the year that you serve a copy of this document to the prosecutor. – like - 2013
.
Line 13: Put “
Prosecutor for (Whatever Court)
Line 14: Put the street address where the prosecutor will
be served.
Line 15: Put the City, State and Zipcode where the
Prosecutor will be served.
Line 16: Sign your name, then below print your name in
Upper and Lower Caps then below that print your address.
Line 17: Print your name in Upper and Lower case.
Line 18: Print your name in Upper and Lower case.
Original goes to the Prosecutor and one copy for you to keep
and have stamped by the Prosecutor’s Secretary or just send it by certified
mail. Be sure and NOT include the
instruction sheets.
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