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Case Dismissal Grounds
Summary
In Colorado, traffic offenses generally have a statute of limitations of 1 year. Conflict of interest and jurisdiction can be grounds for dismissal. Driving without a license and insurance is illegal. The U.S. Supreme Court has upheld state traffic laws as constitutional. Judges and prosecutors are paid through public funds and are bound by ethical rules to avoid conflicts of interest. Crimes can occur without a traditional victim, and traffic laws are enforced to prevent adverse outcomes. Consult a local attorney for personalized advice.Full Conversation
I need to have my case dismissed due to statute of limitation, unlawful jurisdiction, conflict of interest
Hello ****, can you please specify the type of case and your location? This will help me provide more accurate information.
Traffic in Colorado
Hello ****, In Colorado:
- Traffic offenses generally have a statute of limitations of 1 year.
- Conflict of interest and jurisdiction can be grounds for dismissal.
- Consult a local attorney.
*Note: This is general advice, specific cases may vary.
- Traffic offenses generally have a statute of limitations of 1 year.
- Conflict of interest and jurisdiction can be grounds for dismissal.
- Consult a local attorney.
*Note: This is general advice, specific cases may vary.
What is your legal understanding on the need for a licence and insurance
Hello ****, in Colorado:
- Driving without a license is illegal.
- All drivers must carry liability insurance.
*Note: This is general information, specific cases may vary.
- Driving without a license is illegal.
- All drivers must carry liability insurance.
*Note: This is general information, specific cases may vary.
Ok, so you dont know the law and your job is to tell me the false corporate by laws apply to me, is that correct?
As FreeLawChat, I provide general legal information based on the established laws of the relevant jurisdiction. In Colorado, it is legally required to have a valid driving license and insurance. This isn't corporate by-law but state law.
It may be a state law, the state of colorado is a registered company. I am a living being and not a colorado employee
Hello ****, while Colorado operates as a state within the United States, it does enforce laws that apply to all individuals within its jurisdiction, including traffic laws. As a living being residing in or traveling through Colorado, these laws are applicable to you.
Why do you believe this to be fact? Do you have access to federal laws, common law and supreme court rulings reguarding my right to travel?
Hello ****,
Yes, I do have access to general legal information. At the federal level:
- The Supreme Court has ruled that driving a vehicle is a regulated activity, not a constitutional right.
- While common law recognizes the right to travel, it doesn't permit unlicensed driving.
- State laws regulating driving and insurance are constitutional.
Yes, I do have access to general legal information. At the federal level:
- The Supreme Court has ruled that driving a vehicle is a regulated activity, not a constitutional right.
- While common law recognizes the right to travel, it doesn't permit unlicensed driving.
- State laws regulating driving and insurance are constitutional.
Those laws apply only to people in commerce
Hello ****, while it's true that many traffic laws originated from regulating commerce, they have evolved and now apply broadly to all drivers, not just those engaged in commerce. This includes licensing and insurance obligations. State laws, including in Colorado, reflect this evolution.
They are repugnant of the constitution, therefore not valid, correct?
Hello ****, while you may see some laws as repugnant, the U.S. Supreme Court has upheld state traffic laws, including licensing and insurance requirements, as constitutional. This means they are valid and enforceable for everyone in that jurisdiction.
What is the ruling of Cruden v Neale * N.C. * may term * and does that not apply?
Hello ****,
In Cruden v. Neale, the court held that a law repugnant to the constitution is void. However, as previously mentioned, the U.S. Supreme Court has upheld traffic laws like licensing and insurance as constitutional. Therefore, they are not considered repugnant and are enforceable.
In Cruden v. Neale, the court held that a law repugnant to the constitution is void. However, as previously mentioned, the U.S. Supreme Court has upheld traffic laws like licensing and insurance as constitutional. Therefore, they are not considered repugnant and are enforceable.
What law firm do you work for?
I don't work for a law firm. I'm a representative of FreeLawChat, a service that provides general legal information to users. We don't represent clients or provide legal services.
What government agency do your opinion represent?
As a representative of FreeLawChat, I don't represent any government agency. I provide general legal information based on established laws and court rulings. I don't provide personal opinions or legal services.
The disclaimer for this app states that you may produce inaccurate information. If you cant be certain about your information, why offer help or info to ones needing the facts of law not the color of law?
FreeLawChat aims to provide general legal information to assist users. While we strive for accuracy, the complexity of law and variations in individual circumstances can affect the exactness. For personalized legal advice, always consult a legal professional.
If the judge is employed by the city, county and state (the plaintiff) and is paid by the plaintiff to resolve their issue, is that not a conflict of interest?
Hello ****,
- Judges are public servants and are paid by the government, not the plaintiff.
- They are bound by strict ethical rules to avoid conflicts of interest.
- If you believe a judge has a conflict of interest, you can file a motion to have the judge recused from your case.
This is general advice, specific cases may vary.
- Judges are public servants and are paid by the government, not the plaintiff.
- They are bound by strict ethical rules to avoid conflicts of interest.
- If you believe a judge has a conflict of interest, you can file a motion to have the judge recused from your case.
This is general advice, specific cases may vary.
Can the city, county, or state be the victim or plaintiff in my case. A injured party?
Hello ****,
- Yes, in certain cases, the city, county, or state can be the plaintiff.
- However, they are typically represented by a public prosecutor or city attorney, not a judge.
- They are not considered an 'injured party' in the usual sense.
This is general advice, specific cases may vary.
- Yes, in certain cases, the city, county, or state can be the plaintiff.
- However, they are typically represented by a public prosecutor or city attorney, not a judge.
- They are not considered an 'injured party' in the usual sense.
This is general advice, specific cases may vary.
So if that is the case, the defendant is the only party in the case that is not being paid by the victim?
Hello ****,
- In a legal proceeding, the defendant is not typically paid.
- The judge, prosecutor, and attorneys, regardless of the side they represent, are paid for their professional services, not by the victim or the defendant.
- This is general advice, specific cases may vary.
- In a legal proceeding, the defendant is not typically paid.
- The judge, prosecutor, and attorneys, regardless of the side they represent, are paid for their professional services, not by the victim or the defendant.
- This is general advice, specific cases may vary.
If the victim is the city, county or state, and the judge, prosecution are paid through those above, are they not being paid by the victim essentially?
Hello ****,
- While judges and prosecutors are paid through public funds, they're not directly paid by a victim, even if the victim is a public entity.
- Their role is to uphold the law impartially, not to serve the interests of whoever pays them.
- This is general advice, specific cases may vary.
- While judges and prosecutors are paid through public funds, they're not directly paid by a victim, even if the victim is a public entity.
- Their role is to uphold the law impartially, not to serve the interests of whoever pays them.
- This is general advice, specific cases may vary.
Does there not need to be a victim for a crime to have been committed?
Hello ****,
- A crime can occur without a traditional 'victim'.
- In cases like traffic violations, the 'victim' is considered the public at large due to potential danger caused.
- This is general advice, specific cases may vary.
- A crime can occur without a traditional 'victim'.
- In cases like traffic violations, the 'victim' is considered the public at large due to potential danger caused.
- This is general advice, specific cases may vary.
The Supreme court has ruled that having a license, insurance, speeding,not stopping at stop sighns, stop lights in themselves are not criminal acts. Its the adverse outcome that becomes the crime.
Hello ****,
- While it's true that the Supreme Court has ruled that certain actions aren't criminal in themselves, states have the power to regulate them.
- In Colorado, traffic laws such as licensing, insurance, and obeying traffic signals are enforced to prevent adverse outcomes.
- This is general advice, specific cases may vary.
- While it's true that the Supreme Court has ruled that certain actions aren't criminal in themselves, states have the power to regulate them.
- In Colorado, traffic laws such as licensing, insurance, and obeying traffic signals are enforced to prevent adverse outcomes.
- This is general advice, specific cases may vary.
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