Asking a traffic court judge to inform you about the type of court you are in and about the rules of the court, is like Alice asking the Mad Hatter for the time of day. Just as the Hatter will always leave Alice perplexed about the real time of day, traffic court judges will do the same to anyone who inquires about the rules governing traffic court. Seemingly, traffic courts must reside in the nebulous realm of "Judicial Wonderland."

  All courts, including traffic courts are either civil or criminal and are governed by either, the Rules of Civil Procedure, or by the Rules of Criminal Procedure. Most states classify minor traffic offenses as infractions. Infractions are legally termed quasi-crimes and are not punishable by jail time. Black’s Law Dictionary, 7ed., legally defines the word Quasi as – Seemingly but not actually; in some sense; resembling; nearly.

  Under the law, what is not criminal is civil. Because infractions by legal definition only resemble a crime, but are not actually, then it stands to reason that infractions fall under the non-criminal or civil category of law adjudicated under the Rules of Civil Procedure. The common law default is a civil procedure and the default process found in every state’s Rules of Civil Procedure is based upon the civil default derived under the common law.

  In a small number of states, such as Texas, the vehicle codes are incorporated into the criminal codes and the traffic courts in Texas are designated as criminal courts and are governed by the Rule of Criminal Procedure.

  Since the common law default is a civil procedure, can it be properly used to default the prosecutor in traffic courts legally designated as criminal courts?

  Please keep in mind that the common law default as we apply it in traffic cases, challenge the legal claim(s) made against you by the prosecutor, who is prosecuting a claim(s) against you on behalf of the state. The authority of the prosecutor is vested unto him by the Constitution, which also limits the jurisdiction of his authority. The Constitution of the United States of America and all state constitutions are common law ‘civil’ instruments.

  Under the provisions of our Constitution, all public office holders and people elected to or appointed to positions of public trust, including prosecutors, must take an oath of office. The oath of office is a contract between the office holder and the people, whereby the office holder swears to uphold the constitution, the law and the duties of his office. All contracts are civil. The prosecutor holds office and derives his power under the provisions of civil instruments, such as the Constitution and his oath of office, and any challenge to the power or jurisdiction of the prosecutor must be made by means of a civil instrument or document. A civil challenge to the authority or jurisdiction of a prosecutor in a criminal court or any other court, is the only legal avenue available to the people in making such a challenge.

  Ninety nine percent of the time, the citing officer will spell the person's name cited on the traffic ticket in ALL CAPS. Even in the rare case where the officer writes the name of the person he is citing in upper and lower case lettering, that person's name always appear in ALL CAPS on the court docket. So, the state will still list your legal fiction or artificial person as the person charged in the case.

  Have you ever noticed that on all official government documents your name is always spelled in ALL CAPS? Your name on your driver's license, your name on your passport, your name on your social security card and your name on your birth certificate are all spelled in ALL CAPS. Does the government just spell your name in ALL CAPS for ease of use, or for clarity, as some claim, or is there more to the why the government uses ALL CAPS to spell your name?

  Now, let's consider the name of "JOHN JACOB JINGLEHEIMER SCHMID" Is "JOHN JACOB JINGLEHEIMER SCHMID" spelled in ALL CAPS the same person as "John Jacob Jingleheimer Schmid" spelled in upper and lower case letters? To know the answer we must first know that a corporation is also legally defined as a "person". Black's Law Dictionary, 7th ed., def. (2): Person An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being.

  Black in definition (2), states an all telling and troubling fact by informing us that a corporation is recognized by law as having the rights and duties of a human being. There is a hugh difference between the so called rights of a corporation, or corporate person and the rights of a living flesh and blood person. We as the flesh and blood creations of God the Father above, have a sacred duty unto our creator to worship and obey Him and a duty unto God to help our fellow man. Corporate persons have no such duties imposed upon them. The corporation person has a duty imposed upon it by the secular state that created it.

  Flesh and blood persons have unalienable rights granted to them by their creator, which can never be sold, given away, or contracted away, whereas corporate persons have only inalienable rights, which may be surrendered or transferred without the consent of the one possessing such rights. I purposely digressed from the point of the topic, which is the meaning of your name spelled in ALL CAPS because, this information is so very important for everyone to know.

  Now that you know that legally the word person can mean either a flesh and blood person, or a corporate person, how can one determine if "JOHN JACOB JINGLEHEIMER SCHMID" is the name of a flesh and blood person, or a corporate person or legal fiction? The best place to start is look at how the names of corporate persons are spelled by the states that create them. In every instance the name of corporations or corporate persons are recorded by the state in ALL CAPITAL LETTERS! This is the method the state uses to distinguish a state created legal fiction from a flesh and blood person.

  Almost from the moment of your birth the state created a legal fiction in your name though your birth certificate. Guess what? Your name is spelled in ALL CAPS on your birth certificate. Over your life time, the state proceeds to trap you into other contracts, so it can attach more and more legal obligations to you via your legal fiction. The driver's license, Social Security card, marriage license, this license and that license, all create a contract with your legal fiction, which the state can freely impose legal duties on and apply penalties for any alleged breaches of contract.