Bogus Traffic Ticket - Collier County

To Whom It May Concern:

Pursuant to Florida's Sunshine Law (Fla. Stat. secs. 119.01 to 119.15 (1995)), I hereby request the following records:

Seeking a certified copy of any and all documents in the two court files for two paid for traffic tickets for alleged infractions occurring on the same day, October 24, 2008, which are listed online at the Collier Court as follows:

Style: STATE OF FLORIDA vs ALYN, SUSAN J
Uniform Case Number: 112008TR0562500001XX Filed: 10/24/2008
Clerks Case Number: 0856250TR Citation Number: 5925FHN
Court Type: TRAFFIC INFRACTION Disposition Judge:
Case Type: TRAFFIC INFRACTIONS Disposed: 10/27/2008
Judge: Reopen Reason:
Case Status: DISPOSED Reopened:
Next Court Date: Reopen Close:
Last Docket Date: 10/27/2008 Appealed:
Due Date: 11/25/2008

Parties
Name Type DOB City, State, Zip
ALYN, SUSAN J DEFENDANT 1960 NAPLES, FL 34109
WOOLSEY, PAUL WITNESS

Dockets
Date Text
10/24/2008 PAYMENT DUE ON 11/25/2008
10/24/2008 CITATION # 5925FHN FOR 316.126(1)(A) ISSUED ON 10/21/2008 BY COLLIER
10/27/2008 DRIVING RECORD
10/27/2008 PAID CIVIL PENALTY, ADJUDICATED GUILTY
10/27/2008 PAID $138.00 ON RECEIPT 126949, FULLY PAID

Events
There are no Events for this case.

Financials
Charge Number Amount Assessed Amount Paid Last Payment Date
1 138.00 138.00 10/27/2008

Charges
Charge Florida Statute Florida Statute Description
10/21/2008 316.126(1)(a) FAIL TO YIELD TO EMERGENCY VEHICLE
-------------------------------------------------------------------------------------------------------------------------
Style: STATE OF FLORIDA vs ALYN, SUSAN JAE
Uniform Case Number: 112008TR0562490001XX Filed: 10/24/2008
Clerks Case Number: 0856249TR Citation Number: 5918FHN
Court Type: TRAFFIC INFRACTION Disposition Judge: NO JUDGE ASSIGNED
Case Type: TRAFFIC INFRACTIONS Disposed: 10/27/2008
Judge: NO JUDGE ASSIGNED Reopen Reason:
Case Status: DISPOSED Reopened:
Next Court Date: 00/00/0000 Reopen Close:
Last Docket Date: 10/27/2008 Appealed:
Due Date: 11/25/2008

Parties
Name Type DOB City, State, Zip
ALYN, SUSAN JAE DEFENDANT 1960
WOOLSEY, PAUL WITNESS

Dockets
Date Text
10/24/2008 PAYMENT DUE ON 11/25/2008
10/24/2008 CITATION # 5918FHN FOR 316.089(1) ISSUED ON 10/21/2008 BY COLLIER
COUNTY SHERIFF'S OFFICE
10/27/2008 DRIVING RECORD
10/27/2008 PAID CIVIL PENALTY, ADJUDICATED GUILTY
10/27/2008 PAID $138.00 ON RECEIPT 126945, FULLY PAID

Events
There are no Events for this case.

Financials
Charge Number Amount Assessed Amount Paid Last Payment Date
1 138.00 138.00 10/27/2008

Charges
Charge Florida Statute Florida Statute Description
10/21/2008 316.089(1) FAIL TO DRIVE IN SINGLE LANE
-------------------------------------------------------------------------

Note I am seeking these records because the "Fail to Drive in Single Lane" is a false and fraudulent charge, and the officer who issued this bogus ticket was lying-in-wait for me at an angle off the road making
it impossible for him to see any car changing lanes, and I did not change lanes at all. As I knew I had committed no infraction, yet he was following me with his lights flashing and alarm blaring, I continued driving quite a distance until I arrived at a place where I knew there would be witnesses who could watch and see the false DUI arrest I predicted was coming.

The place I chose with witnesses to watch, where I drove to and parked, was a Starbucks with an outdoor terrace filled with people, and so I parked and waited for the officer to falsely arrest me.

After he talked on his radio with his supervisors for quite awhile, he did not attempt to falsely arrest me for a fake DUI, but issued these two tickets.

As I knew I had no reason to go to traffic school because I did not commit the "failure to drive in a single lane" infraction, and as I knew I had no civil rights to due process in Collier Court system, I was forced to pay money I knew was not due and not owed for this bogus ticket of "failure to drive in a single lane." To me, this was an extortion payment.

Also note this was not the first time that law enforcement followed me for no reason in Collier County, and not the first time I continued driving until I arrived at a place where I knew witnesses would be able to see what was about to transpire, but it was the first time an officer then issued a bogus ticket. The other times I had to do this type of driving to where witnesses were located was to a Naples Fed Ex Kinkos where an office then backed off a fake DUI arrest and backed off any tickets because of witnesses.

I believe this harassment by law enforcement in Collier County was directed and instructed by others seeking to establish a record of fake DUI arrests and fake convictions, which would be the felony record they hoped to create, and I believe hey wanted to do this to discredit me because I am a witness to their public corruption.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I would request your response within ten (10) business days.

Sincerely,
Susan Alyn
Susan A.

Thank you for your message. I will be sending you the requested $12.00 for the certified copies.

Please note that your response to a public records request is not "confidential" on the MuckRock site -- nor under FL Sunshine Public Records Law.

Consequently, I do not know why one of your messages contains a "confidential" notice.

If you are claiming an exemption under FL Sunshine Law please cite the applicable exemption of the statute, as I know of none.

Thank you.

-----------
From one of your messages:

"This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message."

Ms. Price,

Thank you very much for pointing that out, as I believe you are correct - and I will be sending $24 (not $12).

Sincerely,
Susan Alyn

PS I am only seeing one instruction sheet. However, I know I did ask for two cases. Can you check to see if two instruction sheets were sent to me? I am seeing only one. Thank you.

PSS Never mind; I just now saw the TWO instruction sheets.

Thank you.

(They are so similar looking I had missed the 2nd one.)

Hi,

Enclosed is the check for $24, as requested. Thanks!

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

I just want to point out these certified copies of driver history records look false to me. For example, I have never taken any driver course in "PalmBeach" -- even though that is what it appears to state on the form.

I previously have written to the FL Dept responsible for driver records to correct my driver history records.

They never responded, even though I sent them a detailed letter by certified mail, explaining all the mistakes they made. I don't know if that's how they treat everyone, or if some drivers are targeted for harassment in FL.

I have to say I am wondering why there would be a Driver History posted online forever when a person pays a traffic ticket, since the information on any driver history is subject to change, since the number of years an alleged violation appears is finite, not indefinitely as on a court site. It seems like yet another way for Collier County to needlessly (or deliberately) humiliate, shame, and defame people -- especially when the driver history contains errors and is false. I can't find any statute in FL allowing or requiring a driver history to be posted this way. Can you cite such a law? If not, can you delete this driver history, which is false and has no legitimate reason for being posted?

I think the judicial rules state that a non-criminal traffic infraction record can be disposed of after "60 days." Since Collier County Clerk Dwight Brock states that he exclusively follows these judicial rules, why is a non-criminal 2008 traffic infraction record still online after seven years?

Here is Dwight Brock's statement in a pdf file on how he complies with judicial rules: "When the Clerk is acting in support of the judiciary, access to court records is exclusively by Florida Rules of Judicial Administration 2.420."

Here are the Florida Rules of Judicial Administration:

Rules of Judicial Administration - The Florida Bar
www.floridabar.org/TFB/TFBResources.../Judicial.pdf
The Florida Bar
RULE 2.420. PUBLIC ACCESS TO AND PROTECTION OF JUDICIAL. BRANCH ..... Branch Retention Schedule for Administrative Records. Effective .... Florida Constitution, general law, rules of court, or a supreme court opinion to be adopted ...

Page 160 states that "60 days" is how long the court needs to retain "Parking tickets and noncriminal traffic infractions after required audits have been completed."

Page 153 of the Florida Judicial Records Rules states "This schedule authorizes destruction of records unless otherwise provided by court rule."

In light of Dwight Brock's claim he strictly and exclusively adheres to these FL Judicial Records rules, I am asking that he delete this noncriminal traffic infraction record file pursuant to the FL Rules he cites and claims he adheres to exclusively since there is no other court rule requiring a permanent noncriminal traffic violation be maintained by the court.

Re above request to follow retention rules and destroy after "60 days" records of noncriminal traffic violations --- here is where I am seeing Dwight Brock's policy on public records and his claim he exclusively follows the FL Judicial Rules, in the pdf here:

https://www.collierclerk.com/faqs/faqs-continued

Is it possible to view or get copies of public/official records by making a public records request

Yes. It is the policy of the state of Florida that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency in accordance with Florida Statute 119. Public records requests apply to all court records as provided in the court rule 2.420 Public Access to Judicial Branch Records. Also, Florida Statute FS 286.011 governs public access to public meetings.

Collier County Clerk of Courts: Public Records Policy (pdf) At pg 2 of 6:

"Court Records - When the Clerk is acting
in support of the judiciary, access to court records is governed exclusively by FL Rules of Judicial Administration..."

I also want to add that out of 67 county clerk offices in FL, I have not found one - not one - that is posting a "driver history" along with a payment of a traffic fine. Especially a driver history that is false. This seems really illegal and defamatory to me.

Only Collier County does this, I meant to add with the above. Does Collier County Court do this to everyone? (Post a [false] "driver history" with payment of a non-criminal traffic infraction?) Why does Collier County Court do it - and no other county? It seems really wrong to me.

Just to show you how different it is in other county court sites in FL, here for example is Polk County Court's information -- explaining that they do NOT provide driver histories publicly, in the online court file of a traffic infraction -- as a driver would have to pay for that driver history if the driver wanted to obtain it from the Clerk:

Scroll down to these two questions:

"Can the Clerk's office advise me of points assessed against my license?

No, deputy clerks cannot advise you of the number of points...The Clerk's office can provide a full history for a nominal fee averaging $16.25 for the first page and one dollar for each additional page for a lifetime history. Otherwise, you must address your questions to the Bureau of Driver Licenses...."

Also see, at the end:

"Where can I get a copy of my drivers license transcript?"
http://www.polkcountyclerk.net/Traffic-Tickets/
"Citizens can purchase copies of their driver license transcripts from the Clerk's office. ... A person can only request and/or purchase their own driver license transcript..."
-------

As I said, I can not find one other county, other than Collier County Court, that is posting publicly a [false] driver history with a traffic fine payment.

Other counties don't even seem to post the non-criminal traffic infraction once it is paid.

But Collier County Courts --- seems to be posting it forever, along with a bogus driver history, for the purpose of defamation, is what it seems to me.

It seems the most unfriendly, unfair and anti-public court there is in Florida.

I notice the Collier County Court site does not mention public records anywhere except at the very end of a 2-page FAQs section, where Court Clerk Dwight Brock's "policy" is posted as a pdf file -- wherein he claims the department heads under him have a duty to ensure public records "must be examined for accuracy, completeness..."

This public record is not accurate for a number of reasons, including the fact it is showing a false driver history alleging a driver course in Palm Beach County which is totally false among other "errors" in this record.

https://www.collierclerk.com/faqs/faqs-continued
PUBLIC RECORDS REQUESTS
Is it possible to view or get copies of public/official records by making a public records request
Yes. It is the policy of the state of Florida that all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency in accordance with Florida Statute 119. Public records requests apply to all court records as provided in the court rule 2.420 Public Access to Judicial Branch Records. Also, Florida Statute FS 286.011 governs public access to public meetings.

Collier County Clerk of Courts: Public Records Policy (pdf)

Finally, it seems to me the Court Clerk, by posting a driver history -- which has nothing to do with an individual paying a traffic fine (and, such history by the way is false, as is the traffic ticket) -- is knowingly abusing his power and engaging in cyber-bullying, by misusing the new technology of the courts to permanently defame an individual.

I don't know what you're talking about -- I never heard of "24 hour hearings" before, and I never appeared in any "court" for a traffic case in Collier County. I also don't know who you mean by "them." What exactly are you writing about?

I received a bogus traffic ticket. I paid the bogus fine in a timely manner without requesting a court hearing.
I now have received via MuckRock here the court file.

By the way, as I recall: I paid by mail. And I do not recall ever receiving the receipts shown in this file. I recall making a phone call to find out if my payment was received. So "24 hour hearings" (which I never heard of ) and "traffic 'court' case" (in court) are completely irrelevant to the matter at hand, since I paid by check by mail for this non-criminal traffic infraction matter.

You wrote:

"The Courts in Collier County require the Clerk’s Office to run and provide to the Courts the DHSMV Driver’s Record for both 24 hour hearings and for trial for every traffic court case in Collier County and have done so for years so any issues should be addressed to them."

I did not have a "24 hour hearing" or a "trial" -- I paid a non-criminal traffic infraction by mail. So who does one address the concern? It seems to me the Collier County Court does not print out drive4r histories for drivers out of state who receive a non-criminal traffic infraction in Collier and like me, pay by mail.

Also, the pdf of PUblic Record procedures of Court Clerk DWight Brock, attached to court site, states that public records are supposed to be "accurate." Placing an unnecessary and not required "driver history" in the court file -- of someone who timely paid, by mail, a non-criminal traffic infraction, and never sought a hearing -- does not result in an "accurate" public record (especially when the driver history (in addition to the ticket itself) is bogus).

This 2-page driver history should be removed already, since you are a lawyer and you know, based on your statements on where it should appear (in "24 hour hearing" and "trial" files) it is not supposed to be here in this file since this file is neither a 24 hour hearing or a trial.

From: https://www.collierclerk.com/faqs/faqs-continued
Collier County Clerk of Courts: Public Records Policy (a pdf stating the court's public records should be "accurate")

Why has this bogus driver history -- a document you, a lawyer, claimed is not relevant to a timely payment by mail of a non-criminal traffic infraction (as you wrote the driver history is placed in the court file only if there is a "24 hour" hearing or a "trial" and neither circumstance applies to this file) still not been removed yet by you in response to this public records request?

I wrote to the Court Administrator Charles Rice about removing the bogus driver history from this bogus traffic ticket file. He wrote that he would look into it, and get back to me, but that was a month ago. See below.

Why is it that no one at Collier County Court is capable of maintaining accurate public record files?

Why is this Collier Court Administrator Charles Rice, Collier Court Clerk Dwight Brock, and Collier County Attorney for court public records Marni Scudari all engaging in misconduct, misfeasance and malfeasance? Is there some other way to describe their wrongful conduct shown here publicly? Is it a conspiracy? Of forgery? Because it's not just this court file. Isn't a course of conduct that is unlawful involving forgeries called racketeering? Is that a requirement for working for the Collier County Court, that you are willing to engage in misconduct, forgery, and racketeering? I would just like to know why the Rule of Law is never present in this court system. Just asking WHY.

---------- Forwarded message ----------
From: Rice, Charles <CRice@ca.cjis20.org>
Date: Mon, Oct 5, 2015 at 9:31 AM
Subject: RE: TO Charles Rice, Administrative Services Manager - Court Administration
To: Susan Alyn <susan.alyn@gmail.com>

We will look into this matter and respond back.

From: Susan Alyn [mailto:susan.alyn@gmail.com]
Sent: Saturday, October 03, 2015 9:51 AM
To: Rice, Charles
Subject: TO Charles Rice, Administrative Services Manager - Court Administration

To: Charles Rice
Administrative Services Manager
Court Administration
Collier County Government Complex
Phone: (239) 252-8800

charlesr@ca.cjis20.org

----------------------

Dear Charles Rice:

I found your contact information here:
http://www.ca.cjis20.org/home/collier/colldir.asp?Display=

There is a document in a court file that was placed there by
someone working for the court and appears in the file erroneously.

I timely paid a non-criminal traffic infraction by mail.

I did not ask for nor attend any "24 hour hearing" or any "trial."

I have been told by the Collier Clerk's office lawyer that is the only

circumstance under which a "Driver History" would appear in the file.

Yet, a "driver history" has been printed out by someone working for

the court, and placed in the court file. (And, I did not request such.)

I am writing to ask that you remove it from the court file. The contents of

this driver history document is erroneous, and defamatory to me.

Because I did not request a "24 hour hearing"

or a "trial" a driver history should not appear in any court file.

Please email to me that you have removed this driver history, or let me know if someone else

is in charge of removing it.

The 6-page court file is below, attached. The driver history is page 4 and page 5.

The case is as follows:

Style: STATE OF FLORIDA vs ALYN, SUSAN J
Uniform Case Number: 112008TR0562500001XX Filed: 10/24/2008
Clerks Case Number: 0856250TR Citation Number: 5925FHN
Court Type: TRAFFIC INFRACTION Disposition Judge:
Case Type: TRAFFIC INFRACTIONS Disposed: 10/27/2008

Thank you.

Sincerely,

Susan Alyn

susan.alyn@gmail.com
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As this public record file is not accurate, since it contains an irrelevant, bogus driver history in the file which Dwight Brock will not remove despite repeated written requests to him to do so, the final status is partially completed.

In addition, the FL Rules of Judicial Administration require a traffic ticket file to be retained for "60 days" according to its rules on page 160. This bogus court file has now been online for eight years, defaming me.

It is clear to me there is a lot of corruption on-going at Collier County Court, with the intent to harass and injure people.

I will continue to seek legal ways to stop this on-going and deliberate abuse.