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Discussion in 'Off Topic' started by ReigningScorpios, Jun 27, 2021.

  1. VicVisionBulldog

    VicVisionBulldog VOG Police Chief Staff Member Moderator

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    So now I'm even more confused. So you've never actually followed your suggestion and both cases were thrown out more for time than cause?

    Seems like that first one you said what got said to say but that wasn't really the end of it that day and she hit you with a FTA. Sounds like she was being cute and just causing you issue because you were being annoying to the court. I don't think that right of her if true. But I obviously an working with little to make that guess.
     
  2. VicVisionBulldog

    VicVisionBulldog VOG Police Chief Staff Member Moderator

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    Do you accept the authority of a city cop?
     
  3. ReigningScorpios

    ReigningScorpios Member

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    First off, thank you for your "tone", I greatly appreciate it and the fact that you have your feet on the ground. Thank you.
    So in the case you mention, "y regulate the operation of motor vehicles on its highways by ", yes he would lose. The CAN regulate a motor vehicle. But a motor vehicle must be accumulating a profit.
    The words of a court are EXTREMELY important and they don't usually coincide with the common definition.
    Here , I'll show you.
    I will use Blacks Law Dictionary. And I'll point out the key words of each definition.

    TRAFFIC, 1. Commerce, trade; the sale or exchange of such things as merchandise. (COMMERCE)

    COMMERCE, 1. The exchange of goods and services.
    (We saw already in the USC that commercial purposes were for a fare, fee, profit. I.E. Business

    VEHICLE, 1. An instrument of transportation. (TRANSPORTATION)

    TRANSPORTATION, 1. The movement of goods or persons from one place to another by a carrier. (CARRIER)

    CARRIER, 1. An individual or organization that contracts to transport passengers or goods for a fee. (FOR A FEE) also (CONTRA TS)

    PASSENGER, 1. A person or persons paying to be transported from one place to another.
    (TRANSPORT
    (as opposed to a guest)

    DRIVER, 1. One employed in conducting a coach,, (EMPLOYED)

    As you can see, they all bring you right back to business. A company vehicle. Profit.
    It's the abuse of the road for profit and the liability of The People, who are the owners of the road, that gets the business regulated by the goverment that The People put in place.
    The slave cant punish the master.
    If you own a business, one of your employees cant have you fired for doing doughnuts in the parking lot.
    As far as California, the Constitution controls ALL OF AMERICA.
     
  4. IndyVictory

    IndyVictory Well-Known Member

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    Local can restrict what is not restricted by state, state can restrict what is not restricted by federal. While it's true that constitution is the law of the land as you say, it and all federal laws are often vague intentionally. It's up to states to further refine laws and regulations and the local authority below them to do the same.

    Ultimately you are breaking the law at one of those levels and the massive protection you enjoy as a citizen of California will not fly elsewhere. Judge in another state would laugh you out of the court.
     
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  5. VicVisionBulldog

    VicVisionBulldog VOG Police Chief Staff Member Moderator

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    And I yours.
     
  6. ReigningScorpios

    ReigningScorpios Member

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    My suggestion if im understanding you correctly is what I followed. The judge (their not really a judge at this point, more like the judge of child support, like a commisioner)
    Had committed treason by denying the Constitution. Not cute at all unless your cute was another word in which you hit the nail on the head. No she went on to make another court date which was her telling the clerk " in a month and a half" and then saying "a month" which isn't specific at all. This was on the 6th. The 6th of the next month landed on a thursday. So the week before that I called on friday ( not realising it was a holiday) so i went to the website for the calendar and found my name on at least 5 court cases, none of which were Traffic. Monday I was busy working,(the holiday) tuesday I couldnt get a date from the clerk and Wednesday i was told they held it on tuesday. I told them they cant tell me court is in a month and then do it before the month. She said it's been 4 weeks. I said i dont care, 4 weeks isnt a month. The 6th to the 6th is a month especially when you arent notifying me of anything. But of course they dont care. But I noticed something. They had to cheat.
    I studied real hard for the next one.
     
  7. ReigningScorpios

    ReigningScorpios Member

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    I believe that is backwards.
    To start with the Supreme Law of the Land is pretty self explanatory.
    Let me try it this way.
    For the State to arbitrarily and erroneously convert a right into a privilege and issue a license and a fee for it, we would go to " Murdock v. Pennsylvania" that says no State may convert a secured right into a privilege and issue a license and a fee for it.
    AND IF THEY DO,
    "Shuttlesworth v. Bermingham Alabama" says that you can ignore the license and engage in the right with impunity.
    Just those alone give you immunity. The perfect case for willfulness.
    You can't possibly be commiting a crime when the Constitution and the Supreme Court rulings say it's ok. And since the whole thing is being recorded, the judge has to be very careful of his actions because an appeal to a higher court will cost him his job.
     

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  8. VicVisionBulldog

    VicVisionBulldog VOG Police Chief Staff Member Moderator

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    But where are you given the right to a vehicle?

    The right to freely travel and owning/operating a vehicle is very different.
     
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  9. KeepRidin!

    KeepRidin! Well-Known Member

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    [​IMG]
     
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  10. K1ll3m@LL

    [email protected] Well-Known Member

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    Haha I hate people more and more everyday. This country well really this world is becoming a huge joke.
     
  11. ReigningScorpios

    ReigningScorpios Member

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    Thompson v.Smith, 154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135 “The right of the Citizen to travel upon the public highways and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right, in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of life and business.” –

    Thompson vs. Smith, supra.; Teche Lines vs. Danforth, Miss., 12 S.2d 784 “… the right of the citizen to drive on a public street with freedom from police interference… is a fundamental constitutional right” -White, 97 Cal.App.3d.141, 158 Cal.Rptr. 562, 566-67 (1979) “citizens have a right to drive upon the public streets of the District of Columbia or any other city absent a constitutionally sound reason for limiting their access.”

    Caneisha Mills v. D.C. 2009 “The use of the automobile as a necessary adjunct to the earning of a livelihood in modern life requires us in the interest of realism to conclude that the RIGHT to use an automobile on the public highways partakes of the nature of a liberty within the meaning of the Constitutional guarantees. . .”

    Berberian v. Lussier (1958) 139 A2d 869, 872, See also: Schecter v. Killingsworth, 380 P.2d 136, 140; 93 Ariz. 273 (1963). “The right to operate a motor vehicle [an automobile] upon the public streets and highways is not a mere privilege. It is a right of liberty, the enjoyment of which is protected by the guarantees of the federal and state constitutions.”

    Adams v. City of Pocatello, 416 P.2d 46, 48; 91 Idaho 99 (1966). “A traveler has an equal right to employ an automobile as a means of transportation and to occupy the public highways with other vehicles in common use.”

    Campbell v. Walker, 78 Atl. 601, 603, 2 Boyce (Del.) 41. “The owner of an automobile has the same right as the owner of other vehicles to use the highway,* * * A traveler on foot has the same right to the use of the public highways as an automobile or any other vehicle.”

    Simeone v. Lindsay, 65 Atl. 778, 779; Hannigan v. Wright, 63 Atl. 234, 236. “The RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts.” People v. Horton 14 Cal. App. 3rd 667 (1971) “The right to make use of an automobile as a vehicle of travel long the highways of the state, is no longer an open question. The owners thereof have the same rights in the roads and streets as the drivers of horses or those riding a bicycle or traveling in some other vehicle.”

    House v. Cramer, 112 N.W. 3; 134 Iowa 374; Farnsworth v. Tampa Electric Co. 57 So. 233, 237, 62 Fla. 166. “The automobile may be used with safety to others users of the highway, and in its proper use upon the highways there is an equal right with the users of other vehicles properly upon the highways. The law recognizes such right of use upon general principles.

    Brinkman v Pacholike, 84 N.E. 762, 764, 41 Ind. App. 662, 666. “The law does not denounce motor carriages, as such, on public ways. They have an equal right with other vehicles in common use to occupy the streets and roads. It is improper to say that the driver of the horse has rights in the roads superior to the driver of the automobile. Both have the right to use the easement.”

    Indiana Springs Co. v. Brown, 165 Ind. 465, 468. U.S. Supreme Court says No License Necessary To Drive Automobile On Public Highways/Streets No License Is Necessary Copy and Share Freely YHVH.name 2 2 “A highway is a public way open and free to any one who has occasion to pass along it on foot or with any kind of vehicle.” Schlesinger v. City of Atlanta, 129 S.E. 861, 867, 161 Ga. 148, 159;
     
  12. VicVisionBulldog

    VicVisionBulldog VOG Police Chief Staff Member Moderator

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    You did a good amount of research there. I read what you added but I am not going to read each case.

    As it is I just do not have an issue with requiring people to have a DL or register their vehicles. I think it is for the greater good that people are taught how to drive and learn the laws as well as the rules of the road. So many now days do not do that and it really annoys me. Like staying in the passing lane....when not passing. I do not believe it would be good for us to let any and all to drive freely without some requirements being met.

    I could go for one time registration.
     
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  13. ReigningScorpios

    ReigningScorpios Member

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    I understand where your coming from but the average person (i dont like that word) is not going to want to purchase a car and risk wrecking it, so they are going to learn how to control it by a parent, friend or school.
    The un average person, isnt going to be able to afford the next car AND they arent going to abide by any law in place anyway.
    So now we're down to punishing/restricting everybody because of a few peoples actions. Which is how most of the unconstitutional laws are made.
    And you just cant do that without violating your oath of office which is to defend the Constitution and to defend our Civil Rights.
    I have a whole stack of these cans, and they're full of worms that I'm trying not to touch because , even though they are factual, with proof, they could easily side rail this thread.
    But the extent of corruption against the American People through the court system is ridiculous. And this is just for perspective reasons of taking someone to court because of "what COULD HAPPEN". (IE there has to be an injured party)
    But an example of how dirty would be a well known one like the fact that the attorneys on both sides AND the judge, work for the same BAR. That just opens the door to corruption.
    Or the fact that you must have a license to practice law. Ok now I'm a State Certified Journeyman Wireman. I have to go down every 3 years and take that 4 hour test for the State. If this test wasnt given by the State but say, my union put on the test. Dont you think that would be kinda fishy? Especially for the electricians that arent union.
    This test is done by the Department of Industrial Relations.
    This is the same place as say a Notary would go.
    But if call them and ask if they give licenses to practice law, they will say NO. Ask the same of the BAR, they will say NO.
    I see a problem there.
    And even if the BAR said"well, something of the sort" , is that a license issued by the State? NO.
    Case dismissed for want of prosecution.
    Or how about, in order to take someone to court, they must be served by a 3rd party.
    A ticket is a summons to court. It technically can't be served by the officer who is seeking to take the person to court now can it?
    It is also a "writ of attainder" ( may have spelled that wrong) But those Writs are also a violation of the Constitution.
    The fact that the judge gets a percentage of the profit made by each case,,, and on and on and on.
    By the way, what is the "British Accredited Registry,, BAR" doing in America anyway?
    Just food for thought.


    "..Based upon the fundamental ground that the sovereign state has the plenary control of the streets and highways in the exercise of its police power (see police power, infra.), may absolutely prohibit the use of the streets as a place for the prosecution of a private business for gain. They all recognize the fundamental distinction between the ordinary Right of the Citizen to use the streets in the usual way and the use of the streets as a place of business or a main instrumentality of business for private gain. The former is a common Right, the latter is an extraordinary use. As to the former the legislative power is confined to regulation, as to the latter it is plenary and extends even to absolute prohibition. Since the use of the streets by a common carrier in the prosecution of its business as such is not a right but a mere license of privilege." Hadfield vs. Lundin, 98 Wash 657l, 168, p.516
    "Personal liberty largely consists of the Right of locomotion to go where and when one pleases only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horsedrawn carriage, wagon, or automobile, is not a mere privilege which may be permitted
    or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one
    may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's Rights, he will be
    protected, not only in his person, but in his safe conduct." [emphasis added] II
    Am.Jur. (1st) Constitutional Law, Sect.329, p.113
     
  14. ReigningScorpios

    ReigningScorpios Member

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    Im curious, do you feel the walls closing in?
    Are you at least realizing that the Supreme Court recognizes the difference between the streets being used by the People, and abused by the busines. So this is what gives them the ground to REGULATE THE BUSINESS, but not the People ?
     
  15. VicVisionBulldog

    VicVisionBulldog VOG Police Chief Staff Member Moderator

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    I wish we could trust that people would do things the right way but in my experience many just don't. We have a ton of illegals here that buy vehs from POS lots that require nothing but the down payment and weekly payments. Or they buy a veh cash and never register it. It is not uncommon here to get hit and have the other party run off because they have no DL or insurance.....then when we get there it turns out the veh was never registered when sold. It can really be a mess. I advise everyone down here to carry uninsured/under insured coverage on their auto policy.

    I wish I could say this only happened every once and a while but it doesn't. It is a all day everyday kinda thing.

    Then even those that do get their DL seem to hardly learn the actual laws and learn to drive proper. You would not believe how often we get in arguments with people that think they know something they don't. Easy stuff like right of way from a private drive.
     
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