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No license required

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

  1. Obi Steve

    Obi Steve Active Member

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  2. ReigningScorpios

    ReigningScorpios Member

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    Ok. Hang on.
    I've got what your looking for.
    Rulings where the Supreme Court is making sure it's clarifying the fact that the automobile is included in the Right to Travel. And in some of the cases they use my exact situation as an example of why it's included.
    They tell you exactly what ive been saying.
    Hopefully then we can get past the issue of wondering if I'm full of crp and into what this thread is SUPPOSED to be. Which is HOW to do it.
    As soon as i can post it. Im working on it.
     
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  3. ReigningScorpios

    ReigningScorpios Member

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  4. ReigningScorpios

    ReigningScorpios Member

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    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.”
    “Where a private statute exists of which the intent is regulation of commercial common carriers, the particular agency enforcing that private statute, shall not apply it by trickery and deceit, to persons who are not noticed by the statute as persons regulated and taxed, nor should it permit any party to do so in violation of a person’s right to stay out of compelled license/contract, when he is not a person subject to the statute, unless clearly within its words.” State v. Ebershart, 179 P 853, 246 P 2d 1011.

    “The statutory requirement that licenses be procured for motor vehicles used upon the highways is based on the servitude put on the highways by such use and the advantage which the improved highways may afford the business in which the motor vehicle is employed.” Patterson vs. Southern Ry. Co., 198 S.E. 364, 214 N.C. 38.

    “The privilege of using the streets and highways by the operation thereon of motor carriers for hire can be acquired only by permission or license from the state or its political subdivisions.” Black’s Law Dictionary, 6th Ed., p.920.

    Under current law, the Congress continues to base its definition of a motor vehicle on commercial use: “‘Motor vehicle’ means every description of carriage or other contrivance propelled or drawn by mechanical power and USED FOR COMMERCIAL PURPOSES on the highways in the transportation of passengers, passengers and property, or property or cargo;” Title 18, U.S.C. sec. 31.

    In the beginning, courts across the country also recognized that government’s power to license under commerce was limited to just that — commerce:

    “The right of a 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 his 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 purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will.” Thompson vs. Smith, 154 S.E. 579 at 583.

    “No statutory duty lies to apply for, or to possess a driver license for personal travel and transportation as defendant is not within the class of persons for whose benefit or protection the statute was enacted.” Routh v. Quinn, 20 Cal 2d 488.

    Courts also recognized that private travel is fundamental right: “The right to travel on the public highways is a constitutional right.” Teche Lines v. Danforth, Miss. 12 So 2d 784, 787.

    “The right to travel is part of the ‘liberty’ that a citizen cannot be deprived without due process of law.” Kent v.Dulles 357 U.S. 116; U.S. v. Laub 385 U.S. 475

    “The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived.” Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163.

    “Operation of a motor vehicle upon public streets and highways is not a mere privilege but is a right or liberty protected by the guarantees of Federal and State constitutions.” Adams v. City of Pocatello 416 P2d 46.

    “The right of a citizen to travel upon the public highways and to transport his property thereon, by horse-drawn carriage, wagon, or automobile is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty, and the pursuit of happiness.” Slusher v. Safety Coach Transit Co., 229 Ky 731, 17 SW2d 1012.

    “The claim and exercise of a constitutional Right cannot be converted into a crime.” Miller vs. U.S., 230 F. 486, 489.

    “The right to travel is part of the ‘liberty’ of which a citizen cannot be deprived without due process of law under the Fifth Amendment.” Kent v. Dulles, 357 U.S. 116 (1958).

    “Where activities or enjoyment, natural and often necessary to the well being of an American citizen, such as travel, are involved, we will construe narrowly all delegated powers that curtail or dilute them .. to repeat, we deal here with a constitutional right of the citizen,” Edwards v. California, 314 U.S. 160 (1941).

    “The individual may stand upon his constitutional rights as a Citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his door to an investigation, so far as it may tend to incriminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state. …He owes nothing to the public so long as he does not trespass upon their rights.” Hale v. Henkel, 201 U.S. 43 (1905)

    Ok , so there it is.
    I believe that should cover the proof. Unless of course nobody cares what the Supreme Court says, in which case,,, everybody here wants to be legal by ignoring the law...??..
    Idk, what do you call that ?
    Ignorant ignorance ??? Idk
    Unlawfull ??
    Embarrassed ??
    C'mon Chief, set a standard for the men.
    If anyone around here can do it, it's you.
     
  5. ReigningScorpios

    ReigningScorpios Member

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    Wyou.Well from what the judge told me, the plate should be stolen.
    One of his trick questions/ statements was , " But you have a plate on your vehicle ", at which I threw it back by saying " That's because none of you want to make it clear what we are supposed to do about it ".
    And also, " but you have a drivers license". I said, thats for when I'm working"..
    He again just grunted and wrote something down and said ok.
    Btw, you often comment that we need a license to drive. I dont argue that.
    But the only time im driving is when im on the clock. Employed to do so.
    Again, i dont argue that.
    I do however argue being pulled over so some guy can waste my time, sometimes even make me late and try to dig in my business asking WHERE ARE YOU GOING, WHERE HAVE YOU BEEN, HAVE YOU BEEN DRINKING?
    None of your business, none of your business and i dont drink.
    IT IS MY BUSINESS BECAUSE IM A COP. (I try so hard to not laugh at that but i always fail) "that doesn't make my life, your business. You are confused at your scope of work. Defending my rights when they are being violated,, in fact,, hold on one second. " (i have my phone in my hand and i dial 911,, " YES, IM HERE AT THE LAUNDRY MAT PARKING LOT ON ××××÷× AND ××÷÷= IM BEING HARASSED , MY RIGHTS ARE BEING VIOLATED AND HE HAS A GUN". i hang up and turn off my phone. The cop loudly exhales and stands there waiting. (this happened twice).
    Not even 5 minutes goes by and here comes a cop car. The cop walks up to my car looking at the cop standing there and is kind of confused when he says " whats going,, aawww sh!t". He takes the cop behind my car and talks to him and the only thing i can make out is " i don't want to have to write this up". Then the cop that pulled me over gets in his car and leaves, and the cop i called gives a half assed smile and says , "ok, you can go."
    Its still funny as hell today.
    I dont advise doing that, but i was having a couple bad days and just didnt want to submit to this guys power trip.
    I probly shouldnt have told that story but there it is.
    Im still laughing.
     
  6. satxron

    satxron Well-Known Member

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    I am still waiting for my answer. Do you have a license, insurance, and a registered motorcycle? If so, why? And Judges have agreed with you and found you not guilty because they have no authority to hear the case?

    Tort claims are found in common law where the tortfeasor is responsible to make the claimant whole. But the same judges that are paid by the county or state to hear criminal cases hear them too.

    Map out for us exactly what happens with a person with no tags, no insurance and no license on a traffic stop and later in the court room. Just that, what happens like 1. The police stop the car with no license plates and find the driver with no license and no insurance. 2. The car gets towed and the person gets 3 tickets. Go from there.
     
  7. VicVisionBulldog

    VicVisionBulldog VOG Police Chief

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    In Texas having a fake plate is a Class B Misdemeanor.

    Texas Transportation Code
    Sec. 504.945

    Wrong, Fictitious, Altered, or Obscured License Plate

    (a)A person commits an offense if the person attaches to or displays on a motor vehicle a license plate that:

    (1)is issued for a different motor vehicle;

    (2)is issued for the vehicle under any other motor vehicle law other than by the department;

    (3)is assigned for a registration period other than the registration period in effect;

    (4)is fictitious;

    (5)has blurring or reflective matter that significantly impairs the readability of the name of the state in which the vehicle is registered or the letters or numbers of the license plate number at any time;

    (6)has an attached illuminated device or sticker, decal, emblem, or other insignia that is not authorized by law and that interferes with the readability of the letters or numbers of the license plate number or the name of the state in which the vehicle is registered; or

    (7)has a coating, covering, protective substance, or other material that:

    (A)distorts angular visibility or detectability;

    (B)alters or obscures one-half or more of the name of the state in which the vehicle is registered; or

    (C)alters or obscures the letters or numbers of the license plate number or the color of the plate.

    (b)Except as provided by Subsection (e), an offense under Subsection (a) is a misdemeanor punishable by a fine of not more than $200, unless it is shown at the trial of the offense that the owner knowingly altered or made illegible the letters, numbers, and other identification marks, in which case the offense is a Class B misdemeanor.
    (c)Subsection (a)(7) may not be construed to apply to:

    (1)a trailer hitch installed on a vehicle in a normal or customary manner;

    (2)a transponder, as defined by Section 228.057 (Electronic Toll Collection), that is attached to a vehicle in the manner required by the issuing authority;

    (3)a wheelchair lift or wheelchair carrier that is attached to a vehicle in a normal or customary manner;

    (4)a trailer being towed by a vehicle; or

    (5)a bicycle or motorcycle rack that is attached to a vehicle in a normal or customary manner.

    (d)A court may dismiss a charge brought under Subsection (a)(3), (5), (6), or (7) if the defendant:

    (1)remedies the defect before the defendant’s first court appearance;

    (2)pays a fine not to exceed $10; and

    (3)shows that the vehicle was issued a plate by the department that was attached to the vehicle, establishing that the vehicle was registered for the period during which the offense was committed.

    (e)An offense under Subsection (a)(4) is a Class B misdemeanor.
     
  8. VicVisionBulldog

    VicVisionBulldog VOG Police Chief

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    Necessary to earn a living. Not go visit your brother. That's what I took from that.


    So what was your job that required you to drive? The reason you got and maintain a license?


    Those base line questions are more to judge a person and their honesty than anything else. You start a conversation to better help you judge the individual to know if they're on the level. Unless we believe you did something then maybe the questions will have a purpose. Say we're looking for a robbery vehicle and your car matches. You didn't do it but we don't know, so we ask some simple questions to figure things out. You know.... Police work.


    I'm going to call BS on this. We have radios you know. I've had more than one arse call the cops on me while working. I give it a couple minutes to process then advise dispatch that's my call and to dup it to my original. I'm not standing there letting you waste another officer's time. Sounds like you were in Mayberry.
     
  9. satxron

    satxron Well-Known Member

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    Again, help us out with this one.

    Map out for us exactly what happens with a person with no tags, no insurance and no license on a traffic stop and later in the court room. Just that, what happens like 1. The police stop the car with no license plates and find the driver with no license and no insurance. 2. The car gets towed and the person gets 3 tickets. Go from there.

    1st next thing is you have to the car out of impound. How do you do that? Go to a judge that has no power over you and demand he release your car? Go to the impound lot and demand they give you your car back?

    Do you go to the court and plead not guilty? Or, do you just not go as the court has no authority over your driver status?

    Do you appeal if you get convicted to a higher court?

    Map this out simply for us. The vehicle got towed and you got tickets for some of the above, what do you do because you surely are not giving anybody any money right?

    I am retired and not working so are you saying I am required to have a license, insurance, and up to date registration?
     
  10. ReigningScorpios

    ReigningScorpios Member

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    Im not BSing.. Twice even.
    Most towns seem like Mayberry compared to this one. I doubt it wouldve worked in any town around it. But it worked.
    Hella funny.
     
  11. VicVisionBulldog

    VicVisionBulldog VOG Police Chief

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    K. Maybe so.

    Now what about if your plate gets stolen? What would you do?

    And

    So what was your job that required you to drive? The reason you got and maintain a license?


    You are good at ignoring the questions I ask. What should I get from that?
     
    Last edited: Jul 7, 2021
  12. ReigningScorpios

    ReigningScorpios Member

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    Ok, give me time and i will be working on it, just please, if your one of these thats going to not believe me after i spend this time, then pretend i wrote it just start saying "that didnt happen" now and save everyone from another trip around this.
    I started this thread with the intent to inform "how" like you are asking.
    Not to keep trying to convince anyone of my word.
    You know, from the point AFTER what i went through and into explaining the details that caused the winning result.
    So give me some time.
    I will get this out of the way right now though. They didnt tow it.
     
  13. Motorbikerx

    Motorbikerx Well-Known Member

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    Really???
     
  14. Chattanooga_Mark

    Chattanooga_Mark Well-Known Member

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  15. ReigningScorpios

    ReigningScorpios Member

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    Damn i slept the day away.
    Well I don't really know anything about these people, but from what you just sent, I am wondering why one group of heavily armed people are bullying the other.
    It seems like if they were left alone they weren't causing trouble or harm to anyone. But to pull weapons on them with intimidation could definitely cause serious problems.
    Ya know, Carl Miller makes a very good point, that if you were to abide by the Law, the REAL ONE that the military says they are protecting from these people that try to steal our FREEDOM, (like statutes and codes), and you payed attention to exactly what The Second Amendment says, it is to keep and bear arms. It has ZERO stipulations to it. It is very "to the point". And as everyone SHOULD know, that was put there to protect us from THE GOVERNMENT. In other words, THE OTHER BULLYING GROUP, who already look at the people as the enemy.
    If you don't believe that then come here and spend a couple weeks. You'll be convinced i promise.
    Now im not saying everyone should have a gun and wave it around like some dumba$$. That would be irresponsible. But it doesnt say that THEY were doing that either, and that is all i know about it is what you sent.
    And again, if there is no broken contract or an injured party, THEN WHATS THE PROBLEM. They broke no law specified in THE LAW OF THE LAND.
    I have a question for you. FOR EVERYONE that reads this.
    Dont look it up on google and cheat your answer.
    Its a question that EVERY AMERICAN should know off the top of their head, because it comes from the other most important document for our country.
    Ready ?
    Without saying " independence ",
    What does the Declaration of Independence tell you to do as an American ?
    (What is it's purpose?)
    Feel free to put down how long it took you to get the answer and how you got it. Like was it off the top of your head.
    And then tell me what these guys did wrong to THE PEOPLE.
     

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