Hi Folks
The title says it al. I need an honest attorney to argue for me that traveling is a right not a privilege. If anyone here could put me in touch with said lawyer, I would appreciate it...
TIA
Acesfull
Sorry to break the news to you but thats not how its done and I am speaking from experience with the very issue.Originally Posted by acesfull
Only Belligerents Have Rights
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ONLY BELLIGERENTS HAVE RIGHTS
by Richard C. Donaldson and Alfred Adask
The individual Rights guaranteed by our Constitution can be compromised or ignored by our government. For example, in United States v. Johnson, 76 F. Supp. 538, 539 (D. Pa. 1947), Federal District Court Judge James Alger Fee ruled that,
"The privilege against self-incrimination is neither accorded to the passive resistant, nor to the person who is ignorant of his rights, nor to one indifferent thereto. It is a FIGHTING clause. It's benefits can be retained only by sustained COMBAT. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a BELLIGERENT claimant in person." McAlister vs. Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L.Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. . . . He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus." [Emphasis added.]
Notice the verdict's confrontational language: "fighting", "combat", and most surprising, "belligerent". Did you ever expect to ever read a Federal Court condemn citizens for being "passive" or "ignorant"? Did you ever expect to see a verdict that encouraged citizens to be "belligerent" IN COURT...?
Better go back and re-read that extraordinary verdict. And read it again. And commit it to memory, for it succinctly describes the essence of the American legal system.
Clearly, we must do SOMETHING, for as Sir Edmund Burke said,
"The only thing necessary for evil to triumph is for good men to do nothing."
But apathy ("doing nothing") isn't simply a function of cowardice or indifference; "apathy" is a synonym for "ignorance".
What is it -- apathy or ignorance? "I don't know and I don't care."
Ignorance makes the public more "manageable" in the courts and in confrontations with the government. Insofar as government naturally seeks to expand its powers at the expense of the citizen's Rights, government has a vested interest in the public's ignorance and consequent apathy. The interest in expanding its powers encourages the government to provide little, no, or even false, education on what our Rights should be.
If you are a product [victim] of the public school system then consider this, The Department of Education gets what it pays for. ...and you need to 'get yourself smart' -- the sooner the better! This is not a good time for 'dumb-ass'.
“[T]he enshrinement of constitutional rights necessarily takes certain policy choices off the table.” (Heller, 554 U.S., at ___, 128 S.Ct., at 2822.)
How long before "going liberal" replaces "going postal"?
So I should simply not bother even acknowledging their de facto jurisdiction over me. I have a decent brief prepared to send off to the kangaroo judge asking to dismiss for lack of jurisdiction...
Any addition comments and opinions are most welcome.
TIA
Well...you haven't given very many facts. Going into court hoping to win on an argument that your en-alienable right to travel was infringed, when travel rights are infringed all the time (border patrol, TSA), doesn't seem like a winning strategy. But if this was filed in the wrong court.....
9/11 Thermate experiments
Winston Churchhill on why the U.S. should have stayed OUT of World War I
"I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"
"We as a country have lost faith and confidence in freedom." -- Ron Paul
"It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
Could you explain more about your situation? Are you fighting a "driving without license" misdemeanor?
'We endorse the idea of voluntarism; self-responsibility: Family, friends, and churches to solve problems, rather than saying that some monolithic government is going to make you take care of yourself and be a better person. It's a preposterous notion: It never worked, it never will. The government can't make you a better person; it can't make you follow good habits.' - Ron Paul 1988
Awareness is the Root of Liberation Revolution is Action upon Revelation
'Resistance and Disobedience in Economic Activity is the Most Moral Human Action Possible' - SEK3
Flectere si nequeo superos, Acheronta movebo.
...the familiar ritual of institutional self-absolution...
...for protecting them, by mock trial, from punishment...
Yes
To what do you object? Clearly not the wheel tax. Just the tax that is a driver's license? Do you own a bike? Can you ride a bus?
I don't think the issue is whether you are able to travel or not. The issue is whether you have paid for the privilege of driving.
For the record, I think the state has a compelling interest in whether people drive or not. I don't want someone in denial about his vision or ability to drive running his car into my house. <---This has happened to neighbors often enough they have built concrete barriers on their lawns. Fortunately we are an older, low income area. No homeowners association to bother with.
Last edited by euphemia; 12-18-2014 at 07:18 PM.
#NashvilleStrong
“I’m a doctor. That’s a baby.”~~~Dr. Manny Sethi
Boogity-boogity.
Are you of the opinion that most people, if allowed to drive without a license, would run their car into your house? Is there an epidemic of this?
Last edited by phill4paul; 12-18-2014 at 07:26 PM.
Why, (they test you ones usually at 17/18 Y.O). I just simply want out of the contract with the DMV,, Ill keep my right to travel without a permission slip from the state.
The problem is that the lawyers , judges, etc are all part of the extortion upon the trained sheepel citizens that surrender their right for mere state privilege.
Google " Justice Tolman" right to travel v drivers license, plenty of interesting case law to read.
Regards
Not really much to go on. You talked about discovery and FOIA, but that's it.
If you want a serious and detailed answer, then you're going to have to put some effort into it.
Disrupt, Deny, Deflate. Read the RPF trolls' playbook here (post #3): http://www.ronpaulforums.com/showthr...eptive-members
If you copypasted this and filed it, you'll probably get a warning from the judge about frivolous motions:
http://www.lawfulpath.com/ref/DLbrief.shtml
LMAO
Clearly that state mandated license has saved the day where good old fashioned common sense has failed.
SMDH
'We endorse the idea of voluntarism; self-responsibility: Family, friends, and churches to solve problems, rather than saying that some monolithic government is going to make you take care of yourself and be a better person. It's a preposterous notion: It never worked, it never will. The government can't make you a better person; it can't make you follow good habits.' - Ron Paul 1988
Awareness is the Root of Liberation Revolution is Action upon Revelation
'Resistance and Disobedience in Economic Activity is the Most Moral Human Action Possible' - SEK3
Flectere si nequeo superos, Acheronta movebo.
...the familiar ritual of institutional self-absolution...
...for protecting them, by mock trial, from punishment...
Most is irrelevant. One is more than enough, and smashing our truck into the ditch was more than enough. I also think I should not be required to assume all the risk should someone neglect their eye care and drive when they need corrective lenses, or when they have diminished ability to drive. I would not want to be walking along on a sidewalk when someone with dementia forgets which is the gas and which is the brake. That scenario has happened other places.
The state has a compelling interest, and considering a driver's license is considered a valid ID, I don't think everyone should be allowed to have one.
#NashvilleStrong
“I’m a doctor. That’s a baby.”~~~Dr. Manny Sethi
A little off topic, but a few years ago I called the BMV and inquired about a temporary license. The cunny on the other end adamantly exclaimed, "We don't issue temporary licenses. We issue temporary permits!"
There really is not anything fantastic about the story, expect the fantastical people who are so enamored with themselves to think they are personally letting you do something. Using the word "permit" in the case of the driver license, concealed carry, etc. is double speak extraordinaire.
Disrupt, Deny, Deflate. Read the RPF trolls' playbook here (post #3): http://www.ronpaulforums.com/showthr...eptive-members
Even if one were to concede the state did have such a compelling interest due to a responsibility to protect citizens against a clear and present danger, said interest would not apply to a person who has not demonstrated himself to be a danger. In actual practice, licensing is used almost exclusively for two purposes - tracking the population, and as leverage for extortion.
I often bristle at the mandate to carry auto insurance, as I drive infrequently and very carefully and have never been in an accident in my life. Yet if I drive without having insurance my license would be suspended. Where the state's compelling interest is in forcing me into a transaction with a private financial institution to purchase a product I have no need for and do not want at prices which are absolutely absurd relative to the actual risk of me ever having to make a claim against it, I could not imagine. Yet my right to travel and to enjoy the use of my own property and to be minimally functional in a society where being able to drive is all but mandatory for basic survival is made contingent upon purchasing said unwanted product, due to the threat of license suspension alone.
I've seen more than enough people who have driven their cars into people houses and they have a state issued license. Seems to me like the whole government permission to drive argument falls apart on those facts.
Dishonest money makes for dishonest people.
Andrew Napolitano, John Stossel. FOX News Liberty Infiltrators.
NOBP ≠ ABODr. Paul is living rent-free in the minds of the neocons, and for a fiscal conservative, free rent is always a good thing
You might try http://marcstevens.net
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).
It's actually a written copy.. And I feel it has merit... I am not driving for profit, I am simply traveling via automobile.
I have not done business with the state in 20 years.. I did not violate any traffic laws, just a lucky stop by the leo... He randomly ran the plates, the automobile is registered to my lady friend, Hence his suspicion and me getting cited for driving without a valid license...
Regards
http://www.freedomsradio.com/archives.php
http://www.yourremedyisinthelaw.com/
Might call in on the Wednesday night conference and ask.
Pfizer Macht Frei!
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The Income Tax Is An Excise, And Excise Taxes Are Privilege Taxes
The Federalist Papers, No. 15:
Except as to the rule of appointment, the United States have an indefinite discretion to make requisitions for men and money; but they have no authority to raise either by regulations extending to the individual citizens of America.
Then what's to stop a 9yo from taking a joy ride in the car?
#NashvilleStrong
“I’m a doctor. That’s a baby.”~~~Dr. Manny Sethi
Down on the farm if you could reach the pedals you learned to drive.
Aaaannnndd.....welcome to Obamacare - the next logical step!
Diversity finds unity in the message of freedom.
Dilige et quod vis fac. ~ Saint Augustine
"I'll believe in good cops when they start turning bad cops in."
I agree. As long as we have laws, they at least should be laws that protect our right to life. Having at least a bit of a standard for people who want to drive is acceptable to me.
Diversity finds unity in the message of freedom.
Dilige et quod vis fac. ~ Saint Augustine
"I'll believe in good cops when they start turning bad cops in."
Have you gotten any information from the ACLU? I'd be curious to know what the history is on drivers who opt out of drivers' licenses. Any successes?
Diversity finds unity in the message of freedom.
Dilige et quod vis fac. ~ Saint Augustine
"I'll believe in good cops when they start turning bad cops in."
Yeah, now what is the "privilege" that they'll take away? Your breathing license?
No license required. Only a permit based on respirations per minute calculated via at rest and under stress. Simple form used to calculate how often you are at rest. Side note if you are at rest too much there will be an up-charge/penalty.
Well you asked for an honest lawyer. An honest lawyer will tell you that he most likely has no experience with what it is you are trying to do and can see no way possible he can win your case. A dishonest lawyer would say "Sure! I'll help you." take a hefty retainer up front and not really do anything. What you really need to do is to pursue your case pro se and get advice from lawyers on the side on what to do. Let them look over your filing, Shepardize the case law you're using to make sure it's still applicable, give you advice on what to say, but let you go in court and represent yourself. I've seen pro se plaintiffs do a bang up job sometimes.
9/11 Thermate experiments
Winston Churchhill on why the U.S. should have stayed OUT of World War I
"I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"
"We as a country have lost faith and confidence in freedom." -- Ron Paul
"It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
keywords:
vicarious parental liability
family car doctrine
negligent entrustment
'We endorse the idea of voluntarism; self-responsibility: Family, friends, and churches to solve problems, rather than saying that some monolithic government is going to make you take care of yourself and be a better person. It's a preposterous notion: It never worked, it never will. The government can't make you a better person; it can't make you follow good habits.' - Ron Paul 1988
Awareness is the Root of Liberation Revolution is Action upon Revelation
'Resistance and Disobedience in Economic Activity is the Most Moral Human Action Possible' - SEK3
Flectere si nequeo superos, Acheronta movebo.
...the familiar ritual of institutional self-absolution...
...for protecting them, by mock trial, from punishment...
I don't think it is possible to successfully argue and win in court that driving an automobile and the need for a license to do so is not necessary.
That would be like the government allowing a tax protester to win in court.
This great country demands the undisputed cooperation and support from citizens and requires that they remain united and take responsibility for their actions by always obeying all the laws and showing respect to those that are burdened with the position of making, interrupting, or enforcing the laws that keep you safe and allow you to pursue only what great government can provide.
How did he come to stop you? What was lucky about the stop? Did he tow the car after finding out you don't have a license? Did you have a recently expired license or have you not had a license in a long time?
What are you trying to specifically discovery in your discovery of the court? What information do you seek in your FOIA?
Disrupt, Deny, Deflate. Read the RPF trolls' playbook here (post #3): http://www.ronpaulforums.com/showthr...eptive-members
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