United States Code, TITLE 18 - CRIMES AND CRIMINAL PROCEDURE, PART I - CRIMES, CHAPTER 2 - AIRCRAFT AND MOTOR VEHICLES Sec. 31. Definitions: ''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; ''Used for commercial purposes'' means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit;...
I'm Richard, Parks Iverson (Rich). I'm a Californian and have been studying law for nearly 30 years. I am not an attorney. I can not nor will I provide "legal advice". I am a researcher and educator of law. I do not practice law. I believe that anyone can become competent in the understanding of the law. For the past 25 years my focus has been the study of traffic law and the use of a car, truck, van or motorcycle on the streets and highways for noncommercial travel purposes.
I want to thank Keith Broaders who happens to be a big fan of constitutionally secured rights, for inviting me to teach and share the information I've accumulated about this topic for the past 25 plus years.
The reason I began my study of law was due to being informed that one is not required to have a driver license to travel for noncommercial purposes. When I learned of this fact I became quite upset because I was never taught any such thing. No one I knew was aware of it either. Well that was a long time ago and I decided to share this information with people and have been doing so for well over 15 years.
That driving is a profession or occupation?
The driver license is issued to those who engage in a profession or occupation, that profession or occupation being a driver?
Only people who use the streets and highways for commercial or business purposes are required to have a driver license?
That a motor vehicle is a tool used in the profession or occupation of driving?
That no driver license is required for noncommercial travel purposes in a car, truck, van, or motorcycle?
The so-called “traffic stop” is an arrest?
The so-called “traffic stop” is a warrantless arrest?
That police, Highway Patrol officers, and Sheriff deputies make warrantless arrests for alleged infractions of the Vehicle Code?
That you’re in custody until the officer issues you the NOTICE TO APPEAR?
That infractions of the Vehicle Code are not crimes?
That police, Highway Patrol officers, and Sheriff deputies make warrantless arrests for non-criminal behavior?
That such arrests are illegal?
If you didn’t know all that, which by the way is true, then you’ve come to the right place. It’s my intent to share the information I’ve spent the last 25+ years accumulating relating to the Department of Motor Vehicles and what it is that government agency regulates.
“...traffic stops are technically ‘arrests’...” "Investigative Detentions", Spring 2010 POINT OF VIEW, ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE. p. 1
A traffic arrest occurs when an officer stops a vehicle after seeing the driver commit an infraction. ...the purpose of the stop is to enforce the law, not conduct an investigation. “Arrests”, Spring 2009, POINT OF VIEW, ALAMEDA COUNTY DISTRICT ATTORNEY’S OFFICE, p. 1
That's right, the so-called "traffic stop" is an arrest. People are being arrested when a peace officer, Highway Patrol officer, or Sheriff deputy pulls them over. In fact, the arrestee is in CUSTODY until the officer issues the NOTICE TO APPEAR and permits them to be on their way. See California Vehicle Code sections 40300, 40500, and 40504.
Feeling mislead or ripped off? Well you should because it's true. You, me, and everyone else has been lied to about what the DMV actually regulates and what driving and a motor vehicle actually are.
I'm confident you'll find the information contained in the publications below to be a valuable resource in your study of law related to the use of a car or other mechanical device.
The following publications are a consolidation of massive amounts of information on the various topics spanning over 25 years of legal research. I've downloaded and read over 10,000 court cases. You won't have to, however I urge and encourage the student or other interested party to do just that which you'll be able to do by visiting the links provided below. Create folders for your compilations of cases on whatever topics you deem important to you.
These publications are meant to be relatively brief yet contain unassailable evidence that can be used for your educational or court purposes.
For a donation of $10 a month or more, those interested in receiving court cases, interpretations of court cases, and other information regarding these various topics, will be receive them by email.