Freedom of Movement - Right to Travel
"Highways are for the use of the traveling public, and all have the right to use them in a reasonable and proper manner; the use thereof is an inalienable right of every citizen." - Escobedo v. State 35 C2d 870 in 8 Cal Jur 3d p.27
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 liberty within the meaning of the Constitutional guarantees.
"Further, the Right to TRAVEL by private conveyance for private purposes upon the Common way can NOT BE INFRINGED. No license or permission is required for TRAVEL when such TRAVEL IS NOT for the purpose of [COMMERCIAL] PROFIT OR GAIN on the open highways operating under license IN COMMERCE. "The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government." - SHAPIRO vs. THOMSON, 394 U. S. 618 April 21, 1969.
"The word 'operator' shall not include any person who
solely transports his own property and who transports no persons or property for hire or compensation." Statutes at Large California Chapter 412 p.833 "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." - Pontius v. McClean 113 CA 452
18 USC 31 (a)(6)
The term “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.
The Following is a bit of experience talking;
Ici Pickler says;
"i have been pulled over many times myself and most times they let me pull away in my car w/out plates. there was something you had said to someone in this thread (cant find it now) an assertive way when they came down on you and i guess in my own way i was tempting to address her and you at the same time. this statement is for entertainment only: when i get a ticket, immediately i write across offer to contract denied, put a stamp on the back w my autograph wrote over the paper and stamp and mail it back. on or about six months later it is disposed of by walk of the da. whatever that means. im not part of that club. drawing my own conclusions, they cant take from you what you dont participate in. and this post may get deleted. time will tell."
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