The right to travel is a God given right and traffic infractions are not crimes. You cannot be lawfully arrested or detained for violating vehicle codes/felonies. If the cop doesn't read you your Miranda rights you're being unlawfully detained. Individuals accused of a crime are entitled to a trial by jury and an attorney provided by the state.
Non Commerical Vehicle
Commercial Vehicle
In California before 1969 people could only be pulled over if the law enforcement officer had reason to believe that a crime had been or was probably about to be committed. All crimes were classified as either misdemeanors or felonies and everyone arrested as the result of a traffic stop was entitled to a trial by jury and a legal defense provided for by the state. Prosecuting someone for minor violations of the vehicle code was not profitable so the state created infractions where people could be prosecuted without the state having to provide for a jury trail or legal defense.
Issuing traffic citations for non-criminal behavior has become a financial bonanza for courts/lawyers/judges/corporate policy officers, etc. Not to mention the obvious benefit for whomever recieves that money.
The first step in solving a problem is recognizing there is one. Try the following links for more.
http://section520.org/rights.html http://section520.org/car.html
http://section520.org/points.html
Replies
While it all may be technically correct they always find something to justify their actions the original term is still valid HIGHWAYMEN
It is not private gain for you to convey yourself, family, friends, guests, etc., from one place to another if you are not engaged in getting private gain from use of the road or highway. The courts have ruled on this for well over a hundred years that a man or woman may move their belongings and person on the roads without getting permission, licenses, permits, etc., from governing authorities. The only restriction to this is traffic, commercial activity by using the roads for profit.
Drivers, operators, passengers are all terms that describe the engagement of traffic or commerce on the roads. Asking government for licenses, permits, etc., for liberties you already possess only subordinates and negates your liberty. Thus, the traffic stop.
You may possess a DL and still not be in traffic, thus not under the code, if you so state. It's a matter of jurisdiction.
The evidence is in the law, Thousands of pages of it in federal and state law.
PS. I would like for others to comment on their experience or knowledge of, or with, the law and how they have engaged police with it. Police are typically ignorant of what they are supposed to do with law, thus the lawsuit comes into play. We must be willing to sue police, both personally and professionally, when they steal our liberty. It is possible over and exceeding any bond they have. Also, it may be to the advantage of Liberty to engage elected officials to have all police insure themselves versus the public. Insurance companies would probably do a better job of weeding out the lawless.
I agree, Dr's don't have the tax payers pay for their malpractice insurance, and Cops should insure them selves for the liability they alone create for the tax payers in their performance of their jobs.
If the tax payers are demanded on them to pay for auto insurance, and Doctors pay for their own liability insurance, and all professions do the same thing, then why are cops a privileged class above the rest of us? Does your Dr. have insurance to cover his errors? He/she must by law do so, or loose their license, same thing should apply to cops, it's a matter of equality. Lawyers have legal malpractice insurance, and if they don't, find another lawyer, or better yet don't hire one, because the prosecutor, the Judge, and your attorney are all members of a BAR association, meaning they are all on the same team against you. Demand a Jury trial, accept nothing less. It is your right to do so.
We are burdened enough with the costs of law enforcement, and if they pose a risk to the public they are sworn to protect, then we can and rightly so require they pay for their own perfomance bond.
If you are stopped by a cop, and they ask for your ID and registration and proof of insurance, shut up and only present the documents the cops asks for and say not one word more. Before the cop leaves, ask for his business card, it will have his badge no# which is his public safety training number, basically his license to be a cop, and ask for his/her surety bond, and watch what happens carefully, it's even better if you video record his/her reaction, you might need it later in court.
It's time to remind our servants who they really work for, they tend to believe they work for the legal fiction called the State, well now, I guess is they have forgotten WE the People ARE THE STATE, and no matter how they like to twist it, they are our employees and we have the authority to remind them of who we are as their employers, we need to disabuse them of the idea of the State as their employer. We OWN this Country, or at least we used to before the Government whored itself out along with our public lands which they are plundering from us.
The DMV's across this country have been getting away with "granting" a commercial drivers license for many decades now because no one ever challenges them on a non commercial license, but this might all end up being fruitless once illegals are granted their licenses without proof of citizenship, then they become a defacto licensed driver and therefore a privileged class of citizens without being a citizen, and then the law suits will surely hit the fan. This amnesty plan has all the earmarks of an amateur administration in the Whitehouse.
"This amnesty plan has all the earmarks of an amateur administration in the Whitehouse."
If only that were true Eric,
Actually if you look closely at their Bible, "Rules for Radicals", you'll see that they're not incompetent, they are Alinski-ites. All of them. And they are masters of delusion and illusion. They are, for lack of a better word, "The Enemy Within".
We are duty bound to stop these people at all cost by our own allegiance to the constitutions under which we operate if for no other reason. If one has ever taken the Oath to defend the Constitution, etc., as a member of the Military, then the duty becomes even more poignant. You are sworn to disobey an unlawful order. Any unlawful order.
To be succinct Mike,
This is all been said or done here. Where you been? You are of course absolutely correct and many of us have taken steps to secure and exercise some of these rights. I myself have written some articles on the subject which you might want to take a look at. Also for general viewing there's more.
Thanks for the great reply.
The resounding tone of Liberty must constantly be strummed in the 'same old places' for encouragement, & more and deeper understanding amongst ourselves, and in new places where many have never heard the song of true Liberty before. Regardless of where we cry aloud, we must constantly beat the drum of truth so others can hear and we can be reminded.
I have not participated on this forum before today, but I am glad to know the discussion is taking place, and you and others have videos, etc., that help further explain for all our understanding, edification and Liberty. The experience and know how of others is valuable knowledge.
Thanks for replying and the links. Keep spreading Liberty!
yeah, is there anybody in southeast florida thats having alot of trouble with free travel, would anybody like to help fix the problem?
If an officer can't legally pull you over, how does he/she cite us for the infraction?
And you can thank The Civil Rights Act of 1964 for the "Civil" Lawyers.