Driver Licensing vs. Right to TravelAuthor Unknown

http://freedomfromgovernment.us/

Right to travel, Kent v, Dulles 357 US 116 125 1958.

The following argument has been used in at least three states (Pennsylvania, Ohio, and West Virginia) as a legal brief to support a demand for dismissal of charges of “driving without a license.” It is the argument that was the reason for the charges to be dropped, or for a “win” in court against the argument that free people can have their right to travel regulated by their servants. The forgotten legal maxim is that free people have a right to travel on the roads which are provided by their servants for that purpose, using ordinary transportation of the day. Licensing cannot be required of free people, because taking on the restrictions of a license requires the surrender of a right. The driver’s license can be required of people who use the highways for trade, commerce, or hire; that is, if they earn their living on the road, and if they use extraordinary machines on the roads. If you are not using the highways for profit, you cannot be required to have a driver’s license.

 

BRIEF IN SUPPORT OF NOTICE FOR DISMISSAL FOR LACK OF JURISDICTION

NOW, comes the Accused, appearing specially and not generally or voluntarily, but under threat of arrest if he failed to do so, with this “BRIEF IN SUPPORT OF NOTICE FOR DISMISSAL FOR LACK OF JURISDICTION,” stating as follows:

ARGUMENT

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Pulled over today with no license, license plate, or registrationSeptember 16, 2015 A CHP officer came up behind me today on 680N and turned his lights on, because I don’t have a plate, I knew he didn’t have a warrant.

I know I didn’t commit any Crime, so if I pulled over, it would be considered an “Arrest by Consent”. I continued to my exit, about 3/4 of a mile. On the exit the officer said “Pull over right here” through his loud speaker, I ignored him and continued to the light, turned my blinker, and turned. He repeated “pull over right now”, I continued on, and took a right and pulled into a church parking lot.

California highway patrol gets it’s authority from the people!

The officer came to my passenger window, I immediately asked “Am I under arrest?”, he said “No”, I said, “So I’m free to go?”, he said “no”, I said “So I’m under arrest”, this time he said “yes”.

I told him that I did not consent to this arrest, and asked him if he had a warrant. He said no, and asked for my drivers license. I handed him my notarized secured party declaration, a copy of the bill of sale to the truck, and my proof of insurance. He went back to his car for about 5 minutes.

A sergeant showed up and took over. I asked him if I was arrested and he said “no”. I again said “So I can leave?” he said “no, you’re detained”. He started talking about arresting me and towing the truck and I asked under what authority. I told him I was on private property and I have not committed a crime. He agreed, but was playing tough guy.

He started asking me what was going on with my license, asked if I was ever licensed in California, and why the truck wasn’t registered. I explained all of my info, we read through the case law and cvc together, and both officers admitted that they were fascinated by this. Turns out they were anti-obama, anti-health care, and ‘tea partiers’ (who knows what type) but either way we made a connection.

I repeated that I have conviction and respect for the Constitution, and that I understand the codes and definitions. I reminded the officers that ALL ROADS in the United States have been deemed “channels of Interstate commerce” by the Supreme Court, and because of that, local and State laws are trumped by Federal Laws, and that in the Federal Laws a “Motor Vehicle” was a “Commercial Vehicle”…we were waiting for almost 30 minutes while they waited for word from their supervisors.

Eventually, they hand me a citation with “none” marked in the DL location, and “none” in the License Plate location. I asked him if I was required to sign it, and he said “yes, otherwise we have to take you to jail.”

This now made the signature “under duress”. I wrote “under duress” and signed my name next to the ticket. This is where I was surprised, the Officer said “hey, we never read you your Miranda rights, so anything we use against you in court is not admissible.” Im not sure if this is true, but I was intrigued. I have written “refused for fraud” across the original ticket, and sent it to the Court and the CHP with the letter below attached. I have done this in the past, and never heard another word, I had wondered if there were any warrants, apparently not!

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NOTICE and DEMAND ATTN: Certified Mail 7009 2820 0003 2274 8185 California Highway Patrol Golden Gate DivisionOfficer B. Knudsen DUBLIN (390)4999 Gleason Road Dublin, CA 94568-3310

CC: Certified Mail 7009 2820 0003 2274 8192JUDICIAL COUNCIL OF CALIFORNIA, THEAlso Traded as ALAMEDA COUNTY SUPERIOR COURT5672 Stoneridge DrivePleasanton, CA 94588-8559

RE: CALIFORNIA HIGHWAY PATROL Violation Number: 60435 LJ

This notice to appear was signed UNDER DURESS as evidenced by the original citation in possession of, or submitted by Officer B. Knudsen. Because this notice to appear was signed UNDER DURESS; 1) Statements made therein shall not be considered admissible evidence, 2) As a party to this action, I hereby void this contract and notice to appear, and 3) Any perceived consent or promise to appear is hereby withdrawn. If you, or any Officer of the court or Officer of the CALIFORNIA HIGHWAY PATROL disagrees with the facts or statements stated above, you must refute those items point by point within 10 days of receipt of this Notice, via sworn affidavit, under your full commercial liability, signing under penalty of perjury that the facts contained therein are true, correct, complete and not misleading. Mere declarations are an insufficient response, as declarations permit lying by omission and hearsay, which no honorable draft may contain. If an extension of time is needed to properly answer, please request it in writing. Failure to respond will be deemed agreement with the facts stated above and an inability to prove your claim.

_____________________________________Non resident, non licensed and non registered pursuant to CVC 4, 17459, 17460 See: Edwards v. California, 314 US 160 (1941), Thompson v. Smith, 154 SE 579., Hertado v. California, 110 US 516 (Enclosed) Copy of Notice to Appear

CHP citation duress notice refusal for cause refused summons ticket