SIMPLE DRIVING OR TRANSPORTATION CODE OFFENSE ANSWER AND RESPONSE

By Neil Rowe P.A.G.; Professor of Law

No, I’m not going into to traffic court and arguing illegitimate corporate government, or any of the other varied long winded arguments people and persons propose. Just not interested in approaching it that way for reasons of my own. What follows is my standard template for transportation code or driving offense charges and I’m retiring from answering any more questions related to traffic tickets, until and unless you can quote this back to me verbatim and understand it and still have a problem, moving on to more important issues and frontiers in law. Yes, I could use dozens of additional citations, and you may add them and over complicate matters if you choose, I just don’t think it’s necessary to go into much more detail. Keep it simple stupid.

Submitted to the Public Domain without copyright. Copy and share.
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Notice of and Motion for Bill of Particulars and Discovery Request for Brady Material In Answer and Response to Inadequate Notice and Defective Service of Process by Complaint or Information that Fails to State the Requisite Jurisdictional Elements of a Valid Cause of Action and Controversy of Both Fact and Law Required to Establish Personal Jurisdiction

Proposed Jury Instructions

COMES NOW the accused defendant herein named by special appearance in Pro Se, by liberal construction waiving professional rules of pleading practice, and for his preliminary Answer and Response, Discovery request for Brady Material and Motion as styled and en-captioned above, by his own hand and under oath affiant shows this honorable court and states as follows; To Wit:

Based Upon information and belief, affiant states:

1. THAT the undersigned writer is charged in the instant action and proceedings with a Transportation Code or Driving offense.

2. THAT Federal and State statutes and provisions of law narrowly define “Driving” as the professional commercial activity of “transporting persons or property for profit.”

3. THAT Federal and State statutes and provisions of law defining the elements of “Driving” omit “traveling for recreation or pleasure,” the writer contends, because ‘A Citizen must be free to travel throughout the [several] United States uninhibited by statutes, rules or regulation.’ (Shapiro v. Thomson, 394 US 618, 89 S. Ct. 1322 ( )); “No State government entity has the power to allow or deny passage on the highways, byways, nor waterways… Travel is not a privilege requiring licensing, vehicle registration, or forced insurances.” (Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22). “As has been well said in the case of Ex parte Dickey (W.Va. 85 S.E. 781): The right of a citizen to travel upon the highway and transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highway his place of business and uses it for private gain, in the running of a stage coach or omnibus. This distinction, elementary and fundamental in character, is recognized by all the authorities.” (Thielke v. Albee, 79 Or. 48, 153 P. 793); “It is to clear for the purpose of extended discussion that it was competent for the legislature under the police power to regulate the use of the streets and the public places by jitney operators, who, as common carriers, have no vested right to use the same without complying with a requirement as to obtaining a permit or license. The right to make such use is a franchise, to be withheld or granted as the legislature may see fit.” (Fifth Ave. Coach Co. V. New York, 194 N.Y. 19,86 N.E. 824, 21 L.R.A. (N.S.) 744, 16 Ann.Cas. 695; Dill. Mun. Corp. 1210, 1229); “[W]hile a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways, either in whole or in part, as a place for private gain. For the latter purpose no person has a vested right to use the highways of the state, but is a privilege or license which the legislature may grant or withhold at its discretion…” (State v Johnson, 243 P. 1073, 1078. (For further distinction between traveling and transportation, See : Barney v Board of Railroad Commissioners; State v City of Spokane, 186 P. 864.; Ex Parte Dickey (Dickey v Davis), 85 S.E. 781.; Teche Lines v Danforth, 12 So.2d 784).

4. WHEREFORE the writer contents and asserts, based on information and belief supported by points in authority provided, that transporting persons or property for profit in commerce is a condition precedent and form the requisite jurisdictional elements of any transportation code driving offense.

5. THAT the Plaintiff officer by state attorney has failed by sufficient complaint or information to state or inform the accused defendant of the “person(s)” or “property” the accused defendant is accused of transporting, or for what “profit.”

6. THAT the plaintiff prosecution is required to inform the accused defendant of the essential elements of, and material facts alleged substantiating the crime as charged and to prove these same elements and material facts beyond a reasonable doubt or by a preponderance of the evidence at trial, and for this reason the accused defendant contends jury instructions must reflect the requirement that the prosecution plaintiff establish and prove the person(s ) or property that were transported for what profit, and who those persons or what that property transported for what profit was, with particularity.

PRAYER FOR RELIEF

WHEREFORE all the good and proper reasons stated, the undersigned accused defendant prays this honorable court grant the motion for bill of particulars, or provide discovery of the essential material facts constituting the driving or transportation code offense charged, and compel the plaintiff prosecution to amend defective information or complaint to apprise the accused defendant of the same so that he might reasonably respond or prepare his defense having notice of both the nature of, and, cause for the instant charges and proceedings as required by rules of substantive and procedural due process, or in the alternative quash the information or complaint for inadequate notice and defective service of process and dismiss the instant action and proceedings for failure to prosecute, and grant any other relief this court deems equitable and fair in good faith and conscience.

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Foot Note: I am not arguing against statutory authority. Travel is mentioned, but Statutory authority to regulate Transportation is accepted and acknowledged.

I am asking for fair and proper notice. The elements of driving are clear.

If charged with assault, how, by punching, kicking or slapping?

If contempt of court for disrupting proceedings, how? By what noise, outburst or disruptive behavior, specifically?

If murder, who, and by what means?

The prosecution must demonstrate the case he intends to put on, so the defendant is informed of the case he must meet.

Driving drunk? Driving on suspended?

Forget drunk, forget suspended…

How driving?

It’s simple calculus.

And with that having been said, I’m charging for the next question.

Dedicated to my parents, who took a clever little six year old intent on being the worlds greatest liar and cheat, and changed the course of his life by paddling his behind, conditioning him to study instead and violently hate liars and cheats.

THE TRAFFIC RACKET AND HOW IT WORKS

Aggrieved Parties and the general public has been and is being scammed in the following manner through what is undoubtedly a Traffic Racket:

A. Men and women, herein referred as Victims, through propaganda not based on law, are taught they are required to purchase a “driver’s License”/“chauffeur’s License” to ride their non-commercial vehicles on the roadways; failure to purchase the License will cause the Victim engaged in ordinary travel to be arrested/kidnapped by the weaponized highwaymen acting as Peace Officers.

B. The Victim through harassment and coercion from the Weaponized Peace Officers, are forced into buying the “motor vehicle registration” service and display the receipt via a “License Plate”, failure to display such receipt will cause Victim’s vehicle to be taken through force exercised by the weaponized highwaymen acting as Peace Officers.

C. The weaponized highwaymen acting as Peace Officers ensure the Victim appears before an alleged Traffic Referee who through abuse of process extorts Fines and Court Cost from the Victim.

D. This harassment and coercion is supported and upheld by the State’s Lower courts and is further supported by with a blind eye approval from the State’s higher Courts.

E. The basic proceeds are as follows:

a. Licensed and Registration proceeds are shared by the State and The Municipalities that host DMV Offices.
Proceeds from this racket benefits all State Officers, State/Municipal Employees and all State run pension plans.

b. Fine and Penalty proceeds are shared by the Courts, The Municipalities and The State Treasury.
Proceeds from this racket benefits all State Officers, all State run pension plans and Municipalities who use these funds to hire more revenue making highwaymen and Traffic Referees.

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EVERYTHING IN COMMERCE IS FICTION (ANC)

By Douglas Joseph

Everything that has been created in commerce is fiction and I mean EVERYTHING. Because commerce is fictional, nothing within that commercial world can be real, including the statutes. To operate my business entity lawfully in commerce, I must use a “legal entity/legal name” that has been registered properly with the government entity that created that commercial fiction in the first place.

The law requires everyone do this, not just I. Very few if any do however and it is all due to ignorance of the law.

The law created in each and every state in the “United States” require this legal name registration and in California, it can be found in Section 17900 of the Business and Professions Code (Fictitious Business Name Statement). The government agency that generally registers all legal names in this state (in the United States) is the Secretary of State (SOS) but in California the County Clerk handles that duty under the auspice and authority of the SOS.

The document that I filed to register my legal name is called an “Assumed Name Certificate” (ANC) and I filed it with the SOS of Minnesota. This document is official and valid evidence proving that my business entity is properly registered with the SOS as the state requires to operate lawfully in commerce.

So then, what “legal name” used in commerce is everyone required to file?

The legal name/legal entity found within the creation of the “Certificate of Live Birth” which of course is also issued by the Secretary of State. By properly filing the ANC with the SOS, this provides my registered business entity a status of “Active and In Good Standing”.

This means my business entity can defend itself in court as well as sue other entities with standing. In essence, the ANC is the “game piece” that I use allowing me to conduct business lawfully in commerce while demonstrating that I am the living man that exists outside of that fictional Continue reading “EVERYTHING IN COMMERCE IS FICTION (ANC)”

Cop says “NOT FOR HIRE” defense is a reality.

A friend of mine went in arguing an aggressive “no cargo, no passenger” exception and he is approached by a Police Officer after the hearing.

Officer told my friend in secret that if you are traveling and get pulled over we are suppose to let you go as soon as you announce that you are not for hire.  He said that every state legislature has early bills that clearly state the “for hire” requirement to invoke the motor vehicle code.  He then added that the statutes, which are not law, just reference to law, has conveniently removed /dropped the “offered to the public for hire” language.

My friend has won every ticket of no plate, no registration, no insurance, no operator license for the last several years. My friend wants to remain anonymous and wants to keep the Officer as a confidant.

I have recently tried to enter a Nebraska 1905 bill that said just that into a trafic case of mine the judge denied the exhibit, so now I am going back the the State archives and get a certified copy of the original bill, he will be forced to accept that evidence, as a matter of law.  They gave me 90 days, and they know I won my case, stay tuned.

I, Paul John Hansen, recently put a Not FOR HIRE plate on my motorcycle and just last week a cop pulled up read it and then pulled around me and went on his way.

The whole story will come soon.

(( It is believed that even if you have a state plate, by placing a “NOT FOR HIRE” below it takes you out of the scope of the Vehicle Statutes and Municipal Codes.  This is yet to be tested. ))

by Paul John Hansen Source:http://www.pauljjhansen.com/?p=474

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The only way the state can use the motor vehicle code is under the US commerce clause, if one is not putting an extra demand on the road or carrying freight or passengers (for hire), the state can not lawfully act upon you. Since time immemorial man has had the right to travel in the mode of the time, for whatever reason he has, to where he wants to go. Your rights under the creator are what you say they are, as long as you do not infringe on the rights of others. You will be deemed as self responsible and willing to accept all commercial liability for any of your actions, the rules of the road are a general guideline, and one should try to follow them.

See this article for case law and supreme court opinions.

Time to get your hands on your BRAND NEW tags that NEVER EXPIRE!

Get the “Lawful Traveler Package”, now available from Freedom from Government!

The 2nd Amendment Isn’t Under Attack, You Just Don’t Understand The Difference Between Statutes and Laws

Special thanks to Seiko Seven for this information.

United States Corporate Statutes vs Laws of the Land:

Internal Corporate Restrictive Firearms Statutes as found in U.S. Codes and State Statutes are enacted for Gov’t employees to abide by while they are on the clock so they cannot over power, with Arms, the American People while performing their jobs as ‘public servants’. Statutes are enacted to help run gov’t more efficiently and to keep restrictions on Gov’t employees, not the average American. Because of collective ignorance of the Law; the public fool system, and the gov’t owned media, they have used THEIR OWN internal statutes that are ONLY MEANT FOR THEM to control the rest of us and keep us equipped with less firepower than they themselves have available to secretly and overtly overthrow the American People without a single shot fired.

They add restrictive firearms statutes to THEIR CODES on a daily basis because they have hoodwinked us into believing the internal rules of their corporation, for their own employees that Obama is the CEO of, apply to you an I. We keep abiding by THEIR INTERNAL STATUTES because we’ve never been taught the difference, and it is working out very well in their favor to say the least. Since we keep abiding by THEIR Restrictive Firearms Statutes (only meant for gov’t employees), they keep adding more, more, and more, until eventually they will be the only one’s with guns while you and I are left with nothing more than sticks and stones.

Basically, they’ve pulled the ole switcheroo on us. They are enjoying the Rights of the People, while restricting the People with Internal Corporate Statutes that only apply to them.

This is how they are controlling society instead of SERVING SOCIETY, but the con is being exposed by people who know the Law and know the difference between internal corporate statutes and actual Rights of man.
Continue reading “The 2nd Amendment Isn’t Under Attack, You Just Don’t Understand The Difference Between Statutes and Laws”