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.

FREE ADRENALINE! Being Followed While Traveling (PRIVATE TAGS/NO LICENSE)

 

I was a few miles east of Chiloquin Oregon in the woods getting some rest when I was rudely awakened by gunshots. I got out of there because I didn’t want to hang out. Then I was followed, and you will never guess what happened??? (Wait for it…)

Make sure to visit http://shop.freedomfromgovernment.org for books and tools to help you attain your liberty and also http://freedomfromgovernment.org (THIS website!) for some great study material.

These videos are from my dual channel dashcam blackbox with GPS available here (http://shop.freedomfromgovernment.org/index.php?route=product/product&product_id=65). I have traveled thousands of miles up and down the west coast this year without incident and I want to tell you that you can do it too. All it takes is some courage and some patience, they have us all controlled through our on fears. I walk with God though, so I have no fear. Actually, God rides shotgun with me because I am on a mission to help people learn how to attain liberty and happiness, while living their life.

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.

police2

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!

Driver Licensing vs. Right to Travel

Driver Licensing vs. Right to Travel

Author Unknown

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

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

If ever a judge understood the public’s right to use the public roads, it was Justice Tolman of the Supreme Court of the State of Washington. Justice Tolman stated:

“Complete freedom of the highways is so old and well established a blessing that we have forgotten the days of the Robber Barons and toll roads, and yet, under an act like this, arbitrarily administered, the highways may be completely monopolized, if, through lack of interest, the people submit, then they may look to see the most sacred of their liberties taken from them one by one, by more or less rapid encroachment.”

Robertson vs. Department of Public Works, 180 Wash 133, 147.

The words of Justice Tolman ring most prophetically in the ears of Citizens throughout the country today as the use of the public roads has been monopolized by the very entity which has been empowered to stand guard over our freedoms, i.e., that of state government.

RIGHTS

The “most sacred of liberties” of which Justice Tolman spoke was personal liberty. The definition of personal liberty is:

“Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property … and is regarded as inalienable.”

16 C.J.S., Constitutional Law, Sect.202, p.987

This concept is further amplified by the definition of personal liberty:

“Personal liberty largely consists of the Right of locomotion — to go where and when one pleases — only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the 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 the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another’s Rights, he will be protected, not only in his person, but in his safe conduct.”

II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135

and further …

“Personal liberty — consists of the power of locomotion, of changing situations, of removing one’s person to whatever place one’s inclination may direct, without imprisonment or restraint unless by due process of law.”

Bovier’s Law Dictionary, 1914 ed., Black’s Law Dictionary, 5th ed.; Blackstone’s Commentary 134; Hare, Constitution, Pg. 777

right-to-travel
Know your Right-to-travel! (click image to enlarge)

Justice Tolman was concerned about the State prohibiting the Citizen from the “most sacred of his liberties,” the Right of movement, the Right of moving one’s self from place to place without threat of imprisonment, the Right to use the public roads in the ordinary course of life.

When the State allows the formation of a corporation it may control its creation by establishing guidelines (statutes) for its operation (charters). Corporations who use the roads in the course of business do not use the roads in the ordinary course of life. There is a difference between a corporation and an individual. The United States Supreme Court has stated:

“…We are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for examination on the suit of the State. The individual may stand upon his Constitutional Rights as a Citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. Continue reading “Driver Licensing vs. Right to Travel”