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R.I.P. Codee Roberts
Damn, most of you really missed a big point with Codee. We do have the right to travel as secured by the constitution by the fourth amendment as "personal liberty". This is defined in Black's as "the right to personal locomotion" aka the right to travel.
The government cannot license a constitutionally guaranteed right. This is seen by:
6. PRIVILEGE OR RIGHT?
6.1 The use of the highway for the purpose of travel and transportation is NOT a mere PRIVILEGE, but a "COMMON AND FUNDAMENTAL RIGHT" of which the public and individuals cannot rightfully be deprived. (Emphasis added) See: Chicago Motor Coach v. Chicago, supra; Ligare v. Chicago, 28 N.E. 934; Boone v. Clark, 214 S.W. 607; American Jurisprudence 1st Ed., Highways 163
6.2 Citizen's "RIGHT" to travel upon public highways includes right to use usual conveyances of time, including horse-drawn carriage, or automobile, for ordinary purposes of life and business. (Emphasis added) See: Thompson v. Smith (Chief of Police), 154 S.E. 579, 580
6.3 The "RIGHT" of the Citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a "COMMON RIGHT" which he has under the "RIGHT" to life, liberty, and the pursuit of happiness. (Emphasis added) See: Thompson v. Smith, supra.
7. It could not be stated more conclusively that Sovereigns of the states have a "RIGHT" to travel, without approval or restriction, (license), and that this "RIGHT" is protected under the U.S. Constitution. After all, who do the roadways belong to anyway? The People-At-Large. Here are other court decisions that expound the same facts:
7.1 .... [T]he streets and highways belong to the public, for the use of the public in the ordinary and customary manner. See: Hadfield v. Lundin, 98 Wn. 657; 168 P. 516;
7.2 All those who travel upon, and transport their property upon, the public highways, using the ordinary conveyance of today, and doing so in the usual and ordinary course of life and business. See: Hadfield, supra; State v. City of Spokane, 109 Wn. 360; 186 P. 864.
7.3 The "RIGHT" of the Citizen to travel upon the highways and to transport his property thereon, in the ordinary course of life and business, differs radically and obviously from that of one who makes the highways his place of business and uses it for private gain .... (Emphasis added) See: State v. City of Spokane, supra.
7.4 ...... [F]or while 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 of business for private gain. For the latter purposes no person has a vested right to use the highways of the state, but is a MERE PRIVILEGE or license which the legislature may grant or withhold at its discretion .... (Emphasis added). See: Hadfield, supra; State v. Johnson, 243 P. 1073; Cummins v. Jones, 155 P. 171; Packard v. Banton, 44 S.Ct. 257, 264 U.S. 140 and other cases too numerous to mention.
Now, with that said how do we deal with this today? Codee's approach, in my humble opinion, works well. I will explain it again:
Government Code Section 201: The State may punish for Crimes
http://www.leginfo.ca.gov/cgi-bin/di...0&file=200-204
Now, look up People V. Sava and People V. Battle. Both uphold that infractions ARE NOT crimes. So, if an infraction is not a crime, the State has no power to penalize for infractions.
Enough said. I wish you guys would have listened a little more carefully to where Cody was going with his research. His latest essay goes into extensive detail on this.
Bummer for the forum man.
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Peace,
-Gabe
For educational purposes only, not to be construed as legal advice.
No liability assumed, no value assured, without recourse.
He who does not assert his rights, has none.
Oh, and in case you're wondering - the profile picture is really me.
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