View Single Post
  #110  
Old 11-01-2004, 01:00 PM
TheBlackTruth TheBlackTruth is offline
Mental Jujitsu
 
Join Date: Oct 2004
Location: California
Posts: 591
Send a message via AIM to TheBlackTruth Send a message via Yahoo to TheBlackTruth
Speeding ticket from scratch

<font color=darkblue face=verdana>re-ality,



The law is very clear as to what sorts of activities are to be regulated by the Motor Vehicle Code. The keyword is "activity". It is well-settled in case law that it is the USE of the property that determines its class.



Take the 18-wheeler driver as an example. He loads up at his client's place of business to transport goods from one state to another. On this leg of his journey he is an active, knowing participant in interstate commerce and as such he needs to be licensed and his motor vehicle registered. However, once he has delivered his load and returns home empty, having completed the task for which he was hired, he is NO LONGER participating in commerce and although his license is on him that does not serve as conclusive evidence that he is a "driver" nor his vehicle a "Motor Vehicle".



I have a pilot's certificate/license in my wallet, does that mean that the FAA can cite me in my car for "flying too low" simply because I had the document on me at the time?



Activity is key; and the burden of proof is on the claimant.



Was there a specific and articulable cause to believe that the defendant was transporting passengers or goods for hire?



-BT[/color]
__________________
"A truth's initial commotion is directly proportional to how deeply the lie was believed. When a well-packaged web of lies has been sold gradually to the masses over generations, the truth will seem utterly preposterous and its speaker, a raving lunatic." --Dresden James
Reply With Quote