[Paul88]

Originally Posted by LT2DOGS

Paul88,


& I myself have not had the opportunity to try this as none of the conveyances I own have the capability to go much above the speed limit, but I am curious to see if it would work. "I am not giving legal advice, just my opinion". Here goes-Now that you know that you are Traveling and not operating in commerce upon the highways, the issue will be dealing with the court. Since the one who asserts a position is the one who bears the burden of proof, it might be prudent to file with the clerk of court, an affidavit stating that you were not engaged in any commercial activity and you were&Traveling as your right. Once that is accomplished and you are in court, get the charging officer on the stand and get him to testify, under oath, that as an officer it is his job to&know the laws he is enforcing,and that it is his duty to properly enforce those laws. Once he has testified to that Then get him to testify he witnessed you "driving". Once he has, you can point out to the Judge (administrative magistrate), utilizing your affidavit(s) and applicable definitions within the "Motor Vehicle Code"-(i.e.-Motor Vehicle,Vehicle,Driver,Operator etc.)&that unless the prosecution can "prove that you were engaged in commerce",the officer has perjured himself. It would seem that&at that point they have hung themselves with their own rope and you could& move for dismissal with prejudice. --As I said I haven't tried it, but it seems it should work, or at the very least give them a good case of heartburn!.


:twisted:

<SPAN style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">I did send the document to the court and they sent everything back to me. I guess I just have to go to court ad see what will happen.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o></o></SPAN>