Hi CRH & All...
I would like to concur with all opinions above... excellent advise !
I am intriqued by Enlegis' idea, but I lack the particulars.. at the very least, it appears to be a labor efficient approach as opposed to other techniques offered here....
My long winded 2 cents...
First, Anyone can practice law.... just quote the Supreme Court of the United States ( their decisions should be trump cards in court )
http://www.suijuris.net/main/suijuri...&query=License
So, politely ask to see their license to practice ! Per their OWN arguement, priviledges require licenses, whether on the highways or in court, you need a license to participate, therefore, they should be prepared to show their license to practice law, or be subject to sanction... (notice I said "should be")
In my home state of Maine, neither the Sectratary of State nor the state Supreme court issue licenses to practice law, and as I recall, the ABA's own constitution says they don't issue licenses, although I can't find the specific reference atm... (possibly their web site?) it's worth a check...
Second, find out who the Judge will be and get an appropriately dated copy of their Oath of Office from the SOS to verify his/her legitimacy.
Third, Your daughter didn't "break the law", she alledgedly violated provisions of her corporate "driving" contract, which is an equity issue ! not an issue for a court of criminal law...
http://www.suijuris.net/main/suijuri...showtopic=2480
Fourth, your daughter wasn't driving, she was TRAVELING, in her CAR, with GUESTS....
Driver is a <u>regulated occupation for hire</u>, whether moving goods or passengers, you must be getting compensated to be "driving"
The state may only regulate commercial activity... Driving, motorvehicle and passengers are all commercial terms and are POISON !! don't use them EVER ! by doing so, you automaticly give them jurisdiction.
And, according to the Supreme Court of the United States, the states don't have authority to issue "traveling" licenses
Shapiro v. Thompson : 394 US 618 (1969):
"<u>The constitutional right to travel</u> . . . <u>has been firmly established and repeatedly recognized.</u>" United States v. Guest, 383 U.S. 745, 757. "<u>The right to travel freely from State to State finds constitutional protection that is quite independent of the Fourteenth Amendment.</u>" United States v. Guest, supra, at 760, n. 17. As we made clear in Guest, it is a right broadly assertable against private interference as well as governmental action. Like the right of association, NAACP v. Alabama, 357 U.S. 449, <u>it is a virtually unconditional personal right, guaranteed by the Constitution to us all. </u>"
Mudook v. Penn. : 319 US 105 (1943):
“<u>A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution</u> ...... <u>No state may convert any secured liberty into a privilege and issue a license and a fee for it</u>.”
Shuttlesworth v. Birmingham Al.: 373 US 262 (1962):
"<u>If the state does convert your right into a privilege and issue a license and a fee for it, you can ignore the license and a fee and engage the right with impunity</u>.”
Get the full scoop at
http://www.suijuris.net/main/suijuri...ile.php?lid=77
Fifth, now include the state statute you refered to for emergency cases.. that arguement worked for me when my 2nd son was being born and my registered auto would not start, I drove my unregistered truck to the hospital...
Sixth, When the Judge tries to throw out the Constitution, the Supreme Court Law decisions and quoted case law, which they no doubt will... Challenge their jurisdiction (which can be done at ANY time) by saying WHO THE HELL ARE YOU??? I DON"T RECOGNISE YOU... and tell them why... state FACTS !!! since they don't recognise the Constitution, the Supreme Court, equity arguement in a criminal law jurisdiction, unlawfully accept FRN's as payment of debt and any other fraud you have studied and are comfortable in quoting as FACTS. (don't argue) Just the forced issuance of drivers licenses to private citizens is an ongoing 70 year fraud.
Personally, I would wait till just a few hours before court and file all this in a demure, so the judge and prosecuter won't have it yet (catch them off guard) and simply introduce it in court, and READ IT into the RECORD !
See Lawyerdudes demure page at
http://www.lawyerdude.8k.com/5736.html
If the Judge attempts to throw everything out (remember, you are entitled to a reason why)... which they are certainly capable of doing... I would default to the presentation made in "Atlas Shrugged" by Ay Rand
read an excerpt here....
http://www.angelfire.com/oh4/befree/AtlasShrugged2.html
"I will not help you to pretend that I have a chance. I will not help you to preserve the appearance of righteousness where rights are not recognized. I will not help you to preserve an appearance of rationality by entering a debate in which a gun is the final argument. <u>I will not help you to pretend that you are administering justice."</u>
I love that book !
For your consideration....
Akira
P.S. gals/guys...since an unrebutted affidavit stands as truth, is it worthwhile to put the provable ongoing frauds into an affidavit and go through the notice - default - recording procedure? Has anyone tried this? My synical side says it's a waste of time/money... any thoughts?