AND THEN it must be proven that you were driving in commerce;
The "evidence" I get $ would be represented by a RECEIPT or Bill of Lading for "hauling" or "transporting". This "evidence" would need to be submitted into evidence by the officer or his attorney to "prove" one is "driving". If there is no evidence in the form of RECEIPTS or Bills of Lading, the officer lacks required evidence to prove his claim that you are one of those "persons" required and regulated by the Vehicle Code. The officer simply can not make a claim in open court without some evidence to sustain his/her allegation/s, or that would be "false swearing", that you are sausage merchant for instance, if you are, in fact, a math teacher, and then compel the court to order you to pay a fine for a sausage merchant violation that has absolutely nothing to do with rules and regulations for math teachers. So if you do the math and you don't come up with the answer: "Sausage Merchant", then the fine CAN NOT apply because the court lacks jurisdiction to order a penalty for something one is not legally obligated to do or not do. If there is no obligation there can be no liability, this is selfevident.
Taken from;
http://home.earthlink.net/~venue53/carstuff.html