Traffic Ticket Question

[gldskr]

The traffic stop of an unregistered vehicle is based upon the presumption that it must be registered. In this case it is fraud. The traffic stop of a registered vehicle is the enforcement of a contract.

gldskr

[Shoonra]

Originally Posted by gldskr

If you are driving your own unregistered vehicle no DL is required...

I am willing to bet that no court have ever said that.

Driving (or operating or whatever word you want to use) a motor vehicle on the public roads is a privilege, not a right. The privilege is available only to those who comply with the state's motor vehicle laws, which require current and valid (govt-issued) documentation that the motorist is considered fit to operate a vehicle (namely, a driver's license) and that this particular vehicle is roadworthy (the registration and license plate), and (in some jurisdictions) that he is financially responsible (an insurance card issued according to state regulations).

A DL is not a contract, but if you insist on seeing a contract somewhere in this, then consider it an implied contract. If you drive on the public roads, then you must comply with the state's laws and regulations for motor vehicles and drivers.

The privilege is not so much associated with the mere sitting in the driver's seat as it is with piloting a car on the public roads where it comes into proximity with other people and their cars. You probably don't need a DL to motor around in your own backyard, ripping up your own lawn.

If you are insistent on some Constitutional Right that you think is incompatible with compliance with the state motor vehicle laws, the choice is up to you. Ease up on your interpretation of your Rights, comply with the laws and obtain the privilege of driving on the public roads; or keep your rights inviolate and walk, take a bus, be a licensed driver's passenger, anything but steer a motor vehicle onto the public roads. A case on point is Terpstra v. State (Ind.App 1988) 529 NE2d 839.

[gldskr]

Shoonra

You will notice that I said vehicle and not motor vehicle. A motor vehicle is a vehicle that is registered, whereas a vehicle is just a vehicle. I could have also said car or automobile, but it does not become one until I apply and make it so.

gldskr

[Shoonra]

Originally Posted by gldskr

A motor vehicle is a vehicle that is registered, whereas a vehicle is just a vehicle.

And I'll bet you can't find a court decision that says that, either.

Is there physical pain associated with being so obtuse??

[redy2fiyt]

Originally Posted by Bailey

Curious, how long has been since the arraignment?

I was arraigned in late July 2007.

[redy2fiyt]

Originally Posted by gldskr

regy2fiyt

If the vehicle you were driving was registered they have a case. If not you can prevail.

gldskr

Its registered, just because my wife isn't fully up to speed on the right to travel and I don't need her getting tickets or getting hauled off to the slammer.

Anyway, I wasn't saying that there wasn't a case, I was just saying that it appears to have "slipping through the cracks".

I don't think the County will revisit it.

[gldskr]

Originally Posted by Shoonra

Originally Posted by gldskr
A motor vehicle is a vehicle that is registered, whereas a vehicle is just a vehicle.

Of course you won't, that would expose the scam. If all vehicles that use the highways are motor vehicles, what is the point of applying for a registration attesting to that fact? Wouldn't it be simpler if the state just sent you a bill?

The state needs your acceptance of their offer to be included in their motor vehicle taxing database. They are precluded from making any determination because it is use that establishes the mandate. It is you that determines the use.

It's as simple as that.

gldskr

[Bailey]

Well, they still have time to move. Are they answering any motions? Did you demand a Bill of Particulars? Just curious not offering advice. Do you have court date? If it's personal, no need to answer I understand.

Originally Posted by redy2fiyt

I was arraigned in late July 2007.

[Dillon Hunt]

Main Entry: sub·mit
Pronunciation: s&b-'mit
Function: verb
Inflected Form(s): sub·mit·ted; sub·mit·ting
Etymology: Middle English submitten, from Latin submittere to lower, submit, from sub- + mittere to send
transitive verb
1 a : to yield to governance or authority b : to subject to a condition, treatment, or operation <the metal was submitted to analysis>
2 : to present or propose to another for review, consideration, or decision <submit a question to the court> <submit a bid on a contract> <submit a report>; also : to deliver formally <submitted my resignation>
3 : to put forward as an opinion or contention <we submit that the charge is not proved>
intransitive verb
1 a : to yield oneself to the authority or will of another : SURRENDER b : to permit oneself to be subjected to something <had to submit to surgery>
2 : to defer to or consent to abide by the opinion or authority of another
synonym see YIELD

[Shoonra]

Originally Posted by gldskr

The state needs your acceptance of their offer to be included in their motor vehicle taxing database. They are precluded from making any determination because it is use that establishes the mandate. It is you that determines the use.

It's as simple as that.

gldskr

Not quite. The state (and its subdivisions, such as cities and counties) has the responsibility for and jurisdiction over the public roads. You use their roads, you must do it according to their rules. That should be simple enough.