Statutory Web

[weishaupt1776]

Just flippin' through the good ole Florida Code.

I needed to look up definitions for myself to see if certain claims were True such as whether or not I DRIVE or OPERATE a MOTOR VEHICLE.



MOTOR VEHICLE.--Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.

VEHICLE.--Every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

COMMERCIAL MOTOR VEHICLE. Any self-propelled or towed vehicle used on the public highways in commerce to transport passengers or cargo, if such vehicle:

(a)**Has a gross vehicle weight rating of 10,000 pounds or more;

(b)**Is designed to transport more than 15 passengers, including the driver; or

(c)**Is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.). If I am getting this right, the KEYWORD is TRANSPORT. I don't believe

my Ford Ranger is 5 tons. I couldn't find a statutory def of transport except in the above definition. So I am still wondering about the hole in it, though. Can't they say I was transporting myself or if there was someone w/me , that I was transporting them? Transport has gotto have an exclusive commercial meaning somewhere.

TRANSPORTATION.--The conveyance or movement of goods, materials, livestock, or persons from one location to another on any road, street, or highway open to travel by the public.

PERSON.--Any natural person, firm, copartnership, association, or corporation.

DRIVER.--Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle.

OPERATOR.--Any person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle.

*OWNER.--A person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for the purposes of this chapter.

Here's the sorry statute the guy wrote me up on:316.183* Unlawful speed

(1)**No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object on or entering the highway in compliance with legal requirements and the duty of all persons to use due care I like the adjectives & the other previously studied deceptions.

3)**No school bus shall exceed the posted speed limits

6)**No driver of a vehicle shall exceed the posted maximum speed limit in a work zone area.So far I believe I can conditionally accept that I was driving & operating a motor vehicle when you made me sign that ticket at gunpoint; UPON PROOF OF CLAIM that I was a firm, copartnership, association, or corporation engaged in the commercial act of transporting passengers & cargo via school bus in a work area.



THIS IS RIDICULOUS, I AM SUPPOSED TO BE PLAYING GUITAR RIGHT NOW-I'M GENUINELY PISSED OFF THAT I HAVE TO DO THIS. But am equally satisfied if this may be of any help

[Akira]

Weis,



Be sure you thoroughly checked the statutes for definitions...



For instance, in the stautes here, the word 'person' is defined in several places...



Title 1: GENERAL PROVISIONS

Chapter 3: RULES OF CONSTRUCTION

§72. Words and phrases

15. Person. "Person" may include a body corporate.



However, 'person' is defined differently under:



Title 29-a: MOTOR VEHICLES

Chapter 1: GENERAL PROVISIONS

§101 'definitions'

54. Person. "Person" means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]



So, look for specific definitions under the statute chapter your violation occurs under..



As you can see... the 2nd definition definies 'person' as a generic term for 'legal or comnmercial enitity"



I don't see man or woman there do you?



The canon of construction "expressio unius est exclusio alterius" or "inclusio unius est exclusio alterius" holds that "to express or include one thing implies the exclusion of another, or of the alternative." Black's Law Dictionary 602 (7th ed. 1999).



For HIS Glory,

Akira

[test]

I found this:



http://www.outlawslegal.com/drivingindex.htm



http://www.outlawslegal.com/driving/flbrief.htm



http://www.outlawslegal.com/driving/traff.htm

[weishaupt1776]

[color=black][b]Yo, test-you're a research monsta! The lorida one couldn't have come at a better time, my case is tomorrow! It's so nice to see some case cites from the Southern District regarding traffic instead of the usual Cali or Texas cites.

Thanks, again.

[EnSabahNur]

Originally Posted by weishaupt1776

[color=black][b]



PERSON.--Any natural person, firm, copartnership, association, or corporation.



DRIVER.--Any person who drives or is in actual physical control of a vehicle on a highway or who is exercising control of a vehicle or steering a vehicle being towed by a motor vehicle.



OPERATOR.--Any person who is in actual physical control of a motor vehicle upon the highway, or who is exercising control over or steering a vehicle being towed by a motor vehicle.



Â*OWNER.--A person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee, or lessee, or mortgagor shall be deemed the owner, for the purposes of this chapter. </BLOCKQUOTE>

There is the biggest chink in that whole blurb.....they say that it refers to natural persons right?



It is not proper english without a hyphen. Natural-person...that is the ONLY term that can mean flesh and blood person. Otherwise if the terms are separated without a hyphen, it does not mean natural-person...it means a natural legal fiction. They MUST be joined by a hyphen. It's another trick.



Otherwise why not simply say "A Man".



ANOTHER TRICK!

[quote= Akira] Weis,







However, 'person' is defined differently under:

Title 29-a: MOTOR VEHICLES

Chapter 1: GENERAL PROVISIONS

§101 'definitions'

54. Person. "Person" means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]

I believe the operative word in this quote is "other", by it's inclusion it mandates that all the other entities must be of the same class- Reference these



"EJUSDEM GENERIS" . All the same kind, class, or nature.



In the construction of laws, wills, and other instruments, the "ejusdem generis rule" is, that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. Black, Interp. of Laws, 141; Goldsmith. v. U.S., C.C.A.N.Y.,N.Y., 42 F2nd.133,137



and this



NOSCITUR A SOCIIS. "It is known from its associates.1 Vent.225. The meaning of a war is or may be known from the accompanying words"

" the doctrine means that general and specific words are associated with intake color from each other, restricting general words to sense analogous to less general. Dunham v. State,140 Fla. 754, 192 So. 324,325,326.



BLACK'S LAW DICTIONARY-REVISED FOURTH EDITION.

Originally Posted by Akira

Weis,



Be sure you thoroughly checked the statutes for definitions...



For instance, in the stautes here, the word 'person' is defined in several places...



Title 1: GENERAL PROVISIONS

Chapter 3: RULES OF CONSTRUCTION

§72. Words and phrases

15. Person. "Person" may include a body corporate.



However, 'person' is defined differently under:



Title 29-a: MOTOR VEHICLES

Chapter 1: GENERAL PROVISIONS

§101 'definitions'

54. Person. "Person" means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity. [1993, c. 683, Pt. A, §2 (new); Pt. B, §5 (aff).]



So, look for specific definitions under the statute chapter your violation occurs under..



As you can see... the 2nd definition definies 'person' as a generic term for 'legal or comnmercial enitity"



I don't see man or woman there do you?



The canon of construction "expressio unius est exclusio alterius" or "inclusio unius est exclusio alterius" holds that "to express or include one thing implies the exclusion of another, or of the alternative." Black's Law Dictionary 602 (7th ed. 1999).



For HIS Glory,

Akira

I believe the operative word in this quote is "other", by it's inclusion it mandates that all the other entities must be of the same class- Reference these



"EJUSDEM GENERIS" . All the same kind, class, or nature.



In the construction of laws, wills, and other instruments, the "ejusdem generis rule" is, that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. Black, Interp. of Laws, 141; Goldsmith. v. U.S., C.C.A.N.Y.,N.Y., 42 F2nd.133,137



and this



NOSCITUR A SOCIIS. "It is known from its associates.1 Vent.225. The meaning of a word is or may be known from the accompanying words"

" the doctrine means that general and specific words are associated with and take color from each other, restricting general words to sense analogous to less general. Dunham v. State,140 Fla. 754, 192 So. 324,325,326.



BLACK'S LAW DICTIONARY-REVISED FOURTH EDITION

[weishaupt1776]

They hit me w/316.189* Establishment of municipal and county speed zones. (2)**SPEED ON COUNTY ROADS
Since he wrote Unlawful speed on the ticket, that link leads you to 316.183.
The penalty provisions are in 318.14*Noncriminal traffic infractions

In my denied motions, the judge said that a civil infraction has a different set of rules than in a plaintiff/defendant civil contract case. But look what the annotated had to say about 318:Noncriminal traffic infraction cases prescribed by chapter 318 are civil actions at law within meaning of § 34.01 setting forth jurisdiction of county courts and fact that actions are deemed "actions at law" does not mandate right to trial by jury under article of the Florida Constitution. Nettleton v. Doughtie, 373 So.2d 667 (1979).
The following questions are the result of Marc Stevens HERE.So my first question at trial to really light 'em up is going to be:
Your Honor, Does this case at hand involve a non criminal infraction case prescribed by chapter 318?<LI>Does this involve then, a civil action at law?The key is to get the judge to admit this. I hate to do this, but let's assume they answer yes. we may have to have them take judicial notice of the case above, but we don't want to show that we're smart. The next questions that would follow: Since this is a civil action at law, does this proceeding involve a contract or a tort?
Okay, now connect 34.041* Service charges and costs
(1)**Upon the institution of any civil action or proceeding in county court, the plaintiff, when filing an action or proceeding, . . . Please note the emphasized words & scroll all the way to the bottom: (6)**For purposes of this section, "plaintiff" includes a county or municipality filing any civil action.The next question:
Your honor, is there any evidence of a plaintiff?

[KaosTheory]

Heh heh, something tells me your next transcript is gonna be good. Also, I like how Marc Stevens sets the stage for the appeal by making the judge hang himself.

[Ice]

I noticed it states <u>ANY</u> civil action.