affirmative defense traffic court

[joseph sugarman]

Originally Posted by joseph sugarman

Mens rea is not an element of most traffic infractions; as a matter of fact mens rea is not an element of most mala prohibida crimes. Therefore willfullness--whether you meant to do it or not-- is not an issue. Therefore it is not available as an affirmative defense.
The right to travel is not per the constitution. The right to travel was recognized by the writers of the Consitution as one of the inalienable rights; so they listed it as one protected by the document--not per the document.

I misspoke myself. The right to travel is not specifically listed. It is incorportated by reference as part of the phrase, and I misquote from memory, ".....Man is endowed by his Creator with certain inalienable rights, among those are life, liberty and the pursuit of happiness..." or words similar to these. Each of us is left to our own designs to place the right to travel in one of the general catagories stated or leave it on its own.

[squirrel]

What ! no blasphemis rebuttle from the liar's or should I say wanna bee's, saying we are "DRIVERS" DRIVING a MOTOR VEHICLE. WOW.

[Akira]

Originally Posted by joseph sugarman

I misspoke myself. The right to travel is not specifically listed. It is incorportated by reference as part of the phrase, and I misquote from memory, ".....Man is endowed by his Creator with certain inalienable rights, among those are life, liberty and the pursuit of happiness..." or words similar to these. Each of us is left to our own designs to place the right to travel in one of the general catagories stated or leave it on its own.

Since 'Right of travel" is an implied liberty... please consider the possibility it is included in the 1st amendment.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. - 1st amendment (emphasis mine)

When I sojourn in HIS name, to spread the good news, which is (for the time being anyway) protected under the 1st amendment, no man, nor group of men, have the authority to detain myself, my guests, or my personal/private conveyance, for any reason.


It's tough to spread the gospel and/or peaceably assemble, if I can't leave my property.


For HIS Glory,
Akira

[Shoonra]

Mit der Dummheit kampfen Gotter selbst vergebens.

Originally Posted by Shoonra

Mit der Dummheit kampfen Gotter selbst vergebens.

Likewise I am sure.

Jerry.

[Akira]

Originally Posted by Shoonra

Mit der Dummheit kampfen Gotter selbst vergebens.

Security !

Would you kindly show this individual the door?

[fulltitle]

Originally Posted by joseph sugarman

Mens rea is not an element of most traffic infractions; as a matter of fact mens rea is not an element of most mala prohibida crimes. Therefore willfullness--whether you meant to do it or not-- is not an issue. Therefore it is not available as an affirmative defense.
The right to travel is not per the constitution. The right to travel was recognized by the writers of the Consitution as one of the inalienable rights; so they listed it as one protected by the document--not per the document.

WITHOUT PREJUDICE
Instead of speaking from solely from guesswork or from personal opinion perhaps you might do well to look up case law about "municipal ordinance violations" and criminal standard of burden of proof given in such cases.

Initially, we note that the law ...considers violations of municipal ordinances to be civil matters, but requires courts to apply the criminal standard of proof beyond a reasonable doubt because of the quasi-criminal aspects involved. (725 S.W.2d 904, 907)

I Myself was neither voicing my private opinion nor exercising my powers of guess-ability. Criminal standard of proof = mens rea + actus rea must be found. This limits the State actors from unjustly enriching themselves in the countryside.

[fulltitle]

Originally Posted by Shoonra

Mit der Dummheit kampfen Gotter selbst vergebens.

WITHOUT PREJUDICE
Doof bleibt doof de helfen keine pillen?

[mrg]

Originally Posted by squirrel

What ! no blasphemis rebuttle from the liar's or should I say wanna bee's, saying we are "DRIVERS" DRIVING a MOTOR VEHICLE. WOW.

You either spoke too soon or were baiting.

(Piloting a motorized conveyance upon a public thoroughfare.)

[squirrel]

Wenn ein dummer Mann etwas tut, ist er über beschämt, erklärt er immer, daß es ist seine Aufgabe.


Er, der nicht völlig die Wahrheit spricht, ist ein Traitor zu ihr.


Kunst Thou ein Traitor. Weg von mit seinem Kopf!


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