Finding a Lawyer to argue that traveling is a right and not a privilege

[NorthCarolinaLiberty]

If you're saying you got pulled over because he ran the tags and saw a guy driving instead of a woman, you may have a case. If he can't show a valid reason to stop you (based on your state's definition of primary violation), then the issue about the license shouldn't be able to be brought into your case.

This seems to be a better route than right versus privilege. I really don't think you have a chance with your original argument, so what's left is challenging the basis of the stop. The interaction is important, and I'm guessing that is why you seek discovery on the communication between the lice and his dispatcher. Seems like you'd have to establish a clear cut distinction between his simple hunch and reasonable suspicion. If he stopped you based on a hunch, then that is not justification.

If you did not have a license, then I'd guess he used an alternate means to determine your identity. He would have to dig fairly deep if his suspicion was simply a male driving a female owned car.

I know that the lice are supposed to follow their own policy regarding roadblocks if it's statutory (of course they don't), but I don't know if there are statutes regarding plate readers. Have you looked at the statutes?

The other thing you are dealing with is a rigged game. You have to show something pretty blatant for the judge to side with you. Even then, they are reluctant. There is however, nothing better than beating somebody at their own game.

I really don't think you need an attorney either, but I don't know how you think about that either. They are part of the rigged game. Most are paper shufflers adept at sucking up and offering you community service. All you need is a couple of basics, a little research, and just follow what happened in your questioning. Of course, be prepared for the lice to lie through his teeth.

Some people fare about as equally with or without a lawyer. The difference is that you'd save yourself some money without one.

 

[Czolgosz]

keywords:

vicarious parental liability

family car doctrine

negligent entrustment

W/o an authority in charge of us, it'll be the just like the Wild West, only w/ 9 year olds and cars.

I'm skeered, here have my freedom.

 

[jkr]

 

[acesfull]

If you copypasted this and filed it, you'll probably get a warning from the judge about frivolous motions:
http://www.lawfulpath.com/ref/DLbrief.shtml

Hi CPUD

Thank you for your reply..... Why do you feel the motion to dismiss will be considered frivolous?
The brief contains much case law to support a valid motion to dismiss... The right to travel is an unalienable right and not a mere state privilege.
Regards,
ACESFULL
Please opine

 

[Acala]

The logic is that any driver can cause an accident, we can't tell ahead of time, and the only way to guarantee potential victims of negligence is if the hypothetical negligent actor is insured.

Not true. You can (and should) buy your own insurance to cover yourself in case you are injured by an uninsured motorist.

 

[Acala]

Hi CPUD

Thank you for your reply..... Why do you feel the motion to dismiss will be considered frivolous?
The brief contains much case law to support a valid motion to dismiss... The right to travel is an unalienable right and not a mere state privilege.
Regards,
ACESFULL
Please opine

What is your authority for the proposition that you have a right to drive on state roads within a state?

 

[acesfull]

What is your authority for the proposition that you have a right to drive on state roads within a state?

Traveling not driving.

 

[Acala]

Traveling not driving.

How does requiring a license to operate a motor vehicle infringe your ability to walk or ride a bike, hence travel? Do you have a "right" to travel in the most convenient or fastest means possible? Do you have a right to be provided with the means to travel? Do you have a right to travel on other people's property?

 

[acesfull]

How does requiring a license to operate a motor vehicle infringe your ability to walk or ride a bike, hence travel? Do you have a "right" to travel in the most convenient or fastest means possible? Do you have a right to be provided with the means to travel? Do you have a right to travel on other people's property?

The answer to your circular quires lie here.... " A license when granting a Privilege, may not, as the terms of its possession, impose conditions which require the abandonment of Constitutional Rights"

Do some research of your own---- See Frost Trucking Co v Railroad Comm 271, US 583,589--also Terral v Burke Construction Co, 257 US 529,532

Happy Holiday!

 

[acesfull]

So I had two adjournments on this case. Also I send a 44 page brief to the judge requesting a dismissal for lack of subject matter jurisdiction. No reply from the judge.
It now turns how that the prosecutor on this case is now the current judge...

For you legal minds on here, now that the prosecutor is the judge, is there a conflict of interest concerning this case? Should I consider filing a motion to have the judge recuse from the case at this time.... When the now current judge was the prosecutor she refused to comply with my discovery request... I don't feel as if I can receive a fair and impartial decision with this ex prosecutor now judge handling the case... I filed both a motion to dismiss and a motion to compel discovery with the previous however I never received any ruling from the ex-judge...

Thoughts and opinions please..

Regards

 

[PRB]

I don't think it is possible to successfully argue and win in court that driving an automobile and the need for a license to do so is not necessary.

Tell that to the sovereign citizens who are immune to facts, they never stopped trying.

 

[PRB]

Not really much to go on. You talked about discovery and FOIA, but that's it.

If you want a serious and detailed answer, then you're going to have to put some effort into it.

FOIA is a ridiculous waste of time if you're talking strictly about going to court on your case. Hello? If you were fined or prosecuted, the prosecutor is obligated to give you and your defense every piece of information he intends to use against you.

 

[acesfull]

having a difficult time posting today. Is the site down?

 

[PRB]

So I had two adjournments on this case. Also I send a 44 page brief to the judge requesting a dismissal for lack of subject matter jurisdiction. No reply from the judge.
It now turns how that the prosecutor on this case is now the current judge...

For you legal minds on here, now that the prosecutor is the judge, is there a conflict of interest concerning this case? Should I consider filing a motion to have the judge recuse from the case at this time.... When the now current judge was the prosecutor she refused to comply with my discovery request... I don't feel as if I can receive a fair and impartial decision with this ex prosecutor now judge handling the case... I filed both a motion to dismiss and a motion to compel discovery with the previous however I never received any ruling from the ex-judge...

Thoughts and opinions please..

Regards

I'll put aside your ignorance and stupidity on this subject matter of jurisdiction(no pun intended).

You can keep wasting your time filing motions and end up with the same result, or you can get a lawyer, play nice, and get it over with.

As a friendly reminder, if your judge realizes you're just being a difficult prick with no respect for the court, he'll slap you with contempt just for fun (that's perfectly legal and easy to prove). Courts today have very little patience for people who just want to waste time and can't be honest about their intentions. You have an agenda and game, if you just told them nicely what it is you want (don't switch arguments one after another).

 

[PRB]

having a difficult time posting today. Is the site down?

No, there's a conspiracy against you to prevent you from finding the legal advice you're entiteld to under the Common Law & Constitution.

 

[PRB]

How does requiring a license to operate a motor vehicle infringe your ability to walk or ride a bike, hence travel? Do you have a "right" to travel in the most convenient or fastest means possible? Do you have a right to be provided with the means to travel? Do you have a right to travel on other people's property?

Obviously I do have a right to be provided the means of travel, that's what RIGHT means, just like liberals believe they have a RIGHT to health, therefore everybody is forced to pay for healthcare. As you can see, rights that are not specified in the Constitution can't and aren't be rights, if they were, they lead to ridiculous arguments like these.

 

[PRB]

The answer to your circular quires lie here.... " A license when granting a Privilege, may not, as the terms of its possession, impose conditions which require the abandonment of Constitutional Rights"

Do some research of your own---- See Frost Trucking Co v Railroad Comm 271, US 583,589--also Terral v Burke Construction Co, 257 US 529,532

Happy Holiday!

Neither case pertains to driver licenses, so how about you cite a case where somebody has won this way? I know you know there isn't one. DMV and State governments are stupid, but not retarded.

 

[acesfull]

Neither case pertains to driver licenses, so how about you cite a case where somebody has won this way? I know you know there isn't one. DMV and State governments are stupid, but not retarded.

Let me guess, you believe that traveling in an automobile is a state granted privilege and not a constitutional right.. A true statist.

 

[mrsat_98]

The cop has no probable cause to stop you.

What state was this in ?

 

[acesfull]

The cop has no probable cause to stop you.

What state was this in ?

NJ-- One of the least constitutional states in the country.... Where traffic court are kangaroo courts that are only interested in fines, and fee's and NOT JUSTICE.

Regards
ACESFULL