- Driving, A Right or Privilege?
Well we should all ask ourselves this very question. Then we should ask ourselves, is there any other creature on the planet that has to ask anyone or anything on the planet to have permission to go where one pleases? We should all come up with the same answer which would be NO! So why does human beings, the most intelligent being on the plant, have to ask anyone if they may take their children to school or if they can travel in their own bought and paid for automobile to get to work. You have the right to travel when and wherever one pleases to. That is your God given RIGHT!
We were born inheriting the right to travel where one pleases. The bible says that “God gave man dominion over the fish in the sea and birds of the air, over livestock(?) Over all the earth…… Genesis 1:26.” Know where in that text it states that it was a privilege. That was a right granted by God himself. Even the forefathers of this country had the same spirit when constructing the book that was to govern this country “The US Constitution.” Let’s see how:
Personal liberty largely consists of the Right to locomotion-to go where and when one pleases-only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. (2nd Am.Jur. (1st Series), “Constitutional Law”, Sec. 329, pg. 1135
The use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived.
Chicago Motor Coach v. Chicago, 169 NE 22
Ligare v. Chicago, 28 NE 934
Boon v. Clark, 214 SSW 607
25 Am.Jur. (1st Series), “Highways”, Section 163
In conclusion I would have to say traveling is your right. A Privilege merely means that without someone granting you that privilege you would not be able to exercise whatever you aspire to do including Driving (please see legal term License in Barron’s Law Dictionary).
- Does Traffic Court Require a Verified Complaint?
Absolutely! The court only has jurisdiction if it possesses it. This is a vital topic in our Traffic Academy. If there is a plaintiff in the case against you (even a traffic case) there must be a complaint filed against you. That complaint is initiated by the plaintiff. Everything in the complaint must be verified by district attorney officer. Without this verification there is no reason for you to be in court.
For more information on this subject you may register for our next Ticket Master Academy.
- Is the Cop only the witness?
Yes the cop is the Witness not the plaintiff. Remember that the plaintiff is the person that is complaining that you injured them in some way. Now did you injure the cop in any way when you received the citation? In most cases I’m sure you didn’t. So how can the cop be anything else but the witness?
Secondly the plaintiff files the complaint against you. Did the cop file one too? No! All cops file a Ticket or Notice to Appear with the court in Traffic cases.
So, the cop cannot be anything other than a witness in your Traffic case.
- Do I still have to pay Camera Ticket?
If you receive a Camera Ticket within Los Angeles city after July 31, 2011, NO! Unfortunately if you receive a Camera ticket before this date or in any other city yes. Most people think that the camera laws were banned in Los Angeles County. Not true! They were only deemed unconstitutional by the Mayor of Los Angeles.
So if you need assistance with a camera ticket you may register for our upcoming Traffic Academy.
- You cannot go to jail for an Infraction?
Infractions are offenses not punishable by imprisonment according to the laws of the State of California. So if you have an infraction case (most common in Traffic Cases), remember they can’t place you in jail for your citation(s). On the other hand if you miss the date to respond to the ticket, you can make a simple situation tough. Failure to Appear carries a Misdemeanor charge. Misdemeanors are punishable by imprisonment. So by all means stay on top of your court dates.
- What does parking really mean?
Parking does not have the same meaning to the average citizen as it may to the Parking Bureaus. No it does not mean that you stopped you car, placed it in park, got out of your car and left it standing. Here is what it means to the State of California;
Pursuant to C.V.C. § 463: Parking shall mean the standing of a vehicle, weather occupied or not, otherwise than temporarily for the purpose and while actually engaged in loading or unloading merchandise or passengers.
California Vehicle Code, Section 463
In order to fully understand what Parking means, we have to break down the key elements MERCHANDISE and PASSENGERS.
Merchandise: All goods which MERCHANTS usually buy and sell…ware or commodities such as ordinarily the objects of trade and commerce.
Black’s Law Dictionary 5th edition
Ask yourself, were you buying things to sell when you were issued citation? Probably not! Secondly, only MERCHANTS have MERCHADISE so let’s see what is a MERCHANT?
Merchant: One who is engaged in the purchase and sale of goods; a trafficker; a retailer; a trader.
Black’s Law Dictionary 5th Edition
Now let’s see what Passenger means.
One who gives compensation for a ride.
Black’s Law Dictionary 5th Edition
Are you employed as a Taxi driver, a bus driver or a limousine driver? In other words did anyone pay you to ride in your car? If the answer is NO then the term parking does not apply to you. Therefore you may have been issued a PARKING CITATION in error.
- Should I hire an Attorney or go Pro Per?
GO PRO PER! Why? Attorneys are not on your side. Legally they can not be on your side. Attorneys work with and for the courts directly or indirectly. Why would an attorney plea bargain with the court on your behalf instead of doing what he or she can to get your case dismissed? I’m sure that you would rather have your case dismissed instead of fifty hours of community service. Right?
Now how do we know this? Well there is a book called Corpus Juris Secundum which is an encyclopedia of laws for the US and it states all attorneys must adhere to. The applicable areas of this encyclopedia are as follows;
BAR Attorney’s first duty is to the court, not the client.
Corpus Juris Secundum, Chapter 7 Section 4
Clients are wards of the court.
Corpus Juris Secundum, Chapter 7 Section 2,3
Wards of the court are infants and persons of unsound mind.
Davis’ Committee v. Lonely, 290 Ky. 644
162 S.W.2d 189, 190
Black’s Law Dictionary, 5th Edition “Wards of the court.”
Your attorney’s duty is not to get your charges dismissed. He/she is there to please the court first. This is the reason why they rather cut a deal.
You have your best interest at heart, so go PRO PER!
- Paying fines before trial, equals due process violations?
What is the punishment if you are found guilty in your traffic/parking case? The fine right? So if you were forced to pay the fine and you haven’t even gone to trial, isn’t that punishing you before trying you? Of course it is. The constitution provision DUE PROCESS is in opposition of this criminal judicial practice of today.
Here is how:
Due Process: The essential elements of Due Process of law are…Notice and opportunity to defend.
Simon v. Craft, 182 U.S. 427
By Due Process is meant a law which hears before it condemns which proceeds upon inquiry, and renders judgment only after trial.
Daniel Webster, Dartmouth College Case,
State v. Strasberg, 110 P. 1020
This is only a few examples of how paying the bail contrasts with your right to DUE PROCESS. To learn more on this subject, we suggest that you register for our upcoming Traffic Academy.