Friday, February 6, 2015

My Speeding Ticket story

You know it.  Just when you were relaxed, enjoying the radio and driving down a country highway in bliss, the lights flash and you get pulled over for speeding.  Happens to me all the time.  Not that I am trying to see how fast I can go, I am just a lead-foot.
I recently came back from a trial for a ticket I got while traveling through Kendrick on my way to thanksgiving dinner with relatives.
It was dark and foggy and I simply missed the signs.  My Tom-Tom navigator was of no help.  It seems those country highways have almost no speed data on them - how convenient!
Rather than use tricks to try to "get out" of the ticket, I decided to just lay out my heart to the judge on why I think the law is just WRONG.
I may as well have been arguing with a wall, though this judge was pretty nice to me, he still gave me the fine.
I thought I did a pretty good job trying to avoid jurisdiction and explaining to the judge where legitimate authority in law comes from.
A free society requires a just government.
A just government gets all its powers from the consent of the governed.
This is granted through constitutions, and individual contracts.
So, for a law such as a statute to have lawful force, it must fall into one of the following classes of law:

  1. Someone was injured or property stolen/damaged or rights abused - that's common law.  There is no crime if there is no victim - speeding tickets don't address any damaged party.
  2. Someone broke a promise or made one badly - that is Equity - a prosecutor in a speeding ticket must produce a contract that grants the state rights over the individual.  Prosecutors can't do this because if they say that your driver's license signature (something the DMV will tell you is just for identification) is a promise to obey the Motor Vehicle Code.  However this contract is both fraudulent (full disclosure of this fact is never made by the state when you get a license) and coerced (try driving without one and see what happens).  If they point out that you are property of the state through your birth certificate or via your parent's marriage license - well then they have really let the cat out of the bag!
  3. There is an emergency in which case government gets authority by necessity.  Currently this is the case in this country - a well kept secret.
I thought this was perfectly clear - but neither the prosecutor or the judge could see that a statute is just a rule for the state's own stuff.  They just can't see it.
Their logic was finally made clear at the end of the trial.  Because the government built the roads (from funds extracted from taxpayers at gunpoint) they logically have the right to regulate their use.
I explained that travel is a fundamental right and that forcing licensing of this right converts a right into a privilege.  The judge just looks with a blank stare as if what I said simply could not be true or was incomprehensible.
I will soon get the recording of the whole trial which I think will prove to be interesting.  I hope to appeal the decision - but I'm not sure I have a chance in hell of winning.  Too bad I can't get Jeannie Mucklstone to do it for me!

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