Notice To Peace Officers Requesting A Driver
Notice To Peace Officers Requesting A Driver
Notice To Peace Officers Requesting A Driver
This is a Private automobile- exempt from commercial motor vehicle regulations and statutes, protected
by the constitution of these united states, and upheld by supreme and appelate courts in each and every
state of these united states.
MY STATEMENT;
The supreme court has upheld that if a public servant violates his oath to protect the constitution, and
the citizen, he is no longer acting in official capacity. If you issue citations, illegally arrest, assault,
detain, kidnap, or commit theft upon me, you will be prosecuted to the fullest extent of the law.
If you are unfamiliar with any of the terms or legal definitions in this affidavit, please call your
supervisor.
If this is a “traffic stop” you’ve got the wrong automobile, I do not now and will not in the future traffic
goods, or commodities of any kind. I travel the roadways in pursuit of life and liberty, not corporate
gain.
My automobile is not a “motor vehicle” or “vehicle” it is not used in the operation of any commerce, it is
not used to haul passengers or freight for monetary gain. It is my automobile, and is my personal
property – an extention of my household
I am not a “driver” who “operates” a “motor vehicle”. ( "Driver -- One employed in conducting a
coach, carriage, wagon, or other vehicle..." Bovier's Law Dictionary, 1914 ed., p. 940.)
A driver is a person for hire using the roadways as his place of business, hauling freight, or passengers
for monetary gain. I am not employed as a driver, and i do not “operate” any “vehicle” or “motor
vehicle” governed by “transportation” code. “transportation” is the act of transporting, for monetary
gain. I am merely a traveler in my automobile.
I am not a carrier for-hire. I am a private citizen going about my daily activities exercising my unaliable
right to travel.
I noticed red lights declaring an emergency, which is why i pulled to the side. If there is an emergency
and my help is needed, please notify me, and i will help if i am able. If there is no emergency please tell
me why I am not free to go. (I am not about to, nor am I now, and I did not Just recently Commit any
crime.)
Included below are several examples, Definitions, Citations of Supreme court rulings and other
EVIDENCE. “Driver’s License” is a Permission issued to anyone using the roads in commerce.
" ‘‘Motor vehicle’’ means every description of carriage or other contrivance propelled or
drawn by mechanical power and used for commercial purposes on the highways in
transportation of passengers, passengers and property, or property and cargo; ... ``Used
for commercial purposes'' means the carriage of persons or property for any fare, fee,
rate, charge or other consideration, or directly or indirectly in connection with any
business, or other undertaking intended for profit[.]" 18 U.S.C. 31.
"The Supreme Court, in Arthur v. Morgan, 112 U.S. 495, 5 S.Ct. 241, 28 L.Ed.
825, held that carriages were properly classified as household effects, and
we see no reason that automobiles should not be similarly disposed of."
Hillhouse v United States, 152 F. 163, 164 (2nd Cir. 1907).
"Automobile purchased for the purpose of transporting buyer to and from his
place of employment was ``consumer goods'' as defined in UCC 9-109." Mallicoat v Volunteer
Finance & Loan Corp., 3 UCC Rep Serv 1035; 415 S.W.2d 347 (Tenn. App., 1966).
"The provisions of UCC 2-316 of the Maryland UCC do not apply to sales of
consumer goods (a term which includes automobiles, whether new or used, that
are bought primarily for personal, family, or household use)." Maryland
Independent Automobile Dealers Assoc., Inc. v Administrator, Motor Vehicle
Admin., 25 UCC Rep Serv 699; 394 A.2d 820, 41 Md App 7 (1978).
"[A] yacht and six automobiles were ``personal belongings'' and ``household
effects[.]''" In re Bloomingdale's Estate, 142 N.Y.S.2d 781, 782 (1955).
In re Bloomingdale's Estate, 142 N.Y.S.2d 781, 782 (1955).
RIGHT TO TRAVEL
No person shall be...deprived of Life, Liberty, or Property without due process of law.
As previously demonstrated, the Citizen has the Right to travel and to transport his property
upon the public highways in the ordinary course of life and business. However, if one
exercises this Right to travel (without first giving up the Right and converting that Right into
a privilege) the Citizen is by statute, guilty of a crime. This amounts to converting the
exercise of a Constitutional Right into a crime.
"When rights secured by the Constitution are involved, there can be no rule
making or legislation which would abrogate them." Miranda vs. Arizona,
384 US 436 p. 491.
History is clear that the first ten amendments to the Constitution were adopted
to secure certain common law rights of the people, against invasion by the
Federal Government." Bell v. Hood, 71 F.Supp., 813, 816 (1947) U.S.D.C. --
So. Dist. CA.
"The state cannot diminish Rights of the people." Hurtado vs. California, 110
US 516.
IN ADDITION:
Since no notice is given to people applying for driver's (or other) licenses that they have a
perfect right to use the roads without any permission, and that they surrender valuable
rights by taking on the regulation system of licensure, the state has committed a massive
construction fraud. This occurs when any person is told that they must have a license in
order to use the public roads and highways.
The license, being a legal contract under which the state is empowered with policing powers
is only valid when the licensee takes on the burdens of the contract and bargains away his
or her rights knowingly, intentionally, and voluntarily.
Few know that the driver's license is a contract without which the police are powerless to
regulate the people's actions or activities.
Few if any licensees intentionally surrender valuable rights. They are told that they must
have the license. As we have seen, this is not the case.
No one in their right mind voluntarily surrenders complete liberty and accepts in its place a
set of regulations.
"The people never give up their liberties but under some delusion." Edmund Burke, 1784.
SURRENDER OF RIGHTS
"...the only limitations found restricting the right of the state to condition the use of the
public highways as a means of vehicular transportation for compensation are (1) that the
state must not exact of those it permits to use the highways for hauling for gain that they
surrender any of their inherent U.S. Constitutional Rights as a condition precedent to
obtaining permission for such use..." [emphasis added] Riley vs. Laeson, 142 So. 619;
Stephenson vs. Binford, supra.
If one cannot be placed in a position of being forced to surrender Rights in order to exercise
a privilege, how much more must this maxim of law, then, apply when one is simply
exercising (putting into use) a Right?
"To be that statute which would deprive a Citizen of the rights of person or property,
without a regular trial, according to the course and usage of the common law, would not be
the law of the land." Hoke vs. Henderson, 15 NC 15.
&
"We find it intolerable that one Constitutional Right should have to be surrendered in order
to assert another." Simons vs. United States, 390 US 389.
Since the state requires that one give up Rights in order to exercise the privilege of driving,
the regulation cannot stand under the police power, due process, or regulation, but must be
exposed as a statute which is oppressive and one which has been misapplied to deprive the
Citizen of Rights guaranteed by the United States Constitution and the state constitutions.
"As general rule men have natural right to do anything which their
inclinations may suggest, if it be not evil in itself, and in no way
impairs the rights of others." In Re Newman (1858), 9 C. 502.
"Right of transit through each state, with every species of property known to
constitution of United States, and recognized by that paramount law, is
secured by that instrument to each citizen, and does not depend upon
uncertain and changeable ground of mere comity." In Re Archy (1858), 9 C. 47.
"First, it is well established law that the highways of the state are
public property, and their primary and preferred use is for private
purposes, and that their use for purposes of gain is special and
extraordinary which, generally at least, the legislature may prohibit
or condition as it sees fit." Stephenson vs. Rinford, 287 US 251;
The right to travel is a part of the "liberty" of which the citizen cannot be
deprived without due process of law under the Fifth Amendment.
So much is conceded by the solicitor general. In Anglo Saxon law that right
was emerging at least as early as Magna Carta. Kent v. Dulles, 357 U.S. 116,
125.
“The use of the highway for the purpose of travel and transportation is not a
mere privilege but a common and fundamental right of which the public and
individuals cannot rightfully be deprived.”
Chicago
Motor Coach v. Chicago, 337 Ill. 200, 169 NE 22, 66 ALR 834. Ligare
"The right of the citizen to travel upon the public highways and to transport his property thereon, either
by a carriage or automobile, is not a mere privilege which a City may prohibit or permit at will, but a
common right which he has under the right to Life, Liberty and the Pursuit of Happiness."
"Even the legislature has no power to deny to a citizen the right to travel
upon the highway and transport his property in the ordinary course of his
business or pleasure, though this right may be regulated in accordance with
public interest and convenience. Chicago Coach Co. v. City of Chicago, 337
Ill. 200, 169 N.E. 22, 206.
"... It is now universally recognized that the state does possess such power
[to impose such burdens and limitations upon private carriers when using the
public highways for the transaction of their business] with respect to common
carriers using the public highways for the transaction of their business in the
transportation of persons or property for hire. That rule is stated as
follows by the supreme court of the United States: 'A citizen may have, under
the fourteenth amendment, the right to travel and transport his property upon
them (the public highways) by auto vehicle, but he has no right to make the
highways his place of business by using them as a common carrier for hire.
Such use is a privilege which may be granted or withheld by the state in its
discretion, without violating either the due process clause or the equal
protection clause.' (Buck v. Kuykendall, 267 U. S. 307 [38 A. L. R. 286, 69
L. Ed. 623, 45 Sup. Ct. Rep. 324].)
"The right of a citizen to travel upon the highway and transport his property
thereon in the ordinary course of life and business differs radically an
obviously from that of one who makes the highway his place of business and
uses it for private gain, in the running of a stage coach or omnibus. The
former is the usual and ordinary right of a citizen, a right common to all;
while the latter is special, unusual and extraordinary. As to the former, the
extent of legislative power is that of regulation; but as to the latter its
power is broader; the right may be wholly denied, or it may be permitted to
some and denied to others, because of its extraordinary nature. This
distinction, elementary and fundamental in character, is recognized by all the
authorities.”
In Thompson v. Smith, Chief of Police. Supreme Court of Appeals of Virginia. 155 Va. 367, 154 S.E.
579, 71 A.L.R. 604. Sept. 12, 1930 it states:
Constitutional law: Citizen's right to travel upon public highways and transport his property
thereon in ordinary course of life and business is common right. The right of a citizen so to
do is that which he has under his right to enjoy life and liberty, to acquire property, and to
pursue happiness and safety.
Automobiles, Highways: Citizen's right to travel upon public highways includes right to use
usual conveyances of time, including horse-drawn carriage, or automobile, for ordinary
purposes of life and business.
Injunction: Injunction lies against enforcement of void statute or ordinance, where legal remedy is
not as complete or adequate as injunction, or where threatened or attempted enforcement will do
irreparable injury to person in interfering with exercise of common fundamental personal right.
By "irreparable injury" is meant an injury of such a nature that fair and reasonable redress may not
be had in a court of law and that to refuse the injunction would be a denial of justice.