[ale] OT: U.S. National Identity Cards All But Law

[Michael B. Trausch]

Aditya Srinivasan wrote:
> On Thu, 12 May 2005, Michael B. Trausch wrote:
> 
>>And you can (if you know the right affirmative legal defense) even drive
>>(regularly) on a State ID so long as you're not a taxi driver, chauffer
>>(sp?), or other driver making money for the actual driving.
> 
> So what is the legal defense ?
> 

That the fact that a ticket was issued to someone for speeding or not
having a license, is an unlawful ticket based on the fact that only
driving for the purpose of commerce is and can be "regulated" -- the
exactness of it is reliant on sections of the UCC, which I don't have
handy to quote.  If I weren't so busy I could actually look it up and
cite it and everything for you, but for now, all I can say is that when
you pull it in court, (and it must be a court of record; standard
traffic court is not so you need to file a motion to move it to such a
court), the Judge typically gets a rather amused/worried look on their
face, because as much as they'd like to throw you out for it, they can't
because they're on the record, and the record would show it, and that
would hand over a HELL of a lot of power to you to go run away with and
squeeze more.

Essentially, it comes down to filing a motion to dismiss the matter
based on the fact that it's based on law that wasn't applicable at the
time of the alleged "violation".

	- Mike

-- 
Michael B. Trausch                               <fd0man at gmail.com>
Website: http://fd0man.chadeux.net/     Jabber: mtrausch at jabber.com
Phone: +1-(678)-522-7934              FAX (US Only): 1-866-806-4647
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