[ale] OT: U.S. National Identity Cards All But Law
Christopher Fowler
cfowler at outpostsentinel.com
Thu May 12 14:17:17 EDT 2005
Are you saying that all the tickets then handed out today is an act of
fraud?
On Thu, 2005-05-12 at 13:59, Michael B. Trausch wrote:
> 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
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