Why it is so hard to win your case
ALL Department of Motor Vehicles (DMV) laws – rules – orders and traffic court proceedings in every state are commercial private law. They are not public law. There is not one constitution that authorizes the creation of the DMV and the application of this private law against the public when they are not using the roadways for commercial purposes. The legislatures’ formed their own private corporation, the DMV, and then they advertised for new members — and most people ignorant of the hidden trap of licensing, automatically signed up.
Because of these private corporation “rules” — none of the constitutional protections, U.S. Supreme Court, or even state court decisions “at law” apply in traffic court. Even the so called criminal traffic penalties are only “QUASI CRIMINAL”. Quasi means “as if it were” or simply “false”. However, they will still put you in a real and not a “quasi” jail when you are convicted of these “quasi” crimes.
The easiest way to reconcile all of this is to think of the DMV as a private country club with branches in every state that permits reciprocal “privileges”. No matter where you happen to be, your membership card (driver license) grants you the same benefits to drive their motor vehicle.
When you applied to this private club you signed an application promising to follow ALL the rules — and if you fail to do so, you agreed, by your signature, to pay the penalty in order to retain your “driving privileges” and license. They even made you take a test — to prove that you understood some of (but not all) the rules.
So when you eventually get stopped by an agent of the DMV (any cop) and you get cited for an “infraction” of the private club’s “rules”, you must sign the traffic ticket, containing a notice to appear, in their private court (or just pay the fine). When you do go in front of the judge all he is interested in and all he will usually listen to is WHEN are you going to pay up as you agreed on your signed license application (a valid contract).
All of your constitutional arguments – supreme court decisions – simply do not apply in traffic court. Only the private rules (administrative law) heard in equity are binding — the laws of the contract you signed to obtain your license and now you are in default. There is almost no defense possible. Well, maybe if you had a identical twin …..
It is almost as if you are trying to go into the country club’s dining room for dinner wearing only a swim suit — the Maitre d’ stops you at the door – and you start arguing your constitutional law and freedoms with him — it would all be meaningless. You must follow the club’s rules as you agreed when you became a member.
You can not simply tear up your driver license or mail it back to the DMV to cancel the contract — the judge, really just a hearing officer for the DMV, is acting under the “presumption” that you are in fact regulated by the DMV as most people who appear before him are…. The way out of this trap is to first file an sworn abatement and tell them that they do not have jurisdiction over you. If you state or ask anything else of the court or file any other papers — you will grant them jurisdiction. The abatement if filed first does not confer jurisdiction. In the abatement you can demand that they produce a valid ORIGINAL binding contract signed by you.
Of course — you also MUST NOT HAVE one of the state’s registration plates bolted on the back of your “car” identifying your car as a “motor vehicle” owned by the state.
The nexus they will use to bind you is — Well you are standing here — and you were driving — so you must be guilty.
You of course must now prove that none of their presumptions are true — notice that the burden of proof has shifted to you the defendant…. and just to make the game more unequal — they will not tell you of their presumptions unless you ask – precisely ask about them. If you do start to get close to the truth then they will change the rules or even the entire court — just to confuse you. If you mis-step anywhere along the way — you automatically lose. The whole system is designed to work against you. Even if you do everything in the process correctly – the judge will still rule you guilty. Of course you can appeal to a higher court for justice — but that game is rigged also ……. and the judge enjoys absolute immunity from lawsuits — so you can not sue him for his crime of extortion.
Here is a nugget of truth to consider — Even lawyers who presumably know the law — have driver licenses. Why ? Because it is simpler than fighting the corrupt system…… even if it is their own system.
You really should appear for cases if in doubt that you need to, and close the record rather than not appear and end up having a warrant issued. Way too many cocky patriots make the mistake. You need to close the “books” on the “charge” so they leave you alone. It is simple and consistent with other strategies we’ve seen. Too many people get cocky and simple don’t appear, thus causing more problems. Judges don’t want this concept known, and BAR attorneys will NOT do this for you. This is something good to do early, before accepting an attorney. It might save you a lot of cash and grief. Keep it simple, do not add to it.
Memorize this just in case, and keep a copy with you wherever you go. In court a woman told these 4 things to the judge – anyone could do this.
First – I do not consent to these proceedings.
Second – Your offer is not accepted.
Third – I do not consent to being surety for this case and these proceedings.
Fourth – I demand the bond be immediately brought forward, so I can see who will indemnify me if I am damaged.
The judge immediately dismissed the case, and told her to leave the court. Someone who had listened also did the same, and was released also. This is why when they see this coming, they put you at the end of the day so others will not see this. This re-scheduling to the end game happens a lot. After the 2nd case like this, the judge told everyone to go home, and he closed court for the day. Said the court will not open until the next day, he then left the court.
Always be ready for them to fight back, but you just go back and repeat those 4 main points, and tell them you cannot proceed until those issues are addressed. They WILL try to move on to other proceedings or get you engaged in other things or issues, so be ready for the tricks to try and distract and dissuade you. Get these 4 items resolved first and stay on point to close the deal in just a few moments.
If they do push you into getting a public defender or a private attorney, accept the public defender then use him to kick the case out of court.
Of course ongoing knowledge of a how to handle jurisdictional and void judgment methods is still needed, in case this goes beyond this first appearance. This strategy is not likely to work in criminal matters where a real damaged party or endangered party is involved.