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).
Even when you do not have a driver’s license or a state registration license plate on your vehicle, when you travel on any public city, state or federal street or highway – you are accepting a benefit (maintained roadway) from the government. There is an implied adhesion contract (this for that) where you agree to abide by all of their laws and rules. This is exactly the same type of one sided contract you find on the internet – where you have to click the “I ACCEPT” button and agree to all of their conditions before downloading an app or program or to enter into a website.
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 and signed the membership agreement.
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 stopped while driving our motor vehicle on our road — 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.
Had enough yet? We can help.
To allow agents of government to exercise powers not granted according to constitutional law, and in violation of the written laws passed by our elected representatives, is to invite chaos and ultimately our national extinction.
Whenever any form of government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. When a long train of abuses and usurpation, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their Right, it is their duty, to throw off such government, and to provide new guards for their future security.
Memorize these 5 points, and keep a printed copy with you wherever you go.
In court at the very begining when the judge first calls your name — tell these 5 things to the judge.
1 – I do not consent to these proceedings.
2 – Your offer is not accepted.
3 – I do not consent to being surety for this case and these proceedings.
4 – I demand the bond be immediately brought forward, so I can see who will indemnify me if I am damaged.
5 – I demand the original signed in ink contract be brought forward and entered into evidence.
The government corporation’s prosecutor – lawyer – cop must enter your original signed contract or commercial agreement into evidence before trying to get the court to enforce its demands, called statutes. Without the original signed contract, enforcement against you cannot take place lawfully . . . unless you do not make these 5 demands and thus consent to allow them proceeding.
The judge should immediately dismiss your case after you make the 5 demands, and will tell you to leave the courthouse.
However, you must be ready for them to fight back or play with you, and if they do, you just go back and repeat the 5 main points, and tell them you cannot proceed until those 5 issues are resolved. They WILL try to move on to other proceedings or get you engaged in other things or issues, so be ready for their tricks to try and distract and dissuade you.
One of their common tricks to distract you – is to claim they do not understand your 5 demands and they ask you to explain it to them. You should reply — I am not here to teach you law – the government requires you to be competent.
Repeat your 5 statements and get these 5 items resolved first to stay on point and close the case against you in just a few minutes.
This strategy works because they do not want to reveal in public that your case is a COMMERCIAL BUSINESS MATTER and they are trying to squeeze money out of you.
According to Federal law 27 CFR 72.11:
Commercial crimes. Any of the following types of crimes (Federal or State): Offenses against the revenue laws; burglary; counterfeiting; forgery; kidnapping; larceny; robbery; illegal sale or possession of deadly weapons; prostitution (including soliciting, procuring, pandering, white slaving, keeping house of ill fame, and like offenses); extortion; swindling and confidence games; and attempting to commit, conspiring to commit, or compounding any of the foregoing crimes. Addiction to narcotic drugs and use of marihuana will be treated as if such were commercial crime.
Many states have their own statutes and these are where you are converted to a person for “commercial use” and Due Process of Law becomes a farce. This strategy will not likely to work in criminal cases where there is a real living damaged party or endangered party involved.
A living man is not subject to any of their statutory law and not within its “contemplation”.
Statutory Law exists only for the creations of Statute—- and not otherwise. That’s why it is called “Statutory Law” applies to artificial persons(corporations), not flesh and blood people, not women or men. It comes from the same Latin root word as State and Status.
State is the level of government that controls the International Jurisdictions of land and sea. This jurisdiction is inhabited entirely by artificial persons— Lawful Persons and Legal Persons. Technically, no living, breathing man exists in these jurisdictions.
I never volunteer to waive any of my rights or adopt any of their offices of personhood.
Tell them to read:
U.S. CONSTITUTION – Article VI. Article IV. Amendment X. Amendment XI.
Here are two cases you can use —- in addition to the Constitution.
“The state citizen is immune from any and all government attacks and procedures, absent contract.” See Dred Scott vs. Sanford, 1856, 60 US (19 How.) 393,
And further the Supreme Court has succinctly ruled,
“….every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowmen, without his consent.” Cruden vs. Neale, 1796, 2 N.C. 238, 2 S.E. 70.
If the judge pushes you into getting a public defender or a private attorney, only accept that attorney after forcing him to enter his state license to practice law (not his bar card) into the record. Then force him to kick your case out of court and if he refuses – then fire him in open court for being corrupt and incompetent.
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.