Ticketed for not having paid gov't (vehicle registration)

[Dave Ridley]

85% chance i can be there.  i'm thinking i do a ridley report and request an interview with the troopers....but do not plan to barrell in there rolling as that will make them more hostile toward david.  and me.   

[keith in RI]

try to avoid ending up on the stupid criminal files
and dont drive your car to go meet him! lol no seriously....dont pull up next to the guy and say im not registering my car! as your sitting in it.......it will just lead to more trouble. (in case you havent thought of that lol) you can make a stand but you dont have to hand yourself over on a silver platter, just my 2 cents but good luck!! and please post an update when you can?! and like the other poster said, you shouldnt be surprised your in this mess you did give him a reason to pull you over by having broken tailights.....get em fixed fast!

[David]

My goal is to modify their behavior to encourage them to ignore victimless crimes.  I did not challenge or try to create a situation, but once they initiated the situation, I had to respond. 
Thank you.  I will try to keep the red bulls eye off my car. 

[LiveFree]

An admirable goal.

It seems absurd that government mandates you pay them off every year just to drive your car.  Inspections I can almost understand, but registration is just absurd...

[srqrebel]

Inspections I can almost understand, but registration is just absurd...

Actually, in Florida they do not have mandatory inspections.  Strangely enough, people down there are not randomly crashing into each other due to mechanical failures, as one would surely expect! 

[Russell Kanning]

only 10 states have that rule

[LiveFree]

I never knew FL had no inspections.  I'd say get rid of inspections, too.  I know that for my poor college going self, it's a PITA getting up the money for it every year, so it must be taking food off of someone's table if it's a PITA for me...

[kola]

No car inspections here in Colorado... no helmet laws for motorcycles and it is still quite easy to purchase weapons.

Kola

[David]

final version

On Saturday the 10th, Mr. Sam Ellis, badge number 796, stopped me on route 12 nb.  You requested to see my papers, that is my license and registration.  Once I had cooperated you left with my papers back you your car.  You returned with a ticket in hand for failing or neglecting to have vehicle registered in accordance to some law, presumably made by men who believe they have the right to dictate that I have, and Pay for that registration.
   You then stated that I needed to get the registration or things will go downhill, my car can be towed, (stolen) and that I can be fined (extortion backed up by threat to be imprisoned) my license (permission to drive) can be suspended, and possibly imprisoned. Licensing and registration is nothing but a payoff to the government for permission to drive.  It is clear that it does nothing to stop reckless drivers. 
   In todays automobile centered society, with grocery stores on one end of town, and work on the other, and due to zoning, my home in a third part of town.  If I am unable or unwilling to pay this arbitrary demand, my permission to drive will be taken.  If I continue to drive I take the very certain risk that my car will be stolen, not by carjackers with guns, but by law enForcers with guns.  This will and has, created certain and unreasonable hardships for me, and undoubtedly for thousands of others in the state. 
   
   I do not appreciate the shakedowns for money that the state is using to raise money.  That you were polite and professional in your requests on behalf of the state does not make it appropriate.  You should be ashamed in your role as an enForcer of this 'law', and of other victimless crimes laws such as speeding etc.  You should be ashamed of your willingness to take from people things that do not belong to you or the state to compel obedience to a 'law' when no harm has been done.  You should be ashamed at yourself for your role in arresting peaceful people who hurt no-one, but failed to follow some government dictate, or law.
   I endangered nobody that night, and request that should we meet again, that unless I am harming any person or endangering the safety of those in my roadway vicinity, that we greet each other as neighbors and not antagonists, and ignore the unjust law, that is a pretext for raising money.
   Unjust law should be ignored, by all, specifically by those responsible for their enForcement.  They are minor tyrannies, and as such should be resisted.  You can aid in the resistance of this and other victimless crimes 'laws' by simply choosing to ignore the violations.  Focus rather on those persons genuinely endangering other persons, and of course those actually hurting others or their property.
   Your cooperation would be appreciated in this and all future situations.
   Thank You, Sincerely, and as always...

       


   N. David Krouse-Your friendly, Nonviolent resister.

[srqrebel]

Do you plan on reading the letter out loud to the officer?  If you just hand it to him, chances are pretty good that he will just skim it over and miss important points.  Reading it out loud would also make for more entertaining video.  Just a thought... 

I am heading out there now.  See you there!

[Kat Kanning]

Oh, can I put your letter and a little write up on what happened in the paper?  I hope there's pictures 

[Kat Kanning]

What happened?

[TackleTheWorld]

Two video cameras, and 4 spectators came to back up David.  David had two copies of his complaint.  Trooper Ellis wasn't at the station.  David gave the dispatcher one copy for the trooper and one for his boss the lieutenant.  Pictures soon.

[Russell Kanning]

Lauren gives them silence .... David will bury them in paperwork

[armlaw]

My goal is to modify their behavior to encourage them to ignore victimless crimes.  I did not challenge or try to create a situation, but once they initiated the situation, I had to respond. 
Thank you.  I will try to keep the red bulls eye off my car. 

Perhaps some of what follows will be of interest to your efforts?
consider charges if anyone of them violates their OATH to support the constitution and supreme law of the land.

For years professionals within the criminal justice system have acted on the belief that traveling by motor vehicle was a privilege that was given to a citizen only after approval by their state government in the form of a permit or license to drive. In other words, the individual must be granted the privilege before his use of the state highways was considered legal.

Legislators, police officers, and court officials are becoming aware that there are court decisions that disprove the belief that driving is a privilege and therefore requires government approval in the form of a license. Presented here are some of these cases:

CASE #1: "The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.

CASE #2: "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.

It could not be stated more directly or conclusively that citizens of the states have a common law right to travel, without approval or restriction (license), and that this right is protected under the U.S Constitution.

CASE #3: "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." Kent v. Dulles, 357 US 116, 125.

CASE #4: "The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.

As hard as it is for those of us in law enforcement to believe, there is no room for speculation in these court decisions. American citizens do indeed have the inalienable right to use the roadways unrestricted in any manner as long as they are not damaging or violating property or rights of others.
Government -- in requiring the people to obtain drivers licenses, and accepting vehicle inspections and DUI/DWI roadblocks without question -- is restricting, and therefore violating, the people's common law right to travel.

Is this a new legal interpretation on this subject? Apparently not. This means that the beliefs and opinions our state legislators, the courts, and those in law enforcement have acted upon for years have been in error. Researchers armed with actual facts state that case law is overwhelming in determining that to restrict the movement of the individual in the free exercise of his right to travel is a serious breach of those freedoms secured by the U.S. Constitution and most state constitutions.

That means it is unlawful.

The revelation that the American citizen has always had the inalienable right to travel raises profound questions for those who are involved in making and enforcing state laws.

The first of such questions may very well be this:

If the states have been enforcing laws that are unconstitutional on their face, it would seem that there must be some way that a state can legally put restrictions -- such as licensing requirements, mandatory insurance, vehicle registration, vehicle inspections to name just a few -- on a citizen's constitutionally protected rights. Is that so?

For the answer, let us look, once again, to the U.S. courts for a determination of this very issue.

In Hertado v. California, 110 US 516, the U.S Supreme Court states very plainly: "The state cannot diminish rights of the people."

And in Bennett v. Boggs, 1 Baldw 60, "Statutes that violate the plain and obvious principles of common right and common reason are null and void."

Would we not say that these judicial decisions are straight to the point-- that there is no lawful method for government to put restrictions or limitations on rights belonging to the people?

Other cases are even more straight forward:

"The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice." Davis v. Wechsler, 263 US 22, at 24.

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436, 491.

"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489.

"There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946.

We could go on, quoting court decision after court decision; however, the Constitution itself answers our question - Can a government legally put restrictions on the rights of the American people at anytime, for any reason?
The answer is found in Article Six of the U.S. Constitution:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;...shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or laws of any State to the Contrary notwithstanding."

In the same Article, it says just who within our government that is bound by this Supreme Law:
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution..."

Here's an interesting question. Is ignorance of these laws an excuse for such acts by officials?
If we are to follow the letter of the law, (as we are sworn to do), this places officials who involve themselves in such unlawful acts in an unfavorable legal situation. For it is a felony and federal crime to violate or deprive citizens of their constitutionally protected rights. Our system of law dictates that there are only two ways to legally remove a right belonging to the people.

These are (1) by lawfully amending the constitution, or (2) by a person knowingly waiving a particular right.

Some of the confusion on our present system has arisen because many millions of people have waived their right to travel unrestricted and volunteered into the jurisdiction of the state. Those who have knowingly given up these rights are now legally regulated by state law and must acquire the proper permits and registrations.

There are basically two groups of people in this category:

1) Citizens who involve themselves in commerce upon the highways of the state.
Here is what the courts have said about this:

"...For while a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways...as a place for private gain. For the latter purpose, no person has a vested right to use the highways of this state, but it is a privilege...which the (state) may grant or withhold at its discretion..." State v. Johnson, 245 P 1073.

There are many court cases that confirm and point out the difference between the right of the citizen to travel and a government privilege and there are numerous other court decisions that spell out the jurisdiction issue in these two distinctly different activities. However, because of space restrictions, we will leave it to officers to research it further for themselves.

(2) The second group of citizens that is legally under the jurisdiction of the state are those citizens who have voluntarily and knowingly waived their right to travel unregulated and unrestricted by requesting placement under such jurisdiction through the acquisition of a state driver's license, vehicle registration, mandatory insurance, etc. (In other words, by contract.)

We should remember what makes this legal and not a violation of the common law right to travel is that they knowingly volunteer by contract to waive their rights. If they were forced, coerced or unknowingly placed under the state's powers, the courts have said it is a clear violation of their rights.
This in itself raises a very interesting question. What percentage of the people in each state have applied for and received licenses, registrations and obtained insurance after erroneously being advised by their government that it was mandatory?

Many of our courts, attorneys and police officials are just becoming informed about this important issue and the difference between privileges and rights.

It can be assumed that the majority of Americans carrying state licenses and vehicle registrations have no knowledge of the rights they waived in obeying laws such as these that the U.S. Constitution clearly states are unlawful, i.e. laws of no effect -laws that are not laws at all.

An area of serious consideration for every police officer is to understand that the most important law in our land which he has taken an oath to protect, defend, and enforce, is not state laws and city or county ordinances, but the law that supercedes all other laws -- the U.S. Constitution. If laws in a particular state or local community conflict with the supreme law of our nation, there is no question that the officer's duty is to uphold the U.S. Constitution.

Every police officer should keep the following U.S. court ruling --discussed earlier -- in mind before issuing citations concerning licensing, registration, and insurance:

"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, 489.

Motor vehicle violations are considered by corporate government as a "commercial crime". Violations are addressed in an Unlawful "Admiralty court". See Article 3, Section 2,  of U.S. Constitution, which reserves all "Admiralty Law" to the Federal Courts, not the State courts.