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FACTS ABOUT RELATED LAWS

PLAY HARDBALL WITH YOUR TRAFFIC CASE

Facts About the Laws of Governance in Our United States of America and Traffic Regulatory Laws in Particular

Have you received one or more traffic tickets citing violations of the traffic regulatory laws of your state or local government?

        You can get any traffic ticket charging you with violating traffic regulatory law violations dropped from the traffic court docket of business!

         IT DOESN'T HAVE TO BE WHO YOU KNOW!
Believe it or not, getting respect at your city hall or county courthouse will depend on what you know.

But, you don't have to be politically well connected at city hall or the courthouse to get your case dismissed. Instead with sufficient political and law literacy (also known as jural literacy), you can gain the knowledge and master the skills of argument to defeat traffic citations in traffic courts.

IS AMERICA GOVERNED BY THE RULE OF LAW OR THE RULE OF WILLFUL MEN (AND WOMEN)? 

Do you know the  difference?

Wouldn't it seem irresponsible for a citizen to allow his public officials to engage in acts of lawlessness? Isn't everyone for ever preaching the reason America is so "gosh darn special" is because we are a nation governed by the "Rule of Law?" Aren't we constantly getting that message through every conduit of the print and electronic media and every other social and education institution across the land?   Hasn’t  America trucked itself off to foreign lands on many past occasions in order  to “free” other peoples from the terrible “yoke of tyranny” upon the premise others deserve to enjoy the benefits of the Rule of Law just like us lucky Americans?

Know what is meant by the expression Rule of Law?

It means there must be a single standard of law to which all American citizens are equally subject. It means there can be no dual standard under the Rule of Law.  It means that just as Joe and Jane Citizen is expected to obey the law, likewise, every official and bureaucrat in government must obey the laws when performing the duties of office.

Do you believe that’s the way the program really plays in America’s courtrooms?  If so, then you are one of America’s unfortunate innocents!  But don’t feel picked on by such a comment, after all, you will find yourself in the majority.  However, innocence is the child of ignorance.  And most American’s are deeply ignorant and uncaring in matters of political law, constitutional law, and law generally.

We Americans are a curious lot.  We engage in a continuous hue and cry about lawlessness in our streets, but seem totally oblivious of lawlessness in the legislative, executive, and judicial departments of our governments. Wouldn't you like to hold your public office holder accountable to the Rule of Law when you're charged with violating traffic regulatory statutes and ordinances?

Fact is our American nation is founded upon principles of the Rule of Law unique to the this nation’s experience, but in practice we allow ourselves to be ruled under a lesser standard. The facts are a double standard of law is practiced daily at the local, state, and national levels of governance. No where is this more obvious than in Traffic Court.

Traffic courts always take short cuts with your due process rights to include your right to be fully informed of the nature and cause of the charges. Traffic courts pay lip service to your right to due process because the "good hands" people down at the Courthouse and City Hall -- your supposedly faithful public servants -- are more interested in efficiency and getting on with their personal political and business agendas than they are in your fundamental right to due process of law or any of your other unalienable rights as an American.  As Thomas Jefferson once said, “A certain rottenness begins when a man decides to run for public office.”

Properly argued, due process violations alone are grounds for dismissal of a traffic court case.

AUTHORITY IS TOO OFTEN PRESUMED TO EXIST WHEN ACTUALLY THERE 

IS NO LAWFUL OR LEGAL BASIS FOR IT

Our public servants have the burden of proving their authority whenever they presume to act in official capacity.

The citizen is a fool who doesn't demand proof of authority whenever the occasion demands it.

Are we a nation of fools?

Do not be offended by the question.
Instead think carefully about your answer.

The American scheme of governance is wholly dependent on a body of political philosophy – theory, if you prefer the term – literally a set of political principles. These principles are not found in any other nation's scheme of governance. Because these principles are the unalterable bedrock political doctrine of the nation, they must be recognized as the political facts upon which our local, state, and federal governments and all law therein must rely in order to have the authority of law. In America, there can be no Rule of Law which is not compatible with these principles.

But one of the great tragi-comedies of modern America is our public servants are too often as politically and jurally illiterate as the people-at-large regarding the political fundamentals upon which all law and authority to govern depend.

It is a tragi-comic fact, our public servants rarely receive proper training regarding the limitations of their authority to include the limitations of their law making, their law administration and their law enforcement. You can discover for yourself, they are more often than not as ignorant of the Rule of Law principles which define their official authorities as are Joe and Jane Citizen.

ONLY YOU CAN COMBAT LAWLESSNESS IN YOUR INDIVIDUAL CASE

Whenever you receive a traffic ticket, you are being handed an opportunity to combat lawlessness in government. It is lawlessness by your public servants to charge you with violation of laws to which you are not subject in the first place. There are several grounds upon which such challenges can be raised in your individual traffic court case.

Those challenges must be answered or your right to due process of law is violated. Furthermore, your right to be fully informed of the nature and cause of the charges is also most certain to be violated. In the name of efficient government, lawlessness in traffic court always rears its ugly head in several different ways. Any one of these individual issues regarding lawful authority represents grounds for dismissal of your case.

By appropriate review of this subject, whole new insights regarding the limits of authority in traffic court will become evident. With appropriate knowledge and ability to argue the knowledge, any traffic court proceeding can be challenged on grounds it lacks subject-matter jurisdiction to hear and make rulings regarding charges of violating local and state traffic regulatory laws.

By such means any charge of violation of traffic regulatory law (any traffic ticket) can be banished to the pages of history while your personal records in all those government agency computer databases remain untarnished by your encounter with public servants improperly or falsely representing themselves to be "the law."

In similar manner you can save yourself the grief that often comes when over zealous and criminal-minded "law enforcement officers" charge you with cooked-up criminal law violations in connection with a traffic stop/detention. Crime must be nipped in the bud, must it not? Isn't that what America's politicians and other "public-spirited" citizens are for ever mouthing? What could be more important than fighting crime when it is committed in "the name of the law?" Especially when you're the victim!

IT IS FATAL TO PRESUME YOU KNOW
THE LAW

It is equally fatal to presume your public servants
know the law.

Americans are every day and in every way
victims of their own presumptions.

TRAFFIC REGULATORY LAWS
ARE NOT LAWS
TO WHICH
YOU ARE AUTOMATICALLY SUBJECT

Believe what ever you like, that is one right even the witless are permitted to enjoy,
but you have only yourself to blame if you feel trapped in the
traffic court turnstile and naïvely assume you are subject
to the law which brought you there in the first place.

In every state of the Union, traffic regulatory laws are legislative schemes which, by the wordings employed, cast illusions they are a part of your state's general laws to which everyone is equally subject.

While it is true that state legislative bodies are the people's delegated representatives to make laws in their state, it is also true such law making powers must absolutely conform with the nation's fundamental political principles.

That means your delegated law makers do not have unlimited, a.k.a. carte blanche, powers to make any laws they like. It means those laws must comply with the nation's fundamental political principles. This unalterable political fact is usually expressed by supreme court justices and appellate court judges, state and federal, in language intended to convey that the people's state constitutions and U.S. Constitutions are the ultimate source of authority.

But there is more to the story than the courts usually care to dwell on.  This is one reason why state and U.S. Supreme Court rulings can be so confusing and often misleading to the lay public.  It is unalterable political fact that the people are the ultimate source of authority for all political power upon which our nation's state constitutions and our U.S. Constitution are dependent.

And from this last unalterable political fact comes the unalterable political fact that those holding public offices must be able to trace the authority they presume to exercise back to original delegation from the people through the language of their state constitutions and their U.S. Constitutions.

Public office holders have no powers if they cannot prove the delegation of those powers. But it is up to you to challenge such authorities when they are exercised against you in your individual case.

Sad to say, it is rare when our justices and judges reveal the whole story regarding the real nature of governing authority in their opinions/rulings. Such is the case whether the issue in question involves prosecution of an alleged traffic violation or whether it is one of the thousands of other regulatory authority matters in which your public officials proceed upon a presumption of existence of "police power."

We must learn to be very aware that justices and judges in their rulings never say more than they believe they need to say in order to "sell" their opinion/rulings to the public.

This unfortunate truth about the nature of court rulings means we must always use care in assuming our supreme courts and appellate courts are necessarily watching out for us where ensuring law makers, law enforcers, and prosecutors and judges are not exceeding their constitutional authorities is concerned.

Fact is every state legislature has gotten itself into the business of creating many legislative schemes that are in their nature each a separate body of administrative law. Your state's traffic regulatory laws are an example of one of those bodies of administrative law in your state. They are not "general laws" in the sense you may think to which everyone is automatically subject.

You will learn each body of administrative law is designed for a specific purpose and what is more each is designed to regulate only specific classes of persons, things or activities. You will discover these types or classes of governing schemes are always represented to Joe and Jane Citizen as designed to serve the general welfare of the entire state body politic – the people.

Such is the case with your state's traffic regulatory laws. And you will also discover each such governing scheme invariably serves specific special interest groups providing valuable political and economic privileges and franchises to them which are not available to the public at large.

But again, such as with the traffic regulatory scheme, the people are often mislead to believe that all the people are subject to the authority and provisions of law within the particular administrative jurisdiction when such is not the case at all.

Each of these separate bodies of administrative law defines a specific administrative jurisdiction intended to regulate a specific body of subjects or objects. Therefore, specific agencies, often called departments, commissions, bureaus, or the like, are created to exercise regulation of a specifically defined class of activity.   This means, that by the will of an enacting legislative body, the class of activity presumptively becomes the subject or object of a specifically defined administrative jurisdiction.

Regulatory authority is a form of exercise of a state’s police power, but contrary to popularly held notions, the common law Doctrine of Police Power provides no blanket authority to any legislatively created regulatory jurisdiction.  Your state’s traffic regulatory law scheme is one example.  This means you are not automatically subject to your state’s traffic regulatory laws or any other body of regulatory laws enacted by your state and local legislative bodies.   You must understand that the Doctrine of Police Power does not automatically embrace the administration and enforcement of your  state’s traffic laws or any other body of regulatory laws, notwithstanding widespread ignorance and misrepresentations of this politically unalterable point of law in our nation’s traffic courts and elsewhere in our American governments.

You will find upon making a knowledgeable investigation of your state's public records, that the traffic regulatory laws enacted by your state legislature for state-wide enforcement were enacted as a specific body of administrative law and that said legislature created its own quasi governing office, which you will find described as an administrative agency, to administer and enforce said laws. In Florida, for example, they style this legislatively created agency as the Department of Highway Safety and Motor Vehicles.

You will find your state legislature has similarly created a state agency to administer and enforce your state legislature's traffic regulatory law scheme with no constitutional authority expressed as the will of the people in your state constitution – constitutional law language appearances to the contrary notwithstanding.

In similar fashion, every state legislature presumes to have authority to delegate some of its traffic regulatory authority to local government legislative bodies and these legislative creatures enact local traffic regulatory ordinances. Neither are these local ordinances general laws to which every citizen is automatically subject.

Laws created by local legislative bodies, for example, county commissioners, aldermen, etc. are subject to the same constitutional constraints as is your state legislature. Such laws, whether described as municipal laws or code, county ordinances, or the like, must meet the same state constitutional burdens that validly enacted state laws must meet. They never do.

Rarely are traffic citations issued charging persons with traffic law violations who are actually subject to the provisions allegedly violated. The reasons are several and you would be well served by informing yourself in these particulars.

All of the above is introduced and explained in the 3-volume WIN YOUR TRAFFIC CASE: a.k.a. Travel as of Right workshop books along with the many other particulars one must understand regarding the business of being fraudulently charged with violating traffic regulatory laws and how to defeat such charges by getting them dropped altogether.

NO AMERICAN IS ABOVE THE LAW

Even when serving in public office,
every American is subject to
the Rule of Law.

POINTS OF LAW YOU MUST KNOW IF YOU ARE NOT TO BE VICTIMIZED BY YOUR OWN PUBLIC SERVANTS

A few points you should clearly understand about your state's traffic regulatory scheme and its enforcement:

1. Whenever you are issued a "traffic ticket," you are more commonly presumed guilty until you can prove your innocence. If you have experience with "traffic courts," you will be familiar with this fact. It is what makes traffic courts so efficient. However, this is a lawless reversal of one of the key fundamentals of American due process of law. In all civil and criminal matters we are to be presumed innocent until proven guilty. The burden in neither civil or criminal matters is on the defendant to prove he is innocent of the claims and charges made by the plaintiff. This and all else that goes on in traffic court is denial of your American birthright. Never must the burden of proving innocence be allowed to rest on the shoulders of the defendant. This issue alone is grounds for getting your case dismissed.
2. Which brings us to our second point. Adequate investigation of the authority of law in your state is certain to reveal that traffic courts in your state do not have authority to hear charges of violating the traffic regulatory laws to begin with. This is a subject-matter jurisdiction issue. There will usually be found not one, but several, grounds why your traffic court doesn't have subject-matter jurisdiction to hear and make rulings on traffic regulatory law-related charges brought against you. There is no more important ground for getting your case dismissed than lack of subject-matter jurisdiction. It means the court has no authority to hear arguments regarding whether you are guilty or innocent of the charges in the first place. This is the issue which must always be raised first. The court must prove its subject-matter jurisdiction once the issue is raised before there can be any further proceedings. They almost never do. Yet it is irreversible error when they don't answer your properly made challenge of their subject-matter authority. If your case is not dropped, your traffic court judge and prosecutor can be held personally accountable, but it is up to you to learn how to do this.
3. Which brings us to our third point. When traffic courts fail to dismiss a case upon failure by the judge and prosecutor to answer a properly made challenge of subject-matter jurisdiction, they set themselves up for obstruction of justice charges. Obstruction of justice is a serious matter and no judge can claim judicial immunity, nor prosecutor claim prosecutoral immunity, when they obstruct justice. Lawlessness in government must be countered with knowledge of how to confront disrespect for constitutional limitations of their public offices by "criminal justice practitioners" who either out of ignorance or from pompous arrogance ignore the "Rule of Law." Remember, there can be no double standard where law and governing authority are concerned.

You can keep a perfect "driving record" by having no points on your driver license, if that is your goal. In so doing, you can avoid paying so-called high risk insurance premiums which may result from too many points on your record, or suspension of your "driving privilege" or other administrative actions.

Or you can use the public roadways with no state-issued driver license, vehicle registration, or mandatory insurance.

Our goals differ. Some of us feel it is an invasion of our right to privacy to have motor vehicle records bouncing recklessly around in public and private data bases beyond anyone's ability to control.

There is no getting around the New State of Madness ushered in by present day science and technology in which the ability to snoop, spy, and, thus to collect data on every facet of each American’s life is engaged with total abandon by Corporate America and every agency creature and department of local, state, and federal governments.

Only the foolish, the unsophisticated, and the ignorant do not comprehend the uncontrollable tyranny and ultimate societal meltdown which looms in a world where there is no technological limit to data collection coupled with no corporate or government accountability for interpretation of virtual records, no corporate or government accountability for access to these virtual records, no corporate or government accountability for the irreparable damage, harm or injury to the individual with respect to his life, liberty and property because of the inherently uncontrollable use and misuse of these virtual records.

Therefore, only the foolish, the unsophisticated, and the ignorant imagine they can hide from the Brave New World ushered in by high technology; but, the not-so-foolish and the knowledgeable American can prevent the accumulation of virtual records which reflect a negative image of his driving record by learning how to successfully challenge every traffic ticket which he receives.

THE RULE OF LAW IS AVAILABLE ONLY TO KNOWLEDGEABLE PERSONS

No one gets a free ride.

Whether you are serious about getting your traffic ticket dismissed, or can't be bothered with all the effort
connected with being a responsible citizen, you will get what you bargain for.

PRACTICE YOUR BIRTHRIGHT

What's the difference between being an American and being a citizen of any other country in the world, if you don't exercise your American birthright?

You need not be a victim of government-sanctioned criminal abuse.

INTRODUCE YOURSELF TO YOUR RIGHT TO RESPONSIBLY USE THE PUBLIC ROADWAYS
WITHOUT BEING VICTIMIZED BY OUT-OF-CONTROL PUBLIC SERVANTS

LEARN HOW TO AVOID GETTING "TRAFFIC TICKETS" IN THE FIRST PLACE

Learn how to handle a traffic "stop" so that most often the officer will decide you are not a proper subject for his issuing a traffic ticket in the first place. When this step is mastered, the occasions when you are charged for alleged violation of traffic regulatory laws are likely to become rare events.

LEARN HOW TO BEAT "TRAFFIC TICKETS" IN "TRAFFIC COURT"

Learn how to handle every aspect of a traffic court proceeding. Learn how to compel a prosecutor and a traffic court judge to admit they have no jurisdiction over you and that they are exceeding their authorities.

EXERCISE YOUR RIGHTS!  

Don't complain, be responsible.

Be aware the Declaration of Independence is one of our cornerstone common law constitutional instruments. Be aware, it is part of the American peoples' so-called unwritten constitution – the one you never hear about, but upon which our written state and national constitutions are, themselves, wholly dependent.

Furthermore, be aware our written state and national constitutions are common law documents themselves written in the language of the common law.

Recognize that you must not infringe on the rights of fellow citizens when you exercise your rights.

But neither does "The State" have authority to take liberties with your rights by ignoring the constitutional limitations imposed on all American governing bodies.

The rights of others and your infringement on them is the basis for exercise of police powers by public officials in your local and state governments.

Yet police power can never be lawfully exercised by arbitrary means. Those who presume to exercise a police power must be prepared to show their authority. If they cannot, then they have no proper authority for the exercise.

Want to learn more about all this? Want to know how to read, understand, and argue your state and national constitutions and all legislatively enacted laws to say nothing of your common law which many juristic law breakers would have you believe is dead.

Want to understand how to compel admissions by government officials regarding the limitations of their authority in such legislatively created forums as traffic court?

SURPRISE YOURSELF

It is fatal to presume you or your public servants
know the law.

EMPOWER YOURSELF

In short, take control of your life by acting like a responsible, law abiding citizen and expecting nothing less from your public servants. Be a crime fighter in your community.

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