“An unconstitutional statute, though having the form of law, is in reality, no law and imposed no duties, confers no rights, creates no office, bestows no power on anyone and justifies no actions performed under it.” American Jurisprudence 2d Sec. 256.
“You can defeat . . . any unreasonable traffic citation that is issued you, whether it be a speeding citation, red light citation, expired tags citation, seat belt citation, expired driver license citation, expired insurance, you name it, it can be defeated using this knowledge.”
If
you’re tired of
being a lap dog of the legal system in your city or town, there are
some very simple concepts in law that you can learn which will put the
law on your side
and help you defeat any
victimless
traffic citation you may be issued. If you would like to learn how to
assert your lawful rights while confronting crony corporate government
and win every time without having to go to court, keep reading. . .
When
the term “common law” comes up in conversation
these
days most
people often don’t know what
to make of it. They often erroneously
think of it as being some antiquated form of law that the legal system
in the united States of America once followed in times past, but no
longer does. However nothing could be farther from the truth. This
country
was founded on common law principles, and the maxims of law that make
up the common law (which is actually based on the law of nature or
natural law) are the foundation for all law that mankind has ever
acknowledged, in both the common law and the legislative (statutory)
law arenas.
If there is one thing of which the majority of present day Americans are ignorant, it is both the history and the significance of law as it has developed in our country. In fact, the common law came into existence long before written law (legislative law) or a formalized court system ever existed. The people decided for themselves (based on commonly held ethics and morality) what was to be the law. As such, the common law is truly the law of the people due to the fact that the people themselves agreed in common upon what the law was to be.Dormiunt aliquando leges, nunquam moriuntur. The laws sometimes sleep, but never die.
In
United States Code, Title 18, Section 31(a)(6) it states:
“The term motor vehicle means every description of carriage
or other contrivance propelled or drawn by mechanical power and used for commercial purposes
on the highways in the transportation of passengers, passengers and
property, or property or cargo.”
Section 31(a)(10) states: “The term ‘used for
commercial purpose’ means the carriage of persons or property
for any fare, fee, rate,
charge or other consideration, or directly or indirectly in connection
with any business, or other undertaking intended for profit.”
From the foregoing definition of Title 18 of the U.S. Code, which supersedes all State Motor Vehicle Code, we learn that there must be a commercial use of the “motor vehicle” in order for it to fall under regulation by the State or municipality. Absent such specific use, the code does not apply (unless, of course, you ignorantly consent to it).
Although
they appear to do it all the time, courts are not empowered to
“presume” your consent to surrender any of your
sovereignty to them. Yet, if you do not challenge in personam and
subject matter jurisdiction, they will presume your consent to
jurisdiction every time. And in a government administrative
court (which
is what a so-called “Traffic Court” actually is)
once you acquiesce to jurisdiction, you waive your Constitutional
rights. An administrative court is not a common law “court of
record;” it is a
legislative “court of no record.” Therefore the
Constitution is bypassed,
and you are at the mercy of the magistrate in charge.
What most people don’t
know is that jurisdiction can be challenged at
any time, even after a judgment is
reached and the defendant is sentenced, fined, or serving
time. When a court never attained jurisdiction to begin with, its
judgments are voided!
However, we have recently learned the courts have been using undisclosed “presumptions” to gain jurisidiction, undisclosed to the public, which is unethical if not immoral, and therefore the court (i.e., the judges and attorneys on both sides of the “controversy”) gains an unjust advantage in acquiring jurisdiction. Before you enter any courtroom voluntarily or even unvoluntarily, you need to read this article to be fully informed.