Legislation applies to persons — Not people.

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So, this is true. But here's the thing.

Your car has a license plate and is breaking a transportation code. The cop sees the license plate and the code violation and makes a reasonable articulable assumption that you are, in fact, engaged in transportation and effects an arrest be turning on his emergency lights and pulls you over.

At this point, you are under arrest. He then asks for your DL and proof of insurance. You have 2 choices.

Provide him with the documents he requested and therefore affirm that you are engaged in transportation.
Refuse to provide those documents and be cuffed and taken to jail per police policy.

If you choose #1, that's it. The courts have upheld that if you provide proof that you are engaged in transportation, the code applies and you are liable for fines for violations of the code

If you choose #2, you can proceed to fight the unwarranted issuance of a ticket. However, you will need to file several motions arguing that you aren't engaged in transportation, which the judge will ignore and deny. You'll then go to court. You will not be allowed to argue the law. Judges will not allow it and tell you that they will instruct the jury in the law. You will not be allowed to question the cop who ticketed you about the law. He is not an expert witness regarding laws or code. You can take the stand and testify about the law, but the prosecutor will ask what specific credentials you have that would suggest that you know the law better than the cop, prosecutor, judge, and jury. "I studied the law" is laughable.

After your defense, the judge will instruct the jury as to the law and the jury, not understanding the nuances of the legal terms the judge is using (driving, operating, motor vehicle, highways, byways, this state, etc.), will convict you.

Then, you must start the appeals process, which begins with posting an appeal bond twice the amount of the fine levied. You'll get that back if your appeal is successful. You'll then have to go through several layers of appeal, each time at a higher court. Municipal, county, district, and state, and then, possible the states Supreme Court. Each level, costing more and more money and time to comply with the increasing complexity of documentation.

Unless you provide the perfect appeal, which most extremely experienced lawyers can't even do, you'll lose. Winning would mean acknowledging the code doesn't apply to the everyday citizen and means a huge loss of revenue for the state. The state gets half your fine, and the municipality that issued the ticket gets the other half.

There is a chance they will give up and just drop the issue out of "a pursuit of justice" which means you win because they don't wish to contest the issue (the no lo contendre of prosecutions) but that's only if they just don't have the time to take your money.

In the end, winning means up to a dozen days off work going to court, literally hundreds of hours writing motions and briefs, and hundreds, if not thousands of dollars, in copying, postage, service, etc. All for a ticket that is up to $200 per offense.

Hardly worth it.

But in the end, you'll see just how insanely corrupt the court system is as they twist and contort logic, law and the code to protect their scam of making the average non-commercial individual pay for traffic tickets that should have never been issued.

So, this is true. But here's the thing. Your car has a license plate and is breaking a transportation code. The cop sees the license plate and the code violation and makes a reasonable articulable assumption that you are, in fact, engaged in transportation and effects an arrest be turning on his emergency lights and pulls you over. At this point, you are under arrest. He then asks for your DL and proof of insurance. You have 2 choices. 1. Provide him with the documents he requested and therefore affirm that you are engaged in transportation. 2. Refuse to provide those documents and be cuffed and taken to jail per police policy. If you choose #1, that's it. The courts have upheld that if you provide proof that you are engaged in transportation, the code applies and you are liable for fines for violations of the code If you choose #2, you can proceed to fight the unwarranted issuance of a ticket. However, you will need to file several motions arguing that you aren't engaged in transportation, which the judge will ignore and deny. You'll then go to court. You will not be allowed to argue the law. Judges will not allow it and tell you that they will instruct the jury in the law. You will not be allowed to question the cop who ticketed you about the law. He is not an expert witness regarding laws or code. You can take the stand and testify about the law, but the prosecutor will ask what specific credentials you have that would suggest that you know the law better than the cop, prosecutor, judge, and jury. "I studied the law" is laughable. After your defense, the judge will instruct the jury as to the law and the jury, not understanding the nuances of the legal terms the judge is using (driving, operating, motor vehicle, highways, byways, this state, etc.), will convict you. Then, you must start the appeals process, which begins with posting an appeal bond twice the amount of the fine levied. You'll get that back if your appeal is successful. You'll then have to go through several layers of appeal, each time at a higher court. Municipal, county, district, and state, and then, possible the states Supreme Court. Each level, costing more and more money and time to comply with the increasing complexity of documentation. Unless you provide the perfect appeal, which most extremely experienced lawyers can't even do, you'll lose. Winning would mean acknowledging the code doesn't apply to the everyday citizen and means a huge loss of revenue for the state. The state gets half your fine, and the municipality that issued the ticket gets the other half. There is a chance they will give up and just drop the issue out of "a pursuit of justice" which means you win because they don't wish to contest the issue (the no lo contendre of prosecutions) but that's only if they just don't have the time to take your money. In the end, winning means up to a dozen days off work going to court, literally hundreds of hours writing motions and briefs, and hundreds, if not thousands of dollars, in copying, postage, service, etc. All for a ticket that is up to $200 per offense. Hardly worth it. But in the end, you'll see just how insanely corrupt the court system is as they twist and contort logic, law and the code to protect their scam of making the average non-commercial individual pay for traffic tickets that should have never been issued.

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[+] [deleted] • 0 pt

[–] • 0 pt

(edited )

I've taken this exact fight to the Texas Criminal Court of Appeals. I've taken the civil side, suing a judge, a prosecutor, and a bunch of cops to the 5th Circuit Court of Appeals. I know this fight extremely well.

Being commercial ready is not an indication of being engaged in Transportation. Just because you have a CDL, for example, doesn't mean your hauling freight in your automobile on your way home from the grocery store. Having a license plate, a current registration, insurance, and a DL has nothing to do with actually being engaged in Transportation at the time of a traffic stop.

When you are pulled over for a traffic violation, you are under arrest. When you sign the ticket, on a promise to appear, that authorizes the arresting officer to release you from arrest.

Virtually every police department in the country has the policy, no DL, no registration, no insurance, (the trifecta of denying that you're engaged in transportation) you go to jail. It is a stated policy in Austin, Texas and Texas DPS.

As for Court. It is NOT a 1 day thing, unless you're pleading guilty. You first make an initial appearance to enter a plea. That's day 1. Then, you'll have a motions hearing to discuss and have ruled on, any motions made. That's day 2. Then, you'll have an evidentiary hearing to discuss what evidence will be allowed at trial. That's day 3. Then, you'll have your day in court. That's day 4, possibly a day 5. Yes. If the cop doesn't show you will likely win automatically, but the judge can order a continuance if the prosecution can show cause why the officer can't be present. Most municipalities have a policy requiring cops to show up, and if you got the ticket outside the hours of 8-5, the issuing officer will likely be getting 4 hours overtime (because he's has a later shift) minimum to show up as an incentive. It is very unlikely you'll win this way. Then, you'll either have a trial de novo or an Appeals hearing to start the Appeals process. That's day 6. Then, at each step of the Appeals process, if you request oral arguments, there is a potential for added days.

At Court, if you argue any merits of the case, you will have conceded that you are engaged in transportation and that the transportation codes apply, otherwise why the hell are you arguing merits? If the code doesn't apply to you, why would you try to explain why you violated the code to begin with?

If you find yourself explaining anything to the judge, and not the jury, you've admitted guilt and are pulling the "throwing yourself on the mercy of the court" bullshit, and the judge can do whatever he wants, from a dismissal because you sucked his dick to his satisfaction to ordering the max $200 fine per offense.

And finally, driving or operating a motor vehicle on the highways and byways of this State is a privilege. However, being at the controls of and traveling in a conveyance on the public's roads is a right. The privilege is regulated by the transportation code. The right is not regulated. If you understand the difference between the regulated privilege and the unregulated right, and you are not exercising the privilege, but rather exercising your right, and you have the time, money, and resources, you can fight the ticket and you can win, as I explained. If you don't understand the difference, do like you said, suck the judges dick, hope the cop doesn't show, and maybe you'll get a reduced fine or have your case dismissed.

I've taken this exact fight to the Texas Criminal Court of Appeals. I've taken the civil side, suing a judge, a prosecutor, and a bunch of cops to the 5th Circuit Court of Appeals. I know this fight extremely well. Being commercial ready is not an indication of being engaged in Transportation. Just because you have a CDL, for example, doesn't mean your hauling freight in your automobile on your way home from the grocery store. Having a license plate, a current registration, insurance, and a DL has nothing to do with actually being engaged in Transportation at the time of a traffic stop. When you are pulled over for a traffic violation, you are under arrest. When you sign the ticket, on a promise to appear, that authorizes the arresting officer to release you from arrest. Virtually every police department in the country has the policy, no DL, no registration, no insurance, (the trifecta of denying that you're engaged in transportation) you go to jail. It is a stated policy in Austin, Texas and Texas DPS. As for Court. It is NOT a 1 day thing, unless you're pleading guilty. You first make an initial appearance to enter a plea. That's day 1. Then, you'll have a motions hearing to discuss and have ruled on, any motions made. That's day 2. Then, you'll have an evidentiary hearing to discuss what evidence will be allowed at trial. That's day 3. Then, you'll have your day in court. That's day 4, possibly a day 5. Yes. If the cop doesn't show you will likely win automatically, but the judge can order a continuance if the prosecution can show cause why the officer can't be present. Most municipalities have a policy requiring cops to show up, and if you got the ticket outside the hours of 8-5, the issuing officer will likely be getting 4 hours overtime (because he's has a later shift) minimum to show up as an incentive. It is very unlikely you'll win this way. Then, you'll either have a trial de novo or an Appeals hearing to start the Appeals process. That's day 6. Then, at each step of the Appeals process, if you request oral arguments, there is a potential for added days. At Court, if you argue any merits of the case, you will have conceded that you are engaged in transportation and that the transportation codes apply, otherwise why the hell are you arguing merits? If the code doesn't apply to you, why would you try to explain why you violated the code to begin with? If you find yourself explaining anything to the judge, and not the jury, you've admitted guilt and are pulling the "throwing yourself on the mercy of the court" bullshit, and the judge can do whatever he wants, from a dismissal because you sucked his dick to his satisfaction to ordering the max $200 fine per offense. And finally, driving or operating a motor vehicle on the highways and byways of this State is a privilege. However, being at the controls of and traveling in a conveyance on the public's roads is a right. The privilege is regulated by the transportation code. The right is not regulated. If you understand the difference between the regulated privilege and the unregulated right, and you are not exercising the privilege, but rather exercising your right, and you have the time, money, and resources, you can fight the ticket and you can win, as I explained. If you don't understand the difference, do like you said, suck the judges dick, hope the cop doesn't show, and maybe you'll get a reduced fine or have your case dismissed.

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[+] [deleted] • 0 pt