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Thread: Consent to Service of Process

  1. #41
    *doug555

    Say, about the implied contact; isn't there an implied contact when driving? Are implied contacts derived from public policy?

  2. #42
    presumption is not fact; someone is required to verify what he/she presumes to be true if he/she wishes

    the DL is a license to either use or not use according to one's own choice; simply because you hold a DL, doesn't mean you are operating under it at that time

    if someone presumes you are, require that someone verify that claim on the record with full liability

  3. #43
    Quote Originally Posted by Keith Alan View Post
    *doug555

    Say, about the implied contact; isn't there an implied contact when driving? Are implied contacts derived from public policy?
    BUT, "Is there probable cause to believe that I was driving, instead of just traveling by right?"

  4. #44
    Yes, I know what presumption is, and what the proper method of defeating it is. What if a way we're found to establish the presumption that I wasn't driving, but rather traveling or moving?

    I don't want to battle with these people. I want to change their presumptions before they even get to me.
    Last edited by Keith Alan; 01-18-14 at 08:02 PM.

  5. #45
    Quote Originally Posted by doug555 View Post
    BUT, "Is there probable cause to believe that I was driving, instead of just traveling by right?"
    Yes, I think there might be, if only because the presumption has existed for so many years.

    I look in California's vehicle code, and find their definition of driving means being physically in control of a vehicle. But I also find the code applies only to residents, either of "this" jurisdiction, or another.

    If a person is an agent of the US or other instrumentality foreign to the State of California, then wouldn't it stand to reason that he is operating as a foreign agent, doing business in the State of California? Doesn't that validate the presumption?

    Edit -- Really, it seems to me the entire question goes to residency. By definition, a resident has the intention of one day departing, returning to his domicile. United States citizens (14th Amendment citizens) manifest by their appearance in a foreign state their intention to return to their domicile. That status resides in THE NAME. As THE NAME'S agent, we consent to service of process either by presumption or by the act of registering to vote, applying for a driver's license, etc.
    Last edited by Keith Alan; 01-18-14 at 08:19 PM.

  6. #46
    Quote Originally Posted by Keith Alan View Post
    Yes, I know what presumption is, and what the proper method of defeating it is. What if a way we're found to establish the presumption that I want driving?

    I don't want to battle with these people. I want to change their presumptions before they even get to me.
    Don't battle... You will do any of their "orders" per your ORDER FEE SCHEDULE as fair fees for your performance under your unimpaired right to contract.

    Like in the "Pirates of the Caribbean", "It's all business".

    Listen to Karls Lentz's Talkshoe call of 1/11/14... at about 1 hr 40 min mark it gets very interesting...
    at 2 hr 14 min mark he talks about "driving"...
    at 2 hr 25 min mark, Karl talks about loving to get "orders"... "but who is going to compensate me for carrying out your orders?"...

    Karl says "I love taking orders... That's how I make money!"

    at 2 hr 28 min mark, Karl says for big orders, "Put up a bond before I carry out this order, and put the money in escrow..."
    at 2 hr 30 min mark, Karl says "It's all business!"

    Hope this clarifies the power of contract that one has...

  7. #47
    Quote Originally Posted by Keith Alan View Post
    Yes, I think there might be, if only because the presumption has existed for so many years.

    I look in California's vehicle code, and find their definition of driving means being physically in control of a vehicle. But I also find the code applies only to residents, either of "this" jurisdiction, or another.

    If a person is an agent of the US or other instrumentality foreign to the State of California, then wouldn't it stand to reason that he is operating as a foreign agent, doing business in the State of California? Doesn't that validate the presumption?
    One must rebut every presumption... look up the word "vehicle". Are you going to agree to that definition?

  8. #48
    if you try to decipher any code, you already lost

  9. #49
    Quote Originally Posted by doug555 View Post
    One must rebut every presumption... look up the word "vehicle". Are you going to agree to that definition?
    By accepting a driver's license, yes I would be agreeing. But if I don't have a license, I still think they would make the presumption in other ways. "Are you a US citizen? Are you a resident of the State of California?"

    Never the less, I do see value in the process you are advocating. I am simply exploring another way, that's all. What if I have withdrawn consent? At that point they can't even talk to me. Yet there is still the problem of keeping my property in my custody (which I realize brings in yet another subject, my belief that I have a God granted usufruct in worldly possessions).

    I've been thinking, and my goal would be to end up with some kind of plate or emblem being affixed to my car that the State would recognize.

  10. #50
    Quote Originally Posted by Anthony Joseph View Post
    presumption is not fact; someone is required to verify what he/she presumes to be true if he/she wishes

    the DL is a license to either use or not use according to one's own choice; simply because you hold a DL, doesn't mean you are operating under it at that time

    if someone presumes you are, require that someone verify that claim on the record with full liability
    I missed your point earlier. I already think of the DL in that way. In case I'm pulled over, I already know what I plan to do - refuse for cause on the presentment and return the instrument to its proper place. In the event that doesn't fly, I have another plan in place.

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