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Thread: DL was NOT provided or used as ID

  1. #171
    Anthony Joseph
    Guest
    I actually obtained a US DOT# and held it for a year or so while I contemplated about transitioning over. I received a notice that without the mandatory inspection, the # would be cancelled. I told them there is nothing to inspect since I believe I entered any vehicles as "leased" when needed. I don't remember exactly what was said on the phone but it ended with the US DOT# being cancelled.

    Any thoughts on that?

  2. #172
    Quote Originally Posted by Anthony Joseph View Post
    I actually obtained a US DOT# and held it for a year or so while I contemplated about transitioning over. I received a notice that without the mandatory inspection, the # would be cancelled. I told them there is nothing to inspect since I believe I entered any vehicles as "leased" when needed. I don't remember exactly what was said on the phone but it ended with the US DOT# being cancelled.

    Any thoughts on that?
    If you went for the "Household Goods Methodology" that is probably why they are asking. The only kind of cargo should be: OTHER: NO CARGO. If you are transporting cosmetics, toiletries...no surprise they want an inspection. As attorney-in-fact for the trust I have yet to receive ANY information asking for an inspection just information about basic programs and the alcohol awareness training which due to status they immediately acknowledged that it was not required training.

    Goods and personal property are two different things. Goods are in stores. "Personal property" is "your stuff" better yet, "private possessions".

    Also the family trust isn't a motor carrier just acting AS IF a carrier for the purposes of aiding easy friend-foe-neutral identification while in transit.

    RE: NAME
    For the name of the "motor carrier" one can enter "John Henry, as Motor Carrier" to limit the scope of usage of the name to that specific role (from general to special). One can utilize name of a family trust. One could even put "John Henry, as Motor Carrier" for name and put the John Henry Doe for the 'trade name'. I prefer the house estate or family trust method. For the signature/role/office: Attorney-In-Fact, Agent, Authorized Representative are all sufficient.

    Consider:

    John Henry as Attorney-In-Fact for John Henry, as Motor Carrier d/b/a JOHN HENRY DOE.
    John Henry, as Attorney-In-Fact for JOHN HENRY DOE, AS MOTOR CARRIER.

    If you're using the SSA/EIN entity as an intermediary (its a trust or an estate in case you didn't know), that's fair enough. You could put John Henry, as Motor Carrier in field #1 and JOHN HENRY DOE in field #2. However, I'd enter "not domestic" and "private" into the address fields. You can also do change of address with the SSA and also with the IRS and also with the State DMV. Key is be thorough not half-on-half-off. But again your situation may be different from mine. I am wholly without any State ID, Driver License or SSN whatsoever.

    "Goods" means all things which are moveable at the time of the sale or at the time the buyer takes possession, including goods not in existence at the time the transaction is entered into and goods which are furnished or used at the time of sale or subsequently in modernization, rehabilitation, repair, alteration, improvement or construction on real property so as to become a part thereof whether or not they are severable therefrom. "Goods" also includes merchandise certificates.(North Carolina General Assembly)
    Last edited by allodial; 08-29-11 at 03:23 PM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  3. #173
    JohnnyCash
    Guest

    LET'S MAKE A DEAL transcript

    In this particular court every defendant is brought to a table in a small room with a "LET's MAKE A DEAL" prosecutor.

    1 Prosecutor: "Legal Name"?
    2 Defendant: My name is True Name.
    3 P: Excuse me?
    4 D: My name is True Name.
    5 P: This isn't you? "N-A-M-E"?
    6 D: I go by True Name.
    7 P: Is this you though?
    8 D: I'm here by restricted appearance, to prevent fraud on the court. Is the court aware that all presentments were refused for cause timely?
    9 P: I dunno what you're talking about.
    10 D: Right there [pointing to file], refused for cause.
    11 P: I don't even care about that, is this you? I need to know, if it's not you we gotta get the f.. OK well step outside then .. we gotta get the file. So what's your name?
    12 D: True Name.
    13 P: True Name?
    14 D: The ticket was handed to me.
    15 P: is, is this you, were you the person stopped on ..
    16 D: yes
    17 P: Route 66 January 7th in the town of X?
    18 D: yes
    19 P: by a XX state police officer
    20 D: yes
    21 P: ok. So what do you want, a hearing before a magistrate? Is that what you're looking for?
    22 D: I want it dismissed ..
    23 P: I'm not dismissing it. But if you want a hearing before a magistrate ..
    24 D: I did not identify myself as "LEGAL NAME" on January 7th
    25 P: you said you were somebody else?
    26 D: I said: "I'm showing you this license for competency not for identification."
    27 P: for what?
    28 D: Competency. Competency to drive.
    29 P: I don't understand what you're talking about.
    30 P: So let's have a hearing before the magistrate, ok
    31 D: ok
    32 P: That's not gonna be today. You gotta come back on ... May 4th ok? You got any .. proof, bring it in, witnesses
    33 D: thank you
    34 P: we'll see ya.

  4. #174
    Yes, I can imagine how the prosecutor would not care about that misnomer. It is the court that the suitor would be concerned if there is fraud or not and it sounds like the R4C is in the case file. So the court is not being defrauded, the Police Chief sent that R4C process over and it may also be found (presuming an evidence repository) on PACER. I is accompanied with a clerk instruction that tells the judge the case number in the federal courthouse.

    The distict attorney is not the judge/magistrate.

    His refusal for cause went south though when he agreed to do business by saying "ok". He should have kept saying, No, I don't want to come back or speak to the magistrate.

    He wandered away from the task at hand, to prevent fraud on the court.

  5. #175
    JohnnyCash
    Guest
    Yes! I agree. Right there at line 30 the offer was made and he accepted it at 31. And yes, the prosecutor/DA is not the judge/magistrate. Very educational; thank you.

  6. #176
    A lot of these courts are like cattle chutes.

    Looking at that transcript maybe he best have said that is what he came for, to prevent fraud on the court but he got sidetracked into speaking with the ADA. It would appear that the ADA sealed the business appearance by making it another day...

    Do you see it that way?

    The fellow came to prevent fraud on the court but never got to the court. He got distracted by the ADA.

  7. #177
    Quote Originally Posted by Delawarejones View Post
    It seems to me the best way to avoid fighting a citation is to NOT have one issued. Which begins with the LEO. When an LEO approaches a car, he/she PRESUMES the person behind the wheel is a "driver." It is during the confrontation, one must exercise one's right to travel and rebut the LEO's presumption.

    To that end, I have created a Notice of Travel. This notice is based upon my past experience with traffic citations. To date, I have not used this notice of travel and therefore CANNOT guarantee any success with it. As I always travel in a safe manner, it is unusual for an LEO to pull me over. Over the last 3 years, I have been pulled over twice and issued citations, both were dismissed without fines or points accumulating against my license.

    Sooner or later I will be pulled over and the LEO will ask me for a DL, registration and proof of insurance. I have all of these, in case I am ever "driving." I rarely am. If asked, I will say to the LEO, "I need to hand you this first." I will give to the LEO my notice of travel and a homemade ID card. Reproduced below is my Notice of Travel.



    This Notice of Travel is specific to Delaware. I do not expect the LEO to know what to do with this. However, Delaware code is quite clear that during "fresh pursuit" the LEO can demand ID. (I agree with this as a matter of good public policy. Most criminals are caught during routine traffic stops. Let the LEOs deal with the criminals, so I do not have to.) The code does NOT specify what form the ID must take. One could give the LEO a name. Even better, crib it down on a piece of paper and hand to the LEO. Better still is to hand over a homemade ID card for that specific purpose. Mine has a disclaimer that this card is for ID purposes only and servers no other purpose and that it is compliant with Del. code. Beyond my name, it states my DOB, address for my house and picture of myself. It is my hope the LEO will decide that I am exercising my right to travel and let me go about my way. If you think this has merit, please use as you see fit and adjust according to your state code.

    Delawarejones
    Great idea Delaware. I now will have to start looking at Laws from Texas. I have only used this once in the last 2 years, for I have not dealt with the road trolls except for once in these 2 years.

    When he asked for the DL I said I have one but done use it.

    He asked why.

    I ask him if I was carrying passengers, goods, or providing any type of service.

    Tacit response.

    I told him I was traveling in the private, and not engage in the public at the time.

    He then told me that the State in its authority has deemed it so.

    I asked him by what authority does the State make such claims when involuntary servitude has been outlawed?

    Tacit response.

    I asked him if involuntary servitude is against the Law.

    Tacit response from him.

    I remained very clam and friendly with him the entire time, and he responded in like manner.

    The back story to this situation that makes it interesting is that two years ago I had two felony Warrants issued on the name. The Felony charges did not stick, but they left the Warrants active on the name. I did not know this. So after he figured out who I was via the plates on the Car, that is when about 10 of them show up for the felony stop.

    All that ended up being taken care of, as they called the Country I live in and learned about the "mistake", and I was let go without further incident.

    I thought at the time maybe they let me off because of the FUBAR situation that occurred, but that is not the case, because one of the others troopers there, a Commander, wanted to take me to jail anyway.

    So they must have had no other reasoning Lawfully to detain me further or proceed with coercion.

    So I have established my footing in a situation and situations that would appear to be the opposite. Which is really surreal considering my past personal interactions and relationships with the road trolls.

    (On another note)

    I have been here reading for about a little while, and want to thank everyone for their work. I used to be very angry because I was searching for remedy so badly, and only getting BS information, disinformation, and down right deception. It is sites like this one that give remedy and true sincere study into what is taking place, and at least try to find solutions. I am finding that our Country was established for us to truly rule in. We are to be the creators of Law. Through the Court of Record primarily, and that Law thus created is for us alone and our Personal Contracts and dealings.

    And in reality, its so very simple, though the process can be tedious. Patience is a virtue.

    And once the true depth of what is allowed us is realized, one can truly reflect on it, and say that they are glad to understand, and have a system in place to use and apply to ones own personal freedom and liberty.

    It has taken me many years to get to this point. And though here, yet I am still very far away from where I want to be in my personal knowledge and application of such.
    We borrow the present from our childrens future.

  8. #178
    It may feel roundabout to get to my point but take a look at the top of Page 2. There is something there about no man can be redeemed by a religion that he does not trust. Conversely there is no redemption in a process that a man cannot understand.

    I ponder this lately.

    Something seems key in understanding the redemption of lawful money, for identical reasons. A suitor called me up out of the blue today to tell me he had a revelation about the term "mammon" in the Holy Bible. He said it was for derivatives. How about that? Every time I have ever heard a sermon touching on that passage the preacher has never made any distinction between silver and gold for traditional money, and the first fiat - and subsequent IOU's, then notes like insurance policies FDIC and even a marketplace for gambling on foreclosures and death called guess what? Derivatives. I liked that thought. America escaped mammon between 1789 and 1861.


    Wrap your mind around remedy, and it will execute smoothly. Basic metaphysics in the natural law.

  9. #179
    Quote Originally Posted by Anthony Joseph View Post
    I actually obtained a US DOT# and held it for a year or so while I contemplated about transitioning over. I received a notice that without the mandatory inspection, the # would be cancelled. I told them there is nothing to inspect since I believe I entered any vehicles as "leased" when needed. I don't remember exactly what was said on the phone but it ended with the US DOT# being cancelled.

    Any thoughts on that?
    The Mandatory Compliance notice stuff I've come across appears to be spam from someone selling 'compliance training'.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  10. #180
    If a 'signature' is not required for the citation, they are likely going back to the 'application' for determining fiduciary relationship.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

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