Originally Posted by Jethro
What about your DL leads you to believe a Traffic Court has no " in personam " jurisdiction ...??
Did you attend such Court ..??
What about your DL leads you to believe a Traffic Court has no " in personam " jurisdiction ...??
Did you attend such Court ..??
"Traffic Court" is not really a court, but an administrative tribunal. As it involves no constitutionally-guaranteed rights (e.g. proper summons, proper service, proper indictment, trial by jury, discovery, etc.), it moves by (presumptive) agreement or assent to its jurisdiction, such as a driver license and/or application for one. A remedy provided in every STATE (look it up in yours) includes the right to reserve one's rights "without prejudice" at the time the application/DL is made. I made that reservation of rights "without prejudice" on my DL and most recent application. The STATE accepted my conditions and issued the "license" also "without prejudice" on it; the STATE is bound by said conditions. Therefore the STATE has no enforceable contract in relation to me and any "citation" involving "driving" -- while "Traffic Court" has subject matter jurisdiction over "traffic" matters, it has no personal jurisdiction over me.
Last edited by Jethro; 05-10-11 at 01:38 AM.
That sounds interesting, I've never seen anybody do this before.
Would you be more specific please in the areas which I highlighted red in your quote:
Look up what where exactly?
Did you write that in with your signature?
Thank you in advance.
Treefarmer
There is power in the blood of Jesus
Every STATE has statutorily adopted the UCC, including 1-308 "Performance or Acceptance Under Reservation of Rights." Examples:
Michigan Code 440.1207 Performance or acceptance of reservation of rights; applicability of subsection (1) to accord and satisfaction.
(1) A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice", "under protest" or the like are sufficient.
Tennessee Code Annotated T.C.A. 47-1-308 (a) A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as “without prejudice”, “under protest”, or the like are sufficient.
You'll find the same in your STATE's code. This remedy had to be made available because Americans enjoy the right to travel and can't be compelled to waive any inalienable rights in relation to it. BUT... too bad if you don't know about it or know how to use it.
On my most recent DL renewal, I utilized this remedy by using the words "without prejudice" and "at arm's length" when signing both the application form and the DL itself. The STATE issued the license on the condition my rights are reserved and my right to travel is not waived, so they are bound by it by this agreement; the agreement being, (among other things) I (the human being) am not subject to their "traffic court" (or any other administrative tribunal), and I have no fiduciary duties in relation to them ("Jethro" cannot be compelled to answer for charges against "JETHRO").
What You have done by using the UCC is quite neatly tied Yourself to a Commercial Venue
when You should have been avoiding Operating in Commerce
The contract is everything!
I uploaded a 2009 Colorado Constitution - Article II the Bill of Rights §23 tells of "courts of no record". That is the only form of legal avoidance for traffic court. Playing the UCC and non-commercial cards are pointless - at least in Colorado.
It is how you identify yourself that counts. If you become the fiduciary responsible for settling the charges, then that is who you are for the duration of the cause.
Regards,
David Merrill.
Except I didn't use the UCC, I used a remedy provided by the "state" Legislature. (Interestingly, under the Part titled "Territorial Applicability" - my intent was to untie myself from a commercial venue).
Last edited by Jethro; 05-14-11 at 03:47 AM.
I agree, David. That's why the DL and application for renewal were also both signed "at arm's-length".
arm's-length, adj. <an arm's-length transaction does not create fiduciary duties between the parties>. Black's 7th.
I would say obligation is everything.
Obligation implies imperfect rights with the term containing both the right and correlative duty .....
Presumption is often used to impose such obligations on others.
When one starts challenging to show cause how such an obligation is valid, things become interesting.
An update...
Since my last post there have been a number of developments, including an "administrative hearing" where they refused to allow me to put a declaration (including the controlling law, time, space and place) on the "record", then they kicked me out under the threat of violence; also there have been a number of "appeals" of various "administrative" decisions upholding the purported "suspension". Now we are about at the end of the "administrative" process, and through it all the "Department of Safety" has ignored the fact that there is no enforceable signature (but rather an express reservation of rights "without prejudice" and "at arm's length") on any document ("driver license" application, card and purported "citation").
Any thoughts as to how to compel them to recognize the reservation of rights they agreed to? What are the next possible steps... suing them w/ a preliminary injunction?
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