Quote Originally Posted by Axe View Post
My question would then be; Haven't you already taken fiduciary responsibility
by signing the state document for the Trust?


The comprehension that formed in my head is that there are two trusts involved in traffic matters:
  1. The express trust that is effected when one holds a DL. The holder of the DL is the trustee. The trustee is obligated to abide by the bylaws of the trust. Those bylaws are defined by the traffic laws of whatever state issues the DL.
  2. The constructive trust that is effected by the LEO that issues the presentment. The issuer of the presentment is the executor. The executor offers the recipient of the presentment to be the fiduciary responsible for settling the charges.
Now, when trustee of the express trust speeds along at 50 mph in a 30 mph zone, then there is a breach of trust, and therefore the State has been injured. From this injury, an LEO effects a constructive trust.

Something that I have read repeatedly from Michael Joseph, and have self-determined to be true, is that action implies trust.

The action of procuring and holding a DL demonstrates an express trust relationship between LEGAL NAME and the State (Axe, I think this is the fiduciary responsibility that you've inquired about).

The actions of the living soul that made the conscious decision to physically apply for and physically carry (see how consciousness and physical capacity has to be loaned to the non-living trust) the DL demonstrates an implied trust relationship between the living soul and the trust.
LEGAL NAME expressly trusts in STATE
True Name implicitly trusts in LEGAL NAME
Things are slightly different with the constructive trust that is effected when an LEO issues a presentment. If a living soul does not identify him or herself as the LEGAL NAME on the DL, then no trust has been demonstrated! The living soul has not expressly agreed to be responsible for settling the charges against the LEGAL NAME on the presentment. Nevertheless, the LEO still effects a trust, but does so in error. If the living soul's actions do not demonstrate trust in LEGAL NAME for the purposes of effecting a constructive trust, then LEO has no legal grounds to construct a trust! Refusal for Cause is an effective way to serve notice that the living soul refuses the offer to be the fiduciary.

So my answer to your question is, no. No man or woman has accepted fiduciary responsibility for presentments by way of expressly holding a DL. The express trust associated with the DL is seperate from the constructive trust associated with the presentment.