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Thread: Consent to Service of Process

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  1. #11
    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.

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