DL was NOT provided or used as ID

[Delawarejones]

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.

NOTICE OF TRAVEL

I, Delawarejones, am giving written notice to all parties that I am exercising my right to travel in my private capacity. As such, I am not subject to Title 21 of the Delaware code. The right to travel is inherent in all men. This birthright is conferred upon me by God and secured by the Declaration of Independence, the Constitution for the state of Delaware, the Constitution for the United States of America, the United States Supreme Court and the Delaware Legislature.

Legal Proof

Delaware Code
21DSC101(22) "Highway" means the entire width between boundary lines of every way or place of whatever nature open to the use of the public as a matter of right for purposes of vehicular travel, but does not include a road or driveway upon grounds owned by private persons, colleges, universities or other institutions.

U.S. Supreme Court Case Cites:
Shapiro v Thompson 394 U.S. 618 (1969), All citizens must be free to travel unemcumbered. . .If a law has no other purpose than to chill the assertion of constitutional rights by penalizing those who choose to exercise them, then it is patently unconstitutional.

Mudook v. Penn. : 319 US 105 (1943) A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution and that a flat license tax here involves restraints in advance the constitutional liberties of Press and Religion and inevitably tends to suppress their existence. That the ordinance is non-discriminatory and that is applies also to peddlers of wares and merchandise is immaterial. The liberties granted by the first amendment are and in a preferred position. Since the privilege in question is guaranteed by the Federal Constitution and exist independently of the states authority , the inquiry as to whether the state has given something for which it cannot ask a return, is irrelevant. No state may convert any secured liberty into a privilege and issue a license and a fee for it.

Shuttlesworth v. Birmingham, 373 US 262 (1963) If the State converts a liberty into a privilege, the Citizen can engage in the right with impunity.

Miller v. U.S., 230 F.2d. 486, 489 (5th Cir. 1959) The claim and exercise of a Constitutional right cannot be converted into a crime.

In summation, the right to travel is inherent in all men wheresoever. The State of Delaware acknowledges this right in its Preamble and specifically in 21DSC101(22) and the U.S. Supreme Court clearly states “citizens must be free to travel unemcumbered,” and if the state converts a liberty into a privilege, by charging a fee or tax, the citizen can ignore it with impunity. The exercise of a right cannot be converted into a crime, which traffic citations are classified.

Difference between Driving and Travelling
Driving in Delaware is a privilege. Driving is commerce, and can be regulated by the state and Federal Government, thus requiring a license. The Delaware Legislature codified Title 21 in 1935 and has yet to define the term “Driver”. Useing 1DSC303 to discover the “peculiar and appropriate meaning in the law” for the term “Driver” it is proper to use a legal dictionary. Black’s Legal Dictionary 3rd ed. from 1933, two years prior to the codification of Title 21, defines “Driver” as:
Driver - One employed in conducting or operating a coach, carriage, wagon, or other vehicle, with horse, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car, pg. 622.

Employed - This signifies both the act of doing a thing and the being under contract or orders to do it, pg. 657.

Driving is doing business, commerce, is using public roads to make a private gain. Travelling is done in one’s private capacity and is not commerce and therefore cannot be regulated by any government.

I certify, under penalty of perjury in the United States of America, that I am travelling in my private capacity., that I am not engaged in a regulated activity, i.e. commerce and not using public roads to make a private gain.

STATE OF DELAWARE, COUNTY OF SUSSEX
BEFORE ME personally appeared Delawarejones who, being by me first duly sworn and identified in accordance with Delaware law, did execute the foregoing in my presence this ___ day of _____________ 2010.



________________________________
Notary Public
My commission expires:

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