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  1. #1
    Join Date
    Jun 2012
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    3

    Default Driving With License Revoked on Private Property

    My question involves a traffic ticket from the state of: North Carolina, Carteret County.

    I have a revoked drivers license for not paying a ticket in another county, I own my truck its 100% legal plates, registration insurance etc..

    I drove from my parents house to the gas station which is about less than 1 mile, my father was in the passengers seat he has a license. I pull into the gas station which is across street from police station, I saw the cop sitting in the parking lot of police station. I pump gas get back in and drive away from the gas pump, never did I drive back onto the public roadway. I get a ticket for DWLR, I get in passenger seat and my father in drivers seat so we can go home. Now the police guy ran my plates for no reason really, I hear this is called "preventive patrolling". He sees that I the truck owner and name on the plates has a revoked license (mine). He also tells me that he knows me and he's seen me around before, never have I met this cop or seen him before, I had just moved back into town a week before this. Anyways I'm trying to find a good way to get out of this, be it a loophole or whatever (yes I'm one of those people who like to utilize any and all means to get out of this). My reason for driving illegally was that my father is 72 years old and it was dusk so he cannot see good at night/dusk when driving. Maybe the cop could not recognize me at this time of day due to light conditions? Im looking around at some ways in court to try to make the cop a bad witness. Any help would be greatly appreciated.

  2. #2

    Default Re: Dwlr on Private Property, Loophole

    It doesn't matter WHY you were driving. It doesn't matter that the cop pulled you over after you switched drivers. It doesn't matter if the cop saw you every day, or if he'd never seen you before, or even if he was mistaken about knowing you at all. It boils down to one thing: did the cop see you driving. You can attack his ability to recognize you as the driver due to lighting or weather conditions, but if the cop is able to convince the court that he saw YOU driving, you're done.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

  3. #3
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Dwlr on Private Property, Loophole

    Thank you for your reply aardvarc, I have been reading up on "Affidavit of truth", I have a friend who is into the whole "sovereign citizen" thing and he pointed me into this direction now. But there may be a problem with that because of outstanding tickets and other variables. I have been the subject of these "random" license plate runs before, its basically a grey area if you ask me where a cop can try to find something wrong. These small towns have a horrible rep for hiring shady cops which must have trouble filling their quotas.

    Any thoughts on this? This is going to take awhile for me to sort through the technicalities of all this, I doubt I will get off on this charge but may be able to help myself in the future. I think for now my best bet is to persuade the judge to let me do jail time or community service as opposed to paying fines as I'm financially broke now. I don't mind the jail here at all, its their buck that will be feeding and housing me.

  4. #4
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,002

    Default Re: Dwlr on Private Property, Loophole

    Quote Quoting pyroarchy
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    "Affidavit of truth", I have a friend who is into the whole "sovereign citizen" thing and he pointed me into this direction now.
    There is your second mistake (the first being when you decided to drive on a suspended license). Please believe me when I tell you that "the whole 'sovereign citizen" thing" has been thoroughly and consistently repudiated and will carry less than zero weight in court. In fact, going down that road is likely to get you into even more legal trouble.

    Quote Quoting pyroarchy
    View Post
    I have been the subject of these "random" license plate runs before, its basically a grey area if you ask me where a cop can try to find something wrong.
    It is not a grey area at all. The courts have consistently ruled that cops can check license plates of any vehicle in a place open to public view, with or without any reasonable suspicion. You chose to drive your vehicle on the public roads (in spite of your title implying you never left private property, you drove on public roads to get to the gas station and the gas station is open to the public...even cops).

    Quote Quoting pyroarchy
    View Post
    These small towns have a horrible rep for hiring shady cops which must have trouble filling their quotas.
    I'm not even going to go there. It's not worth my time and typing fingers to get into this statement.

    Quote Quoting pyroarchy
    View Post
    This is going to take awhile for me to sort through the technicalities of all this
    If by "this" you are referring to the "whole sovereign citizen thing," you will never get through the "technicalities" because it is all mumbo-jumbo BS. Don't waste your time even trying.

    Quote Quoting pyroarchy
    View Post
    I think for now my best bet is to persuade the judge to let me do jail time or community service as opposed to paying fines as I'm financially broke now. I don't mind the jail here at all, its their buck that will be feeding and housing me.
    LOL. That has got to be the most revealing statement about your character and credibility yet!
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  5. #5
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Dwlr on Private Property, Loophole

    Thanks PTPD22 for the reply, I will take this as constructive criticism! Now we could get into my reasoning behind how and why I don't mind serving jail time and such but thats another story for another thread. I have seen where the "sovereign citizen" has worked well, and has not. I think the individuals need to be well educated in the law and interpreting it, being that I have not gone through with anything like this prior to my citation makes it useless to me in this case. I think the jail time and community service will do for now, I find it ironic that some courts will in place of a fine they give you jail time, crediting the person for such amount of money per day, while this costs taxpayers and the county, but if it exploitable I shall indulge myself with it!

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