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    Re: Is Driving a Privilege or a Right

    And what is the significance of that?



    But again, the word "passenger" is not part of the definition of "vehicle" or "motor vehicle" and thus not relevant to the issue you have. You are trying...
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    Re: Is Driving a Privilege or a Right

    First, why are you focusing on the word passenger anyway? Neither the terms vehicle nor motor vehicle in 55-1-103 use that word. Thus, that word doesn't help you in what motor vehicle means in that...
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    Re: Is Driving a Privilege or a Right

    Not if the federal court was weighing the constitutionality of a state statute. It would look to see how the state defines the terms of its statute to determine how the state statute operates, and...
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    Re: Is Driving a Privilege or a Right

    I cited federal cases with regard to the U.S. CONSTITUTIONAL issues. Federal courts of appeals and the U.S. Supreme Court are the authority for what the federal constitution means.

    But definitions...
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    Re: Is Driving a Privilege or a Right

    No, that's a legal issue. The relevant facts aren't in dispute: whatever kind of car you were driving is already established. Whether that car meets the definition of a "motor vehicle" in the...
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    Re: Is Driving a Privilege or a Right

    The alleged crime is driving a motor vehicle without a license, right?



    He won't testify at all. He's the judge.



    If you were driving a Toyota Camry then the facts of what kind of...
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    Re: Is Driving a Privilege or a Right

    The courts have repeatedly said driving is a privilege, not a right. I've given you a couple of those cases, including the relevant Tennessee case. That you ignore those cases that are directly on...
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    Re: Is Driving a Privilege or a Right

    No, he won't. All he'll have to do is testify that he observed you driving, for example, a blue Toyota Camry (just substitute whatever your car was when you were stopped). That's it. The prosecutor...
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    Re: Is Driving a Privilege or a Right

    I doubt you'll get to ask that question. The officer is not there as an expert witness in the law. He is there as a fact witness. The prosecutor will ask questions about what the officer did and what...
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    Re: Is Driving a Privilege or a Right

    But the judge will prevent you from making your arguments of the law to the jury. The judge will instead instruct the jury on what law it is to apply in the case. So you'd have to convince the judge...
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    Re: Is Driving a Privilege or a Right

    If that's your argument that you are only required to be licensed to drive only when driving vehicles that are required to be registered that fails because personal autos are required to be...
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    Re: Is Driving a Privilege or a Right

    The state statute requires that all drivers be licensed, not just commercial drivers. I cited that statute earlier. Much as you want to ignore that or make it go away, the court will enforce the...
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    Re: Is Driving a Privilege or a Right

    It's good you aren't going that route, because your conclusion is not correct. A person does indeed include persons, and while the people as a whole may be considered sovereign, individuals are not....
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    Re: Is Driving a Privilege or a Right

    That is not correct, but even if it were, that would not help you. If you were correct you could challenge the tax (and I assume you think the fees for licenses and registrations amount to a tax, but...
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    Re: Is Driving a Privilege or a Right

    I'm sorry, but despite your studies, you clearly have missed the statutes, regulations, and cases that are directly on point to the issues you say you want to raise, while trying to materials that...
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    Re: Is Driving a Privilege or a Right

    The TC provisions for driver's licenses do not restrict the requirement to commercial licenses, as I pointed out before. The fact that many of the licenses that the state issues are for businesses...
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    Re: Is Driving a Privilege or a Right

    You are trying to use definitions that don't apply to the licensing requirement. TC 55-50-301(a)(1) states:


    (1) No person, except those expressly exempted in this section, shall drive any...
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    Re: Is Driving a Privilege or a Right

    Again, that's relying on a case that is not directly on point to the issue you have and that is quite old. Autos in the early 1900s were still a newfangled device and it took states awhile to figure...
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    Re: Is Driving a Privilege or a Right

    You have a right to travel. But the right to travel does not include, as you put it, a "right to use an automobile" without state regulation. Several federal courts of appeal have already directly...
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    Re: Is Driving a Privilege or a Right

    Whatever the "original definition" is that you are referring to does not matter. Old outmoded definitions of terms do not help you. Tennessee Code 55-50-102(19) is the definition of driver that...
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    Re: Is Driving a Privilege or a Right

    Reread what he wrote: "I'll probably ask additional questions about some due process issues and the what class misdemeanor a driving on suspension can be charged as if the last charge was over 10...
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    Re: Is Driving a Privilege or a Right

    Driving is clearly a privilege and not a right. You have made the classic mistake here that so many others have when trying to make the argument that driving is a right and that therefore the state...
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