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  1. #131
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting free9man
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    I give up. OP does not understand how the law works, just spews legal diarrhea and thinks he's winning. Take this to court bub. Enjoy your stay in the Graybar Hotel.
    All I have to do is convince some if the jury. May get a hung jury. If they try to retry the case, I'm try to claim double jeopardy. Probably won't work, but...

    I do thank you for the State v. Harris case about mens rea. I believe I have rulings that should counter it, to an extent or maybe I can challenge there ruling. I think it list mens rea as an essential element in TN court proceedings of crimes.

    I know I've seen it someplace.

    Beside here: https://www.law.cornell.edu/wex/mens_rea

  2. #132
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    If they try to retry the case, I'm try to claim double jeopardy. Probably won't work, but...
    Change that last part to "Won't work." and it will be the first law-related thing you have posted that was correct.

  3. #133
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    All I have to do is convince some if the jury.
    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 that your legal arguments are correct to get the jury instructed on your view of the law. I can predict that isn't going to happen because you keep making the same mistakes in research and analysis and thus your arguments come up short. Whatever law the judge gives the jury is what you'll have to work with. Your job at that point will be arguing that given the evidence admitted in the case the state hasn't proved what the judge told the jury the state had to prove to convict you.

    Perhaps you do have some legitimate defense you can raise. But you'll need to retain a lawyer to help you find it since you seem to be getting yourself lost in your own efforts to understand the law.

  4. #134
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    Default Re: Is Driving a Privilege or a Right

    Free9man, Just did some more quick research on mens rea. You're right, by the new standards. I'll not be trying that defense, so TY again.

  5. #135
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    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    Default Re: Is Driving a Privilege or a Right

    Really. How is this still going on?
    "Where do those stairs go?"
    "They go up!"

  6. #136
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    Jan 2020
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    108

    Default Re: Is Driving a Privilege or a Right

    PayrolGuy, I'm pretty sure it won't work either, but I read somewhere that it's not been tried before. Last resort option.

    Taxing Matters, I know that I'll be limited, but if the officer testifies that I was driving a motor vehicle, I should be able to ask how they are defined. If he says I violated a statue, I should be able to make him show it's applicable. Etc.. I have good questions to get results I need.

    And if the judge won't let me, I'll question/testify myself and provide what I can. I also plan on filing a motion to dismiss, based on all my info, thus making it part of the record and subject to appeal. I'll also ask for jurisdiction to be proved and use my info to disprove jurisdiction. Can that be done by motion? I'll also try to use info in opening and closing statements. And during opening statement, I'll inform jury that I can prove a license isn't required but my defense may be limited by the court, and should be considered an 18 US 241 and 242. I'll get it on record.

    I know a radio reporter that would love to be there. And may be.

  7. #137
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    PayrolGuy, I'm pretty sure it won't work either, but I read somewhere that it's not been tried before. Last resort option.
    Sure it has been tried by some idiot and the judges that heard it explained why it doesn't apply.

    Since you seem to have no problem using random stuff on the internet for your research, have you come across the hundreds of videos of people getting shut down in court while using the "sovereign citizen" defense?

    Use this Google search

    https://www.google.com/search?q=sove...hrome&ie=UTF-8

  8. #138
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Taxing Matters, I know that I'll be limited, but if the officer testifies that I was driving a motor vehicle, I should be able to ask how they are defined.
    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 he observed on the stop. So, for example, he may say that he asked for your driver's license and that you failed to present a license. He may testify that he gave you a citation or he arrested you, whatever the case was, for that alleged violation. But that's where it ends: the testimony of what he said and did. The prosecutor cannot ask the cop if if you are guilty of the offense or for an analysis of why you are guilty because (1) he's not an expert witness and (2) even if he was an expert witness he cannot opine on the ultimate issue of your guilt in his testimony because that is the issue the jury is to decide. On your cross-examination you are limited to examining the officer on the points that the prosecutor raised in his direct examination. You cannot stray beyond the issues the prosecutor raised to bring in new things. If you want to raise new things that the prosecutor did not raise, you do that in your defense phase of the case, not in the cross examination of the cop. You really don't want to try calling the cop as your own witness. That could go very badly. And even if you did do that, you still could not ask him detailed questions on the law because (1) he's not an expert witness and (2) the judge determines the law, not the jury. You need to make the legal arguments to the judge, as I said before.

    Quote Quoting Edward333
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    And if the judge won't let me, I'll question/testify myself and provide what I can.
    As a witness you would also be only a fact witness, limited to testifying about what you did and observed during your encounter with the cop. You are not an expert witness and cannot testify about your analysis of the law. Again, your arguments on the law go to the judge, not the jury.

    Quote Quoting Edward333
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    I also plan on filing a motion to dismiss, based on all my info, thus making it part of the record and subject to appeal.
    That you can do. But if you make these same arguments to the court of appeals, I predict you will lose there as well.

    Quote Quoting Edward333
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    I'll also ask for jurisdiction to be proved and use my info to disprove jurisdiction.
    You want to challenge the court's jurisdiction to hear the case? On what grounds? The Tennessee circuit and criminal courts have been expressly given the power to hear misdemeanor criminal cases, so that challenge will not succeed.

  9. #139
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting PayrolGuy
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    Since you seem to have no problem using random stuff on the internet for your research, have you come across the hundreds of videos of people getting shut down in court while using the "sovereign citizen" defense?
    AGAIN, I'm not using "sovereign citizen" defense! I will be appearing propria persona, but that's it.

    Quote Quoting Taxing Matters
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    [FONT=Georgia][SIZE=3]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 he observed on the stop.
    The cop will have to testify that he saw me "driving" a car or "motor vehicle". I'll object to the use if the terms, because he's not an expert witness. So they either have to let him testify about the definitions of the terms, or dismiss because he's not an expert and doesn't know what a driver/operater or a motor vehicle is. It would be like someone testifying that I stole a horse, when it was actually a cow. He can't testify that I drove a motor vehicle unless he knows what one is.

    Quote Quoting Taxing Matters
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    You want to challenge the court's jurisdiction to hear the case? On what grounds? The Tennessee circuit and criminal courts have been expressly given the power to hear misdemeanor criminal cases, so that challenge will not succeed.
    Because the citation must contain : Info on if the vehicle and license are commercial.
    My jurisdictional challenge will be if "the use of an automobile" is a crime, or make them show where they have the authority to prosecute anything other than the commercial use. Ie.. They have no jurisdiction, if it's not even a crime.

    So they either prove that the non-commercial use is a crime and within their jurisdiction, or I can appeal on the ground of it not being proved.

    If my jurisdictional challenge can be by petition / motion, then I'll include info about why it's not a crime, making my info available for appeal because it was raised as a defense.
    So either I can testify about my info, or I can use it during appeal because it was brought up during trial.

    They have no jurisdiction over me, if no crime was committed.

  10. #140
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    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    The cop will have to testify that he saw me "driving" a car or "motor vehicle".
    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 won't ask him if the Camry (or whatever is is) is a "motor vehicle" as defined the state code and you won't be able to ask that in cross examination, either. Again, the cop is not there as an expert witness on the law. He's there as a fact witness to testify as to what he did and saw during his encounter with you. You need to make your legal argument to the judge, not the jury. The sooner you get that concept the sooner you can start to plan a defense that might actually work.

    Quote Quoting Edward333
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    Because the citation must contain : Info on if the vehicle and license are commercial.
    My jurisdictional challenge will be if "the use of an automobile" is a crime, or make them show where they have the authority to prosecute anything other than the commercial use. Ie.. They have no jurisdiction, if it's not even a crime.
    No. That is not a challenge to the court's jurisdiction. A challenge to the court's jurisdiction is one in which you would argue that under the law of your state that court is not empowered to hear misdemeanor cases. As the court does have that power you have no good challenge to the court's jurisdiction. What you are trying to do here is just another way of making your legal argument that only commercial drivers are required to be licensed and thus you are not guilty of the crime. That's not a jurisdictional issue. Guilt on the offense is an issue for the jury. And the jury will be given the law it is to apply by the judge. Once again, you need to understand that the judge decides the legal issues.

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