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  1. #41
    Join Date
    Jan 2020
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    106

    Default Re: Is Driving a Privilege or a Right

    Corpus delecti is body of evidence.
    It was supposed to read as that and make them show willful intent.

    Should have read as : show corpus delecti (body of evidence of any damage), and that they also lack proof of wilful intent.

    Even though my court appointed lawyer will be there, I will be asking questions also as allowed. I will appear in court propria persona.

    I know that the cop is a fact witness, but if he testifies that I was "driving " a "motor vehicle" of a type that needs to be registered. He will have to know what "driving" is, what a motor vehicle is, and what type needs to be registered. If he can't define them, then he can't testify to it. I'll object to all use of such words. Jury will either see he doesn't know or that that court won't let him answer.

  2. #42
    Join Date
    Jul 2010
    Posts
    7,945

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Corpus delecti is body of evidence.
    It was supposed to read as that and make them show willful intent.

    Should have read as : show corpus delecti (body of evidence of any damage), and that they also lack proof of wilful intent.
    Traffic offenses are normally strict liability offenses that do not require a showing of intent.
    I am the Mouse Man

  3. #43
    Join Date
    Jan 2020
    Posts
    106

    Default Re: Is Driving a Privilege or a Right

    The jury will see that he's not a legal expert either way.

  4. #44
    Join Date
    Oct 2016
    Posts
    4,237

    Default Re: Is Driving a Privilege or a Right

    Edward333,

    We've over the years had many folks like yourself in here prepping or preaching this sovereign citizen nonsense. And every time one of us asks them to let us know how it all works out. To my knowledge, not one of them have ever returned with a success story.

    So this is yours. Let us know how this all works out for you in court.

  5. #45
    Join Date
    Jul 2010
    Posts
    7,945

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    The jury will see that he's not a legal expert either way.
    The officer is not required to be a legal expert. Nor does there have to be any "damage" for 99% of traffic offenses.

    You do not have the magic bullet. You do not have the gotcha moment to set free all the scofflaws. You are not Perry Mason.
    I am the Mouse Man

  6. #46
    Join Date
    Jan 2020
    Posts
    106

    Default Re: Is Driving a Privilege or a Right

    Free9man, By law, and rulings, any crime where imprisonment is possible, harm done and intent must be shown.

    If you don't even know that much....

    Time to get off this phone and onto my computer. Then I'll post some good rulings and etc..

  7. #47
    Join Date
    Jul 2010
    Posts
    7,945

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Free9man, By law, and rulings, any crime where imprisonment is possible, harm done and intent must be shown.

    If you don't even know that much....
    Yeah, no. You're showing your ignorance or complete misunderstanding of whatever 100 year old case you read again.
    I am the Mouse Man

  8. #48
    Join Date
    Sep 2010
    Posts
    19,848

    Default Re: Is Driving a Privilege or a Right

    What makes you think you're going to get a jury trial in municipal court on a traffic offense?

  9. #49
    Join Date
    Jan 2020
    Posts
    106

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting flyingron
    View Post
    What makes you think you're going to get a jury trial in municipal court on a traffic offense?
    Per TN constitution, any penalties over $50, I have the right to a jury.

  10. #50
    Join Date
    Sep 2010
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    19,848

    Default Re: Is Driving a Privilege or a Right

    Quote Quoting Edward333
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    Per TN constitution, any penalties over $50, I have the right to a jury.
    There is no such clause in the Tennesee Constitution and the case law points back to the North Carolina law (Tennessee was carved out of the west end of NC).
    The $50 amount you are quoting comes from a 1921 case where they set a yardstick for what would be an severe fine. It was not and is not in the Constitution, nor is $50 some magic limit today. The absolute entitlement applies to things charged by indictment (i.e. felonies).

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