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Do you need a license to "drive"? Nope

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Boost_Addict_88

10+ Year Contributor
188
1
Dec 29, 2008
Brazil, BC_Canada
To the question and answer above: do you need a license to "drive" a car? No you don't. All your life you've heard that driving is a privilege, but in reality not only is it a Right, but driving isn't what you think it is. License plates, driver license, insurance and registration all fall under this. To "drive" is a commercial act (meaning you're operating to transport persons or goods for profit). Taxi driver, truck driver, newspaper delivery, etc, therefore you DO need the above mentioned items, but for one to travel the highway for pleasure, to get to work, etc, you DO NOT need those things. This Right is protected by the Constitution for the united states of America and the constitutions of the many states as well as backed by the Supreme Court.

The supremacy clause of the Constitution as stated in Article 6 paragraph 2 states "This Constitution, and the Laws of the united states, which shall be made in Pursuance thereof; and all treaties made, or which shall be made, under the Authority of the united states, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or the Laws of any State to the Contrary notwithstanding." US Supreme Court case Marbury v Madison backs this up. Shapiro v Thompson says that the Right to travel is a Right so basic it doesn't even need to be mentioned. Murdock v Pennsylvania says no state may convert a secured Liberty into a privilege and issue a license and/or fee. Shuttlesworth v Birmingham, AL says that if a State does knowingly convert a secured Liberty into a privilege and charge a license and/or fee, the citizen can ignore the law with impunity (which means they can't punish you). the same applies for any license.
 
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Also I'd like to see someone challenge the FAA for flying a certified aircraft without a license.
 
I personally would have a homemade plate made that says "not for hire" "private use only" and a notorized document that states the above facts. (I'm in the process of doing this currently).When a cop turns on his emergency lights, he's declaring an emergency. If there is no emergency (such as no plates or safely changing lanes without signaling) and the cop turns his lights on, he just commited a felony. If a cop does ticket you, take it to court and don't plea (ever!) No clerk or judge can enter one for you, only you can). Simply ask if there was a victim. If they claim the State (meaning the People) ask which people. You need names because according to the 6th Amendment, you have the Right to confront your accuser. Who got hurt? Who's property was damaged and/or stolen as a direct action to me not having plates? They don't have a case. This also means they pay you for any copies you made, time off work, your own fees, etc that you submit to the court.
 
.....why does it seem to me like it'd be much easier to just get a license rather then be stopped by every cop you see and get hassled because you have no plate?
 
.....why does it seem to me like it'd be much easier to just get a license rather then be stopped by every cop you see and get hassled because you have no plate?


Ben Franklin once said “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” Sure, you CAN get the license, but you sign away your Rights. If you wish to keep your license, i would reapply and after you sign put "under duress UCC 1-308 without prejudice". This protects your Rights. Urbansmoker, Canada runs under the same law except for Quebec, so you can use the same argument. When i say the same law, i mean what is called "Common Law" and it is the Supreme Law of the Land.
 
Ahhhhh good to know. Fuquin cops...

The real question is, do YOU have a license/ plate?

I do, but I only found out about this recently, so I'm in the process of getting my documents written up so I can have them notorized and getting an actual metal plate made stating "private property" and "not for hire" as well as the UCC 1-308. See, I'm going beyond the license, so I've got a few things to do.
 
Just out of curiosity, is this a proven fact or just a theory?

The major flows I see in your argument are

- there's already a distinction between a commercial driving license and a non commercial driving license to cover the different purposes of the two (and the type of vehicles you are allowed to drive)

- your right to travel does not necessarily mean you have to do it in a car and be driving as well. There's plenty of choices out there (bicycle, bus, train and why not, walking), none of them allow you to travel

Then there are other aspects of the matter that needs to be considered:

- if everybody were to do what you are planning to do, the government would have to rise the taxes to pay for the lower revenues.

- if a license was not required in order to drive, can you imagine the number of inept drivers being out there without even have to bother and get a driving lessons?

And personally, I think you are taking Ben Franklin way out of context...
 
I'd love to let 14-15 year old kids to get ahold of this and just start hitting the roads without any drivers education... since they don't "need" it.

Its like here in utah, just because you CAN open carry a gun, doesn't mean everybody walks around with one. This is essentially the same argument. With trigger happy cops I couldn't imagine getting shot or having a gun pulled on me, aal because I iust wanted to strut down the street with my 1911 on my hip.

Seems like a great law, I'm sure there are places its implemented that run like clockwork. But cops here will pull you over for anything already, no use of giving them another reason and wasting so much time doing all the stuff you babbled about with court and yadda yadda. I've got better things to do than appear before a judge every other day because I keep getting pulled over.
 
Just out of curiosity, is this a proven fact or just a theory?

The major flows I see in your argument are

- there's already a distinction between a commercial driving license and a non commercial driving license to cover the different purposes of the two (and the type of vehicles you are allowed to drive)

- your right to travel does not necessarily mean you have to do it in a car and be driving as well. There's plenty of choices out there (bicycle, bus, train and why not, walking), none of them allow you to travel

Then there are other aspects of the matter that needs to be considered:

- if everybody were to do what you are planning to do, the government would have to rise the taxes to pay for the lower revenues.

- if a license was not required in order to drive, can you imagine the number of inept drivers being out there without even have to bother and get a driving lessons?

And personally, I think you are taking Ben Franklin way out of context...

I'm not saying anyone should just jump behind the wheel and "drive" without properly knowing how to use such machinery, but with proper knowledge and common sense, it can be done safely. The Right to travel by the conveyence of the day goes for anything that can be used to travel. You have the Right to transport your property from Point A to Point B (your automobile is considered property). The gasoline tax pays for the roads, license and registration is just income for the state. There are other ways to generate revenue for the state. Not to mention my previous statement about a state not being able to convert a secured liberty into a privilege. The Ben Franklin quote fits because a license is a contract and you give up your guarenteed Rights because you're now abiding by secondary law. You can say the same for the birth certificate, social security card and any other "government contract" you might get into. My Marbury v Madison argument is so effective that it even nullifies ObamaCare.

I'd love to let 14-15 year old kids to get ahold of this and just start hitting the roads without any drivers education... since they don't "need" it.

Its like here in utah, just because you CAN open carry a gun, doesn't mean everybody walks around with one. This is essentially the same argument. With trigger happy cops I couldn't imagine getting shot or having a gun pulled on me, aal because I iust wanted to strut down the street with my 1911 on my hip.

Seems like a great law, I'm sure there are places its implemented that run like clockwork. But cops here will pull you over for anything already, no use of giving them another reason and wasting so much time doing all the stuff you babbled about with court and yadda yadda. I've got better things to do than appear before a judge every other day because I keep getting pulled over.

Badges don't grant extra Rights. Remember, cops are public servants and they work for you. They swear an oath to uphold the Constitution from all enemies foreign and domestic. Any cop that prioritizes "officer safety" over one's Rights is a coward. Their job is to protect and serve, not to harass and annoy. The same goes for the courts. They are bound to the same oath and if they go against it, they've commited treason, which upon conviction, is punishable by hanging.
 
Just because that's how you think things should be, doesn't mean that's how things happen. Wake up bud.

Someone had a little too much captain in thier nog. :thumb:

No, this is real law. We live under what is called "Common Law" and as long as you don't hurt anyone, damage or steal property or commit fraud or slander you're well within the law. We live in a Republic, not a Democracy. A nation ruled by law, not by majority. We have unalienable Rights among which are Life, Liberty and the pursuance of happiness. You are at Liberty to travel in your automobile. You are at Liberty to carry a gun on your person or within your property. The list goes on. You don't need a license to get married. You don't need a social security to work in this country. You DON'T EVEN HAVE TO PAY INCOME TAX. Legally, we're not United States citizens because the birth certificate and ssn are technically illegal contracts. You are a citizen of your state first, which is technically its own country.
 
Well, I guess we interpret the concept of essential liberty in a very different way.

I still don't like the practical implication of what you're suggesting, I see enough entitlement nowadays on everything else, I don't think it's a good idea to apply it to the 'privilege' od driving.
 
Well, I guess we interpret the concept of essential liberty in a very different way.

I still don't like the practical implication of what you're suggesting, I see enough entitlement nowadays on everything else, I don't think it's a good idea to apply it to the 'privilege' od driving.

Driving and travelling is NOT the same thing. To "drive" is a commercial act. To "travel" is a basic Right. The Constitution is a legal document and can be used in court. It is a contract between the government and the People, with the People being the benefitiary of the contract.
 
I smell a sovereign... Here we go

Sovereignty is not a bad thing. It is the way this country was founded. The States aka the People were soverign. With the 14th Amendment, we all became slaves, hence the birth certificate and social security. Ever heard "you're the king of your own castle"? That's where that came from. Sovereign People are peaceful and recognize that everyone has the same amount of Rights. Obama doesn't have more Rights then you, the local sheriff doesn't have more Rights, and I sure as hell don't have anymore Rights then you. Equal Rights under the law is the only way we can have peace.
 
Please provide case law that states specifically that operating an automobile for personal use is a "right".

As far the totally idiotic statement - "You DON'T EVEN HAVE TO PAY INCOME TAX. " goes, there's plenty of case law that shows it to be false.

Just ask Wesley Snipes.

Someone needs to start living in the real world.

Hal
 
quote=Hal;153373320]Please provide case law that states specifically that operating an automobile for personal use is a "right".

As far the totally idiotic statement - "You DON'T EVEN HAVE TO PAY INCOME TAX. " goes, there's plenty of case law that shows it to be false.

Just ask Wesley Snipes.

Someone needs to start living in the real world.

Hal[/quote]

Freedom of movement under United States law - Wikipedia, the free encyclopedia

[http://www.lawfulpath.com/ref/DLbrief.shtml

As for income tax, its a scam because:
A) you don't receive income, you receive compensation. Income is money made that you weren't expecting. An example of this is if you make $30k a year, but one year you receive $31k. That $1000 is called income.
B) The income tax was never properly ratified through the states
C) The income tax is unconstitutional even if it was ratified. Congress has the power to tax, yes, but that power is limited. You have the Right to bear the fruits of your labor. "The power to tax is the power to destroy" -George Washington
D) Even former IRS agents have come out and said there is no law for the income tax.
E) The income tax is nothing but a Socialist fraud. The money doesn't go to anything that benefits the people nor the government itself (Reagen even researched this in his early presidency). Its used to spread the wealth. It goes to the private bankers.
 
Seriously?

Freedom of movement doesn't imply freedom to operate a motor vehicle.

Again please show where operating a motor vehicle is a "right".

As far as the income tax thing goes, if you believe in your point of view so strongly then stop paying your taxes.

We all know what will happen then, after all it's happened time and time again.

Let it go, you're making yourself look like a fool.

Oh and let's not forget you're operating your PRIVATE vehicle on infrastructure created by government (not on private property) and those governments DO HAVE the legal right to require licenses, tolls, plates, etc. in order to operate said vehicle on said infrastructure.

Hal
 
This is retarded. For one a cop can pull you over even for the simple fact if they "think" your suspicious. Telling people you don't need a plate or license to drive on a public road is the dumbest thing I've ever heard.
 
https://www.youtube.com/watch?v=cV8gRA-JYeg&feature=youtube_gdata_player

https://www.youtube.com/watch?v=7lefFz81BCo&feature=youtube_gdata_player

First video Right to travel and second video is the income tax scam proof. We don't have "money", we've been bankrupt since 1933 and the Federal Reserve is the cause of ALL of our economic problems.

A cop must have proof that you've commited a crime or are in the process of commiting a crime. He cannot simply go off of "suspicion" or "hunch". Please see the Fourth and Fifth Amendments.

Even if it is the "dumbest thing you've ever heard", that's the law of the land. ;)
 
I said case law, not some you tube bullshit.

A cop needs probable cause and guess what, virtually ANYTHING can constitute probable cause to pull you over.

He could even use the pre-text that your tire looked low and he pulled you over for your own safety.

Certainly a home made license plate would be probable cause, result in a ticket, a fine and jail time if you refused to pay it. If found guilty of a repeat offense, the court could send you directly to jail.

You're headed for a big fall if you believe all this drivel you're spouting.

Are you willing to risk one the below for your beliefs:



Class 1 Misdemeanor: 6-18 months in the county jail and/or a $500-$5,000 fine.

Class 1 Misdemeanor (Extraordinary Risk Crime): 6-24 months in the county jail and/or a $500-$5,000 fine.

Class 2 Misdemeanor: 3-12 months in the county jail and/or a $250-$1,000 fine.

Class 3 Misdemeanor: 0-6 months in the county jail and/or a $50-$750 fine.

Class 1 Traffic Infraction: 10 days to 1 year in the county jail and/or $100-$1,000 fine.

Class 2 Traffic Infraction: 10-90 days in the county jail and/or a $10- $300 fine.

Class A Traffic Infraction: $15-$100 fine.

Class B Traffic Infraction: $15-$100 fine.


Hal
 
OP is a complete ####ing moron, because, you know, they had cars when they drafted the constitution. i had to come on here and comment on this idiocy and i have'nt posted on here in YEARS.

thanks hal for the entertainment.
 
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