Well, I got back from pretrial court today. Pretrial for doing 65 in a 50. In any case, I sent Judge Gailey a letter ahead of time, asking to dismiss my traffic fine and gave him a LONG list of statutes and case law as to why. With a "Your paying the money, slave!" look in his eyes, he said flat out that he was not dismissing the ticket. So I told him that state law dictated that I plead not guilty. He asked me if I wanted him to preside, or if I wanted a jury trial. Being that Judge Gailey has shown his willingness to disregard state law in order to further revenue generation, I requested that a jury trial. At that, his demeanor became less assertive and more fearful as he told me that I would be contacted about the court date. In my letter, I told Mr. Gailey that I would not publish the laws if he would just obey state law. He did not, so here is the brief of what I wrote : To whom it may concern, I, Ricky Moore II, motion to dismiss due to lack of subject matter jurisdiction as well as other information to point out the fact that I am not a commercial motor vehicle operator. Pursuant to Locket v. State, 47Ala. 45 & Bouviers Law Dictionary (1914). "A "traveler" is "one who passes from place to place, whether for pleasure, instruction, business or health." I am a traveler aided by a steering wheel to steer, while powered & / or propelled by an internal combustion engine, during my exercise of my right to travel, on the {my} public’s right of way, in this private conveyance, utilized for my business, recreation & pleasure. I dispute, reject the myth, legend, tale or notion that, I am a driver, operator, motorist, person, individual, artificial entity, legal fiction, corporation, subject, or a ward of these alleged courts, with a first, middle & last name, driving or operating a "motor vehicle" or "passenger car". It is plain & clear, that I am not for hire, for sale, open to the public or paid to drive & / or operate a taxicab or trolley car. No cargo or passengers are allowed, only guests, hence I am not engaged in "commerce or trade " in a "motor vehicle"! Pursuant to TTrC Title 7. Vehicles & Traffic, Subtitle A. Certificates of Title & Registration of Vehicles Certificate of Title Act 501.002. Definitions (14) "Motor vehicle" means: (A) any motor driven or propelled vehicle required to be registered under the laws of this state; Pursuant to TTrC Registration of Vehicles 502.001 Definitions. (13) "Motor vehicle" means a vehicle that is self-propelled. (17) "Passenger car" means a motor vehicle, designed or used primarily for the transportation of persons. Pursuant to Payne v. Massey, 196 SW2d 493, "A taxicab is classified as a "passenger car" When a taxicab is licensed by the state certain rights & privileges vest in the owner, which may be abridged by the municipality only in the manner authorized by law." In 18 USC 31 (6) "The term "motor vehicle" means every description of contrivance propelled or drawn by mechanical power & used for commercial purposes on the highways in the transportation of passengers, passengers & property, or property or cargo." (already we can see that my vehicle does not fit the Texas legal description of a motor vehicle.) In 18 USC 31 (10) "The terms "used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking for profit." Pursuant to Teche Lines v. Danforth, Miss. 12 So 2d 784, 787. "The right to travel on the public highways is a constitutional right." Pursuant to Kent vs. Dules, 357 US 116 (1958). "The right to travel is part of the liberty of which a citizen cannot be deprived without due process law under the 5th Amendment. This Right was emerging as early as the Magna Carta." {which preceded the bankruptcy of 1933] Pursuant to Connolly vs. Union Sewer Pipe Co.184 US 540. "With regard particularly to the U.S. Constitution, it is elementary that a Right secured or protected by that document cannot be overthrown or impaired by any state police authority." Pursuant to Miller vs. U.S., F486, 489. "The claim & exercise of a constitutional right cannot be converted into a crime." The Dept. of Transportation regulates commerce on the land & the sea, within borders of the State of Texas. TTrC 201.904. Speed Signs. "The dept. shall erect & maintain on the highways appropriate signs that show the maximum lawful speed for commercial motor vehicles, truck tractors & motor vehicles engaged in the business of transporting passengers for compensation or hire." (Although most county officials and law enforcement officers have little to no knowledge of this law, the state of Texas defaults that ignorance of the law is no excuse for defense. And TtrC 201.904 clearly states that all TXDOT speed signs are for commercial vehicles only, unless specifically marked as legally binding to “travelers”.) See TPC 30.05 Criminal Trespass, & USAC, Bill of Rights, IV Amendment, & pursuant to the 1876 Constitution of the State of Texas, Article 1 Bill of Rights, 19. Deprivation of Life, Liberty, Etc.; Due Course of Law. " shall be deprived of life, liberty, property, except by the due course of the law of the land." Blacks Law Dictionary 4th Edition defines "kidnapping" as follows; " The term includes false imprisonment plus the removal to some other place It is the abduction & detainment , to exact money or other unlawful end intentional taking & compelling him to be detained against his will unlawful detention or imprisonment regardless of purpose" For the record Federal PL 97-280, & 96 Stat. 1211, state the Bible is the "Word of G-d". Thus the "Word of G-d" describes kidnapping as an Exodus 21:16 "Man-stealing Event" & the punishment is death! (That last part on PL 97-280 was more for education that relative to my motion.) Pursuant to TPC 12.03. Classification of Misdemeanor (c) Conviction of a Class "C" misdemeanor does not impose any legal disability or disadvantage. Pursuant to TPC 12.23. Class "C" Misdemeanors "An individual adjudged guilty of a Class "C" misdemeanor shall be punished by fine only, not to exceed $500." Pursuant to TCCrP 43.02. Payable in Money "All recognizances, bail bonds & undertakings of any kind, whereby a party becomes bound to pay money to the State, & all fines & forfeitures of a pecuniary character shall be collected in the lawful money of the United States only." Pursuant to 12 USC 152. "the terms "lawful money" & "lawful money of the United States" shall be construed to mean gold or silver coin of the United States" Pursuant to 12 USC 411. "Federal reserve notes, to be issued at the discretion of the Federal Reserve Board for the purpose of making advances to Federal reserve banks & for no other purpose, are hereby authorized. The said notes shall be obligations of the U.S They shall be redeemed in lawful money on demand at the Treasury Dept. of the U.S., in the city of Wash., D.C., or at any Federal reserve bank. Pursuant to State v. Mellon, 73 Pac. 321, 43 Ore. 168. "Checks, drafts, money orders & bank notes are not lawful money of the United States". (Yes, the dollar bills in your wallet are actually bank notes of the federal reserve, which is a private bank. You can research this on your spare time, but I affirm this to be true.) In CRANE vs. STATE OF TEXAS case no. 83-1650; the U.S. Court of Appeals, Fifth Circuit held: "We affirm the trial courts findings that the Dallas County system of issuing misdemeanor capias violated both Texas law & the United States Constitution." In a civilized society everyone must follow & obey the law, therefore I am constrained "by the law" from paying traffic tickets, due to lack of "lawful money." Until the legislature returns the United States of America & the State of Texas to a constitutional lawful, wealth based monetary system, there is no obligation to do the impossible. Pursuant to Constitution of the State of Texas 1876, Article 1 Bill of Rights, 18. Imprisonment for Debt. "No person shall ever be imprisoned for debt." In conclusion, there is no legal disability, or jail time for Class "C" Misdemeanors", therefore "Time served is an unlawful sentence", & "Incarcerating someone to coerce a bond is an unconstitutional act," "Insurance" is not "mandatory," & a "Drivers license" is not known to Texas Law, therefore the govts. AGENTS / ACTORS actions rise to pursue a debt by means of threat of imprisonment and or actual detention is unlawful, unconstitutional and immoral. Tagged : CJ Grisham, Heather Smith Cash , Randall Scott Gates
Posted on: Tue, 13 Aug 2013 22:19:52 +0000
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