Driving vs. Traveling - Power Politics

Zeke explains that driving and traveling are different and how this exemplifies the assumptions made by agents and the court. - http://www.powerpolitics.com/ - Captured Live on Ustream at http://www.ustream.tv/channel/power-politics-live.

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People & Blogs

Tags:

• ustream
• assumptions
• corporate
• driving
• jurisdiction
• traveling
• powerpolitics

[RetSquid]

@PowerPolitics

An automobile is a vehicle, traveling and driving are not the same thing. Why don't you post the case where you (or anyone else) 'won'?

[PowerPolitics]

@RetSquid

So when I got to this point with the D.A. and asked if driving and traveling (vehicle and automobile) are the same? She said they are the same! I said change the charges to travel and automobile and I'll plead guilty! She said she couldn't do that. Does that mean they are not the same thing? She dropped the charges when she saw I would not budge. I win!

[RetSquid]

@PowerPolitics

Exactly!! The government can restrict who operates a vehicle because it is not a right, it is a privilege.

[RetSquid]

@PowerPolitics

If you are the passenger, you are traveling, if you are behind the wheel, you are driving.

[RetSquid]

@PowerPolitics

Automobiles are by definition motor vehicles, they are self-propelled vehicles, just like the name says, auto-mobile.

[PowerPolitics]

@RetSquid

"Moreover, a distinction must be observed between a regulation of an activity which may be engaged in as a matter of right and one carried o by government sufferance or permission. In the latter case the power to exclude altogether generally includes the lesser power to condition and may justify a degree of regulation not admissible in the former." Packard v Banton 264 U.S. 140

[PowerPolitics]

@RetSquid

If one travels by automobile they are not regulated by the 'vehicle code'. It is for drivers of motor vehicles. 

[RetSquid]

@PowerPolitics

"what section of the code requires the registration of a vehicle that is not of a type required to be registered under the code?"

That question make no sense.

[RetSquid]

@PowerPolitics

CVC 415 (a) A "motor vehicle" is a vehicle that is self-propelled.

CVC 12500 (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.

[PowerPolitics]

@RetSquid

This is exactly my point. In 1982 I asked the DMV hearing officer, "what section of the code requires the registration of a vehicle that is not of a type required to be registered under the code?" Remember, "vehicles that are not used for hire, compensation or profit are not commercial vehicles". Commercial vehicles are of a type required to be registered under this code.