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I love these cases.

Discussion in 'Cop Talk' started by SKSman57, Jan 5, 2010.

  1. SKSman57

    SKSman57

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    http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/090705-1.pdf

    (Reader's Digest Version: Guy claims that he doesn't have to have insurance or a license plate on his vehicle. When he is pulled over, he hands the Deputy a bank statement that says he has over 1,500,000 in his bank account and that this exempts him from insurance requirements. (He also claims that the Sheriff personally gave him permission to drive around without a plate.) He is cited anyway and convicted at trial. He then tries to have all the charges thrown out on appeal on a number of "creative" "theories" including that NC isn't actually a Legal State.
    It sounds like a circus act that some of the nutjobs in GNG would put on. :rofl:
     
    Last edited: Jan 5, 2010
  2. SKSman57

    SKSman57

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    It gets better:

    http://www.wwaytv3.com/node/8004

    In this troubleshooters report: A Pender County man who refuses to get a license plate, registration, or insurance on his truck.
    Donald Sullivan says the Constitution gives us the right to travel the public highways, and he shouldn't be charged or regulated for simply exercising his right.
    You might be surprised to hear a judge ruled in his favor.
    Sullivan said, "I can govern myself. And America is about self-government."
    "If a person proves he's responsible, leave him alone, he can govern himself, he doesn't need to be bothered by the government," said Sullivan.
    Donald Sullivan isn't your typical guy. The retired Air Force Lt. Colonel voted for Ron Paul in the recent election, and says our government has gotten too far away from the republic our forefathers founded.
    "We don't have control over our own property anymore, our own lives, our own anything. The state regulates and taxes everything," said Sullivan.
    Sick of the government micromanaging his life, Mr. Sullivan staged a unique form of protest. There's no state issued license plate on his truck. You won't find an inspection sticker either.
    Sullivan says he doesn't need them and he's been driving around without them for the last year and a half.
    Sullivan said, "I wanted to get a ticket, and I wanted to have the vehicle impounded, and I wanted to be arrested, because you have to be standing in a court to pursue these kinds of questions."
    He finally got his wish. A trooper pulled Mr. Sullivan over in January, and the case was recently heard in court.
    The judge denied Mr. Sullivan's motions regarding the court's jurisdiction over him, but found him not guilty of the driving offenses in question. Mr. Sullivan says it was a huge victory, and says the next time he's pulled over, all he has to do is show the officers the paperwork with the court's not guilty finding, and he is off the hook.
    But the lawyer we asked said, not so fast.
    Attorney Griff Anderson said, "The court made a determination, for whatever reason, that the state had not proved beyond a reasonable doubt, that which they had to prove to prove someone guilty."
    "What happened in this case is particular only to this case -- what occurred on the roadway when the trooper cited him. What happened in this courtroom has no bearing whatsoever on what could happen in any future instance on the road," said Anderson.
    While Mr. Sullivan raises some interesting questions about individual liberties, Attorney Griff Anderson says it was a very unusual case, and when it comes to driving, the law is clear.
    "This has been challenged in the courts, and routinely, North Carolina courts, US courts, other states have upheld the right of the state to regulate the way people travel. They can't prohibit people from traveling on public roads, but they can regulate it by requiring licenses, license plates and insurance," said Anderson.
    We're not sure exactly how Mr. Sullivan got off the hook in court, but attorneys tell us being found not guilty is very different than having a case thrown out. Any number of technicalities can cause a case to unravel.
    In case you're wondering, despite his distaste for traffic laws, Mr. Sullivan concedes that car insurance is a good idea.
     

  3. SKSman57

    SKSman57

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    Sad thing, if you lurk over at GNG long enough, you'll see the same claims, almost verbatim.
     
  4. SKSman57

    SKSman57

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    http://www.aoc.state.nc.us/www/public/coa/opinions/2009/pdf/081037-1.pdf

    Plaintiff stated that he was seeking a hearing before the Commissioners and a refund of previously paid property tax, and that he was “of the opinion the State of North Carolina has no authority to tax private property, including land, without the consent of the individual owner.”

    http://www.aoc.state.nc.us/www/public/coa/opinions/2009/unpub/080635-1.pdf

    In his Application for Hearing, Sullivan stated that his “property is not subject to taxation by Pender County or North Carolina. Assessed value for tax should be ‘0.’”
    In response to a question on the application as to how he arrived at his “opinion of value[,]” Sullivan stated as follows: “All parcels are non-jurisdictional and not subject to tax. Owner has not consented to tax and is not involved in business, trade,
    industry, or commerce.”
     
  5. SKSman57

    SKSman57

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  6. Gangrel

    Gangrel

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    Seems like that stuff is common in Texas. First we had the Republic of Texas folks, then last couple of years we've had these "Republic of Mu'un" (or something, cant remember) people.

    The Mu'un ones were all complete thugs that had weapons every time they were arrested, as well
     
  7. AngryBassets

    AngryBassets Jagenden Übel

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    NJ: Our fatty governor hates cops.
    No, they make their own license plates. There's a difference. :tinfoil:
     
  8. metal

    metal

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    I saw a car in the hood with a MI plate that was at least two years old (as in they don't even use that color plate anymore old) And wondered if at that point it was even a crime anymore:supergrin:
     
  9. Hack

    Hack Crazy CO Gold Member

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    So, had any of these people attempted UCC actions against any notables, yet?
     
  10. ctaggart

    ctaggart

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    Who has the time to sit around and ponder all those ponderings?
     
  11. WarCry

    WarCry

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    In fairness, you don't HAVE to buy auto insurance in most states. A bank statement won't work, though. You have to post the minimum amount in an account with the state dept. of insurance and they bond you as self-insured. For instance, in IL, you have to carry $20,000/$40,000 bodily injury and $15,000 property damage, so you'd post $55,000 with the department of insurance.

    So, yes, you can self-insure. In that regard he was half-right......





    .....but still all stupid....
     
  12. lawman800

    lawman800 Juris Glocktor

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    It just keeps getting better, don't it?
    I think in CA, you can post a bond with DMV for $35k to skip buying car insurance... never seen one driver with a bond exempting him from the mandatory insurance laws... then again, I don't exactly work in Beverly Hills.
     
  13. merlynusn

    merlynusn

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    Here in NC, if I remember correctly, If you post the bond with the DMV you are just listed on the insurance form as self-insured and that meets the requirements set forth by the state.
     
  14. Elvis269

    Elvis269 alive and well

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    What is a retired Lt. Col doing with 1.5 mil in the bank?
     
  15. nikerret

    nikerret Mr. Awesome

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    In KS you don't have to have insurance on your vehicle if you can prove financial ability to pay out more than the minimum insurance requirements. However, I have never seen this. I think they still get a ticket for no insurance, but it gets dismissed upon proving financial ability to the court.
     
  16. Hack

    Hack Crazy CO Gold Member

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    http://www.kansastreasurers.org/vehicle/insurance.htm

    The basic text of insurance requirements by Kansas law.

    Insurance Verification Requirements

    Starting January 1, 2000, the insurance verification law went into effect.
    What is acceptable as "physical" proof of insurance are the following:

    1. An insurance card issued by an insurance company with vehicle listed as well as the expiration date.
    2. A policy of insurance with expiration date.
    3. A binder of insurance (Valid for 30 days).
    4. A Motor Carrier identification number issued by the State Corporation Commission with expiration date..
    5. A certificate of self insurance issued by an insurance commissioner.
    6. A fleet insurance card with expiration date..
    7. For vehicles used in a driver's education program, a dealership contract and a copy of a motor vehicle liability insurance policy issued to a school district or accredited nonpublic school with expiration date.
    8. IF RENEWING BY MAIL, PROOF OF INSURANCE COULD BE DEMONSTRATED BY PROVIDING A PHOTOCOPY OF ANY ITEMS LISTED IN 1-7.

    *** The owner of a vehicle must certify that the applicant has, and will maintain during the entire registration period, the required insurance, or other financial security required by Kansas law.
     
  17. Hack

    Hack Crazy CO Gold Member

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    So, basically to my understanding of what I am reading, they have to have the official proof as defined. This is not the actual law in state law writ, but the guidelines as given.