Anti Sovereign Citizen Rulings.

 

@fiddletown2002

3 weeks ago

 @hnk2227 : Correct. In fact -- [I] The courts have consistently ruled that the constitutionally protected right to travel does not include a right to operate an automobile or other motor vehicle without complying with state motor vehicle laws including laws requiring driver's licenses, car registration and/or proof of financial responsibility. [A] City of Mt. Vernon v. Young, 2006 Ohio 3319 (Ohio App., 2006), slip op. at 14: "...'Driving a motor vehicle on a public roadway is only one form of travel. [the requirement for a valid driver's license] does not prevent Appellant from engaging in interstate or intrastate travel by walking, running, taking a bus, a train, a bicycle or an airplane. Appellant is free to go anywhere he wishes. He is merely restricted to do so by utilizing forms of travel in which he is not the driver of a motor vehicle' State v. Stuber, Third Dist. No. 1-02-13, 2002-Ohio-3394 at ¶11...." [B] State v. Garvin, 945 A.2d 821 (R.I., 2008), at 823: "..."... defendant does not have a fundamental right to unregulated travel by automobile within this state. "[T]his [C]ourt has expressly ruled that the right to operate a motor vehicle on the public highways is not a fundamental right." Allard v. Department of Transportation, 609 A.2d 930, 937 (R.I.1992) (citing Berberian v. Petit, 118 R.I. 448, 455 n. 9, 374 A.2d 791, 794 n. 9 (1977))...." [C] City of Spokane v. Port, 716 P.2d 945, 43 Wn.App. 273 (Wash. App., 1986) at 276: "...the right to a particular mode of travel is no more than an aspect of the "liberty" protected by the Due Process Clause of the Fifth Amendment. 3 See Reitz v. Mealey, 314 U.S. 33, 62 S.Ct. 24, 86 L.Ed. 21 (1941). In Reitz, the United States Supreme Court examined the privilege to travel on our public streets and highways and concluded, at 314 U.S. 36, 62 S.Ct. 26-27: "...Any appropriate means adopted by the states to insure competence and care on the part of its licensees and to protect others using the highway is consonant with due process...." [D] State v. Skurdal, 767 P.2d 304, 235 Mont. 291 (Mont. Supreme Court, 1988), at 307: "...one's ability to travel on public highways is always subject to reasonable regulation by the state in the valid exercise of its police power.Gordon v. State (1985), 108 Idaho 178, 697 P.2d 1192, 1193, appeal dismissed, 474 U.S. 803, 106 S.Ct. 874, 88 L.Ed.2d 912 (1986)...." [II] And in fact, the U. S. Supreme Court has EXPRESSLY RULED THAT IT IS WITHIN THE POWER OF STATES, AND CONSTITUTIONALLY PERMISSIBLE, to enact laws requiring driver's licenses, motor vehicle registration, and proof of financial responsibility for any operation of an automobile or other motor vehicle on public roads (without regard to whether that operation is, or is not, commercial): [A] As a matter of constitutional law it is permissible for States to require driver's licenses, and/or vehicle registration for the operation of automobiles and other motor vehicles on public roads. See John Hendrick v. State of Maryland, 235 U.S. 610, 35 S.Ct. 140, 59 L.Ed. 385 (1915), at 622 (emphasis added): "...a state may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of ALL motor vehicles,—those moving in interstate commerce as well as others. And to this end it may require the registration of such vehicles and the licensing of their drivers, charging therefor reasonable fees graduated according to the horse-power of the engines,—a practical measure of size, speed, and difficulty of control. This is but an exercise of the police power uniformly recognized as belonging to the states..." [B] As a matter of constitutional law it is permissible for States to require proof of financial responsibility for the operation of automobiles and other motor vehicles on public roads. See Frank Kane v. State of New Jersey, 242 U.S. 160, 37 S.Ct. 30, 61 L.Ed. 222 (1916). at 167: "...The power of a state to regulate the use of motor vehicles on its highways has been recently considered by this court and broadly sustained. It extends to nonresidents as well as to residents...." [C] As a matter of constitutional law it is permissible for States to require driver's licenses, and/or vehicle registration for the operation of automobiles and other motor vehicles on public roads. Reitz v. Mealey, 314 U.S. 33, 62 S.Ct. 24, 86 L.Ed. 21 (1941), at 36 (emphasis added): "....The UNIVERSAL practice is to register ownership of automobiles and to license their drivers. Any appropriate means adopted by the states to insure competence and care on the part of its licensees and to protect others using the highway is consonant with due process....."