Monday, August 4, 2014

DO TRAFFIC TICKETS VIOLATE THE U.S. CONSTITUTION?

Someone told me that traffic tickets violated the U.S. Constitution.  My first thought was, "What?! How can that be? I doubt it."  But if you know me at all or have followed my posts for a while, you know that we can't just take someone's word for it anymore no matter who that someone is (friend, newscast, government, etc...).



I was told that a traffic ticket falls under the definition of a BILL OF ATTAINDER or BILL OF PAINS & PENALTIES, and that it is expressly forbidden in the U.S. Constitution.  Naturally I wondered, "What is a BILL OF ATTAINDER?" and, "Does our Constitution really forbid it?" 

WHAT IS A BILL OF ATTAINDER? (according to Black's Law Dictionary)

[A legislative act, directed against a designated person, pronouncing him guilty of an alleged crime, (usually treason,) without trial of conviction according to the recognized rules of procedure, and passing sentence of death and attainder upon him.  "Bills of attainder," as they are technically called, are such special acts of legislature as inflict capital punishments upon persons supposed to be guilty of high offenses, such as treason and felony, without any conviction in the ordinary course of judicial proceedings.  If an act inflicts a milder degree of punishment than death, it is called a "BILL OF PAINS and PENALTIES," but both are included in the prohibition in the Federal Constitution.]

U.S. Constitution - Article 1, Section 9, Clause 3


"No Bill of Attainder or ex post facto law shall be passed."

U.S. Constitution - Article 1, Section 10, Clause 1

"No State shall... pass any Bill of Attainder..."


Although a traffic ticket can be challenged in court I guess, it seems to me that the mere issuance of such a penalty is prohibited.  Not to mention the costs charged to the accused and to the court (which is charged to the accused and others by way of taxation) for the proceedings.

WHAT DO YOU THINK?





12 comments:

  1. You're right that a ticket can be challenged in court, however, keep in mind, it's "traffic" court, which isn't actually REAL court. Also, traffic laws only actually apply to "drivers" of "vehicles." I put those in quotes because most people don't understand these definitions. You assume you are in fact "driving" your "vehicle", but those are actually referring to commerce. Unless you are a taxi driver, delivery driver, transporting goods of manufacturing, etc., these traffic "laws" (not really laws) don't apply to you. If you are just a traveler on your merry way as you please, as a free human being (not "citizen"), you are not obligated to participate. However, when you get a "license" and "register" your "vehicle," you are in effect going into contract/agreement with the system, maybe unbeknownst to you.

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    1. Great insight. Yes, technically driving is for hire. What most people do when they go to and from wherever is actually traveling or sojourning. I'd love to cover more of this in detail and probably will touch on it in a later post.

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    2. Unless you sign for your license and plates with u.d. 1-207 without prejudice. Then you are not signing for a contract but out of convenience.

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    3. ucc 1-027 was changed to 1-308

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    4. ucc 1-027 was changed to 1-308

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    5. Check out the videos on YouTube under Know Your Constitution-Carl Miller especially video 1of3. The info is great.

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    6. the cops are going to issue the citations anyway. it will be up to you to argue your point in traffic court. what I will tell you is that there are NO attorneys or lawyers or magistrates that even know what a Bill Of Attainder is. this creates a huge problem of trying to talk your way out of the situation based on rights violations due to a Bill Of Attainder. if there is anyone that can verify something different, I would like to know. I would also like to know if there is anyone that I can talk to and compare notes with regard to defending oneself and pressing charges for these rights violations. I have an idea that there isn't a single person that knows the inside story to this problem of rights violations, traffic tickets and Bills of Attainders.

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  2. Traffic tickets in New Jersey is a big trap! If you are looking for best defense lawyer in New Jersey, We can help you! We have represented clients in over 100,000 traffic ticket cases and have over 50 years of combined experience in winning these cases. You can directly contact our best Speeding Ticket lawyer in NJ by calling or visiting our premises.

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  4. Does not matter what your BAC was or would be! Cops out there are issuing traffic tickets like there is no tomorrow! Thank to the New Jersey DUI Lawyer of Stabile Law Firm for dismissing mine :) ahh.. i must say a great deal it was.

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  5. Ask yourself this why does a private law club run our judicial system....this is why the bar association won't let people who disagree with them practice law... who gave them the authority god like right to determine if someone is good enough or add up to their moral standards...I guess if moral standards don't aline with the bar they can not allowe you to practice law......

    Don't tell people they can do abject and they won't know...

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  6. I recently went into court and made all these arguments in traffic court. The judge acting as both State, Prosecutor and judge still saw me guilty for $120 traffic violation. He did say I can appeal. I am any advice on best way to appeal?

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