Common law remedy
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|The subject of traffic infractions and the citations that can follow are a relatively recent development in the course of social rules-law (confusingly and publicly labeled as “law”) and rule-law making over the past several hundred years. It has only been within the past one hundred years or so (since the invention and implementation of the automobile in societies) that this phenomenon has occurred. The problem with these so-called “laws” is that not one of them has ever been passed into Public law. They are Private law. Why is that? Because they would infringe on the constitutionally protected rights of the people, and therefore cannot be made part of the Public law as that law was originally conceived in America.
Statutory law jurisdictions (where Private law has been legislated – written down – and passed into effect and affecting only a certain circumstance that people find themselves in) have over time been the source of the majority of these laws. In this regard, it becomes incumbent upon the individual to know the difference and significance between Public law and Private law in order to ascertain when, or even if, a law may be applicable to him personally. Most of these social rule laws were written to protect people from unjust circumstances, and in many instances are justified in being enforced. Anyone who breaks a rule or law that is recognized by both the statutory and common law jurisdictions should certainly expect to have to answer for their misdeeds.
However, not every infraction carries with it a cause which violates another person’s rights or property. Such incidents are often referred to as “victimless incidents.” Yet they are treated by the legal system that most of us are familiar with as though there were an actual victim who was violated. How can this be, when there is no actual cause of action to be decided? In other words, no one putting forth an actual claim upon which relief may be granted. And yet, these “cases” get adjudicated everyday with hardly anyone contesting them.
There is no doubt that municipalities and States are raking in large revenues based on people’s ignorance of the law and how it works in matters involving traffic citations. In the case of citations for speeding, only about 3% of thes tickets are actually contested. This means that 97% of people pay up! And the legal system counts on this low number of contestants for expediency’s sake since the courts are already overwhelmed with legitimate litigation. And because most people today have become conditioned to be ignorant of their rights.
The answer to how the legal system “gets away with” being able to charge people and prevail in cases in which there is no actual victim has to do with a little known fact. This fact is not taught in driver education courses or anywhere else in the education system, and is therefore little known by most people. And that fact is: when you sign the application form in order to obtain a driver license (and later the actual license itself), what you are agreeing to is in essence known as an “adhesion contract,” which is in a classification of contract known as a “quasi-contract.” Quasi means “as if, in a sense or manner; seemingly; in part.” In other words, a contract in name only, but not a lawfully enforceable contract. In essence on the face of it you agree to abide by the traffic codes and statutes put in place by the supervising authority in exchange for obtaining the license.
“Adhesion contracts” are a standardized contract form offered to consumers of (mostly government) goods and services on essentially a “take it or leave it” basis without affording the applicant/consumer a realistic opportunity to bargain. Under such conditions that person cannot obtain the desired product or services except by acquiescing in form to the contract, which, in this case, allows him to act in commerce with limited liability. A distinctive feature of the adhesion contract is that the weaker party has no realistic choice as to its terms.
When you allow the officer at roadside to see your license and registration, you are in essence testifying against yourself, providing primafacie (“on the face of it”) evidence that you have contracted with the State to follow its “rules of the road.” After you realize what you have done, it can almost seem hopeless to try to fight this. However, this is far from being true.
As bad as this may appear at first glance, there are ways to overcome these presumptions of law in order to bring the law onto your side. You just have to know how to use the law (common law) in order to overcome the law (statutes) and receive a fair and just outcome.
That’s what this small ebook is all about. Once you know and understand a few important principles of law and how they are used, you can effectively put an end to these baseless “nuisance infractions” that may trouble you from time to time.
At this point it should be pointed out that it will be to the reader’s benefit to read this document all the way through to the end first before attempting to arrive at any conclusions about the information being disclosed, and, in any of the sections, to seek out clarification of any words or ideas that you become unclear about before proceeding on with your reading. It is of the utmost importance that you understand the meaning and implication behind every sentence in this document, because when viii dealing with law, the law works to eliminate any ambiguity within an individual presentation. This is to say: if you don’t know what you’re saying or the legal implications behind what you are testifying to in court, it could work against your better interests.
Everything that a person needs to know in order to successfully apply it toward a “nuisance traffic infraction” has been painstakingly thought out and presented (based on direct personal experience) in this book. In other words, there are no quickand-easy answers here beyond your competent understanding of the concepts presented and their application.
You cannot just skim this information and expect to understand any of it. You will need to work for it by paying attention to the details. In order to satisfy any doubts that may linger in your mind, you may have to supplement what you find here from other sources. As a matter of fact, you are encouraged to look up anything you read here that you might doubt. Just understand that there may be instances where your proof may come only after you make a positive stand to uphold your rights in a matter.
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