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Ask Sierra900 Your Own Question
Sierra900, Attorney
Category: Traffic Law
Satisfied Customers: 996
Experience:  Experienced California Attorney
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I have been cited for criminal traffic violations of tag

Customer Question

i have been cited for criminal traffic violations of tag attached not assigned and no valid license. i want to fight them by asserting i was within my rights under common law and i believe i have a real and compelling argument not related to the current case law premise but the problem is that the only people to whom that argument will matter in the least is the supreme court... and i am indigent.... what can you recommend as a course of action. argument involves the view that if an act is inherently unlawful i.e. then no authority can grant a license to do it, therefore said action can be performed without said license lawfully. Also that license and registration requirements place undue restrictions on the use of legitimately acquired personal property for its primary and intended purpose therefore devaluing the property in fact... as no restrictions exist in law or statute prohibiting the purchase of a "motor vehicle" by unlicensed persons via private person to person transaction, and use of that "motor vehicle" in and of itself does not represent a quantifiably identifiable risk to persons or property of any member of the public then such restrictions on its use are inherently unconstitutional. and other similar and related sentiments
Submitted: 5 months ago.
Category: Traffic Law
Customer: replied 5 months ago.
the actual question that may have been lost in all the text is this : What course of action do you recommend for appealing my case as an indigent person
Expert:  Sierra900 replied 5 months ago.


What jurisdiction are you in? I will try and help.


Customer: replied 5 months ago.
i am trying to claim common law jurisdiction but located in pinellas county florida
Expert:  Sierra900 replied 5 months ago.


There is no such thing as a common law jurisdiction. You may not like the fact, but for you to be able to appeal, you need to be convicted. That is the first step. Then you will need to move up the hierarchy of appellate courts. The Supreme Court is an appellate court. You can't start there.

Also, your premise is correct. You may absolutely acquire a car without a valid driver's license and you can absolutely use that vehicle without restriction however you see fit. Just so long as you do not leave property that you own. If you want to buy a 10,000 acre ranch, then by all means, buy whatever you want and bounce around out there without a license. The problem arises as soon as you want to drive off your land and onto roads that are owned by taxpayers/the government. If you want to do that, they you will need tags, a license and insurance.

I hope this helps.


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