Bad News

I have some bad news. I was found guilty at my speeding ticket trial today. The cop did a really good job of presenting his case, and didn’t screw up the things I thought he might.

I also screwed up a little bit on the jurisdiction line of reasoning. Rather than say, “Why do you believe the law applies to everyone in the state of Colorado?” I said, “How do you know the law applies to everyone in Colorado?” He said because he has peace officer certification. So that tripped me up a little, I got side tracked by that and asked a few questions about that rather than going back and rephrasing the question. Obviously, the law applies to everyone in Colorado because he’s a peace officer is a misunderstanding of the question, and I blew it.

I eventually got him to admit that the peace officer certification is based on the law, and the right to pull me over is based on the law, but the judge stopped that and said something like, “I wanted to give you some leeway on that line of questioning, but the court determines what law applies.”

So to the judge, I said, “Can I ask you a question, then?”

She said, “You can ask, but I may not answer.”

I said, “What is the legal reason for why that law applies to everyone in the state of Colorado?”

She said, “I’m not going to answer that question.”

So I asked several questions about the tuning forks, and I cited a case that said the tuning forks have to be proven to be reliable for radar evidence to be valid.

Ultimately the judge said that the cop’s testimony about eyeballing my speed would be enough to convict me, regardless of what the radar gun said.

There is some good news. The trial took 30-45 minutes, and there were three cops sitting around waiting for the trial, so they were off the streets for that long. There were also two clerks sitting there the whole time. So, it cost them much more than the $190 they got out of me.

But the question of why the law applies to everyone in the state of Colorado goes unanswered. There is no answer, and the system is based on a blind faith religion, albeit an antichrist religion.

We will go on pretending that the laws given us by half-wits in Denver is sacrosanct.

I hope I never get another ticket, but I would like to do better next time.

Traffic Ticket Trial Tomorrow

I have court for a speeding ticket tomorrow. I’m going to make them earn their money at least. Everyone ought to take their tickets to trial. If they did, the courts would get clogged up, and they wouldn’t be able to handle the cases. Even if they could, they would no longer be profitable.

My wife just told me that she thinks I should just pay the ticket. However we have to keep in mind that it is important to our system that we are innocent until proven guilty. We have a right to a fair trial, and men have shed their blood for these rights. These rights are based on the Christian worldview, and it is important that we exercise our rights, which don’t come from men, but from God. I didn’t start this…a man with the power to blow my brains out, pulled me over. He started it.

Here’s a few things I’ve learned from this ticket, in addition to what I’ve learned previously. I’m also going to provide the questions and notes I’ve compiled in hopes that it might save you time.

  1. They tell you that if you pay the ticket within a couple weeks (or whatever), you get a deal. The deal they offer as a plea bargain to everyone if you show up to plead guilty or not guilty is better than their initial offer.
  2. When you show up to plead guilty or not guilty, I’d guess that is their break even point. They have to get you to pay the ticket or take the deal there to break even. If you plead not guilty, they will lose money.
  3. Read the state laws on traffic tickets. I went to that first hearing, and asked the clerk if she’s a referee. She said she wasn’t, so I filed a motion to dismiss. The judge said that she agreed and rescheduled my first hearing to be in front of her. They called me and left a message, and they mailed me a notice. I showed up, but I think if I hadn’t shown up, they would have either had to drop the case or properly serve me. So I think I screwed up by showing up to that hearing voluntarily without proper service.
  4. So my November 30th ticket is scheduled for trial on May 24. I think that postponing as long as possible also increases the chance that the cop retires/dies/moves, which would mean you are not guilty.

Here are my notes I’m taking tomorrow. I’m hoping to rake this guy over the coals as much as possible. The first portion is taken from a trial I saw where a lawyer did this to a state patrolman, and the judge dismissed the case. The second portion is based on Marc Stevens thoughts. The third part is taken from this article. 

  1. Has the state rested its case?
  2. He never identified me as the driver. I ask that the case be dismissed.

——————————————

  1. This law that I’m charged under, is it your belief that it applies to everyone in the state of Colorado?
  2. What is your logical, legal reason for that belief?
  3. So the law says that the law applies? Do you see that that is circular reasoning, and isn’t a valid answer?

———————————————

  1. Can you describe your training in using this radar/lidar?
  2. How is the device calibrated?
  3. If radar:

When did you use the tuning forks?

How did you use the tuning forks?

Was this done with the operator’s manual for the device?

How are the tuning forks calibrated? State of Florida v. Allweiss

(1980) says that using the radar manufacturer’s tuning forks is tantamount to having the device test itself.

Did you have the heat on? Was the car running?

  1. If lidar:

Did the operator have adequate training and experience?

Is the training documented?

Has the lidar been tested according to the procedures recommended by the manufacturer?

Was the unit tested against a known speed?

Does the unit include a technician certification?

What is the date of that certification (must be within 3 years according to State of Hawaii v Abiye Assay and NHTSA standards)?

Do you have the operator’s manual with you?

Was the heat on? Was the car running?

  1. Have you had any disciplinary actions taken against you?

 

 

 

State of Connecticut v. Tomanelli (1966)

In the case, which is the same year as the Honeycutt case, the Supreme Court of Connecticut ruled that “outside influences may affect the accuracy of the recording by a police radar set sufficient to raise a doubt as to the reliability of the speed recorded.”

The court also stated that tuning forks must be proved to be accurate to be accepted as valid tests of a radar unit. In order to establish the accuracy of the radar unit the operator must testify to the following:

  1. That he made tuning fork tests before and after the defendant’s speed was recorded.
  2. That the tests were made by activating 40, 60 and 80 mph tuning forks and by observing that the unit responded correctly in each case.

State of Minnesota v. Gerdes (1971)

The Supreme Court of Minnesota ruled that where the only means of testing the accuracy of a radar unit is an internal mechanism within the unit, and there is no other evidence of the motorist’s speed other than the radar reading, the conviction cannot be sustained.

The court also established the following conditions for proving the accuracy of the radar unit:

  1. The officer must have adequate training and experience in the operation of the radar unit.
  2. The officer must testify as to how the unit was set up and the conditions the unit was operated under.
  3. it must be proven that the unit was operated with a minimum possibility of distortion from external interference.
  4. The unit has to be tested with an external source, such as a tuning fork or an actual test run with another vehicle with an accurately calibrated speedometer.

People of New York v. Perlman (1977)

The Suffolk County District Court ruled that the radar device was not proved to be accurate since no external test had been performed before or after the arrest. This case is significant since it established the criteria of testing before and after a citation is issued.

Possible Speech

It’s clear to me that my simple question of jurisdiction won’t be answered, because it can’t be answered. It’s clear to me that your only basis for jurisdiction is the fact that I’m within range of your gun, and you and your comrades having proven your willingness to use it. We have a system devoid of any rational or logical basis for proving jurisdiction. It is based on the blind faith antichrist religion of statism and threats of violence. It is a system of might makes right. I consider this process to be unjust. I will write a check today if I’m found guilty, not because I feel it is the right thing to do, but under protest and due to the continued threats against me if I don’t. I wasn’t hurting anyone that day. No victim of my alleged crime has come forward. I’m innocent of the charges against me and I have an excellent driving record. There is no reason why we should have men with a gun on their hip harassing non-criminal Americans for supposedly violating arbitrary speed guidelines. The only valid basis for morality and justice is found in the fact that Jesus Christ is Lord, but that has long since been found to be unconstitutional, and what we’re left with is the arbitrary definition of justice provided by legislators gathering in Denver, a good percentage of which I wouldn’t trust to babysit my kids. I think you should be ashamed of yourself and you should repent of operating under this antichrist religious system.

 

Ann Coulter’s Marxist Line of Thought

Ann Coulter said, “You want a higher minimum wage? Turn off the spigot of low-wage workers pouring into the U.S. and it will rise on its own through the iron law of supply and demand.”

That quote is self-contradictory. If Ann is so concerned about obeying the iron law of supply and demand, why does she still want government interference in the free market? Who is going to turn off the spigot of low-wage workers? Government, of course (cops to be exact). She’s fine with them interfering with the market in that way, but doesn’t want them interfering with the market to raise the minimum wage.

We need a higher level of thinking among conservatives. We need pastors to step up and teach what the Bible teaches on these things. The law of God is a firm foundation for capitalism.

Don’t pretend to be a constitution-loving, free-market, small-government conservative if you support government harassment of non-criminal individuals crossing the border. You’re a Marxist who wants government control of the labor market. You’re just as bad as Bernie Sanders. With conservatives like Ann, who needs liberals?

You have to listen to this short podcast on this topic for a refreshing dose of liberty and capitalism based on Scripture.

The Tenth Amendment and Rebellion to Federal Government

The Tenth Amendment gives the states the right to do what is right, regardless of what the federal government says. Several states are doing this already. Colorado has legalized marijuana (with their typical zillion micromanaging constraints). Several cities are sanctuary cities for illegal immigrants where law enforcement ignore federal laws.

The problem is that liberal states and localities want to ignore certain laws, and conservative states (which seem to lack the guts of liberals and only ever toe the federal line as far as I know) would want to ignore other laws. Conservatives and Christians would point at the liberals and say, “You must obey federal law.” Liberals would do the same thing if conservatives ever ignored any federal laws.

Is there a standard that we should be using to judge whether a federal law is just or unjust? Is there a standard that would apply to liberals and conservatives? Is there a standard that a governor, sheriff, county clerk, or cop could point to to explain why they are ignoring a law? In fact, there is a transcendent, absolute standard to appeal to: God’s law. God’s law is righteous, just and good.

Cities, counties and states should be ignoring federal and state laws that allow for mothers and doctors to murder unborn babies, because that is what is the right thing to do under God’s law. They should also be ignoring all drug prohibition laws, anti-free immigration laws, income tax laws and on and on, because that is what God’s law teaches.

So, whenever a Christian says, “I hope Trump sticks it to those sanctuary cities” they’re just shooting themselves in the foot.

Bad News

You’ve probably seen the video of the abolitionist homeschoolers being harassed by a sodomite principal. There has been a petition organized to reinstate the guy after being placed on leave. Unfortunately 45,000 people have signed the petition. You can find out more here.

Here’s what Paul Dorr says about that.

“45,000 sign petition to support the homosexual asst. principal in Pennsylvania who berated two homeschooled kids! What better indication of the generational curse on public education.”

Government Sanctioned Union Thugs

Here’s a story of a guy criticizing red light cameras. The state sent him a fine in the mail.

He is an engineer, but the state of Oregon controls the use of the word “engineer”. This helps engineers with job security and pay rates. They’ve managed to convince the state to give them special rights. In the past, union thugs would go and break people’s bones and threaten and destroy property. Government-sanctioned union thugs just have to send a fine in the mail. Both systems are equally immoral.

There are a million ways that government can show favoritism to certain people. Colorado approves realtors, and realtors have to use their special forms. Realtors get a special dispensation to fill out contracts, which is practicing law. I guess their lobbyists are better than the bar lobbyists, or probably more likely, lawyers don’t want to fill out routine contracts.

Then, there is a box to check on the contract where the buyer can ask the seller to pay for extended coverage title insurance. First of all, title insurance is usually a waste of money. So extended coverage is an absolute joke. But how much extra money do title companies make by selling this extra policy? And how in the world did they get the state to put that little check box on the form that every realtor uses? How many palms got greased?

Can we get a little capitalism and freedom please?

I Think This Would Work

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I hate taxation. The Bible says that the only valid taxation is to punish evil (Romans 13:4-6). But, if people would donate for something, then that is voluntary, and therefore isn’t theft.

I think the above example, is not the best example, as government preventing the free movement of non-criminal people is Marxism. However, it could work for roads, parks, utilities, etc.

You may be wondering what the response is to the question in the meme. Here is just a sample.

I’m sure there are some no votes, but there are 3000 comments on this post, and the vast majority are yes. These idiots want to donate to the federal government, who forces them to pay thousands of dollars every year–one of the most poorly-run organizations in the history of mankind.

I would donate for certain projects/causes that are currently operated by government monopoly, if the government got out of the way, if the people who were running the project were accountable for how good a job they did.