Rules of the Road

Top Laws of the Public Roadways Everyone Should Know.

1.  The Supreme Court upholds the Common Law principle which states that for there to be a crime, there must first be a victim (corpus delecti); the state cannot be the injured party! In the absence of a victim, there can be no crime.

2. Fact, the law enforcement officer must be able to point to 'specific and articulated facts which, taken together with rational inferences from the facts, reasonably warrant that intrusion of a citizen's privacy.' (Terry v. Ohio, supra, p. 1880 [20 L.Ed.2d p. 906].)

3. Fact, traffic infractions are not a crime. (People v. Battle)

4. we read in US Supreme court decision, “All codes, rules, and regulations are for government authorities only, not human/creators in accordance with God’s laws. All codes, rules, and regulations are unconstitutional and lacking due process…” [Rodriques v. Ray Donavan (U.S. Department of Labor) 769 F. 2d 1344, 1348] and again, All laws, rules and practices which are repugnant to the Constitution are null and void.” [Marbury v. Madison, 5th US (2 Cranch) 137, 174, 176]

5. Fact, the RIGHT of the citizen to DRIVE on the public street with freedom from police interference, unless he is engaged in suspicious conduct associated in some manner with criminality is a FUNDAMENTAL CONSTITUTIONAL RIGHT which must be protected by the courts."  People v. Horton 14 Cal. App. 3rd 667 (1971)

6. “A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution and that a flat license tax here involves restraints in advance of the constitutional liberties of Press and Religion and inevitably tends to suppress their existence. That the ordinance is non-discriminatory and that it applies also to peddlers of wares and merchandise is immaterial. The liberties granted by the first amendment are in a preferred position. Since the privilege in question is guaranteed by the Federal Constitution and exists independently of the states authority, the inquiry as to whether the state has given something for which it cannot ask a return, is irrelevant. No state may convert any secured liberty into a privilege and issue a license and a fee for it.” [Mudook v. Penn. 319 US 105] “If the state does convert your right into a privilege and issues a license and a fee for it, you can ignore the license and fee and engage the right with impunity.” [Shuttlesworth v. Birmingham AL. 373 US 262]
   

7. Fact, Highways are for the use of the traveling public, and all have the right to use them in a reasonable and proper manner; the use thereof is an inalienable right of every citizen. (Escobedo v. State 35 C2d 870 in 8 Cal Jur 3d p.27).

8. Fact, the court makes it clear that a license relates to qualifications to engage in profession, business, trade or calling; thus, when merely traveling without compensation or profit, outside of business enterprise or adventure with the corporate state, no license is required of the natural individual traveling for personal business, pleasure and transportation. Wingfield v. Fielder 2d Ca. 3d 213 (1972).

9. Fact, the use of the highways for the purpose of travel and transportation is not a mere privilege, but a common and fundamental Right of which the public and the individual cannot be rightfully deprived. Chicago Motor Coach vs. Chicago, 169 NE 22; Ligare vs. Chicago, 28 NE 934; Boon vs. Clark, 214 SSW 607; 25 Am.Jur. (1st) Highways Sect.163.

10.  Travel is not a privilege requiring licensing, vehicle registration, or forced insurances. (Chicago Coach Co. v. City of Chicago, 337 Ill. 200, 169 N.E. 22).

11. Fact, the right of the citizen to drive on a public street with freedom from police interference… is a fundamental constitutional right. -1979 California case, re White, 97 Cal. App.3d.141, 158 Cal.Rptr. 562, 566-67 (1979).

12. U.S. Supreme Court has already ruled that no license is necessary for normal private use of an automobile on common ways.

13. Private Travelers do not need the Permission of the Government to take Personal Property upon the Public Highways of The United States of America. Williams v. Superior Court, 274 Cal. App. 2d 709, 711-712 [79 Cal. Rptr. 489] People v. Horton.

14. Fact, it is well-established law that the highways of the state are public property, and their primary and preferred use is for private purposes. [Stephenson vs. Binford, 287 US 25]., 264; Pachard vs. Banton, 264 US 140, 144 and cases cited; Frost and Frost Trucking Co. vs. Railroad Commission, 271 US 583, 592; Railroad Commission vs. Inter—City Forwarding Co., 57 SW.2d 290; Parlett Cooperative vs. Tidewater Lines, 164 A. 3131.

15. Fact, law enforcement and all state trustees must comply with the Privacy Act of 1974 (Public Law 93-579).

16. Fact, Police are Private Contractors for a Private Corporation. (Clearfield Trust Co. v. United States 318 U.S. 363-371 (1942), The United States Constitution Article IV Section 1, N.C.G.S. § 150B-2(1a), Rodney-Dale Class v. North Carolina Department of Transportation).

17. Fact, “Every State law must conform in the first place to the Constitution of the United States, and then to the subordinate constitutions of the particular state; and if it infringes upon the provisions of either, it is so far void.” (Houston v. Moore, 18 US 1, 5 L.Ed 19 (1840).

18. Fact, the right of a citizen to travel upon the public highways and to transport his property thereon, by horse-drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but a common right which he has under his right to life, liberty and the pursuit of happiness. Under this constitutional guaranty one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another's rights, he will be protected, not only in his person but in his safe conduct. (VA. Supreme Court, Thompson v. Smith,154 SE 579, 11 American Jurisprudence, Constitutional Law, section 329, page 1135).