The video provides a clear legal distinction between the constitutional right to travel and the state-regulated privilege of driving. It effectively dismantles pseudo-legal myths using established case law and sound judicial reasoning.
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Judge Explains EXACTLY What's Wrong With The Sovereign Citizen RIGHT TO TRAVEL Defense! Pro Se FAIL!Added:
Hey guys and welcome to today's video.
Today we have a couple of hearings to cover from a sovereign citizen with the last one being a sovereign citizen bench trial where the judge explains exactly what's wrong with the sovereign citizen right to travel defense. So let's begin.
>> Um so judge, we are ready. Um but based on my advice of Mr. Fuller, um I believe he does not wish for me to represent him anymore. I'm not comfortable making certain arguments that he wishes for me to make. Um, and obviously he has a right to present his own defense. Um, I don't believe he wishes to have a new public defender assigned unless I'm mistaken. No.
>> Um, so I I'm not sure that a conflict hearing would be necessary.
Um, but I I would defer to the court.
>> Okay.
>> Mr. Fuller, um, obviously you understand you do have the right to an attorney.
you have qualified for the public defender and one was appointed to you. I can't force you to be represented by an attorney if you if you don't want an attorney. But I can't appoint somebody else without a special conflict hearing. Um I can't just appoint another public defender or an alternate defense council um without a special hearing. But if you are representing or if what Mr. Hoffman has indicated is correct that you just wish to represent yourself.
We don't need a hearing.
>> I represent myself that this been going on too long.
>> It's been going on a long time.
>> It has been.
>> And you say it's May 14th.
>> Well, May 14th is the court trial. Are you prepared to go to trial on that day?
>> Okay.
>> At what time? And but here I I need and I know I asked you before when we set this you've set this matter for a court trial. So you understand are you specifically waving your right to a jury trial in this case?
>> Yeah.
>> Yes. Okay. And you understand going forward if you're representing yourself that you'll be held to the same standard as an attorney would be in terms of the um rules of evidence and the rules of procedure.
>> Yes.
>> Okay. And um Some of these charges do carry the possible penalty of jail.
You understand that?
>> Yes, ma'am.
>> Okay. Um and or fines. You understand that?
>> Yes.
>> Okay. Um >> do you have any and I have to give you this advisement and make this inquiry.
Do you have any legal training?
>> My family is a bunch of lawyers.
>> Okay, great. And um I have to ask you this. How far have you gone in school?
>> College.
>> Okay, perfect. And are you, and I'm going to ask you these questions again on the day of trial, are you under the influence of any drug or medication or alcohol that would affect your understanding of these proceedings today?
>> No.
>> Okay. And um you've do you wish to further consult with uh the public defender before going forward?
>> No.
>> Okay. And um you do understand that criminal law is a complicated area of law and um as I said earlier, you will be held at the same standards as an attorney. Um and some of the arguments that you Mr. Hoffman does have any attorney has an obligation to zealously represent a client, but they also have an obligation to the um to the court to put forth um sound legal arguments, which is I think where the breakdown was here. Um do you understand you do have the right to remain silent and that anything that you say at trial can be used against you?
>> Yes.
>> Okay. And um are you asking that I appoint council and we'll set a conflict hearing or not?
>> Not.
>> Okay. Um you understand that by representing yourself you do run the risk of not uh properly presenting your case?
>> Yes.
>> Okay. And um you understand that you have the right to uh confront any witnesses and cross-examine them at trial, but inappropriate questions will not be permitted. So it may be that you ask a line of questions that the district attorney objects to. If it's a legal objection and there are grounds for that objection, I would sustain the objection and that would be the end of it. So it may be a little frustrating for you.
>> Okay.
>> Do you understand that?
>> Yes, ma'am.
>> All right. And you also have the right to have witnesses um testify on your behalf. You can have them subpoenaed uh if you go down to the self-help center in room S101.
>> Okay. Okay. But it looks like Okay.
And and there was an endorsement of witnesses in the 6283 case uh to be um Talia Spanelli from the Carter Springs Police Department. Is that correct?
And in 22T10889, the witness uh is Zachary Forester from the Card Springs Police Department. So there are witnesses in file. All right.
We will see you on May 14th at 1:30.
>> Okay. Thank you, ma'am.
>> All right. Thank you, Mr. Fuller.
>> Thanks, sir.
>> All right, so that's the end of the first hearing. I wanted to include this hearing because it really highlights two major mistakes that he made. First, he fired his attorney to represent himself.
Now, you should never do that, especially if the only legal training you have comes from bad information on the internet. And second, he fired his attorney only 6 days before trial, which would be hard for a real attorney to prepare for and next to impossible to present a legitimate defense for someone that's dumber than dog [ __ ] And I guess we can throw in a third major [ __ ] move by asking for a bench trial instead of a jury trial since a judge is going to be well-versed in the actual law while you might be able to sway a jury of your peers that don't know the law like the back of her hand. So now we head to his actual bench trial.
>> So Mr. Fuller appears um prosay having uh terminated the representation of the um public defenders office and having represented to the court that he intends on proceeding without counsel. Is that correct, Mr. Fuller?
>> Yes, ma'am.
>> All right. And Mr. Fuller. The last time that we were in court, I went through the Abuo advisement 889.
Um, on the record, are you still intending to proceed uh without counsel today?
>> Yes, you are.
>> And and you've um on the record, you had previously waved your right to a jury trial. Um, and that is still your intention?
>> Yes, all right.
So what's going to happen? Um Mr. Fuller, it is the people's burden of proof to prove um beyond a reasonable doubt that uh the charges against you, the allegations against you. In 22T10889, the um unlawful display of license plates, the registration violation.
Hang on.
Now, those are both class B traffic infractions.
And then the driving after revocation prohibited is a class 2 traffic offense.
The possible penalty of 10 to 90 days um in jail. And then um in 22T let's see in 22T 6283.
It's the signal lamp violation which is a class B traffic infraction. The driving without a license, a class A traffic infraction. The unregistered vehicle, a class B traffic infraction.
The no insurance, um, which is a class one traffic offense, and the driving after a vacation prohibited, which is a class two traffic offense. The insurance has a mandatory $500 fine. Um, and the class two is a >> I had insurance, >> possible penalty. It's It's up to them to approve. If you have insurance now and you want to show >> Yeah, I had it. Well, then okay then you'll have to that you can present that in your defense.
>> Um okay.
All right.
And date of offense of July.
So July 22nd of 2022 was the date of offense in 22T6283 November 29th 2022 and 22T10889.
So, what's going to happen is that people will call their witnesses.
Um, you'll have an opportunity to cross-examine their witnesses. All right? Because you're representing yourself. As I indicated before, you are held to the same standards as an attorney in terms of um improper questioning will not be permitted. Um, and you'll follow the rules of procedure and uh rules of law.
After the people have arrested, you'll have an opportunity to present your case. You have the presumption of innocence.
Um, you have the presumption of innocence.
Uh, you don't have to testify on your own behalf. Okay? If you don't testify on your own behalf, I can't consider that as any type of negative. Um, but you do have the uh right to testify if you want to. You can also just uh make argument if you choose to make argument. Um if you do testify on your own behalf, the people will be uh able to cross-examine you. Uh if you've been convicted of a felony, the people can disclose that felony. It can only be used as it bears upon your credibility. Um the same thing with any of their witnesses. If you're aware of any felony convictions that you can disclose to the jury. All right. um >> $1,000.
Do you have any questions before we go?
>> No, ma'am.
>> All righty.
>> So, in the next section, they question the officers who pulled him over. Most of it's just procedural, and they do play his body cam, but we can't see it, and it was extremely difficult to hear.
So, I'm going to skip up beyond the body cam part.
>> We can raise the lights, your honor.
Thank you.
>> You know, the people would move to admit people's exhibit one the body worn camera at this time.
>> Any objection? Lawful objection.
Any objection to them admitting body warn camera. So admitted >> to exhibit one. Officer Spinelli, the footage we just watched, was it at or about 3300 Afternoon Circuit?
>> So, I had observed the traffic offense on Afternoon Circle and pulled um Mr. Fuller over on South Shelton near Valley High.
>> And is Mr. Fuller in the courtroom today?
>> Yes, he is.
>> Can you identify him with a piece of clothing he's wearing? Yes, he's the gentleman in the light or medium blue t-shirt, two gold earrings.
>> Thank you. And at any time did he present proof of insurance?
>> Uh, no.
>> To you yourself?
>> No. No.
>> At any time did he present proof of registration?
>> No.
>> At any time, did he present proof of his license?
>> No.
>> How did you check if he had a license?
Um, so I was able to find him in our law enforcement databases using the information that he did provide to me. I obtained a digital photograph of Mr. Fuller who matched the person that's sitting in front of me right now and then I was able to get his date of birth to run through our Department of Records.
>> Your may approach the witness.
>> You may um, show Mr. Fellow what you're going to show her though, please.
>> What is this?
I'm showing that this was premarked as exhibit two.
Officer Spanelli, does exhibit 2 purport to be a certified vehicle record from the Colorado DMV?
Um, >> first and second page.
>> First and second page.
>> Let me ask it this way. Is there a cover or is there the second page? Is there a signature that says um the attached documents are true and correct uh complete with a seal?
>> There is a seal on it and I certify it says I certify that the attached are true and correct copies is maintained by the Colorado Division of Motor Vehicles.
Do those records relate to the defendant, Daryl Fuller?
>> In what manner are you asking?
>> On the first page, is there a name that says >> There is a name. Yes. And the date of birth that I uh located for him. Yes.
>> Okay. Thank you. Uh, your honor, the people would move to admit under Colorado rules of evidence 9024 self- authenticating document the DMV records of defendant David Fuller.
>> Any objection?
>> I'd like to see it.
>> That's with my question. Do you all have a copy for him?
>> Cuz uh >> I can print it out right now.
>> Okay. They're going to print one out for you and I'm going to give you a minute.
my DMV record.
>> Um, >> good. He went out here.
>> Well, Mr. Fuller, just review what they've tendered.
>> I believe we're waiting on a possible objection.
>> Any objection?
>> Yes, I got an objection. You got this child support in here. They had to pay me back all this money. Why ain't that in here?
>> That it's it's the a record. I'm assuming when a driver's license is suspended for child support regardless of >> yeah with no drivers >> whether or not it's but your driving privileges are suspended for failure to pay child support. And so that's reflected on the Department of Motor Vehicles uh report and that's why it's there. I'm so admitted >> on the last five pages of the DMV record. What is what are the three words at the top of the page?
>> Um it's proof of service.
>> Thank you. And at the very bottom of the of the box there, there should be a a signature box. How many of those have been signed? It >> appears that two have been signed and three have not.
>> Thank you. Your honor, let the record reflect that the defendant has been served proof of service that the license has been revoked.
>> And that's part of that DMV packet in exhibit 2.
>> Yes, your honor.
>> Out of objection, >> there's no license. I I I understand that you're admitting that you don't have a driver's license.
>> I turned my license in in 1999.
>> I understand that years ago.
>> I understand.
>> You can't charge me for not having a license.
>> Yes, he can.
>> No, we can't.
>> M Mr. Fuller, Mr. Fuller, you and I are going to talk about it and we're going to You'll have your opportunity. Okay.
>> See, he's trying to bury me in. Well, technically you just buried yourself in court and on the record when you said you turned your license in and didn't have one to begin with. To me, that sounds like a beautiful admission of guilt.
>> Well, Mr. Fuller, >> that's false.
>> Mr. Fuller, I understand your objection.
It is overruled.
Um, so it it's admitted as part of the packet in exhibit two.
No further questions, your honor.
>> Mr. Fuller, do you have any questions um for officer Spinelli?
>> Yes, I do.
>> Okay, if you'll stand at the podium, sir, just so I can pick up on the on the record. Thank you, sir.
>> What law requires individual to get a license?
>> Your honor, objection. Uh >> that's constitutional.
>> No, >> she is not an expert in the law. So, >> well, she won't no ticket for >> No, Mr. Fuller. Well, I'm going to tell you this like but there is no law requires she cited you.
>> She cited you on your ticket under the Colorado Revised Statutes 424 215 42101 subsection 1 231 at SAC. Wait a minute.
And and that those are the laws that she cited. Okay. for >> but the law I'm violating is my constitutional >> right?
>> Well, wait and that's your argu that's an argument and it's not properly before this witness. I'll give you an opportunity to make argument when it's your case and chief. Okay.
>> Okay.
>> Your question see why I asked that question Yann. I don't carry a lot. I don't use a license.
>> I understand.
>> She wrote me up for a license I didn't have. How can she write me for something >> fuller? Because I just explained to you >> that's not a good explanation.
understand that but the laws in the Colorado revised statutes >> but it does not supersede the constitution in my >> wait a minute wait a minute you and I you're gonna I'm going to allow you to make that argument on the record and at the end of the trial I'm going to rule but she cited you according to what is contained okay in the Colorado revised statutes um and so that's a question properly before her but the legal or constitutional argument is not properly made in front of this witness so do you have any other question >> so she can't answer why she wrote me a ticket without a license.
>> She Well, she could she could answer that. She >> It's not required under any law. No, that's what I'm required.
>> Not arguing. We're not arguing.
>> That's not a state law.
>> She can answer the question as what to what she cited you for.
>> Okay.
>> She can >> please answer that question.
>> Okay. So, Officer Spinelli, what did you site Mr. Fuller for?
uh need a copy of the it it may be helpful just to have a copy of the full part of it. If you can show Mr. Fuller what you're showing her just to refresh her memory.
>> Okay.
>> Okay.
Okay. That's >> It is tiny.
>> It is tiny.
>> Okay. So, not fair to us elderly people.
>> Right. On that day, sir, I did uh cite you for not having your lamps as required. Um your license for drivers is required. Drove a vehicle without a valid driver's license. Um failed to display registration and compulsory insurance. Uh and those are the citations that I Yeah, compulsory insurance. I'm sorry, it is tiny.
And that's what I cited you for that day.
>> Okay. You said you stopped me for a lamp. Why did you tell me uh my tag didn't come back to anything that you recognized?
>> Well, uh I did stop you for the signal lamp violation >> when we got there was no lamp out when when I went to go pick up my car. There was no lamp out.
>> Yeah. I'm going to file this claim in the [ __ ] that didn't happen folder.
>> I'm just telling you the facts.
>> You know what? you will have an opportunity to testify, but you're asking her why she pulled you over. And so her answer was you had a tail lamp out.
>> But she didn't say that at first. She said my tag didn't come back to nothing.
She recognized, right?
>> I we did say that during the the course of our conversation.
>> But you never even said that a light was out to me.
You never even told me that. I didn't find that out till you wrote it on the ticket.
So why would you make up a statement that you stopped me for a lamp being out and the lamp was not out?
>> Objection, your honor. Badger and witness.
>> Sorry.
>> Sustained.
>> I have no further questions.
>> All right.
Any redirect?
>> No, your honor.
>> All right. Officer Spinelli, you may step down. Thank you. Back to >> um Okay. Back to >> Yes. and you are free to go. Thank you.
>> All right. Any other witnesses?
>> Um your honor, would you like us to call for the next case or should we rest?
>> I I believe Mr. Fuller's arguments are the same for both cases.
>> Yes.
>> All right. So, we'll call uh >> we'll call the 22T10889 and then Mr. Fuller, I'll allow you to speak um to address both and any argument that you make. Okay.
>> All right, sir.
>> You know, the people call officer Zachary Forester to the stand.
>> Come on up to the well and raise your right hand for me, please. Um, wait a minute.
>> Okay. Well, it's been a while. Do you solemnly swear or affirm under the penalty of perjury the testimony you're about to give is the truth, the whole truth, and nothing but the truth?
>> Thank you, sir. Have a seat in the witness stand. Do you have bodywn camera footage of this as well?
>> Yes, your honor.
>> Okay.
>> It's not him.
>> Well, we'll see on the body worn camera.
>> I know I've changed a lot in the last four years.
>> No, that's not him at all. There's a black guy stopping me.
Okay. You're not at this time that people would move to ex uh admit people's exhibit one for case number 2210889.
>> And that's the body warn camera.
>> Yes, your honor.
>> Any lawful objection, Mr. >> He didn't stop. I've never seen him at the track.
>> He that was his body. He testified that that was his body worn camera >> and him didn't have that conversation.
He issued He signed the citation.
>> Um he signed the citation. Objection overruled.
>> So what did he what did you stop me for?
He don't know. He wasn't dead. He showed up afterwards.
>> You're you're going to be able to ask him. He issued the citation. So um and then go ahead.
>> Officer Forester at any time did the defendant. Um >> but that's exhibit one in 22 T10889.
>> Yes, your honor. Yes. Um, Officer Forester, at any time did the defendant um furnish proof of registration?
>> No.
>> Proof of a license?
>> No.
>> And did he have plates attached to the rear of his vehicle? To >> my knowledge, no.
>> He took them off. See, he officer Forcer, were you the one that um ran the defendant's name for DMV purposes?
>> Yes.
And I'm showing the defense what's been pre-marked as people's exhibit 2 certified D US packet >> permission to approach.
>> Yes.
Officer Forester, take a look at page Yeah. number two.
Does exhibit two purport to be a certified vehicle record from the Colorado DMV?
>> Yes.
>> And does that second page with a have a signature and a seal certification from the DMV custodian of records?
>> Yes, it does.
>> Okay. Thank you.
And on the first page, do the records relate to defendant Daryl Fuller?
>> Yes.
Go ahead and flip towards the back for me, please.
>> And on the top of the page there, can you read the three words that are bold?
>> Proof of service.
>> Yes. And towards the bottom of the page, there should be a signature box. Can you tell the court how many of those proof of services have signatures on them?
>> Three of them have signatures. The rest say refused to sign.
>> Thank you, Officer Fuller. The people would uh move to exhibit uh move to admit exhibit two under Colorado uh Colorado rules of evidence 9024 self- authenticating certified copies of public records.
>> Mr. Fuller, any legal objection?
>> Yes, he wasn't there.
>> He wasn't there. I never seen him. It was a black sergeant and the other guy.
He might have been standing behind me, but he never confronted me. So he don't know.
>> And that's fine, Mr. Fuller. He is He testified that he was the officer that signed this testified.
>> He testified that he was president.
>> Tim, what what kind of >> testified that um that >> there was no proof of uh registration or a valid license that he himself ran your DMV record.
>> That this was all his testimony. So I will >> do that. Do that after the fact. this he testified that he he ran that um while he was on scene, >> you know, >> and issued you the citation >> officer, the one that was dealing with >> I understand. I saw the that officer speaking to you.
>> He never left my side, >> but Mr. Fuller come up to me.
>> Mr. Fuller, >> anytime there's police involvement, you'll always find more than one officer. Each officer that is on scene is involved in the stuff.
>> He did not stop.
>> Objection overruled. I understand that he he did not pull you over first.
Objection overruled. So admitted.
>> And another loss by the Savvtard because any officer can cite you for the offenses alleged to have occurred. So that's not a valid defense in your case.
It's called the fellow officer rule, also known as the collective knowledge doctrine.
>> No further questions, your honor.
>> Okay. Um, exhibit two is admitted.
>> All right. Mr. Fuller. Questions for Officer Forester.
>> What state statute requires a a person to have a driver's license?
>> I do not know the statute off the top of my head, but I do know as a required statuction, your honor, that uh calls for the witness to be an expert in the law.
>> Well, if he he does site, how do they know what to site? I guess the proper question would be how do you know what to site somebody for? Uh, we use reference guides for the exact statutes when it comes to driving under revoked or driving with or without a license.
>> Is it illegal to drive without a license?
>> Yes.
>> Since when?
>> I do not know the year, time, or date that it was illegal to drive.
>> So, you telling me that free people have to wave their constitutional rights to get a license?
>> Sorry, I don't understand your question.
>> Okay. free people of the United States of America. I'm a military man. Okay.
Now, we have the common law, the right to travel. You saying we don't. We have to go get your permission, >> Mr. Fuller.
>> That's a fair question. Y >> ask him a question.
>> Just ask him a question. What What law what statute requires me to get your license to travel upon the public road?
>> Want to hand him to refresh his memory what he sided with?
Show Mr. Fuller.
That was the copy of the ticket. That was >> That's the ticket. I'm asking what what law >> that it's cited on the ticket.
>> Okay. Thank you.
>> Um it would be uh Colorado Revised Statute 42-2-2061A.
>> Okay. And you know that revised statue and that. So you telling me I got to wave my right, my constitutionally protected right. But you have a right to travel to get your license and that's a question. Now what what law requires me to do that?
>> You were required to drive with a license.
>> If I'm not required to drive Yeah.
Driving I travel. I told you that. I told him that.
>> Objection. Badgering the witness.
>> This sustained this >> is it against the law to travel.
>> You're right. You do have a right to travel, but you do not have a right to pick and choose your method of travel.
For instance, if you decide to fly your dumbass from point A to point B in a helicopter without a license to do so, you'd be violating Colorado Revised Statute 41-1-104, which requires you to have a proper license to fly a helicopter. The same goes for a motor vehicle.
>> This is your argument to the court. The witness has testified that he cited you under 422206 subsection 1A of the Colorado Revised Statutes.
>> He he is enforces the law.
>> And your your argument is a legal argument to the court, not to the witness. So you'll have to I'll allow you to make your legal argument to the court.
>> He still ain't answered the first question I had. He said he didn't understand it. What law? What statute?
What statute requires me to go get your license and registration?
>> Cited you that statute.
>> That don't require me. That is what he charged me with.
>> That under the law of the state of Colorado under that law.
>> Is it a law or a statute? You just said that.
>> The same law.
>> Okay. So, what statute requires me to go get your license?
>> Got my 42. Title 42.
>> What statute?
>> I I can get it to me. Print it out.
Yeah.
>> So you you know >> 22101.
>> So I got to wave my right to get going.
>> Mr. Mr. Fuller, you have a legal argument that you are dying to make to the court. That is a US Constitution versus state law argument. It is it is not this officer did answer your question. He told you the statute.
>> My problem with him, he did not stop me.
>> He come up to the traffic. I was stopped on powers. We went to the behind the uh what was it? The uh whatchamacallit then he showed up. So what was I stopped for?
What was the reason the officer stopped me?
>> This is not a this there's been no >> He can testify against me, your honor.
He should know what I was stopped for. M >> m >> That's fair.
>> Mr. Fuller, this is not there's been no request for a hearing for probable cause on this stop. Today is a trial as to whether or not you had unlawful display of your license plates, whether your vehicle was registered, or whether or not you were in fact driving uh after revocation prohibited.
>> See, that's what I don't understand, y'all. How can you replicate something that don't exist?
>> I understand you don't understand that.
>> You can't just sit here and start writing.
>> Any other questions for this or >> license that don't use?
>> Yes, they can. And that's exactly why you're on trial.
>> Any other witnesses?
>> No, you are.
>> All right.
>> People rest.
>> All right. Thank you, Mr. Fuller.
>> This is your opportunity to testify on your own behalf.
>> Um, you are not under no you are under no obligation to testify. You do have the right to remain silent. It is the people's burden of proof to prove to the court beyond a reasonable doubt that you met the elements of the uh crimes as charged.
If you if you take the stand, we'll get your testimony. If you if you want to make argument as opposed to testify, then I'll I'll you can rest your case and I'll allow you to make an argument and then they can reply to that argument.
>> Rest my case means I'm guilty.
>> No, to rest your case means that you're leaving it up to the court to determine whether or not they met their burden of proof. But I'll but if you want to testify >> then Okay. So, so if you're not going to testify, do you have any witnesses?
>> No, I don't.
>> Okay. So, if you're not going Wait a minute. If you're not going to testify and you have no witnesses, then you are arresting your case. However, I'll allow you to make argument. Okay? So, I'm I'm not going to silence you. I'll allow you to make argument. But how it goes is the people will start and then you can make argument and then they'll have a brief opportunity to respond to them. I am going to set um time limits on everybody. So, you each have 10 minutes total to argue to the court and then I'm going to rule. And when I rule, it's not a back and forth. It's not an argument.
It is a final ruling. You can always appeal my ruling, but it it is not a back and forth um closing argument to start.
I believe the people have met all of the elements of all of the charges provided.
Um, first driving after revocation prohibited requires that the defendant in the state of Colorado out out at or about the place charged knowingly having had his license to drive revoked by the Department of Revenue based on a finding that he was a habitual traffic offender operated a motor vehicle in the state while the revocation prohibiting such such operation was in effect. We saw today on the body warn camera the defendant in fact did not have a valid license to drive and we saw today in the DUR packets that he was served proof of service uh knowing that his license had been revoked. Second registration is unlawful to commit any of the following acts under 423121A to operate or permit the operation upon a highway a of a motor vehicle subject to registration under this article or to possess or control a trailer coach or trailer that is not registered and does not display the number of plates issued for such vehicle. We saw we heard testimony and we saw that the defendant was cited and charged for not uh furnishing proof of registration to the officers when asked.
Third, driving without a license under 4221011.
requires that no person shall drive any motor vehicle upon a highway in the state unless such person has been issued a currently valid drivers or minor driver's license or an instruction permit by the department under this article we saw today on the body warn camera and heard the testimony of the officers that the defendant could not furnish such license and we've seen in the certified records that the defendant did not have a valid license at the time he was driving next insurance 424149 91. No owner of a motor vehicle or low power scooter required is required to be registered in this state shall operate the vehicle permit to be operated on the public highways of the state when the owner has failed to have a complying policy or certificate of self insurance in full force in effect as required by law. Again, we saw under the officer's testimony in the bottom one camera that the defendant failed to furnish insurance when asked by the officers and could not throughout the entire interaction.
Next, single lamps and devices under 4242151 um states that to be operated on a road any motor vehicle may be equipped and when required under this article must be equipped with a stop lamp or lamps on the rear of that vehicle. We saw today um under the from the testimony of the officers that the defendant's rear stop lamps were not operating and that was the reason of the initial stop leading to the other charges.
And finally, number plates furnished to be attached except as provided in subsection 1 A2 of the section. The owner shall attach the number plates assigned to a self-propelled vehicle to the vehicle with one in front and one in the rear.
Uh we saw we heard today from officer testimony that the second stop was in fact due to the fact that the defendant did not have number plates attached to the rear of his vehicle, nor were those plates registered to anything once he furnished them from the interior of his of his vehicle. Thank you, honor. That's all.
>> All right. So, that's the end of the prosecution's case. Now, let's hear the defendant regurgitate all of the sovereign crayons he's eaten his entire adult life.
>> You know, he's referring to driving.
Driving is making the public road a place of business for profit again.
>> Absolutely. Because I take a lot of notes.
>> Driving is making the place of making the public road a place of business for profit. Again, I never did that. Now, it says right here, private automobiles are not required by any law, code, or statute to be recorded.
So, I don't know what he's >> Where you getting that?
>> Where am I getting this? This is uh Chicago victor coach.
>> You have a site for that?
>> A site as in I can show it to you. I can show you where I get it. uh the the case law. Oh, I know what you're talking I understand what you're talking about now. Let me get it.
>> Sorry.
But see, they all refer to driving.
Driving is making the public road to place a business for profit. Again, you you using the public road for profit.
Traveling, you don't is not required under any law. You don't have to have a license, registration, or anything. in in uh the Chicago v Chicago motor coach 16921.
The use of the highway for purposes of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived of.
They sitting there putting me in a CDL.
I don't have a CDL anymore. Okay.
Thompson B. Smith 154 SE579.
The right of the citizen to travel upon the public highway and transportation and transport his property thereon, either by carriage or by automobile, is not a mere privilege which the city may prohibit or permit at will. But a common law right which he has under the right to life, liberty, and pursuit of happiness. See, I I I quit using the license in 1999. I never had this problem before. They still I come out here and these these uh prosecutors don't seem to understand the difference between travel and driving. That's two different things. So he want everybody to be drivers on the public road. So if you want me to get a driver's license, we got to set a contract and I got to get paid. That's what a that's what a driving license is for. That's why you got truck drivers, bus drivers, the the guys that drive the train, they get paid to be drivers. If you gonna tell me I got to go and get a driver's license because you say so or the state says so, you got to pay me for that. That's a contract.
And the only way you can tell me I can't do it is you got to lawfully amend the Constitution.
Well, I got to wave that right. I have not waved my rights. I still got no right. But you got to amend the United States Constitution.
>> Is that it?
>> Nope. And then you got Kit versus Delies 357 US16125.
The right to travel upon the travel is a part of liberty which a citizen cannot be deprived without due process of the under the fifth amendment. Then you got Saturan versus Delies 96 AP DC 287 225 F 2D 983 at 941. The right to travel is well established common right that does not owe its existence to the federal government to it is recognized by the courts as natural rights.
And then, you know, the states can't diminish my rights. They're they Oh, you you driving. I have not driven a car lawfully since 1999. I've traveled in a car.
>> Did you travel in said car while holding the steering wheel and pressing the pedals with your own two feet? Because if you did, then you were driving the car.
>> So, you don't agree with that, Yanni?
You're shaking your head.
>> Totally. But go ahead. I want you.
>> But, but that's federal that's state.
That's that's my right see to to look for free people have the common the common common law and constitutional right to travel upon the roads and highways that are provided by the governments for that purpose. Lic licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of a an inalable right. So, I'm not giving up my rights, but you telling me I got to go get his license. So, you forcing me to give up that right? My rights cannot be diminished by by the state. It can't be diminished.
And he's talking about I uh the state, how is the state of Colorado going to tell me I ain't I I got a I never got a license from Colorado. I went to truck driving school out here, went back home, and then I never had a license in Colorado. So where are they getting this?
That's called fraud. Cuz you can't revocate anything. You can't tell me.
They can't tell me I just can't use the public road. Nobody. You You can't You don't own the public road.
No state government entity has the power to allow or deny passage on the highways byways nor waterways transporting his vehicle or personal property for either recreation or business but by being held subject to only local regulations i.e safety caution traffic lights speed limits etc. Travel is not a privilege requiring license, vehicle registrations, forced insuranceances.
That's Chicago v Chicago motor coach 337 uh LL 2000169 nee22.
>> What's the year on that?
>> 1929.
>> 1929. No, it's been red.
>> It's been all the rules.
>> It have.
>> It has been they still been they still using it.
>> Right. Right. Well, it has been overruled, but go ahead.
>> So, you telling me we got to go and get wave our rights to get your license.
>> I'll tell you in a minute. I'm >> So, that's the waving. That's >> full argument. You have um 8.
You have um >> Okay.
>> Three minutes left.
>> Miranda versus Arizona. 834 US 436 1966.
When rights secured by the constitution are involved, there can be no rule making or legislation which arbit ar ar ar ar ar ar ar ar ar ar ar ar ar ar ar ar ar ar ar arbitrates them. So you over that one that been over ruled. No, it ain't. You use it now.
Me 230F 2D 486489. The claim and exercise of constitutional rights can be cannot be converted into a crime. So you can't tell me I got to go get your license and charge me. Oh, you driving without this?
I don't drive. I travel everywhere I go.
So you telling me I can't travel?
I can't travel.
>> No, I'm not telling you.
>> Oh, why you shaking your head? You know, I'm not trying to be mean that, you know, you got the right to travel. You can't take that away. That's the common that is your basic common movement is travel. And you don't have to get permission from the state to travel.
>> I don't I don't disagree that you can travel from state to state. Yep. That is a constitution >> and it doesn't require anything.
>> Well, right. You don't need permission.
>> License, a license is permission. What is it then?
>> Driving is different. Driving is a privilege. It's not a right.
>> That's right. I don't have to have that privilege. Traveling is a right.
Traveling is a right.
>> And I suppose on your gear shift there's a T instead of a D.
>> Len, >> what? I didn't hear you. I said, "I suppose on your gear shift there's a T instead of a D."
>> Well, you got the right to travel. No license and registration is required.
Right.
>> You have a minute left and then I'll I'll give you my ruling and recite to you my >> The fundamental right to travel is not a privilege. It is a gift granted by your maker and rest restated by your founding fathers as unalable and cannot be taken by any man. The government made laws or colors of law known as private code secrets or statutes can't do.
So you telling me that y'all can make a law and we got to we I got to go and give up my right to go get that. You aren't giving up any of your rights to go and get a driver's license. But you are giving up your privilege to drive if you don't. But that's on you, not the state.
I got one more. Freedom to travel is indeed an important aspect of a citizen's liberty which we first concern with the extent of any to do which Congress has authorized to contailment.
road Kent versus Dallas 357 US16127.
So you got a limit. That's a right. You can't take my way.
>> And you are out of time.
>> Thank you.
>> You have seven reserved, Mr. Chidor.
>> Thank you, my >> Thank you, Mr. Fuller. Sir, >> I I have a few cases here for the defendant if he so wishes.
>> So, first your honor, the 10th circuit has consistently held that the fundamental right to travel applies only to interstate movement and not in intrastate travel. So, within a state may be regulated under McGra versus city of Oklahoma.
Moreover, Colorado courts have repeatedly confirmed that driving is not a fundamental right. In Crocker versus Colorado Department of Revenue, one of the cases I just handed you, um the Colorado Supreme Court held that quote, "The right to drive an automobile on the state highways does not rise to the status of a fundamental right."
Similarly, in Mayo versus National Farmers Union Property and Casualty Company, that's 3833P 2D54 1992.
The court stated that household insurance exclusions um did not infringe on travel rights because they quote at most inhabited end quote decisions to travel together by automobile but imposed no constraint on separate travel by automobile or joint or separate travel by other means. Federal courts have agreed with the district court of Colorado in Meisman versus Fremont County in which noting that requiring driver's licenses is a valid exercise of the state's police power and that conditions precedent to granting a driver's license, car registration or license plates do not infringe on constitutional rights. And in that ruling, they were citing Supreme Court President B. Buren that is 402 US 5351971.
And your honor, would you like three copies?
>> I'm I'm fine.
>> But Mr. Meisman was a a defendant in in this court as well on charges.
>> Okay. So, we've reached the end of the trial. Now, let's hear the judge [ __ ] all over his dreams of not getting a license.
>> Will we rest on >> All right. Thank you. So, I'm going to I'm going to we're going to go way back to this constitutional argument. Um, we're going to go back to the 10th amendment here, which uh provides for certain enumerated rights as belonging to the federal government, which your um stance is, Mr. Fuller. Um but there are also powers. So there are enumerated rights. There are also implied rights. Um anything that's not enumerated or implied is reserved for the state governments such as creating local governments, regulating interstate commerce, and that's within the state.
Creating and maintaining public schools, protecting public health and safety, regulating marriage and divorce, holding elections. Um there are also some exclusive federal powers and there are some concurrent powers um shared with the state. States have the authority under the 10th amendment to regulate the operations of motor vehicles on highways, public highways, public roads within that state. No, I'm not. This is my ruling.
You've you've been asking where it all comes from. I'm telling you where this all comes from. So the state requirements pertaining to licenses, registration, insurance are a valid exercise of the state's police power and the authority of the state to enforce those statutes fall within the constitutional exercise of the state police power. And you are right.
Traveling is a a right. Traveling between states is a right. But driving, it's a privilege. And this state, this state of Colorado has the authority to enact laws regulating driving, including a license registration, uh, insurance, license plates, how they are displayed, and those are rightfully enacted by the state and necessary for public safety.
and in order to respect uh the operations upon the highway of all motor vehicles. So, it's not something everybody has to have, right?
Everybody has to have a driver's license. It's a comprehensive scheme for licensing and regulating motor vehicles.
Now, I went way back to 1914 to Henrik v. state of Maryland, which is still good law and probably cited in all the cases that uh that you've cited. And the Supreme Court said a state may rightfully prescribe uniform regulations necessary for public safety and in order uh in respect to the operation upon its highway of all motor vehicles, those moving in interstate commerce as well as others. And to this end, it may require the registration of such vehicles, the licensing of their drivers, charging therefore reasonable fees graduated according to the horsepower of the engines, a practical measure of size, speed, difficulty of control.
This is but an exercise of the police power uniformly recognized as belonging to the states and essential to the preservation of the health, safety, and comfort of their citizens. So you remember when I said some of the powers reserved for the state uh the protecting the public health and safety. So that is from our constitution of the United States allows the states to enact laws that protect public safety. And these regulations with regard to licensing and registration and insurance and the like um does not constitute a direct and material burden on interstate commerce.
>> Damn. The judge cited a 1914 case that destroys the sovereign citizens right to travel without a license argument at its base.
>> So Mr. Fuller, the laws of the state of Colorado, as cited in the citation you received, the court is finding were violated. They are laws that apply to you. They are laws that are constitutional. They are laws that the state of Colorado has enacted with permission from basically the Constitution of the United States.
because it protects the safety of its citizens.
Therefore, the court is finding that in 22T10889 conviction enters for counts one unlawful display of a license plate, you repeatedly indicated to the officer that you did not you showed a madeup license.
Um, but you did not have a Colorado state or or any other state license plate affixed to the back of your that was a valid license plate with a valid registration >> and that um and that you drove your motor vehicle after >> not registered. It can't be a motor vehicle. M >> Mr. Polar, I I appreciate your arguments, but they are they are flawed.
uh that you uh continued to operate a motor vehicle after revocation of your license by the Department of Motor Vehicles was in effect. You had notice of that. Um >> but I never had a license and Colorado can't revocate a license that don't exist. M >> Mr. in 34 years.
>> Your your argument is flawed in that because you continued to drive and because you continued to pick up points even though you didn't have a valid license. A valid license is not something that it's held and you put little checks on it. Even though you >> may have turned your license in, you had enough points that your driving privileges, >> that's what I want to your driving privileges, >> obain points when I have nothing to obtain >> by the state of Colorado, according to your DMV packet here. There is enough in here to prove to this court that your license was in revocation status and that you had notice of the revocation and either signed or refused to sign um the notices and proofs of service. so that when you were um driving on November 29th of 2022 in El Paso County, Colorado, you failed to have uh properly affixed license plates. you failed to have a valid registration and prove valid registration uh for the vehicle and that you were driving after revocation of your driving privileges by the state of Colorado had been um invoked in 22T6283.
the court finds that honor about uh July 1st of 2022 in El Paso County, Colorado.
You had a tail lamp that was um not properly working in violation of 424215.
You were driving without and admittedly so driving without a valid driver's license.
>> I don't like it. that you you according to the laws of state of Colorado as uh conveyed or conferred upon them by the United States Constitution, you do have to have a driver's license.
>> So, in other words, the state of Colorado, >> you also failed to have your motor vehicle registered in violation of 43 423121.
You failed to provide a valid policy of insurance to the officers. You said you had it, but the law the law is that you provide proof.
>> She said it was no good. It was on the phone.
>> There was there was nothing on the body camera footage that indicated that. You said to her, "I'm not going to show you."
>> You told her when I was >> You said to her, "I don't have to show you. I don't have to but I showed it to you.
>> He said I don't need a license. That's a [ __ ] right. Lady, you got to learn the law would not show her insurance.
Although he said he had it.
>> Okay.
>> And that's how that body still required by law to contract with the state to use the public road. And then and then uh you also I'm finding that again um in violation of 422206 subsection 1A you operated your motor vehicle after revocation um was in effect by the state of Colorado and that you had proper notice.
>> Um and I and I know you're not debating that. So >> but I got a question for you. When is the revocation going to be lifted?
You have to go to the Department of Motor Vehicles and ask them what the status of your license is and what it would take for you to get a license. I can tell you now you just amassed a whole host of points. So, I would venture to guess you just put yourself in a situation.
>> I haven't had a license since I come from Iraq.
>> I I understand that. that you must have a valid you live in the if you live in the state of Colorado or if you're going to be you must have a valid driver's license. If you are a resident of the state of Colorado, you must have a valid Colorado driver >> transportation and commerce in the state of Colorado >> for no money.
>> You you are citing a definition that is not recognized by this court or any court.
You're you're arguing that it is a commerce clause argument. However, >> but regardless, your honor, it's still a contract, right?
>> It is not a contract.
>> So, I don't have to go through the >> for financial gain. If you need a driver's license in the state of Colorado, whether you're visiting Aunt May or going to the store or going to court or going to work, >> it's free, right?
>> It is not. And it does not have >> if I got to sign my name to it, you know, that's a contract.
>> It's not a contract. It's a driver's license. And just because you sign your driver's license doesn't make it a contractual agreement. Just as signing your social security card is not a contract or signing your child's birth certificate is not a contract. You're so wrong in so many different ways that it's hard to pick my favorite. The state of Colorado has the authority, as I've repeatedly cited, to enact laws that require a driver's license in the state of Colorado. And so, for that reason, um, Mr. Fuller, I appreciate your arguments. It is not an argument that will get you anywhere but >> I see that >> in into trouble. And um I think I'm not a DMV like what their regulations are, but I think because this occurred in 2022, I think these points go back to 2022.
And so and and so you may you may be able to apply for a Colorado driver's license despite these convictions because it went back to 2022. But but so so they steal points on a license I don't have.
>> It's it's on your driving privilege.
>> It's on your driving privileges >> and and in order to exercise that privilege, you need your license.
>> I got to get a license.
>> Yes. But but that privilege you it it um >> No, >> the consequences still exist.
>> I've never had a license since I was what 19 years old. I can tell you I I would >> I don't know that is it a money grab for the state or what? Because I've never had this problem >> and and look at your driving record. So So if you want to if you have a cop he gave you a copy of that >> ma'am just for your reading this evening.
>> You see where the driving record is at, right?
Um, your earliest conviction in May of 2016 was um, driving when your license was under restraint, suspended, and that was here in Colorado.
>> That's right. Everything has been here in Colorado.
>> Well, you've got a conviction in North Carolina for driving with a revoked license.
>> You got a failure to appear in North Carolina. You've got to fail to answer a citation in New Mexico. Then you've got a failure to appear in North Carolina.
failure to appear in California, defective brakes, speeding, expired or no non-commercial driver's license in Illinois.
>> How quick was that?
>> In 1999.
>> Yeah, that's the last year I had my license.
>> Right. And then in North Carolina, back in 1984, you driving on the wrong driving wrong way. Expired license in 1991 from North Carolina. So, Mr. Mr. Fuller, I I appreciate your argument and you may not have had a license, but it does not mean in any way, shape, or form that you were not required under the laws of the state of Colorado to have.
>> What you're saying is the state's going to force me to get something I don't need.
>> But you do need it. And and you don't have you don't have to take my word for it. These convictions are entering.
>> I'm just you're telling me what I need.
>> But I have another case >> from point A to point B requires nothing. It requires a license >> in the state of Colorado because this is where all my trouble started right here.
>> Well, in in every state. I grew up in Ohio. I had to have a license.
>> Your honor, I've been stopped in a lot of states a lot of times and never had a problem.
>> Well, maybe Colorado is just not the place for you.
>> Colorado. That's right. You might be right, man. You might be right.
>> But I would uh in a week or so contact the Department of Motor Vehicles and ask them what the status of your license is.
>> Okay. You saying I should do that?
>> Yeah.
>> Okay.
>> Yeah. Because I'm um So, so I'm going to set a sentencing date >> for this and you uh when you come back to court, I'm going to because >> Yeah, because you are going to be on some type of probation and required to get a license. So, I'm going to give you some time.
>> You can require me to get a license. I can make it as a condition of probation or I can sentence.
>> Well, now what if I'm not what if I don't qualify for the conditions of the probation?
>> I know. Well, that's why I'm going to give you some time to figure that out and we're going to come back here on for sentencing on June 6 >> June 9 >> 69 >> June 9 at 9:30.
Take the June 9th >> 9:30 a.m. June 69 at 9:30 a.m.
>> 930 8 you know now your honor date they got that you got to uh call and make a reservation.
>> I I'm not telling you to get a license by then. I want you to just contact them and see what it >> even if I do contact Miss still takes that and and I was I was trying to get my MVR >> before I came here but I won't I ain't got an appointment. Maybe these guys can pull up a more current one on that day and we can if you can't get in with the DMV, they might have some information for you. Okay.
>> But after this today's coniction there where the requirements are.
>> Okay.
>> All right. Thank you, Mr. Puller.
>> Yes, ma'am. You have a good day.
>> You too, sir.
>> All right. So, that's the end of today's video. Of course, he was found guilty on both charges, and he has a sentencing date coming up in June. So, stay tuned for that update in the near future. So, if you like the video, hit the like button. If you disliked it, hit the dislike. But don't forget to leave a comment below and subscribe with notifications on so you don't miss any of my content. I'm Team Skeptic and I'm out.
Here we
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