Government has the authority to regulate travel and require driver's licenses, as the 14th Amendment's right to travel does not grant immunity from traffic laws; citizens can be required to obtain licenses and face penalties for driving without proper documentation, regardless of constitutional arguments about the right to travel.
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Cocky Sovereign Citizen Claims Police Can’t Stop Him… Judge Brings Him Back To Reality追加:
This defendant believes his Alabama license makes the charges invalid, but the judge quickly explains the situation is far more serious than he expected.
>> Mr. Resto, um so, Mr. Resto, you have two cases. You have um count case number You hear me?
>> Yes, I hear you.
>> So, you're before the court on 2019 CR 04954 for driving on a suspended or revoked license, no license, failure to display license, uh failure or failure to have license on person, I'm not sure it cuts off, and no tag or expired or invalid tag. So, that's on the first case. On the case from 2020 03114, you have a suspended or revoked license.
You're represented by Lister and Holt on one of the cases, but not on the other.
Did you want Lister and Holt to represent you, or did you want to represent yourself?
>> Uh I'll represent myself.
>> On both cases?
>> Uh yes, yes, ma'am. Uh I have a quick question as far as the law concerning when it comes to your driver's license.
>> Okay.
>> Okay.
You're only allowed to have one driver's license, and I have I have an Alabama driver's license, so when I get pulled over, I actually show them my Alabama driver's license, and it's current, it's the most current. And so, they make a determination if they should go off the Georgia driver's license or the Alabama driver's license. And when I present the Alabama driver's license, they let me go because my Alabama license is valid, and you're only allowed to have one, and I had Alabama license.
>> So, my belief this sounds like a not guilty.
>> Okay.
So, Mr. Resto, what Mr. Taylor is saying is this is something that you could prove at trial. If you um present that information at trial, then um that means you want to go to trial instead of taking a plea. I don't know what the recommendation is.
And I don't know >> the the recommendation was Um I think I was I've been dealing with this case for awful long time now. So, I don't really want to go to trial. Just want to get it behind me, but I think that the recommendation I remember the recommendation quite clear. They offered me 40 hours of community service. Is that still on the table?
>> Okay, no, Mr. Resto, it's more than that. So, let me explain why I know it's more than that. So, the basic uh fines and fees for driving on a suspended license is the first time in 5 years if you get one, then you're you can enter a nolo plea if you have a nolo plea eligible to you. And then the fine is $500. But if you get a second one, the fine goes to $1,000. A third one, the fine goes to $1,500 and 10 days mandatory jail time. You have a second one, which means that you might be able to enter a nolo to the first one, but then the second one is outstanding. So, when you took a plea to the second one, that would definitely suspend your license. So, that that's what's on the table.
>> Okay.
>> And it and the fines are hefty. So, you would get a plea on the first one and that's a $500 fine, which is 737.50, but the next one is going to be a thousand in addition to that and that's 1420. So, we're looking at almost two three that almost 2,000 25 2200 dollars.
>> I your honor, uh it's Mr. Resto represented on the particular case that we're referring to.
>> Well, >> didn't address him directly if you presented it because this is a serious matter.
>> I get you. So, that's why I'm saying Mr. Resto, you have representation. I can allow you to be represented by on both cases and they can help you work this out. But, understand that >> was already I was already represented by a Lister and Holt, and we kind of been going back and forth with the district attorney's office for a while, and you know, they've been giving me recommendations, and you know, I I I still didn't take it, but uh they've been giving me recommendations.
I don't know what's changed, but um it definitely wasn't $2,000.
>> Um talk to your attorney, and let them tell you what the recommendation they have on the table, okay? Cuz the recommendation, if you're represented, even if you're only represented on one case, the rec is probably going to come to your attorney.
>> Okay, now, does the If I enter like a oral motion of dismissal based on constitutional grounds, uh are you standing on your constitutional oath?
>> Okay, I I'm not I'm >> I'm not sure what that is. So, I I have taken an oath to uphold the Constitution, and to make sure that I treat people um as the law would direct me to do so. So, >> Okay, well, I I I asked this question uh previously when I was in your courtroom one day in regards to the uh right to travel under the 14th Amendment, stating that citizens uh do not need a permit to travel with a horse-drawn carriage, wagon, or automobile without interference by police, and I was on a public highway actually when I got pulled over.
>> Okay, so that That's not actually in the Constitution.
>> And the right to travel under the 14th Amendment was ratified.
>> I'm sorry. Go ahead, Mr. Taylor.
>> I just uh wanted to point out to the court that automobiles hadn't been invented when the 14th Amendment was ratified. That makes >> Yeah, it says it says it says automobile, horse-drawn wagon, or carriage.
>> Okay, so >> an an automobile is not necessarily a car, but it's a household good.
It's It's just a form of transportation.
It doesn't matter if it's an automobile, horse-drawn wagon, or a carriage because it's still a form of transportation and uh citizens have the right to travel without interference by police. So, I don't even know how the police are even allowed to interfere with travel when I'm not using my vehicle for commerce.
Uh your honor >> And it's it's a purely private household good.
>> Okay, so Mr. Resto, if somebody drove 100 miles an hour into the back of your vehicle and killed your a family member, would you want the police to interfere?
>> Uh that's that's uh murder. I mean, that's that's If someone got killed >> But they're traveling.
You can't interfere with somebody traveling.
>> No, I mean, you you you can't It's stated that a police just can't interfere with your traveling, like pulling you over for a traffic violation or you know, a a tag. It It It's >> But you want them to interfere if somebody >> murder somebody because of traveling >> okay, say you don't mar- murder them.
Say you just hurt them. Say you just damaged the vehicle. You don't want the police to interfere.
>> No No No, that because that That's when it almost become like an accident or a crime or whatnot, so the police can That's not really an interference. An interference with your traveling not an interference when two citizens engage in an accident. It's interfering with you just traveling. Now, police officers, far as public servants, they have a duty to serve to the people. So, if a car accident occurs, then of course, public servants, far as ambulance, far as firemen they would come to the scene just as a service. But for you to just interfere in my traveling is actually a violation of the Constitution.
>> Well, sir, the Constitution and the and the cases that have come out of the constitutional jurisprudence allow cities and states and municipal organizations to regulate travel for the benefit of the citizens. So, they can put reasonable regulations on travel, meaning they can have you can have a license. They can grant you the privilege of having a license to drive.
They can regulate how your license is take is seen if you don't have a license or if your license is suspended, they can intervene to take your license away or your privilege to drive away. You could it is a crime. You can be convicted of not driving under a proper license. So, the government is allowed to intervene in a lot of ways with people traveling. So, I'm not sure where this information comes from, but there's a lot of stuff on the internet about traveling and the 14th Amendment and horse and buggies and even maritime law, but >> I mean automobile automobile was actually created before driver's license was ever created.
So, people was actually operating their case pamphlets where people was actually operating vehicles before driver's license ever became. That's actually Y'all you guys are actually a conflict of interest actually far as you being in cahoots with the DMV. That's a totally separate entity.
>> Okay.
>> some reason >> Resto, do you want to resolve the case because it's not >> I want to resolve the case. I just >> I disagree with the with the with the fine amount because it changed. I would pay a I would make an offer like I can do a thousand dollars, maybe 12 month probation.
>> Mr. Resto >> dollars, that's excessive.
>> Mr. Resto, we're not negotiating. Those are statutory fines, meaning they're written into the law. I can't even change them.
>> Can I I make a counter offer to the state? Let's say it's it's $1,000. Is that Can I be Cuz I did do time in jail.
If the state would see that and count >> That's why I'm saying that you may want to speak with an attorney because certain things that they can negotiate, I can't change the statute. I can't change what's written in it, but they can negotiate and if the solicitor wants to give you credit for time in jail in lieu of the fine, those are things that they can do that I can't do.
>> Yeah. Yeah, so so I would ask to the uh district attorney uh knowing that I I I did serve some days in jail, can you guys lower the fine and I just go ahead and end this case right now? I can I can do a thousand. I got a thousand dollars right now.
>> Mr. Mr. Resto, so that's a conversation that you need to have with them directly without me being present, number one.
Number two, the reason I keep saying you might want to go through your attorney is because they can explain to you what is already on the table and how that may or may not change, okay?
>> What what What's on the table now?
>> I don't know. That's what I'm saying. I would rather you have that conversation in a breakout room with your with the attorney who's assigned to your case and with the state as opposed to here in the main room. One, because I have other cases that need to be addressed and two, because that's not information I need to hear.
>> Okay, is it is it anything I can do to get this case resolved now because it's been lingering on for a while.
>> you what to do, but you're not listening, Mr. Resto.
Mr. Resto.
>> today, like I want to resolve this today.
>> I get that you want to resolve it today and I'm telling you what to do, but you're not listening to me. I said you can go into a breakout room with your attorney and the attorney and you can discuss what's already on the table and then if your attorney wishes to speak with the state to clarify anything, they can do that, too.
But you're not going to get it resolved by going back and forth with me because there's stuff I cannot do.
>> Okay, um just tell the state that I'll take that recommendation. I'll just pay the 2,000 if they can give me 12 months to pay it off.
>> Okay.
>> if I can pay it off earlier my probation would be terminated, that would be great.
>> Sure. I was discussing with Mr. >> Mr. >> And I understand something changed about his bond.
>> Okay.
He has bonds with two bondsmen. I don't I mean I don't know of anything. Does he have Did he Did somebody come off a bond?
>> Your honor, maybe I can address that question.
>> Okay.
>> um Our office filed a motion to revoke bond.
And that motion was granted to roll nisi and it was calendared.
That motion didn't happen because of the pandemic. It was I believe scheduled to happen in 2021, maybe February, but somewhere um about that time.
I informed Mr. Kamoni to inform his client that depending on the outcome of today's arraignment, the state proceed intends to move forward on that bond revocation. Your honor, may I make a request on that matter? That I show in person for that for him.
Zoom court is a remote appearance is not sufficient.
>> The defendant stops arguing and starts negotiating once the fines and bond issues become real.
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