The defendant’s conflation of the fundamental right to travel with the regulated privilege of driving is a classic example of legal pseudo-science. This case highlights the persistent futility of using "sovereign citizen" rhetoric to bypass established public safety mandates.
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I Don't Need No Stinking License!追加:
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 AU advisement 289.
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 previously waved your right to a jury trial. Um, and that is still your intention?
>> Yes, you.
>> Okay. 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 uh 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 2 in 22T 6283.
>> No this is about an hour >> signal lamp violation which is 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 2 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 made 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 22T 10889. 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 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. All right then.
>> Mr. Teer, Mr. Sean about just real quick. Did you say July 22nd for 22T628?
>> I'm looking. I'm sorry. July 1st of >> Okay. Thank you. Make sure.
>> Sorry. Sorry. I saw the Sorry.
people will call officer Spanelli to the state.
>> Okay.
>> Hi. If you want to come forward, raise your right hand. 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. Have a seat in the witness stand.
>> And is this the 22T 6283?
>> Yes, we'll start with that one, your honor.
Please state your name for the record.
>> Right now he's thinking, don't f this up against the softset. Don't f this up against the softset. That would really be embarrassing.
>> Talia Spanelli.
>> And what do you do for a living?
>> I'm a police officer with the Colorado Springs Police Department.
>> Do you have any special trainings or certifications?
>> Well, I'm postcertified and I'm a domestic violence subject matter expert, firearms instructor.
Do you recall responding to a call for service on June 1st, 2022?
>> Um, on I believe it's July 1st of 2022, I conducted a traffic stop.
>> What was that traffic stop for?
>> Um, there was a driver's side tail light out.
>> Did you have your body worn camera?
>> Yes, sir.
>> Was it turned on? Yes.
>> Can you uh show us where um the body work camera sits on your uniform?
>> So, uh at that point it was just right here above my on the left side of my body at um middle chest height.
>> 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? All right. Body warn camera. So admitted >> to exhibit one.
>> Officer Spinelli, >> the footage we just watched.
>> Oh, good lord. Did they actually have a projector we have to turn the lights off?
>> 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 this premarked as people's exhibit two.
>> I like how he gave it a glance like he knows what to do.
>> Officer Spanelli, does exhibit 2 purport 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 throw 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, >> he went out.
>> Well, Mr. Fuller, just review what they've tendered. Um, while you're looking at it, I I left a piece of paper on my desk.
>> 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 >> with no driver >> 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.
>> Thank you your honor. Also just five pages >> 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 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.
>> 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 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.
>> Uh yes, he did. That's That's one of the main reasons we're here.
You should have picked that up at the arraignment.
>> He's trying to bury me in.
>> 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 2.
>> You just admitted you don't have a driver's license and they're prosecuting you for driving without a license.
Then you claim it's false somehow.
>> No further questions, your honor.
>> Mr. Mr. Fuller, do you have any questions um for Officer Spinelli?
>> Yes, sir. 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.
>> N is not an expert in the law. So, >> well, she wrote no ticket for >> No, Mr. Fuller.
>> Well, I'm going to tell you this like to see.
>> But no, no, no.
>> There is no law.
>> Mr. Fuller, Mr. Fuller, we're going to follow procedure. And so you've asked a witness a question.
She cited you.
>> She cited you on your ticket under the Colorado Revised Statutes 424 215 42 101 subsection 1 231 sec. Wait a minute. And and that those are the laws that she cited before.
>> But the law I'm constitutional right.
>> Well, wait. And that's your ar 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.
>> Now, see the reason why I asked that question, Yiana, 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. Y >> I understand that. But the laws in the Colorado Revised Statutes, >> it does not in my life.
>> Wait a minute. Wait a minute. You >> How can she write me for something I don't use? um because you're required to.
Are the questions gonna get any harder here?
>> You and I are you're gonna I'm gonna 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? She can't answer why she wrote me a ticket without a license.
>> She Well, she could answer that. She >> It's not required under any argument.
>> Not arguing. Not arguing.
>> That's not a state.
>> 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 cite 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.
His one question so far he couldn't even get out himself. The judge had to help him.
The rest of it was nonsense softset argument.
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.
So, they 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. So I >> That's not a question.
>> I'm just 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 starting 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, you're on.
>> All right, you may step down. Thank you.
Back to >> um Okay, back to >> Yes. And you are free to go.
>> Oh my god, this guy is stupid. It's It's next level stupidity.
>> Thank you.
>> Would you like to see exhibit two?
>> Sure.
All right. Any other witnesses?
>> Um, your would you like us to call for the next case or should we rest?
>> I 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 in 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 stand.
>> Thank you.
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.
>> 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.
>> Please spell your name for the record.
>> Uh, Officer Zachary Forester. Last name spelled F O R R E S T E R.
>> And did you respond to a call for service on 1129 2022 to North Poulevard?
>> Uh, yes. Yes, I responded to a traffic stop initiated by uh CSPD Sergeant uh Al Rogers.
>> And what did you see when you arrived on scene?
>> When I arrived on scene, officer Rogers had stopped a vehicle, an SUV with no plate attached, and he had informed me he had contacted the driver.
>> Okay. What did you do next?
>> Um with the information furnished to me by Sergeant Rogers, um he did not have a signin for our ticket writing program, so I furnished the ticket for the style.
And who did you furnish the ticket for?
>> Uh, Mr. Daryl Fuller.
>> Is he present in the courtroom today?
>> Yes.
>> Can you identify him with the piece of clothing he's wearing?
>> He seated at the table wearing a blue shirt.
>> Thank you. And were you wearing your body worn camera that day?
>> Yes.
>> Uh, was it turned on?
>> Yes.
>> And can you point to your body where uh the camera sits?
>> The body warn camera sits approximately the center of my chest.
>> All right. Thank you. Y, may we dim the lights?
>> Yes. Thank you.
Is this the CD I showed you in the hallway?
>> Yes.
>> Are these your initials?
>> Yes.
>> Let the record look reflect while people are showing the defendant.
>> And that's the body warrant camera.
>> Yes, your honor.
>> Any lawful objection, Mr. >> He didn't stop. I never seen him at the track.
>> He that was his body. He testified that that was his bodywn warn camera >> and him didn't have that conversation.
>> He issued he signed the citation. Um he signed the citation. Objection overruled.
>> So what did you what did you stop me for? He don't know. He wasn't dead. He showed up at the >> 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 22T10889.
>> 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 him off. See, he wrote there.
>> Officer Forester, were you the one that um ran the defendants's name for DMBB purposes?
>> Yes.
>> I'm showing the defense what's been pre-marked as people's exhibit 2 certified Dus packet.
>> Permission to approach.
>> Yes.
Officer Forester, take a look at page yeah number two.
Does exhibit 2 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.
>> She might have been standing behind me, but he never confronted me. So he don't know.
>> And that's fine, Mr. Bowler. 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 >> I didn't 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 and 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 over ruled so admitted.
>> No further questions, your honor.
>> Okay. Um, exhibit two is admitted.
>> All right. Mr. Fuller, questions for Officer Forester.
>> What state 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 is a required statuction, >> your honor, that uh calls for the witness to be an expert in the law.
>> Well, 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 right to travel. You saying we don't? We have to go get your permission.
>> All right. We need to object. This calls for legal conclusion and it's argumentative and he's he's he's arguing. He's not asking questions.
>> Mr. Fuller, >> that's a fair question. Y >> ask him a question.
>> Just ask me a question. What What law what statute?
>> It's It's not a fair question.
>> It's an objectionable question. It 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 >> that's the ticket that makes him what?
Low >> that it's cited on the ticket.
>> Okay.
>> Thank you. Um >> yeah, you could have read your ticket.
It would be uh Colorado revised statute 42-2-2061A.
>> Okay. And you know that revised statute 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 >> objection calls for legal conclusion assumes facts not in evidence that the premise of the question is is wrong as a matter of law >> requires me to do that >> you were required to drive with a license.
>> I'm not required to drive. Yeah, driving. I travel. I told you that. I told him that.
>> Objection. Badgering the witness.
>> Sustained. This >> is it against the law to travel.
>> This is your argument to the court. The witness has testified that he cited you under 422206 subsection 1A of the Colorado or by 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? decided you >> asked and answered >> 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 statute you just said that >> the same law >> okay so what statute requires me to go get your license 42 title 42 >> asked and answered would somebody make a goddamn objection You got to control this.
>> What statute?
>> I can give it to me.
>> Yeah.
>> So you you know >> 22101 one mark.
>> 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 statue.
>> My problem with him. He did not stop me.
>> He come up to the traffic. I was stopped doing.
>> Ask a question, a-hole.
I don't care what your argument about your problem with him is. Ask a question.
Like, did you stop me?
If you want to establish that he didn't stop you, ask him that.
Oh my god, this is painful.
>> Powers. We went to the behind the uh what was it? The uh whatchamacall 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 >> 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.
>> The prosecutor strikes me as not seasoned.
He's doing okay. He's doing a good job, but you you're you're not going to have your highest end litigator in the office uh trying this case.
You try a bunch of garbage like this to get good >> 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.
>> This is just what I don't understand, y'all. How can you revocate 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 I don't use?
>> Any other questions for this?
>> No, ma'am. No. No more for questions.
>> Any >> No, your honor.
>> Thank you.
>> He'll be fine. He's just timid. He's not doing anything wrong.
He's just timid.
>> Would you like to?
>> I would, please. And thank you. Can you um I'm going to write down Any other witnesses?
>> No, you are.
>> All right.
>> People rest.
>> All right. Thank you, Mr. Fuller. Yes, ma'am.
>> 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 every >> He is way too stupid for this concept.
Your case and chief is presenting evidence on your behalf.
If you don't have any evidence, well, you're resting your case by default. That's what's happening.
You want to make your stupid constitutional argument that's absolutely wrong. That's fine. But that's not evidence. That's argument.
You do that after you arrest your case.
Good lord. But 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 one 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 this 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 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 this 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 a number of 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.
>> Mr. Fuller, sir.
since you're >> he did a nice job. Some of this stuff is just boring and he's got the burden of proof and you have to do this and and whatever. Um I would have mentioned, hey, this guy thinks this guy's admitted open court here today that he doesn't have a license and he doesn't think he needs a license. So, let's go ahead and decide this as a matter of law and whether or not he needs a license on top of everything he he just said. But, you know what? He's he's doing fine. He's a young attorney. Uh I mean this kid will be good. He he's you know he was in his diapers when I started doing this if that.
So you know I'm not like beating him up.
I'm I'm just saying what I what I see here >> opportunity and yeah >> you know he's referring to driving.
Driving is making the public roads a place of business for property.
>> Absolutely. because I take a lot of notes.
>> Driving is making the place of uh making the public roads your place of business for profit.
>> No, it's not wrong.
>> But 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 v Chicago motor coach.
>> You have a site for that?
>> A site as in I can show, >> you know, Chicago v. Chicago Motor Coach. Um, sounds like an Illinois case.
I could be wrong. I could be wrong, but it seems to me that you're in uh Colorado.
So assuming this case says what you think it says and it doesn't but assuming arguendo it says what you think it says it's not binding law in the state of Colorado plain and simple to you I can show you what I get it the the case law oh I know what you're talking I understand what you're talking about now let me get it Um but see they all refer to driving.
Driving is making the public road to face a business for profit. Again you you using the public road for profit.
Traveling you don't it's not required under any law. You don't have to have a license registration or anything. And and >> it's not required under anyhow.
>> Okay.
>> Uh yeah. 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.
>> I believe that's a Virginia case.
Also misstating the holding. It does it doesn't stand for the proposition he's citing it for.
Also not relevant. Also not binding case law in the state of Colorado.
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 prosecutors don't seem to understand the difference between travel and driving. That's two different things. So, he want everybody It is two different things. And driving is a privilege that requires if you're going to drive on public roads, it's a privilege that requires you to have a license.
You have a right to travel.
And all that really means is you can't the the states can't stop you at the border and tax you for coming in because that was an issue way back in the day and that was something they wanted to avoid. So you you can go from state to state without being taxed effectively.
You have a right to travel from one state to the other.
But if you can do that on the staterun roads, you need a driver's license. Got 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 going to 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, I'd like to see some authority for the proposition that we need to somehow pay you to get a driver's license.
Wrong again, big dummy. In fact, you have to pay a small fee to get a driver's license. It's not much, but you got to pay something cuz you got to lawfully amend the Constitution.
Well, I got to wave that right. I have not waved my rights. I still got my right. But you got to amend the United States Constitution.
>> Is that it?
>> Nope. And you got Kent 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 satur versus delies 96 APC 287 225 2D 983 and 941. The right to travel is wellestablished common right that does not owe its existence to the federal government to it is recognized by the courts as natural rights and you know the states can't diminish my rights they they oh you you driving I have not driven a car lawfully since 1999 I've traveled in a 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 law and constitutional right to travel upon the roads and highways that are provided by the governments for that purpose. Licensing licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of a uh an inalable right. So I'm >> which is number one wrong not giving up my rights but you telling me I got to go get his license. 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 because 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.
They can they will and they did.
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 We still use it.
>> Right. Right. Well, it has been overruled, but go ahead.
>> So, you're 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 way that's full argument.
You have um eight n you have >> Yeah, you might want to shephardize that.
>> Um >> Okay, >> three minutes left.
Miranda versus Arizona 834US 436 1966 where rights secured by the constitution are involved there can be no rule making or legislation which arbit arbitrates them though you overruled that one that been overruled no it ain't you use it now millus 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, ma'am?
>> 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.
>> L 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.
Mhm.
>> You have a minute left and then I'll I'll give you my ruling and insight to you my >> the fundamental right to travel is not a privilege.
>> It is a gift granted by your maker. And >> uh spoiler alert here, dummy. She's not buying it. 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.
I got one more. Freedom to travel is indeed an important aspect of the citizen's liberty which we first concern with the extent of any to do which Congress has authorized to contail me road Kent versus Dallas 357 US1627.
>> Uhhuh.
>> So you got a limit. That's a right. You can't take my life.
Um, and you are out of time.
>> Thank you.
>> You have seven reserved, Mr. Shear.
Thank you.
>> Thank you, Mr. Fuller. Sir, >> thanks for the stupid >> 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. 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. Burson that is 402 US 5351 1971 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 charge.
>> Will we rest your arms?
>> All right. Thank you. So, >> okay. That was impressive. He was loaded for bear for this stupid argument. He could have just said he's wrong and gotten away with it, but he said, "No, no, no. I'm I'm going to uh I'm going to waste a half hour of my life and and bring the actual case law. Good on him.
>> So, I'm gonna we're going to go way back 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 come 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. 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 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.
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.
And therefore the court is finding that in 22T 10889 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 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. Now, >> Mr. 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 in Colorado can't replicate a license that don't exist. M >> M Mr. Fuller >> 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 points >> 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 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.
>> How you 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 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.
>> I'm really starting to like this judge.
Not only did does she does she drop an bbomb by quoting him but she laughed in his face while being nice but laughed in his face when when he starts in with a how do I get a license question. 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 if 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 >> 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.
>> 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, u 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 so so they still 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 >> and I don't know that is it a money grab for the state or what? Cuz >> 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. cuz 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've got a failure to appear in North Carolina. You've got to have failed to answer a citation in New Mexico. Then you've got a failure to appear in North Carolina, failure to appear in California.
>> So he's only had problems everywhere he's been. Judge, >> effective breaks, speeding, expired or no non-commercial driver's license in Illinois.
>> You with that?
>> In 1999.
>> Yeah, that's 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. 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 states won't 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 cuz this is where all my trouble started right here.
>> Well, in in every state. I grew up in Ohio. I had to >> Yeah. Every state. Every state and and territory I'm sure as well.
>> 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, then what if I'm not what if I don't qualify for the condition of the probation?
>> I Well, that's why I'm going to give you some time to to figure that out. And we're going to come back here on sentencing on June 6 >> June 9.
>> 69 >> June 9 at 9:30.
>> June 9 is >> 9:30 a.m. June 69 at 9:30 a.m.
>> I want to see that.
>> 308.
You have you you know now.
>> By the way, big shout out to Law Nerdsite. This is all Zach sending this to me. I was not going to do a stream, >> but this was too good. I had to do it immediately.
>> Honor Dave, 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 them, it still takes that. And it 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.
>> Well, 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 conviction where the requirements are.
>> Okay.
>> All right. Thank you, Mr. Puller.
>> Yes, ma'am. You have a good day.
>> You too, sir.
>> Hey, did you hear that?
Do I have at least two witnesses that they are committing treason? THIS IS TREASON. THEY'RE VIOLATING MY RIGHTS.
>> OH, that was so much fun. We rarely get that where they they actually bother to engage with the sovereign citizen. I understand why most judges don't because they're not interested in the truth and you can't talk them into anything. But in this particular case, the judge came and she had her ruling ready and she already knew all the nonsense she was facing. The prosecutor was also on board with it and he he got himself together.
The reason why they usually don't is they're just wrong and you can just rule against them and that's it and just say no, I don't find your arguments persuasive. That's sufficient.
That's that's all you actually need to do. But they they went above and beyond here. Uh both the prosecutor and the judge. It was charming.
It was a lot of fun.
All right. What do we have here? I'll take you out with our subsidal represent.
I am the sea. I am a boat. I am the government for papers and the papers are the people that is not me.
your honor. As you can see, I do not consent.
I do not consent.
I do not consent.
I do not consent.
Your honor, I am not the person in the video.
The evidence is clearly faulty. It was tampered with the person who you think is me has a different haircut. This is my birth certificate. The person is not me as you can see.
I do not consent.
I do not consent.
I do not consent.
I do not consent.
The case law of America says that if the person who represents me is the people who are not the papers.
I am the boat. I am the I am the boat.
I do not consent.
I do not consent.
I do not consent.
I do not consent.
I do not consent.
I do not consent.
I do not consent.
I do not consent.
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