Arnold v. Georgia

Case No. SC-2008-CR-006252 STATE OF GEORGIA, Plaintiff, v. WILLIAM A. ARNOLD, Respondent.
In The MUSCOGEE COUNTY STATE COURT
ARNOLDS SPECIAL DEMURRER Assertion of Rights William A. Arnold (Arnold) asserts all his unalienable rights, privileges and immunities at Natural Law, Common Law and Maritime Law, and all his commercial rights relevant to this state. Special Appearance Arnold asserts his special appearance, objecting to the courts subject matter jurisdiction, personal jurisdiction, and venue. Objection to Non-Judicial Decision-makers Arnold objects to, does not consent to, and affirmatively withholds all consent regarding, the assignment of this case, in any part, to any decision-maker who is not a judge (1) who has been properly elected or appointed and (2) who has an active oath of office. Cf. Gonzalez v. United States, __ U.S. __ (12 May 2008) (If the parties consent).
Special Appearance, Special Demurrer (Arnold) 1 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
Special Demurrer Arnold moves for dismissal of each and every charge. Discussion General Demurrer is incorporated by reference. Arnold continues his objections to this courts exercise of subject matter jurisdiction, personal jurisdiction, and venue, as discussed in his General Demurrer. Due Process Affidavit and Brief is incorporated by reference. Arnold continues his objections to the horrific Due Process problems inherent in this case, as discussed in his Due Process Affidavit and Brief. Non-waiver of Arraignment document is incorporated by reference. Arnold recognizes the courts good faith effort in trying to get an Arraignment into the Record, and for reasons beyond the courts control, Arnold still objects to Notice in this case, these cases. Moreover, should STATE opt against dismissal and in favor of amendment, the Arraignment sequence will start all over, again.
What is STATE OF GEORGIA? Since STATE OF GEORGIA has an EIN No., it follows that STATE OF GEORGIA is a commercial entity. If STATE OF GEORGIA were independently sovereign, it would be beholden to nothing, and its citizens would not be paying taxes to anything except the state sovereign system acting as agent for those people. Where STATE OF GEORGIA does not defend its citizens from/against tax claims of another Special Appearance, Special Demurrer (Arnold) 2 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
commercial entity/system, it follows that STATE OF GEORGIA is a commercial subsidiary of that other commercial system. Moreover, its impossible to have a legitimate governmental system where there is no legitimate Money in general circulation. Thus, where there is no gold or silver Coin in general circulation, and where what passes as legal tender does so solely because it is so labeled, it follows that the system that tolerates that funny money scam, evidenced by the prosecution of no one who runs that funny money scam, is a commercial system. Still further, that funny money-based system operates not per the Law of the Land, but rather per the Law of the Sea. Only in this legal environment may the funny money scam remain unprosecuted. That legal environment is that of a Constitution-free, maritime, commercial zone. What is STATE OF GEORGIA? Its a commercial entity operating commercially, via a tax exemption certificate, in a Constitution-free, maritime, commercial zone called this state. How does a commercial entity end up with authority to define a crime, much less the authority to prosecute one? STATE OF GEORGIA has no standing, here.
What is this state? Unless one has been down this path before, this will seem strange, at first. So, if this is the first time to study into this state, just keep in mind that both the federal trial court and the federal appellate court considered the analysis Arnold argued in his income tax case to be strange. But, neither the Solicitor General of Special Appearance, Special Demurrer (Arnold) 3 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
the United States nor the Supreme Court of the United States considered it strange, at all. See Arnolds Due Process Affidavit and Brief. In fact, by the time Arnolds case arrived in Washington, the opinions in Blakely and Booker had been documented formally. It turned out that Arnold had argued the essence of that same policy a year and a year and half, respectively, before it was documented formally as federal policy. With that firmly in mind, lets examine into the concept of this state. The place called this state is the place that provides the choice of law, if that choice is agreed to. To run the funny money scam AND to justify the non-prosecution of that systems creators, the fundamental choice of law cant be the Law of the Land. Under the Law of the Land, this federal reserve note system is fraud, at best. A bit more accurately, its an act of war against that system and the people of that system that prefer an honest system of weights and measures. Cf. Lev. 19:35-36. Thats called treason. So, where there is no prosecution of treason, and not even any prosecution for fraud, it follows that there can be one and only one fundamental choice of law that justifies/explains what we see (and dont see). That choice of law is the Law of the Sea. To create a system where scams in the name of government are not fraud, there first had to be a change in the fundamental choice of law. In order to implement that change, the place called this state was created. To give those people credit, this really is brilliant, insidious, but brilliant.
The place called this state, then is theoretical, abstract, intangible. It has no borders or boundaries. The expanse of this state isnt measured geographically quite as clearly as it is measured by the existence of the funny money. To put a geographic scope on the abstract concept of this state, which is not Georgia state, State of Georgia, or STATE OF GEORGIA, heres the picture: 48 contiguous states, D.C., Alaska, Hawaii, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, Virgin Islands, and all the rest of the territories and protectorates. Picture a clear acrylic sheet hovering 25 feet in the air above that geographic expanse. Theres nothing significant about 25 feet. Its just that to look at something 25 feet in the air is to look up, i.e., away from the land, which is the entire point of this choice of law exercise. To see that clear acrylic sheet is to see this state. Keep in mind that maritime law provides the rules of decision for all matters that accrue in the water or in the air; hence, the picture of a place in the air. That place in the air defaults to a choice of law of the Law of the Sea. In other words, it is a Constitution-free, maritime, commercial zone. For perspective, STATE OF GEORGIA is a commercial player in that Constitution-free, maritime, commercial zone known as this state. Heres another way to picture this state. GA is a county within this state. The capital of this state is DC. FL, NY, CA, etc. are all counties within this state. Here are some illustrations of this point. Per Pennoyer v. Neff, 95 U.S. 714 (1877), Service of Process beyond the border Special Appearance, Special Demurrer (Arnold) 5 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
of the State is of no authority. But, we have today these statutes called long arm statutes that pretend to justify and authorize Service of Process beyond the border of the State. What changed? Asked another way, when and how did Pennoyer v. Neff ever get overruled? In actuality, Pennoyer v. Neff has never been overruled. So, the focus is on whats changed? And what has changed has been the money, hence also the fundamental choice of law. The current system has left the Law of the Land and has moved to this state. By way of analogy, its as if the people of Britain (Law of the Land, Pound Sterling) went to sleep one night in their own beds but woke up the next morning on the deck of a huge barge anchored in the middle of the Rhine River in Germany (Law of the Sea, worthless paper (Weimar Republic)). To illustrate this further, lets apply Pennoyer v. Neff in a few different contexts to solidify the difference between the Law of the Land and the law of the place called this state. If Calvin from California sues Ned from New York in California, how does Calvin serve Ned? Unless Ned shows up in California, or else has an authorized agent in California, Calvin doesnt serve Ned. Why not? Pennoyer v. Neff. (Calvin would have to sue Ned in New York.) But now lets say that CALVIN (not Calvin, but CALVIN) from CA (not California, a State, but CA, a federal zone) sues NED (not Ned, but NED) from NY (not New York, a State, but NY, a federal zone) in a CA court. How does CALVIN serve NED? By mail.
Calvin and Ned operate under the Law of the Land. But CALVIN and NED are no longer on the Land; instead, they are in this state. And, in this state, CA and NY are just counties. So, in this state, there are no States; hence no State borders to cross. So, its not really a question of whether Pennoyer v. Neff has been overruled, because it hasnt been. Instead, that analysis has simply been rendered irrelevant, in most circumstances. Where the Law of the Land is not applicable, then Pennoyer v. Neff is simply irrelevant. Heres another illustration. Lets reflect momentarily on the trial location of the criminal cases arising from the Murrah Building bombing in Oklahoma City. On a first read, those criminal cases were transferred across the State line. Since Art. III, 2, Art. IV, 2, and the Sixth Amendment overtly prohibit exporting criminal cases, the transfer violated everything in sight regarding restrictions on jurisdiction, IF those courts were limited by the so-called Constitution. What really happened was this. Those cases were not brought in Oklahoma, but rather in OK (i.e., in the Constitution-free, maritime, commercial zone known as the Western District of Oklahoma). So, when the transfer of venue question came up, transfer from one county of this state, namely W.D. Okla., to another county of this state, namely D. Co., happened at the stroke of a pen. There was no violation of Art. III, 2, Art. IV, 2, or the Sixth Amendment, because the jurisdiction being exercised was the special maritime and territorial jurisdiction of 18 U.S.C. 7. In other words, the jurisdiction was not that of the Law of the Land, Special Appearance, Special Demurrer (Arnold) 7 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
or of Oklahoma, or of Colorado, but rather that of the place called this state. In this state, which is a Constitution-free, maritime, commercial zone, the federal districts are counties. 1 Thus, Art. III, Art. IV, and the Sixth Amendment were not violated, because all of that language is simply irrelevant to and in this state. Thus, the transfer of those cases was simply an in our face slam on the idea that theres a Constitution that has any relevance to anything. The place called this state is a legal fiction, in the exact same way that a corporation is a fiction. Its just that this state is a place rather than an entity. And, STATEs burden is impossible to satisfy. Arnold was not doing anything in this state, and he declines to agree to any choice of law term that designates this state as the choice of law provision. Arnold was at all times in Georgia. If Arnold did something or didnt do something, that something done or not done was conduct within Georgia, rather than within GA, a county in and of this state.
What does operate mean? To construe a statute, the preference is for an understanding that is lawful. Therefore, in light of Gonzalez v. Carhart, 550 U.S. 124 (2007) (Carhart), which In the same way that Pepsi and Coke will design different sales territories for the very same geography, and use different map overlays to illustrate those regions, the geography is divided into counties differently for different purposes. For some purposes, the map overlay shows what wed ordinarily think of as States. For those purposes, the states are the counties that comprise this state. For other purposes, the map overlay shows the federal districts, which for those purposes, are the counties that comprise this state. Special Appearance, Special Demurrer (Arnold) 8 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
1
addresses vagueness, operate means engaging in the line of commerce called transportation. It cant and doesnt include traveling. STATE may regulate transportation. STATE may not regulate traveling. To operate is to engage in transportation, which is subject to STATE authority to regulate commerce. To travel is to exercise a right. Operate is not a purely factual term. Operate does not mean sitting behind the wheel. Operate is a legal conclusion. And, to prove of the legal conclusion of operate, STATE must prove up commercial conduct, specifically conduct relevant to transportation. STATEs burden is facially impossible to satisfy. There was/is no manifest for passengers. There was/is no manifest for goods. There was/is no remote concept or intent on Arnolds part to remove goods or people from here to there for profit or hire, at all, much less within a choice of law of the place called this state. Arnold was, at all relevant times, traveling in Georgia, not operating in GA, which is a county in and of this state. Moreover, to charge someone criminally for exercising a right is to commit a crime. See, e.g., 18 U.S.C. 241, 242. And, to use the criminal prosecution process as the mechanism to coerce an agreement to engage in any line of commerce is called extortion. Commerce simply cannot be compelled. Cf. Griswold v. Connecticut, 381 U.S. 479 (1965). In Griswold, STATEs intent to criminalize the use of contraceptives was thwarted. The Court talks about privacy. Here, well talk
about commerce. To criminalize the use of contraceptives is to compel the commercial family (the couple married by license under the law of this state) to engage in commerce, namely making babies. Cf. UCC specially manufactured goods. 2 Since its illegal to compel anyone, even someone licensed for this or that line of commerce, to engage in commerce at any time for any reason, it follows that its illegal to compel a licensed couple to make babies. The licensed couples were being compelled not only to engage in the commerce of making babies, but also under threat of criminal prosecution, exactly as we find here.
What is a motor vehicle? We can read the statutory definition, but to read only that is to remain distracted and confused. Heres the statutory definition: (33) Motor vehicle means every vehicle which is self-propelled other than an electric personal assistive mobility device (EPAMD). GA. CODE. ANN. 40-1-1(33) (2008). Hidden is the algebraic inclusion of the term vehicle, which definition overtly depends on the term transportation. See GA. CODE ANN. 40-1-1(75) (2008). That begs what may be the most fundamental question throughout this case:
Yes, this entire system is insidious as all hell. Its all commercial regulation. This is where STATE finds its greatest evidentiary problem, and the people hose themselves over via consent by silence. Arnold has no intention of consenting or in remaining silent in his objections to this systemic mentality and mendacity. Special Appearance, Special Demurrer (Arnold) 10 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
2
What does transportation mean? Its interesting that throughout the entirety of Title 40, the term transportation is nowhere defined. Even more interesting, theres not one statutory definition of transportation throughout the entire Georgia Code. The one place that even comes close to providing a definition is this case: Fleshnar & Adar v. S. Ry. Co., 127 S.E. 768 (1925). And, this definition instantly gets into the context of carriers, and bills of landing, and tariffs, and all of the rest of the typical, commercial context where people and/or goods are removed from one place to another for profit or hire, subject to STATEs regulatory authority When STATE comes up with a better definition, STATE needs to serve it on Arnold, because as it presently stands, the only Notice Arnold has focuses exclusively on matters regarding commercial conduct, and STATE hasnt one shred of evidence of there being anything even remotely related to commercial activity. Back to motor vehicle. If the cops were taught the rest of the story, theyd stop being such willing pasties in this purely revenue-oriented scam. Commerce cannot be compelled. Therefore, STATE cannot compel anyone at any time to place any car or truck into commerce. Thus, for someone to place a car or truck into commerce, or at least to render it commerce ready, is for that someone to act fully voluntarily. So, how are the people seduced into making their cars and trucks commerce ready? How does that scam work? In short, a motor Special Appearance, Special Demurrer (Arnold) 11 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
vehicle is one that is owned in trust, and as a result of that split title ownership, is rendered commerce ready. When the car is manufactured, say, in Detroit, also printed is that cars full title document, which is called the Manufacturers Statement of Origin (MSO) or the Manufacturers Certificate of Origin. Unbeknownst to the typical car buyer, that MSO is sent directly from the dealership to whichever STATE agency that has the job of creating the trusts (issuing the certificates of title). The typical car buyer doesnt even know that such a thing as an MSO exists, much less that the transfer of that MSO is a purely voluntary act. What goes on behind the scenes, then, with this title scam, is the MSO is clandestinely traded for a certificate of title, which certificate is evidence only of legal title, as in, the interest in a trust owned by the fiduciary. The equitable title, which is what a beneficiary owns, is held by the STATE agency. Thus, as a result of STATEs equitable ownership interest, the car is rendered commerce ready, which character is typically communicated via the display of a license tag. But, to prove any relevancy to any license tag, STATE must first prove up that trust. See GA. CODE ANN. 53-12-20 (2008). That proof starts with proving up the relevant writing. Id. at 53-12-20(a). Otherwise, STATE could just go around putting tags on cars and trucks willy nilly, or even switching them willy nilly, completely unbeknownst to anyone using that car for traveling purposes. So, until STATE can prove up the trust, STATE cant prove that the transaction even
purporting to render the car commerce ready was voluntarily entered into, which evidentiary failure could render STATEs assertion even of merely a character of commerce ready an act of fraud on the court. Note that we have to be talking about an express trust, because the resulting trust provisions, see, e.g., 53-12-91, state that the beneficiary is the settlor. Where the fiduciary and the beneficiary are one in the same, the legal and equitable interests merge, and the trust terminates. Therefore, weve got to be talking about an express trust, and STATE has to satisfy its threshold burden. Thus, IF STATE can prove up no trust, complete with proof of (A) the writing, (B) who is/are the beneficiaries, (C) identification of the purported fiduciary, and (D) a description of the trust res, THEN STATE cant prove any voluntary act giving rise to the cars even being commerce ready; HENCE, no motor vehicle! To illustrate further STATEs impossible burden on this point, lets say that STATE produces the relevant documentation during discovery that proves up a relevant trust. Motor vehicle or not, its not the existence of a motor vehicle, but the use of it, that determines its commercial character for purposes of application of STATEs regulatory authority. Transportation is what must be proved, as in an intent to remove people and/or goods from here to there for profit or hire within the choice of law of the place called this state! How do we know that its the use that matters? As a place to start, we can look at 40-2-20, reproduced in full starting on p.27, in particular 40-2-20(b)(1),
(2), (2.1), (3), and (4). All of these exceptions specifically depend on the use. In addition to that overt reference, lets also reflect on a simple example from the area of income tax. When may mileage be deducted? When its business mileage. Non-business, or, to make the point all the more clear, noncommercial, or, to make the point all the more clear, personal miles are not deductible. Commercial miles may be for any type of business, not just the transportation business. Only commercial miles may be deducted. So, where were not even talking commercial miles, its impossible to be talking about transportation. Thus, personal miles cant possibly be transportation miles. What does this deduction example tell us about motor vehicle use? It tells us that for purposes of income tax analysis, theres a difference between commercial use and personal use, no matter how we characterize the car (i.e., whether commerce ready or not, i.e., motor vehicle or not). Thus, IF all that mattered was trust ownership of that car (where STATE or one or more of its agencies is an alleged beneficial owner in that property), i.e., IF all that mattered was a cursory labeling of a car as a motor vehicle, THEN even where someone travels in a motor vehicle, ALL miles would be deductible. ALL of them. How so? Because theyd all be commercial miles based solely on the determination that the car was owned in trust (where some STATE agency or other is a/the beneficiary), i.e., commercial ready property, i.e., a motor vehicle. In other words, use would be completely irrelevant to the tax deduction analysis. The mere
fact that the car is commerce ready would also mean, instantly and for all purposes, that ALL miles are commercial miles, for ALL use would be commercial, by definition. But not ALL miles are deductible. Therefore, we instantly distinguish use. If ALL miles were commercial miles, then the income tax authorities have been committing fraud from the beginning by denying personal use mileage deductions. If all that mattered was the existence of trust ownership to satisfy the commercial character of the use of that car, i.e., if all that matter was the labeling as motor vehicle, then theres be no such thing as personal use, and denial of any mileage deduction would constitute fraud by the tax collectors. 3 The ONLY other way to analyze this is to realize that both state and federal authorities look to the actual use of that car. If that car, motor vehicle or otherwise, is used commercially, then a mileage deduction is allowed. But, where that car, motor vehicle or otherwise, is used for personal, non-commercial purposes, then no mileage deduction is allowed. To tie some of the pieces together, then, only where a mileage deduction could be taken does the issue of commercial use even come up in the legal analysis. And, even then, ONLY if the line of business or the type of business is
To decrease the deductions is to increase taxable income, which, in turn, is to increase the bottom line amount of tax due. In short, to refuse in bad faith to allow a proper deduction is to commit extortion under color of law. Thus, either theres a galactic adjustment in the favor of all who have taken disallowed mileage deductions, or else the tax people properly decide the issue according to use. Special Appearance, Special Demurrer (Arnold) 15 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
3
transportation does the term operate ever even come up. Thus, where the use is such that there is no mileage deduction allowable, were not even talking commerce, generally, much less that specific type of commerce called transportation. So, unless the miles traveled may justify a mileage deduction, were not even talking about commercial use, much less operating. Unless the miles traveled may justify a mileage deduction, the concept of motor vehicle is irrelevant. In sum, the nature of ownership isnt the focus, but rather the use. Thus, in review, a motor vehicle is a car owned in trust, by which trust that car is voluntarily made commerce ready. No car is even commerce ready by STATE edict, but only by purely voluntary conduct by the owner. So far, STATE has yet to produce any agreement that proves up any trust that justifies calling anything relevant to this case a motor vehicle. Those elements arent even alleged in any of these Accusations. But, lets say that STATE is just playing hide the sausage with Arnold. Should STATE ever prove up a trust that gives rise to the legal conclusion of motor vehicle, STATE must still prove commercial use of that car, and not only commercial use, but also transportation use under the choice of law of the place called this state. Personal use of a car, and even personal use of a motor vehicle is still called traveling. No commercial use?no issue of transportation. No issue of transportation?no commercial nexus. No commercial nexus?no justification in STATEs use of its regulatory authority. Special Appearance, Special Demurrer (Arnold) 16 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
Since Arnold doesnt even agree to the choice of law of the place called this state, and since he hasnt had the remotest of intent to remove people or goods from here to there for profit or hire, STATE has an increasingly impossible burden.
What is a vehicle? (75) "Vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. GA. CODE ANN. 40-1-1(75) (2008). Because this definition does not overtly limit the term to the commercial context, two possibilities arise. On the one hand, we apply the rule of construction that reads the term so that it has a lawful scope, which keeps vehicle limited to the commercial context. Or, on the other, we read it for what it says, which scope goes well beyond commerce and into non-commercial conduct, i.e., traveling, which construction renders the term overbroad, Carhart, which effectively pulls the plug on the entirety of Title 40. Key, obviously, is the term transported. Thus, construing vehicle to be limited to its commercial context, so as not to render overbroad the entirety of Title 40, it follows that when STATE proves up its ownership interest, by proving up the alleged trust relevant to the alleged vehicle, THEN STATE will lawfully be in a position to call this car/truck a vehicle. Until then, STATE has no case and an impossible burden to satisfy.
Does 40-2-5 even define an offense? Heres the statute. 40-2-5. Use of license plate for purpose of concealing or misrepresenting identity of vehicle; use of expired prestige license plate (a) Except as otherwise provided in this chapter, it shall be unlawful: (1) To remove or transfer a license plate from the motor vehicle for which such license plate was issued; (2) To sell or otherwise transfer or dispose of a license plate upon or for use on any motor vehicle other than the vehicle for which such license plate was issued; (3) To buy, receive, use, or possess for use on a motor vehicle any license plate not issued for use on such motor vehicle; or (4) To operate a motor vehicle bearing a license plate which was improperly removed or transferred from another vehicle. (b) Any person who shall knowingly violate any provision of subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or by confinement for not more than 12 months, or both. (c) It shall not be unlawful for any person to place an expired prestige license plate on the front of a motor vehicle provided that such vehicle also bears a current valid license plate on the rear of such vehicle. GA. CODE ANN. 40-2-5 (2008). If we look to 40-1-4, or 40-2-2, then theres a presumption that an offence not otherwise defined is a misdemeanor punishable by fine up to $100. However, for there to be an offense, there must be both an actus reus and a mens rea. Therefore, only if (a) and (b) are read in pari materia does this section Special Appearance, Special Demurrer (Arnold) 18 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
define an offence. The reason that matters is detailed by the next issue, but, in short, (a), alone, defines no mens rea or punishment level. Even if 40-1-4 or 402-2 supplies a punishment level, theres still no mens rea.
Does STATE even allege a violation of 40-2-5? If the statute defines an offence, the definition is a combination of an actus reus from (a) and the mens rea from (b). STATE alleges no mens rea. STATE also alleges no actus reus. Even if STATE wanted to amend this one, retriggering the Arraignment schedule, and etc., STATE has no charge to allege here, anyway. There is no removing or transferring, and there can be no evidence of such. There is no selling, transferring, or otherwise disposing of anything, and there can be no evidence of such. There is no buying, receiving, using, or possessing for use on a motor vehicle of anything, and there can be no evidence of such. That leaves operating, which takes us back down the path to transportation, of which type commercial activity none exists, here. Moreover, its legally impossible ever to prove that Arnold was knowingly operating, since the term transportation, if defined at all, means and refers to removing people or goods from here to there for profit or hire under a choice of law of a place called this state. There being no commercial activity, at all, much less transportation activity, at all, much less in this state, STATE has no case, here. Special Appearance, Special Demurrer (Arnold) 19 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
Does STATE even allege a violation of 40-2-6? STATE wholly fails to allege an offence. Heres the statute. 40-2-6. Alteration of license plates; operation of vehicle with altered or improperly transferred plate Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county designation, or other marking of any license plate issued under the motor vehicle registration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other marking has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not properly transferred as provided by law shall be guilty of a misdemeanor. GA. CODE ANN. 40-2-6 (2008). Arnolds best effort at trying to figure out what is at issue here produces the following, which focuses on the actus reus of operating, which is impossible for STATE to prove, anyway: Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county designation, or other marking of any license plate issued under the motor vehicle registration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other marking has been willfully mutilated, obliterated, defaced, altered [or] changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not properly transferred as provided by law shall be guilty of a misdemeanor. GA. CODE ANN. 40-2-6 (2008) (emphasis added). STATE completely leaves out the identified conjunctive actus reus. Also conspicuously absent in the Accusation is any mens rea element.
Again, even if STATE wanted to retrigger the Arraignment process by amending this one, STATE still cant prove operate or vehicle, both of which take us to the impossible-to-prove concept of transportation. Moreover, given the purely commercial nature of transportation, its legally impossible to prove Arnold knowingly operated a vehicle. Arnold knowingly, even intentionally, exercised his right to travel.
Can STATE prove any alleged violation of 40-2-7? Heres the statute. 40-2-7. Removing or affixing license plate with intent to conceal or misrepresent A person who removes a license plate from a vehicle or affixes to a vehicle a license plate not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of the vehicle or its owner, is guilty of a misdemeanor. As used in this Code section, "remove" includes deface or destroy. GA. CODE ANN. 40-2-7 (2008). The actus reus and mens rea alleged here are impossible to prove. STATE cant prove vehicle, because STATE cant prove transportation. As regards owner, the term is vague. Does this statute mean legal interest owner or equitable interest owner? Even if this means legal interest owner, STATE is still going to have to prove up a (valid) trust. Not stated, thus presumed, is the location element of this state. Nothing Arnold did or didnt do occurred in this state. Special Appearance, Special Demurrer (Arnold) 21 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
Does 40-2-8 define an offence? Heres the statute. 40-2-8. Operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal; storage of unlicensed vehicle; jurisdiction; display of temporary plate; revision and extension of temporary plate; holographic security images; disposition of fines (a) Any person owning or operating any vehicle described in Code Section 402-20 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-220 shall be deemed to be a separate and distinct offense. (b) (1) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia, unless such operation is otherwise permitted by this chapter. (2) (A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle; but the purchaser of any vehicle from a dealer of new or used motor vehicles shall display a temporary plate issued as provided by subparagraph (B) of this paragraph on the rear of such vehicle in the space provided for a license plate when such vehicle is operated on the public highways and streets of this state during such period prior to registration, unless such purchaser has made application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her, in which event the license plate to be Special Appearance, Special Demurrer (Arnold) 22 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
transferred shall be displayed on the vehicle during the period prior to registration, or unless such vehicle is to be registered under the International Registration Plan. (B) (i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealer's name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date, the vehicle identification number, and the year, make, and model of the vehicle shall be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word or by three-letter abbreviation thereof. The expiration date of such a temporary plate may be revised and extended by the county tag agent only if an extension of the purchaser's initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers. (ii) All temporary plates issued by dealers to purchasers of vehicles shall be of a standard design prescribed by regulation promulgated by the department in accordance with the requirements of this subparagraph. All temporary plates shall be required to have a holographic security image and a write-resistant overlay with security features such that any attempt to change or modify the expiration date on the temporary plate will show immediate signs of tampering. All holographic security images required under this division and manufactured on or after July 1, 2005, shall be numbered with a separate and distinct number at the point of manufacture. All holographic security images affixed to temporary plates on or after January 1, 2006, shall be numbered as required by this division. Special Appearance, Special Demurrer (Arnold) 23 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
(3) All sellers and distributors of holographic strips must register with the department and shall be assigned a distinct identifier by the department. Such identifier shall precede the numbers required under division (b)(2)(B)(ii) of this Code section. All sellers and distributors of holographic security images must maintain an inventory record of holographic security images by number and purchaser. (4) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties. (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate. GA. CODE ANN. 40-2-8 (2008). Heres the statute pruned down to approximate the Accusation language. 40-2-8. Operation of unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal; storage of unlicensed vehicle; jurisdiction; display of temporary plate; revision and extension of temporary plate; holographic security images; disposition of fines (a) Any person owning or operating any vehicle described in Code Section 402-20 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; Special Appearance, Special Demurrer (Arnold) 24 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
and each day that such vehicle is operated in violation of Code Section 40-220 shall be deemed to be a separate and distinct offense. (b) (1) Any vehicle operated in the State of Georgia which is required to be registered and which does not have attached to the rear thereof a numbered license plate and current revalidation decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia, unless such operation is otherwise permitted by this chapter. (2) (A) It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated, unless such operation is otherwise permitted under this chapter; and provided, further, that the purchaser of a new vehicle or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle; but the purchaser of any vehicle from a dealer of new or used motor vehicles shall display a temporary plate issued as provided by subparagraph (B) of this paragraph on the rear of such vehicle in the space provided for a license plate when such vehicle is operated on the public highways and streets of this state during such period prior to registration, unless such purchaser has made application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her, in which event the license plate to be transferred shall be displayed on the vehicle during the period prior to registration, or unless such vehicle is to be registered under the International Registration Plan. (B) (i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealer's name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fading due to exposure to the elements during the period for which display is required. The expiration date, the vehicle identification number, and the year, make, and model of the vehicle shall be Special Appearance, Special Demurrer (Arnold) 25 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word or by three-letter abbreviation thereof. The expiration date of such a temporary plate may be revised and extended by the county tag agent only if an extension of the purchaser's initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers. (ii) All temporary plates issued by dealers to purchasers of vehicles shall be of a standard design prescribed by regulation promulgated by the department in accordance with the requirements of this subparagraph. All temporary plates shall be required to have a holographic security image and a write-resistant overlay with security features such that any attempt to change or modify the expiration date on the temporary plate will show immediate signs of tampering. All holographic security images required under this division and manufactured on or after July 1, 2005, shall be numbered with a separate and distinct number at the point of manufacture. All holographic security images affixed to temporary plates on or after January 1, 2006, shall be numbered as required by this division. (3) All sellers and distributors of holographic strips must register with the department and shall be assigned a distinct identifier by the department. Such identifier shall precede the numbers required under division (b)(2)(B)(ii) of this Code section. All sellers and distributors of holographic security images must maintain an inventory record of holographic security images by number and purchaser. (4) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties. (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid Special Appearance, Special Demurrer (Arnold) 26 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate. GA. CODE ANN. 40-2-8 (2008). 40-2-20. Registration and license requirements; extension of registration period; penalties (a) (1) (A) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, during the owner's registration period in each year, register such vehicle as provided in this chapter and obtain a license to operate it for the 12 month period until such person's next registration period. (B) (i) The purchaser or other transferee owner of every new or used motor vehicle, including tractors and motorcycles, or trailer shall, within the initial registration period of such vehicle, register such vehicle as provided in this chapter and obtain or transfer as provided in this chapter a license to operate it for the period remaining until such person's next registration period which immediately follows such initial registration period, without regard to whether such next registration period occurs in the same calendar year as the initial registration period or how soon such next registration period follows the initial registration period; provided, however, that this registration and licensing requirement does not apply to a dealer which acquires a new or used motor vehicle and holds it for resale. The commissioner may provide by rule or regulation for one 30 day extension of such initial registration period which may be granted by the county tag agent to a purchaser or other transferee owner if the transferor has not provided such purchaser or other transferee owner with a title to the motor vehicle more than five business days prior to the expiration of such initial registration period. (ii) No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the last certificate of registration on such vehicle at the time of such sale or transfer; provided, however, that in the case of a salvage motor Special Appearance, Special Demurrer (Arnold) 27 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
vehicle or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the salvage dealer or insurer, respectively, shall not be required to provide the certificate of registration for such vehicle; and provided, further, that in the case of a repossessed motor vehicle or a court ordered sale or other involuntary transfer, the lienholder or the transferor shall not be required to provide the certificate of registration for such vehicle but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail or statutory overnight delivery for cancellation. (2) An application for the registration of a motor vehicle may not be submitted separately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled. An application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle. (b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 402-37; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (2.1) To any vehicle or equipment used for transporting cargo or containers between and within wharves, storage areas, or terminals within the facilities of any port under the jurisdiction of the Georgia Ports Authority when such vehicle or equipment is being operated upon any public road not part of The Dwight D. Eisenhower System of Interstate and Defense Highways by the owner thereof or his or her agent within a radius of ten miles of the port facility of origin and accompanied by an escort vehicle equipped with one or more operating amber flashing lights that are visible from a distance of 500 feet; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination;
(4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart [N.B. regardless of use]; or (6) To any moped [N.B. regardless of use]. (c) Any person who fails to register a new or used motor vehicle as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00. 4 GA. CODE ANN. 40-2-20 (2008) (emphasis on use added). Presume operating, arguendo. for this paragraph. The language of 40-28(a) clearly incorporates 40-2-20, the relevant portions of which talk to an owner, not to an operator. Thus, 40-2-8(a) purports to allow STATE to charge an operator for a problem that is the owners, even presuming owner to mean and refer to the purported fiduciary. To blame party B for party As problem is outrageous! Thus, 40-2-8(a) fails to define an offence. If STATEs charge arises from 40-2-8(b)(2), then were looking at a statute that defines no mens rea, meaning that there is no crime defined. Should a crime be defined by either provision, its still the case that the
This is the very type of provision by which STATE purports to have the authority to compel a party to turn his private property into commerce ready property. Moreover, since the mechanism for that scam sounds in trust, STATE also purports to have the authority to compel a trust into existence. To criminalize the exercise of the prerogative to keep ones private property private is about as flagrant a violation of 18 U.S.C. 241 and 242 as exists anywhere. Its also called extortion. Arnold doesnt yet see how this particular provision has been activated directly in this case, but this clearly demonstrates STATEs systemic intent to compel commerce by hook or by crook. Special Appearance, Special Demurrer (Arnold) 29 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
4
Accusation on this one alleges no mens rea, as well. Should the statutes be considered valid, STATE still fails to negate the obvious exceptions, and STATE still cant prove this state, operate, or motor vehicle. And, even if STATE were to amend so as to clarify its charge, the specific references to 40-2-20 strongly suggest that this one applies for owners. STATE is going to have an impossible burden trying to prove that Arnold is an owner.
Does STATE charge a crime under 40-5-121? For this one, we look first at the Accusation rather than the statute, which is different from the sequence in the foregoing. By adding the term cancelled, STATE wants to rewrite the statute, here. STATE cancelled Arnolds license (renewal application?) in 2004. Thus, there is no suspended or revoked license at issue, here. It expired and was never renewed. STATE wanted an SSN for a renewal, and Arnold declined the opportunity to provide any SSN. Thus, STATE kept his fee and cancelled the license (or, more likely, the renewal application). In short, by operation of law, the license expired, terminating of its own terms in the normal course. Thus, as of December, 2008, there is no active time period relevant to any license. Thus, there is neither any suspended license nor any revoked license at issue. It expired, and thats not within this statue. However, since cancelled is written into the Accusation, it follows that STATE is trying to rewrite the statute. The statute mentions no mens rea, and the Accusation alleges no mens rea. Special Appearance, Special Demurrer (Arnold) 30 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
In addition to those problems, 40-5-121 doesnt purport to proscribe operating without a license, as charged. It purports to proscribe driving without a license. What does driving mean? Helpful in understanding driving is recognizing the change in choice of law immediately after the Kennedy assassination. Kennedy opposed the new world order insanity that is presently engulfing this nation, as demonstrated by his opposing the circulation of federal reserve notes. Kennedy preferred circulating United States notes. Just as significantly, Kennedy demonstrated his opposition to that America-destroying international plan by his having ordered more silver quarters to be placed into circulation. Because he opposed the funny money scam and its proponents, he was assassinated. Very promptly thereafter, LBJ cancelled the order for the silver quarters, and the sandwich tokens called quarters came out very soon thereafter. We also see federal reserve notes in general circulation, not United States notes. Note, though, that even before the change in choice of law, driving still had a very commercial understanding. A person has actual physical control of a vehicle which is unable to move under its own power while guiding it down a road as it operates under the force of gravity. (emphasis added). See Harris v. State, 103 S.E.2d 443 (1958), overruled on other grounds. Note that some of the newer opinions look to pre-change-in-choice-of-law statutes. New v. State, 319 S.E.2d 542 (1984); Luke v. State, 340 S.E.2d 30 (1986) (decided under Ga. L. 1953, Nov.-Dec. Special Appearance, Special Demurrer (Arnold) 31 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
Sess., p. 556, 10-13). Thus, key to understanding this scam is understanding that with the change in choice of law, as best evidenced by the change from Money to funny money, as also evidenced by the adoption of this thing called the Uniform Commercial Code, came a change in the understanding of everything. Thus, where driving was directly connected to transportation before the change in choice of law, its all the more so now. The typical analytical focus has been on physical control. But, physical control, or being behind the wheel, is the deliberately distracting part of the definition. Key is the term vehicle, which term instantly ties the matter to commerce. Thus, driving depends on vehicle which depends on transportation. This multi-level algebraic substitution game intends to hide the commercial nature of the legal mechanism. If driving were ever understood to be so broad as mere physical control, then driving is so broad as to infringe upon the right to travel. STATE has no regulatory authority to infringe upon the right to travel. Thus, again, either driving is construed to keep it within its commercial context, or else the entirety of Title 40 falls. The rules of construction, then, provide those two lines of analysis; hence, two opposing results, of which one must be selected. We can read driving to be the commercial term it has to be, thereby allowing that part of Title 40 that is affected by this term to remain valid, or we can read this to include traveling, which instantly renders the term overbroad, Carhart, thereby jeopardizing the entirety
of Title 40. It follows, then, that to construe this term to give it a lawful meeting, driving has to mean something relevant to transportation; hence something that in no way intends to restrict or infringe, in any way, the right to travel. What does driver mean? (14) "Driver" means every person who drives or is in actual physical control of a vehicle. GA. CODE ANN. 40-1-1(14) (2008) (emphasis added). Again, the clandestine, algebraic substitutions expose the commercial nature of this scam. Vehicle means and refers to something involved in transportation. Cf. 40-5-142(12) (commercial DLs) (Driver means any person who drives, operates, or is in actual physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic or who is required to hold a commercial drivers license.)
Back to whether STATE has even charged an offence. If STATEs exercise in creative writing does charge a crime, STATE is still not going to be able to satisfy its burden regarding this state, operate, or motor vehicle, and, as before and throughout, STATE still cant satisfy its burden regarding transportation. To continue his fulfilling his duty to mitigate STATEs damages, Arnold also gives Notice of some additional problems with this one. The drivers license isnt Special Appearance, Special Demurrer (Arnold) 33 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
merely a commercial document. Its a political/religious affiliation document. The drivers license is far more readily utilized as an ID card than as something that allows the person to engage, knowingly, in the line of commerce called transportation. To charge someone criminally for exercising his prerogative not to be a member of church of STATE OF GEORGIA is to use the STATEs criminal prosecutorial authority to compel someone into that political/religious affiliation. Again, STATE is running head-on into 18 U.S.C. 241 and 242, among other criminal provisions, state and federal. Commerce cannot be compelled. Choice of law cannot be compelled. Political/religious affiliation cannot be compelled. Significantly, since its through the drivers license scam that this nation is being seduced into voluntary political/religious affiliation with the north american union, and the united nations, and this insane new world order concept, 5 and since Arnold has no intention of trading his loyalty to America for security under any new world order, he has no interest in acquiring any drivers license.
The so-called Real ID legislation in the congress is largely distraction. The actual implementation will be through the drivers license scam. Special Appearance, Special Demurrer (Arnold) 34 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
5
Does 40-5-121 define an offence? Heres the statute. 40-5-121. Driving while license suspended or revoked (a) Except when a license has been revoked under Code Section 40-5-58 as a habitual violator, any person who drives a motor vehicle on any public highway of this state without being licensed as required by subsection (a) of Code Section 40-5-20 or at a time when his or her privilege to so drive is suspended, disqualified, or revoked shall be guilty of a misdemeanor for a first conviction thereof and, upon a first conviction thereof or plea of nolo contendere within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, shall be fingerprinted and shall be punished by imprisonment for not less than two days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $500.00 nor more than $1,000.00; provided, however, that at the time of the hearing such person shall not be guilty of such offense if he or she presents the court with proof of a valid driver's license issued by this state. Such fingerprints, taken upon conviction, shall be forwarded to the Georgia Crime Information Center where an identification number shall be assigned to the individual for the purpose of tracking any future violations by the same offender. For the second and third conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a high and aggravated misdemeanor and shall be punished by imprisonment for not less than ten days nor more than 12 months, and there may be imposed in addition thereto a fine of not less than $1,000.00 nor more than $2,500.00. For the fourth or subsequent conviction within five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, such person shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years, and there may be imposed in addition thereto a fine of not less than $2,500.00 nor more than $5,000.00. (b) The department, upon receiving a record of the conviction of any person under this Code section upon a charge of driving a vehicle while the license of such person was suspended, disqualified, or revoked, including suspensions under subsection (f) of Code Section 40-5-75, shall extend the period of Special Appearance, Special Demurrer (Arnold) 35 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
suspension or disqualification for six months. The court shall be required to confiscate the license, if applicable, and attach it to the uniform citation and forward it to the department within ten days of conviction. The period of suspension or disqualification provided for in this Code section shall begin on the date the person is convicted of violating this Code section. (c) For purposes of pleading nolo contendere, only one nolo contendere plea will be accepted to a charge of driving without being licensed or with a suspended or disqualified license within a five-year period as measured from date of arrest to date of arrest. All other nolo contendere pleas in this period will be considered convictions. For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction. There shall be no limited driving permit available for a suspension or disqualification under this Code section. (d) Notwithstanding the limits set forth in Code Section 40-5-124 and in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishment for a misdemeanor or misdemeanor of a high and aggravated nature as applicable and provided for in this Code section upon a conviction of a nonfelony charge of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section. GA CODE ANN. 40-5-121 (2008). 40-5-20. (For effective date, see note.) License required; surrender of prior licenses; local licenses prohibited (a) No person, except those expressly exempted in this chapter, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being driven. Any person who is a resident of this state for 30 days shall obtain a Georgia driver's license before operating a motor vehicle in this state. Any violation of this subsection, except the violation of driving with an expired license, or a violation of Code Section 40-5-29 if such person produces in court a license issued to such person and valid at the time of such person's arrest, shall be punished as provided in Code Section 40-5-121. Any court having jurisdiction over traffic offenses in this state shall report to the department the name and other identifying information of any individual convicted of driving without a license.
(b) No person, except those expressly exempted in this chapter, shall steer or, while within the passenger compartment of such vehicle, exercise any degree of physical control of a vehicle being towed by a motor vehicle upon a highway in this state unless such person has a valid driver's license under this chapter for the type or class of vehicle being towed. (c) (1) (For effective date, see note.) Except as provided in paragraph (2) of this subsection and in Code Section 40-5-32, no person shall receive a driver's license unless and until such person surrenders to the department all valid licenses in such person's possession issued to him or her by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be destroyed. The license information shall be forwarded to the previous jurisdiction. No person shall be permitted to have more than one valid driver's license at any time. (2) (For effective date, see note.) Any noncitizen who is eligible for issuance of a driver's license pursuant to the requirements of this chapter may be issued a driver's license without surrendering any driver's license previously issued to him or her by any foreign jurisdiction. This exemption shall not apply to a person who is applying for a commercial driver's license or who is required to terminate any previously issued driver's license pursuant to federal law. The department shall make a notation on the driving record of any person who retains a foreign driver's license, and this information shall be made available to law enforcement officers and agencies on such person's driving record through the Georgia Crime Information Center. (d) Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipality, or local board or body having authority to adopt local police regulations. GA. CODE ANN. 40-5-20 (2008).
The only way this language may come anywhere near defining an offence is where we understand driving to be limited to its commercial context, specifically its context within that line of commerce called transportation, which limiting concept is found in the definition of the term vehicle. Without that commercial nexus, STATE has nothing to regulate. Thus, the instant driving is construed to be so broad as to include traveling, as in being behind the wheel of a car not being used for any purpose relevant to transportation, this entire Title falls. Carhart.
Does 40-6-10(b) define an offence? Heres the statute. 40-6-10. Insurance requirements for operation of motor vehicles generally (a) (1) Until December 31, 2003, the owner or operator of a motor vehicle for which minimum motor vehicle liability insurance coverage is required under Chapter 34 of Title 33 shall keep proof or evidence of required minimum insurance coverage in the vehicle at all times during the operation of the vehicle. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. basis: (2) The following shall be acceptable proof of insurance on a temporary
(A) If the policy providing such coverage was applied for within the last 30 days, a current written binder for such coverage for a period not exceeding 30 days from the date such binder was issued shall be considered satisfactory proof or evidence of required minimum insurance coverage; (B) If the vehicle is operated under a rental agreement, a duly executed vehicle rental agreement shall be considered satisfactory proof or Special Appearance, Special Demurrer (Arnold) 38 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
evidence of required minimum insurance coverage; and (C) If the owner acquired ownership of the vehicle within the past 30 days, if the type of proof described in subparagraph (A) of this paragraph is not applicable but the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then a copy of the insurer's declaration of coverage under the policy providing such required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle within the past 30 days. (2.1) If the vehicle is insured under a fleet policy as defined in Code Section 40-2-137 providing the required minimum insurance coverage or if the vehicle is engaged in interstate commerce and registered under the provisions of Article 3A of Chapter 2 of this title, the insurance information card issued by the insurer shall be considered satisfactory proof of required minimum insurance coverage for the vehicle. (2.2) If the vehicle is insured under a certificate of self-insurance issued by the Commissioner of Insurance providing the required minimum insurance coverage under which the vehicle owner did not report the vehicle identification number to the Commissioner of Insurance, the insurance information card issued by the Commissioner of Insurance shall be considered satisfactory proof of required minimum insurance coverage for the vehicle, but only if accompanied by a copy of the certificate issued by the Commissioner of Insurance. (3) On and after July 1, 2005, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Revenue indicates that required minimum insurance coverage is currently effective. (4) Except as otherwise provided in paragraph (7) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both.
(5) Every law enforcement officer in this state shall determine if the operator of a motor vehicle subject to the provisions of this Code section has the required minimum insurance coverage every time the law enforcement officer stops the vehicle or requests the presentation of the driver's license of the operator of the vehicle. (6) If a law enforcement officer of this state determines that the owner or operator of a motor vehicle subject to the provisions of this Code section does not have proof or evidence of required minimum insurance coverage, the arresting officer shall issue a uniform traffic citation for operating a motor vehicle without proof of insurance. If the court or arresting officer determines that the operator is not the owner, then a uniform traffic citation may be issued to the owner for authorizing the operation of a motor vehicle without proof of insurance. (7) If the person receiving a citation under this subsection shows to the court having jurisdiction of the case that required minimum insurance coverage was in effect at the time the citation was issued, the court may impose a fine not to exceed $25.00. The court shall not in this case forward a record of the disposition of the case to the department and the driver's license of such person shall not be suspended. (8) (A) For purposes of this Code section up to and including December 31, 2003, a valid insurance card shall be sufficient proof of insurance for any vehicle. (B) For purposes of this Code section on and after January 1, 2004, a valid insurance card shall be sufficient proof of insurance only for any vehicle covered under a fleet policy as defined in Code Section 40-5-71. The insurance card for a fleet policy shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, and the name of the insured and may, but shall not be required to, include the year, make, model, and vehicle identification number of the vehicle insured. If the operator of any vehicle covered under a fleet policy as defined in Code Section 40-5-71 presents a valid insurance card for a fleet policy to any law enforcement officer or agency, and the officer or agency does not recognize the insurance card as valid proof of insurance and impounds or tows such vehicle for lack of proof of insurance, the law enforcement agency or political subdivision shall be liable for and limited to the fees of the wrongful impoundment or towing of the vehicle, which in no way waives or diminishes any sovereign immunity of such governmental entity.
(C) For any vehicle covered under a policy of motor vehicle liability insurance that is not a fleet policy as defined in Code Section 40-571, the insurer shall issue a policy information card which shall contain at least the name of the insurer, policy number, policy issue or effective date, policy expiration date, name of the insured, and year, make, model, and vehicle identification number of each vehicle insured; and on and after January 1, 2004, the owner or operator of the motor vehicle shall keep such policy information card in the vehicle at all times during operation of the vehicle for purposes of Code Section 40-6-273.1, but any such policy information card shall not be sufficient proof of insurance for any purposes of this Code section except as otherwise provided in this Code section. (b) An owner or any other person who knowingly operates or knowingly authorizes another to operate a motor vehicle without effective insurance on such vehicle or without an approved plan of self-insurance shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. An operator of a motor vehicle shall not be guilty of a violation of this Code section if such operator maintains a policy of motor vehicle insurance which extends coverage to any vehicle the operator may drive. An owner or operator of a motor vehicle shall not be issued a citation by a law enforcement officer for a violation of this Code section if the sole basis for issuance of such a citation is that the law enforcement officer is unable to obtain insurance coverage information from the records of the department. (c) Any person who knowingly makes a false statement or certification under Code Section 40-5-71 or this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. (d) Except for vehicles insured under a fleet policy as defined in Code Section 40-2-137 or under a plan of self-insurance approved by the Commissioner of Insurance, insurance coverage information from records of the department shall be prima-facie evidence of the facts stated therein and shall be admissible as evidence in accordance with Code Section 24-3-17 for the purposes of this Code section. (e) The minimum liability insurance data base of the department shall be operational for the purposes of testing, evaluation, verification of data, and Special Appearance, Special Demurrer (Arnold) 41 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
validation of accuracy not later than November 1, 2002, and shall be fully operational not later than January 1, 2004. GA. CODE ANN. 40-6-10(b) (2008) (emphasis added). It may very well be a good idea to carry insurance, even if one is a traveler. But, the notion of compelled commerce screams from the page with this one, unless and until we understand that operating is commercial conduct within that line of commerce called transportation. IF one is going to engage in transportation activity, THEN STATE, via its regulatory authority over transportation, may disallow commercial use of commercial vehicles until that insurance requirement is satisfied. But, then, thats the rub. Unless and until STATE can prove transportation activity, STATE has nothing to regulate. Again, if any part of this statue intends to apply to a mere traveler, then this statute is overbroad. Carhart. And, the only way this statute may be construed so that it says something lawful is to read it within the necessarily limited context of transportation.
Does STATE allege a violation of 40-6-10(b)? We find both actus reus and mens rea alleged. However, STATE cant prove this state, knowingly, operate, motor vehicle, or vehicle. Key, STATE cant prove transportation, which is at the base of everything relevant to Title 40.
Summary STATE may have alleged charges under at most two of these six Accusations. And, under none of these Accusations has STATE alleged the facts that justify STATEs exercise of STATEs regulatory authority in that line of commerce called transportation. Thus, Arnold needs a Bill of Particulars on those facts that purport to justify STATEs exercise of STATEs transportation regulation authority, including the necessary trust agreement by which this car/truck was voluntarily made commerce ready, or else STATE needs to take this opportunity to dismiss on its own. Where the court already sees the impossibility of STATEs ever satisfying its evidentiary burden regarding any and all of transportation, vehicle, motor vehicle, driving, operating, and this state, the court will want to order each and every single one of these Accusations dismissed.
Request for Relief Therefore, Arnold requests that this court grant this special demurrer, recognizing the impossibility of STATEs ever overcoming not only the noncommercial nature of Arnolds conduct, which occurred outside of this state, but also the fact that the prosecutor is also the clerk, and dismiss each and every single one of these Accusations. Additionally, which the dismissal ruling is in contemplation, Arnold requests that STATE be ordered to supply the particulars by which STATE intends to prove Special Appearance, Special Demurrer (Arnold) 43 No Notice. No commercial nexus. OUTRAGEOUS, CONSCIOUS-SHOCKING Separation of Powers Problem!
transportation, vehicle, motor vehicle, driving, operating, and this state. Arnold also repeats his request for discovery, including STATEs production of that necessary trust agreement showing that this car/truck was voluntarily made commerce ready. Respectfully submitted,
/s/ William A. Arnold William A. Arnold I reserve all my rights [address redacted] [City, State, Zip redacted] VERIFICATION Under the penalty of perjury of the laws of the State of Georgia, I, WILLIAM A. ARNOLD, depose, declare, certify, verify, and state, that I am at least 21 years of age, that I am competent to make this Verification, and that the statements of fact are within my personal knowledge, and that the statements of law are within my best efforts and to the best of my understanding and belief. The statements in this document are true and correct. Key, for all times relevant to this matter, these matters, I have never acted or intended to act within any concept of transportation. I am not in the transportation business, and I have had, and still have, no desire to be in the transportation business. For all times relevant to this matter, I have never remotely had any intent to remove people and/or goods from here to there for profit or hire under any choice of law, much less the choice of law of the place called this state. For all times relevant to this matter, I was intentionally and knowingly traveling, and that under a choice of law of the Law of the Land. Further, Declarant sayeth not.
Executed on
19 March 2009
/s/ William A. Arnold William A. Arnold, Declarant
Certificate of Service By my signature below, I certify that on this the 19th day of March, 2009, I have served a true and correct copy of this document by hand or by certified mail as follows: Ben Richardson Solicitors Office 100 10th Street Columbus, GA 31901 P.O. Box 1340 Columbus, GA 31902 Hon. ANDREW PRATHER C.J., Muscogee County State Court P.O. Box 1340 Columbus, GA 31902
/s/ William A. Arnold William A. Arnold

Arnold v. Georgia

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Case No. SC-2008-CR-006252 STATE OF GEORGIA, Plaintiff, v. WILLIAM A. ARNOLD, Respondent.

In The MUSCOGEE COUNTY STATE COURT

/s/ William A. Arnold William A. Arnold, Declarant

/s/ William A. Arnold William A. Arnold

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