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legalbear
Senior Member

USA
55 Posts

Posted - 27 Nov 2004 :  12:06:44  Show Profile  Visit legalbear's Homepage  Send legalbear a Yahoo! Message  Reply with Quote
quote:
quote:
Originally posted by No1nptkulr

[/size=4]I am not sure just where this goes, so I am asking for your help here.

My son owns a car. He had several traffic tickets (speeding) which he paid. His tags are overdue. His driver's license has been taken from him and he cannot drive till Feburary of 2005. This is my dilemma...

I have to drive him to and from work every day. I drive almost 200 miles a day to accomplish this. He owed 160 dollars for two cars, one which he doesn't have any more. That is not the problem. My father took care of the taxes today. However, when I went to get his tags, they told me that his insurance lapsed in November of 2003. Now something called an FS-1 must be produced dated 11-17-2003. and something else called an RVF 8461. They say that he must have proof of insurance, which I cannot get, because of how many times he got caught speeding, his insurance is now running almost 400 dollars a month.


Here is my take on your son’s situation. His car needs to be moved out of the jurisdiction you are in. The ownership of the car needs to be moved to a trust that has a situs in New Hampshire; to my knowledge, the only remaining state that does not have mandatory insurance. If the owner, the trust, is out of state, how can they expect you to register in whatever state you are in? If you read your laws closely you will likely find that a motor vehicle required to have proof of financial responsibility is defined as any vehicle required to be registered in the state. If they ask, show them a letter from the trustee giving you permission to use the car. The trustee doesn’t necessarily have to be in New Hampshire. Yes, this takes a little work, but, so does driving 200 miles a day. I moved my vehicle ownership to the Commonwealth of Israel and doing so has worked great, but, I will not post the details of that here.

quote:
We cannot afford insurance like this! He says that the insurance companies are making him pay an excessive penailty which they don't have the right to do, I don't think. I don't understand all this.


I was asking the Father about insurance. I told Him, I don’t want to get in a know down drag out fight with the state over whether you can be my insurance; they want to see a paper. He says to me, “So make them a paper. When I said in Mat. 28:18, ‘All authority (all power of rule) in heaven and on earth has been given to Me. 19 Go then…’ that was a delegation of authority. I made you an official in my government. You have the power to make a paper.” I made a paper, exactly like Jah showed me to, that says right on it where it comes from. I’ve shown that paper to at least seven law enforcement officials and they all thought it was fine.

quote:
I am afraid I will get caught not having insurance and bad tags.

What do I do?


If you get stopped, tell the cop something like, "Is this the beginning point of a criminal investigation?" He'll have to answer yes. Then tell him, "Do I have a right to counsel?" He'll have to say yes. Then say, "I'm not saying another word until I have counsel here." I know of three different instances where the cop just walked off after this tactic was used.

[quote]What about court?


For court, go here: http://www.adventuresinlegalland.com/ and buy Marc Stevens book. For $25 you can learn how to win every traffic case; excellent book.




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David Merrill
Advanced Member

USA
1147 Posts

Posted - 27 Nov 2004 :  14:15:56  Show Profile  Reply with Quote
You are popping my bubble and dragging me out of my lofty world of idealistic pure theory. Sometimes coming down to practical earth is regretable.

The main problem with police officers is they can just say, "I don't feel like playing attorney today. The voice on the radio says you are going to jail and your car to the impound lot."

Though I have a lot of praise for the "Is this an investigation?" approach. That may be a great book you mentioned.

The approach I like the best is a certificate of search from the United States district court on the vehicle on display instead of license plates. This proves the United States, and any other foriegn agent has not cured a claim against the property. But again, the police officer just calls in "no plates" and the voice on the radio just treats you like the common criminal.

Consistently the man or woman can abate the cause and not have to appear in court. But getting James Keller at the impound lot to give you back your car, that is another story. In theory you should be able to make the argument, "Either jail me [for the second time; this time on Failure to Appear] and we will see if there is a crime behind the presumed forfeiture of my property, or give it back." But this means the couple guys I know in this situation are waiting for that proper moment when they can risk going to jail. So that moment is elusive for us all. I know some tenacious fellows who would jump at the chance and some of them just run around without plates and are left alone, month after month. So we will see.



Regards,

David Merrill.

Edited by - David Merrill on 27 Nov 2004 14:21:40
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Livefree
Advanced Member

USA
270 Posts

Posted - 03 Apr 2005 :  17:13:03  Show Profile  Reply with Quote
I have a Surety Bond and Justification of Surety/Indemnification and Costs to replace the 21st Century insurance I now have my car, but I am reluctant to use it, because if I ever did get into an accident, I would have to send my (HJR-192) claim to Governer Arnold Schwartzinager, and I have no idea how to do that. The person who gave me the Surety bond said the DMV will accept it as insurance, but, as I said, this could cause me more trouble than it's worth.

The other day, I came SOOOOO close to an accident, that I'm glad I didnt' cancel my traditional insurance.
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