Illegal Motor Vehicle Law And Driver's License
If it was just a proficiency test given by the state, with no strings attached, that would be fine, but the Supreme Court has ruled the government cannot take a right and convert it into a privilege, and put a tax on it. This DUI legislation is just for making money. Don't be fooled -- if there was no money in it, the government wouldn't do it. The attorneys make money defending the DUI's, the court makes money on the DUI fines, the counseling centers make money on the two-year programs they recommend when they do the alcohol evaluations ordered by the courts, and quite often the judges own interests in the counseling centers because there is big money in it.
No, I do not know this from personal experience. I work for an attorney, and he tells me these things. He refers his DUI clients to two different counseling centers that seem to be more fair in their evaluations and do not always recommend treatment. Most of them see big bucks coming through the door, and of course they recommend the full course of treatment, regardless of the real needs. Most of our DUI clients do not repeat, but a handful are two and three-time offenders. One of our clients has 8 DUI's. Has the state helped him? No, but they sure got a lot of his money. Has the state protected us from him and others like him? No, we are going to have to trust our Heavenly Father to protect us, because there is no protection forthcoming from the state, nor should/could there be. The purpose of the state is not to protect us and our property from the boogy man. The purpose of the state is to protect our rights, one of which is the right to protect ourselves and our property. Perhaps some definitions will help to understand the difference between the use of the public rights of way for personal use by the people, and the use and regulation of the roadways for commercial purposes:
Black's Law Dictionary, 4th Ed.
Vehicle. That in or on which a person or thing is or may be carried from one place to another.Any carriage, conveyance or other artificial contrivance used, or capable of being used, as a means of transportation on land; --not ordinarily including locomotives, cars, and street cars which run and are operated only over and upon a permanent track or fixed way, unless the context of the ordinance or statute in question clearly indicates an intention to the contrary. Conder v. Griffith, 61 Ind. App. 218, 111 N.E. 816, 818; Rev. St. U.S. sec. 4 (1 U.S.C.A. sec. 4)....
But as defined in the Tariff Act, it has a much broader meaning, and includes any sort of conveyance used in the transportation of passengers and merchandise either by land or by water or through the air. Mellon v. Minneapolis, St. P. & S.S.M. Ry. Co., 56 App.D.C. 160, 11 F.2d 332, 334. US v. One Pitcairn Biplane, Registration No. N.C.-5062, Engine No. A.D.-8285, D.C.N.Y., 11 F.Supp. 24, 26.
Motor Vehicle. In the Uniform Act Regulating Traffic on Highways, 11 U.L.A., and similar statutes, any self-propelled "vehicle," defined as including every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human or muscular power or used exclusively upon stationary rails or tracks... Blashfield, Cyc. of Automobile Law and Prac., Perm. Ed., sec. 2.
Transportation. The removal of goods or persons from one place to another, by a carrier. Railroad Co v. Pratt, 22 Wall. 133, 22 L.Ed. 827; Interstate Commerce Com'n v. Brimson, 14 S.Ct. 1125, 154 US 447, 38 L.Ed. 1047; Gloucester Ferry Co. v. Pennsylvania, 5 S.Ct. 826, 114 US 196, 29 L.Ed. 158.
Carrier. One undertaking to transport persons or property, Windham v. Pace, 192 S.E. 271, 6 S.E.2d 270, 274; or one employed in or engaged in the business of carrying goods for others for hire. Roeske v. Lamb, 39 N.M. 111, 41 P.2d 522, 523.
Automobile. A vehicle for transportation of persons or property on the highway, carrying its own motive power and not operated upon fixed tracks. Blashfield's Cyclopedia of Automobile Law, vol. 1, c. 1, sec. 2. ...A vehicle designed mainly for the transportation of persons, equipped with an internal combustion, hydrocarbon vapor engine furnishing the motive power and forming a structural portion thereof. American-La France Fire Engine Co. v. Riordan, C.C.A.N.Y., 6 F.2d 964, 967. It is generic term, covering both trucks and passenger cars. Wiese v. Polzer, 212 Wis. 337, 248 N.W. 113, 116. Etymologically, the term might include any self-propelled vehicle, as an electric street car, or a motor boat, but in popular and legal usage it is confined to a vehicle for the transportation of persons or property on terrestrial highways, carrying its own motive power and not operated upon fixed tracks. Bethlehem Motors Corp. v. Flynt, 178 NC 399, 100 SE 693, 694. Synonymous with "motor vehicle." State v. Ferry Line Auto Bus Co., 99 Wash. 64, 168 P. 893, 894. "Car" as substitute or synonym. Monroe's Adm'r v. Federal Union Life Ins. Co., 251 Ky. 570, 65 SW2d 680, 681.
Traffic. Commerce; trade; sale or exchange of merchandise, bills, money, and the like. The passing of goods or commodities from one person to another for an equivalent in goods or money. Senior v. Ratterman, 44 Ohio St. 673, 11 NE 321; Fine v. Moran, 74 Fla. 417, 77 So. 533, 538; Bruno v. US, C.C.A.Mass., 289 F. 649, 655; Kroger Grocery and Baking Co. v.Schwer, 36 Ohio App. 512, 173 NE 633. The subjects of transportation on a route, as persons or goods; the passing to and fro of persons, animals, vehicles, or vessels, along a route of transportation, as along a street, canal, etc. US v. Golden Gate Bridge & Hwy Dist. of Ca., D.C. Cal., 37 F.Supp. 505, 512. Traffic Regulations. Prescribed rules of conduct to promote the orderly and safe flow of traffic. Dembicer v. Pawtucket Cabinet & Builders Finish Co., 58 R.I. 451, 193 A. 622, 625.
Highway. An easement acquired by the public in the use of a road or way for thoroughfare. Bolender v. Southern Michigan Telephone Co., 182 Mich. 646, 148 NW 697, 700.
...A free and public roadway, or street; one which every person has the right to use. Abbott v. Duluth, C.C. Minn., 104 F. 837. Illinois Cent. R. Co. v. Bennett, C.C.A.Miss., 296 F. 436, 437. Its prime essentials are the right of common enjoyment on the one hand and the duty of public maintenance on the other. Hildebrand v. Southern Bell Telephone & Telegraph Co., 219 NC 402, 14 SE2d 252, 254, 255.
...Every public thoroughfare. Oregon Short Line R. Co. v. Pfost, 53 Idaho 559, 27 P.2d 877. It refers to roadway or street which can be used for travel, as distinguished from way upon which road can be or is being constructed. Allen v. Jones, 47 SD 603, 201 NW 353.
Travel. To go from one place to another at a distance; to journey; spoken of voluntary change of place. White v. Beazley, 1 Barn. & Ald. 171; Hancock v. Rand, 94 NY 1, 46 Am.Rep. 112; State v. Smith, 157 Ind. 241, 61 NE 566, 87 Am. St.Rep. 205.
Traveled Way. The traveled path, or the path used for public travel, within located limits of the way. Dupuis v. Town of Billerica, 260 Mass. 210, 157 NE 339, 341. Also called "traveled part of highway." Westlund v. Iverson, 154 Minn. 52, 191 NW 253; Schnabel v. Kafer, 39 SD 70, 162 NW 935, 936.
Traveler. One who passes from place to place, whether for pleasure, instruction, business or health. Lockett, v. State, 47 Ala. 45; 10 C.B.N.S. 429.
Street. An urban way or thoroughfare; a road or public way in a city, town or village, generally paved, and lined or intended to be lined by houses on each side. US v. Bain, 24 Fed.Cas. 943; Brace v. New York Cent. R. Co., 27 NY 271; Home Laundry Co. v. City of Louisville, 168 Ky. 499, 182 S.W. 645, 648; Chicago. R. I. & P. Ry. Co. v. Redding, 124 Ark. 368, 187 S.W. 651, 652, Ann.Cas. 1918D, 183. It includes all urban ways which can be and are generally used for travel. Dept. of Public Works & Buildings v. Ryan, 357 Ill. 150, 191 N.E. 259, 262. Including sidewalks. Snow v. Johnson, 197 Ga. 146, 28 S.E.2d 270, 276.
Way. A passage, path, road, or street. In a technical sense, a right of passage over land.
Road. A highway; an open way or public passage; a line of travel or communication extending from one town or place to another; a strip of land appropriated and used for purposes of travel and communication between different places. Shannon v. Martin, 164 Ga. 872, 139 S.E. 671, 672, 54 A.L.R. 1246; San Francisco-Oakland Terminal Rys. v. Alameda County, 66 Cal. App. 77, 225 P. 304, 305.
Law of the road. Custom or practice which has become crystallized into accepted system of rules regulating travel on highways. Short v. Robinson, 280 Ky. 707, 134 S.W.2d 594, 596. It relates to safety of travel, and is adjustment of rights of travelers using highway at same time. Cofran v. Griffin, 85 N.H. 29, 153 A. 817, 818.
In its specific application, the phrase "law of the road" refers to the rule which requires that vehicles meeting shall turn to the right in passing, or keep to the right of the middle of the highway. Blashfield, Cyc. of Automobile Law and Prac., Perm. Ed. sec. 636, 891.
Public road. A highway; a road or way established and adopted (or accepted as a dedication) by the proper authorities for the use of the general public, and over which every person has a right to pass and to use it for all purposes of travel or transportation to which it is adapted and devoted. State ex rel. Clay County v. Hackmann, 270 Mo. 658, 195 S.W. 706, 708; Schier v. State, 96 Ohio St. 245, 177 N.E. 229.
Public, n. The whole body politic, or the aggregate of the citizens of a state, district, or municipality....The inhabitants of a state, county or community.....In one sense, everybody; and accordingly the body of the people at large; the community at large, without reference to the geographical limits of any corporation like a city, town, or county; the people. In another sense the word does not mean all the people, nor most of the people, nor very many of the people of a place, but so many of them as contradistinguishes them from a few....
Public, adj. Pertaining to a state, nation, or whole community; proceeding from, relating to, or affecting the whole body of people or an entire community. Open to all; notorious. Common to all or many; general; open to common use. Morgan v. Cree, 46 Vt. 786, 14 Am.Rep. 640; Crane v. Waters, C.C.Mass., 10 F. 621. Belonging to the people at large; relating to or affecting the whole people of a state, nation, or community; not limited or restricted to any particular class of the community. People v. Powell, 280 Mich. 699, 274 N.W. 372, 373, 111 A.L.R. 721.
Commerce. The exchange of goods, productions, or property of any kind. Intercourse by way of trade and traffic between different peoples or states and the citizens or inhabitants thereof, including not only the purchase, sale, and exchange of commodities, but also the instrumentalities and agencies by which it is promoted and the means and appliances by which it is carried on, and the transportation of persons as well as of goods, both by land and by sea. Brennan v. Titusville, 14 S.Ct. 829, 153 US 289, 38 L.Ed. 719; Railroad Co. v. Fuller, 17 Wall. 568, 21 L.Ed. 710; Hoke v. US, 33 S.Ct. 281, 283, 227 US 308, 57 L.Ed. 523, 43 L.R.A., N.S., 906, Ann.Cas.1913E, 905.
Commerce, in its simplest signification, means an exchange of goods; but in the advancement of society, labor, transportation, intelligence, care and various mediums of exchange, become commodities and enter into commerce; the subject, the vehicle, the agent, and their various operations become the objects of commercial regulation. Lorenzetti v. American Trust Co., D.C.Cal., 45 F.Supp. 128, 132.
Trade. The act or business of exchanging commodities by barter; or the business of buying and selling for money; traffic; barter. May v. Sloan, 101 US 237, 25 L.Ed. 797; US v. Cassidy, D.C.Cal., 67 F. 698; State v. Deckebach, 113 Ohio St. 347, 149 N.E. 194, 196.
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