And so the government takes
more, and more, and more. It suspends and revokes drivers’ licenses for
non-compliance of a widening set of administrative statutes. Beyond not following
the traffic rules, licenses are being suspended or revoked for failure to purchase and maintain a commercial product - insurance,
failure to pay parking tickets, failure to pay child support, stealing gas, most any drug law violation; the list goes on
Now the federal government wants
in on the action too. They call it REAL ID.
They say it is needed to keep America safe. Wait and see how long it takes
to revoke your REAL ID compliant drivers’ license for failure to file a tax form or respond to a U.S. Census Bureau
questionnaire, or join the military draft. America, you must wake up!
It is time to abolish drivers’
licenses completely. We the people do not need them! All they do is allow the government to sanction us to death. And
what happens when the state suspends or revokes a drivers’ license? According
to the National Cooperative Highway Research Program, 75 percent of suspended and revoked drivers continue to drive. Why? That’s simple. People that have their licenses suspended continue to drive because driving is far beyond a mere privilege.
Driving is a common Right and a clear necessity. The Right of the Citizen to
travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not
a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life,
liberty, and the pursuit of happiness.
There are approximately 210
million licensed drivers in the United States. At any given time, 10 to 15 percent
of all licenses are under suspension. That means that 21 million to 31 million
Americas have been denied their driving right by the state. With 75 percent of
revoked and suspended drivers continuing to drive, the state has created 23.3 million people it hopes to further criminalize
and tax. It is well past time to break the shackles that bind us to the state.
Nobody needs a drivers’
license to start his or her vehicle. We only need the keys. Responding to this fact, some states now confiscate vehicles from repeat offenders! Why do we tolerate this people? Enough is enough! End these laws now in your statehouse.
And then there are the financial
responsibility laws. What a crime. The
insurance lobby loves them of course. Anytime you can get a law passed that requires
210 million people to purchase your product, it’s called a jackpot! But
only a jackass could think this is for the common good. It’s about greed,
oppression, and suppression of objectors. When it comes to traveling on our highways,
we need to change how people sue one another. We need to insure ourselves, and
our property only. It should no longer matter whether another driver has insurance
or not because the other drivers insurance would no longer pay for damages to somebody else’s’ vehicle –
only his or her vehicle.
And this insurance should be
optional – unless you have a bank loan. What shouldn’t be optional
though is removing the state government from the equation. Insurance companies
already sell “under insured” products which covers the policyholder and not somebody else. We need to insure ourselves and our vehicles against the damage caused by others, and outlaw liability
coverage. No doubt, lawyers and insurers might not like this outcome. Well, too bad. Most Americans driving without insurance are
doing so because they cannot afford the insurance – yet they need to drive to get work, pay bills, run errands, purchase
food, you know – survive. It’s time to stand up and end the
criminalization of the less fortunate by developing laws that allow the more fortunate to insure their property without forcing
the mandate onto others.
Case in point: Jeffery Brown
from Columbus, Ohio.
The Ohio Bureau of Motor Vehicles
suspended Brown’s driving right for ninety days, from January 20, 2004 to April 19, 2004. Thanks to the insurance lobbying efforts, because Brown could not afford insurance in 2004, the legislators
of Ohio saw fit to pass law that allows insurance companies to charge even higher rates for victims that couldn’t afford
the lower rates.
Additionally, because his driver’s
license was suspended for failure to provide proof of insurance coverage, Brown was also required to file and maintain with
the Bureau continuous proof of insurance coverage for five years, until January 20, 2009. The good people of Ohio should be outraged!
On July 5, 2007, Brown received
notice of suspension for failure to file and maintain with the Bureau continuous proof of insurance coverage. As mentioned above, the laws need to change so that whether Brown has insurance or not is nobody’s
business, especially the State of Ohio’s, except Brown’s.
Brown fought back. He contacted the Muckraker Report and inquired about the content in the article, Driving is a Right, Not a Privilege. Over the years we have received many
inquires about this article. As we did with Brown, we advise everyone to speak
with an attorney because the article contains legal information and not legal advice.
After the fact, Brown indicated that he could not afford an attorney, which is why he filed his own Brief of Defendant.
Among other arguments, Brown
asserted that he had his driver license and registrations revoked for failing to purchase a commercial product. He argued that he was being penalized for being poor, and that his constitutional right to travel had been
taken from him and the penalties were intended to drive him deeper into poverty. He
concluded by indicating that the action of the state served no legitimate purpose of government.
Brown was correct on all accounts. It is worth noted that state governments have argued that revoking driving rights does not interfere with
a person’s right to travel – only the right to operate a motor vehicle – which they call a privilege. However, according to Black’s Law Dictionary, "Personal liberty -- consists
of the power of locomotion, of changing situations, of removing one's person to whatever place one's inclination may direct,
without imprisonment or restraint unless by due process of law." 1
Blackstone's Commentary 134; Hare, Constitution__. 777; Bevier’s Law Dictionary, 1914 ed., Black's Law Dictionary, 5th
Rights cannot be converted into privileges –
thus eliminated the states’ claim to due process of law, and administrative revocation of a right, or purely ministerial
acts inflicted upon the people by the state grossly lack any resemblance with due process in its original intent. The fact that the corrupt courts line up for the government against the people doesn’t mean that
it is right – it only indicates who holds the keys to power. It's time
for the people to take that power back in a fierce and furious fashion.
Assistant Attorney General James R.
Foley filed an Appellee’s Brief in response to Brown’s brief. In
it, Foley pulled the typical legal gymnastics expected from any other fool that enjoys needlessly interfering with the lives
of his fellow countrymen. Foley talked all the administrative talk – lack
of jurisdiction, whether Brown had a right to appeal, whether a common pleas court is required to wait for a party to an administrative
appeal to file its merit brief - blah, fu@k’n blah, blah.
What Foley essentially ignored
though was Brown’s claim that driving was a right, which would make the entire case against him a mute point. Rights cannot be revoked. Only privileges.
"The right of the Citizen to travel upon the public highways
and to transport his property thereon, in the ordinary course of life and business, is a common right which he has under the
right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right,
in so doing, to use the ordinary and usual conveyances of the day, and under the existing modes of travel, includes the right
to drive a horse drawn carriage or wagon thereon or to operate an automobile thereon, for the usual and ordinary purpose of
life and business." Teche Lines vs. Danforth, Miss., 12 S.2d 784; Thompson vs. Smith, supra.
Foley responded by arguing that none of the cases cited
by Brown were issued by this Court, or by any court superior to this Court.
What Ohio did next was to ensure that there would not be any Ohio ruling for future reference either!
On November 8, 2007 the Ohio Bureau of Motor Vehicles
respectfully moved the court to dismiss the instant appeal, as the suspension being appealed at the time by Jeffery Brown
was no longer in effect, rendering the appeal moot.
The state, bless their little safety nanny, busybody hearts, reinstated Jeffrey Brown’s driving right. The Attorney General had Brown’s license reinstated instead of risking going
to trial. God forbid if the courts had to practice law and consider the fact
that driving is far more than a mere privilege in today’s society.
Brown had to pay no reinstatement fees – including
his plates and registration. He doesn’t have to deal with draconian SR-22
requirements. He is no longer a special risk according to the state.
Magically, Jeffery Brown is now a safe driver again.
What does a drivers’ license really prove? It proves that for approximately 1 hour during your entire life, you demonstrated
to a government nipple-sucking employee at the DMV that you could meet minimum requirements and operate a motor vehicle safely. It didn’t demonstrate that you would operate a vehicle safely –
just that you could.
True story - when I was sixteen, I failed my first
driving test. I was stone cold sober when I took it. For the second test, I was stoned out of my mind. This
was back in the marijuana smoking days. My cousin Dee Dee and I smoked a couple
of joints on the way to the state police barracks. The state trooper told me
a did an outstanding job parallel parking. I passed the second driving test with
And you want to trust the government to ensure that only
so-called safe drivers are on the road while continuing to give it the right to revoke your right to drive…
Government wants to grow bigger by creating more
criminals to police so that it can justify its very existence. Are you next on
the list of its victims? Start a grassroots campaign in you community. Grow it
to the county level, then to every county in your state. Call it the (State Name)
Driving Rights Action Committee. Work tirelessly to abolish all driver-licensing
requirements in your state. Kick ass and take names.
Let Freedom of the Road be your battle cry. God knows we’ve paid for it!