22 December 2020

Traffic laws infringe on her "rights"

"In 2019, Diane Tomko of Beaver Dam was issued citations after being found operating a motor vehicle without insurance, not registering the vehicle, operating a vehicle without carrying a license and providing false information to mislead an officer after being pulled over for expired plates.

She took the citations to Dodge County Circuit Court following municipal court, and a judge upheld the citations in June. Judge Brian Pfitzinger ordered her to pay fines totaling $546.40. Tomko then took the case to the appeals court.

She argued in a brief to the appeals court that she has a right to drive on public highways “freely unencumbered” under the constitution and that state laws requiring insurance, licenses and vehicle registration infringe on her constitutional rights...

We do not want to live in a country, as in 1940s Germany, where citizens are in danger simply because they do not carry valid papers,” the filing said. “Ms. Tomko urges the Court to evaluate for her whether what happened to her here is a step on the road to such a country.”"

4 comments:

  1. Numerous court decisions have upheld the right of states to require an operators license to operate a motor vehicle on a public road. This requirement does not infringe on a person's right to travel. One may freely move about the country at will without any sort of identification papers.

    Hendrick v. Maryland 235 US 610 (1915): "In the absence of national legislation covering the subject a State may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of all motor vehicles — those moving in interstate commerce as well as others. And to this end it may require the registration of such vehicles and the licensing of their drivers . . . This is but an exercise of the police power uniformly recognized as belonging to the States and essential to the preservation of the health, safety and comfort of their citizens."

    Hess v. Pawloski 274 US 352 (1927): "In the public interest the State may make and enforce regulations reasonably calculated to promote care on the part of all, residents and non-residents alike, who use its highways."

    Reitz v. Mealey 314 US 33 (1941): "The use of the public highways by motor vehicles, with its consequent dangers, renders the reasonableness and necessity of regulation apparent. The universal practice is to register ownership of automobiles and to license their drivers. Any appropriate means adopted by the states to insure competence and care on the part of its licensees and to protect others using the highway is consonant with due process."


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  3. Reading the exploits of these sov-cit nutjobs is one of my guilty pleasures. I never get tired of the crap they come up with.

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  4. I wish I was surprised by this.

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