Reedley, CA asked in Business Law, Civil Litigation, Contracts and Traffic Tickets for California

Q: How are traffic laws constitutional and not commercial? Can a human being invoke the the 4th and 5th amendment?

Traffic stops for common people are unconstitutional on its face. You cannot invoke the the 5th or 4th amendments. There has never been full disclosure of the taxes of personal cars operated for private use. If property can be seized for lack of funds does that not go against the due process clause? If all it takes is no money for another human to take your property and hold it by means of extortion until payment is made is it not unconstitutional? Although the inalienable rights to life, liberty and the pursuit of happiness sound vague they were planted that way so that the will of the people would always hold true. We hold these truths to be self evident that all men are created equal and are endowed by their creator..a man's law, code or statute does not hold true on this basis unless it were commercial. The people have rights and person's have privileges.

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
  • Jess Ranch, CA
  • Licensed in California

A: Operating a motor vehicle on the public roads is privilege extended to persons with a use the public streets and highways. This means you must comply with the law as you are operating a motor vehicle, and when you violate the law you can be held responsible. If you are cited for a motor vehicle violation, you can take your objections to the court and tell the court what your defense is. After the judge or hearing officer stops laughing, you can ask for a payment plan so you can pay the fine. But nice thought. Maybe you should think of going to law school and learning how these principles actually work in real life.

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