Driving On Suspended License

Could you use habeas corpus in defense for driving on a suspended license

Washington

More about the multiple Supreme Court rulings stating that the state cannot mandate a citizen to obtain permission to travel on the roads provided by public servants. In the manner of modern times

Hale v. Henkel, * U.S. * (*) Pp. *, *, *“We are ofthe opinion that there’s a clear distinction . .. between anindividual and a corporation.... The individual may stand upon hisconstitutional rights as a citizen. He is entitled to carry on his privatebusiness in his own way. His power to contract is unlimited. He owes noduty to the State.... He owes no such duty to the State, since he receivesnothing therefrom beyond the protection of his life and property. Hisrights are such as existed by the law ofthe land long antecedent to theorganization ofthe State, and can only be taken from him by due processoflaw, and in accordance with the Constitution.”Hurtado v. California, * U.S. * P. *“The state cannot diminish Rights ofthe people.”Due process oflaw is process oflaw according to the law ofthe land,i.e. the U.S. Constitution as exercised within the limits prescribed andinterpreted according to the principles of common law.Marbury v. Madison, * U.S. * P. 5Constitution is the Supreme Law ofthe land. Any law in conflictis null and void.Miller v. U.S., * F.2d *, * Pp. *, *“The claim and exercise of a Constitutional Right cannot be convertedinto a crime.”Miranda v. Arizona, * US *, * Pp. *, *“Where rights secured by the Constitution are involved, there can be norulemaking or legislation which would abrogate them.”VllMurdock v. Pennsylvania, * US * P.5The state may not convert a secured liberty into a privilege, andissue a license and fee for it.Sherbert v. Vemer, *, U.S. * (*) Pp. *, 5FirstAmendment case, U.S. Supreme Ct. overturned South CarolinaSupreme Court. The court created the Sherbert Test to determinewhether government acts infringe upon religious freedoms. Of note:“compelling interest” and “narrowly tailored” are key requirementsfor strict scrutiny -to be applied where a law may be infringingon individual freedoms.Shuttlesworth v. Birmingham, Alabama, * U.S. * P. *“Ifthe state does convert your right into a privilege and issue a licenseand charge a fee for it, you can ignore the license and fee and engage inthe right with impunity.”Simmons v. United States, * US * P. *“We find it intolerable that one Constitutional Right should have to besurrendered in order to assert another.”Sherar v. Cullen, * F.2d * P. *“There can be no sanction or penalty imposed upon one because ofthisexercise of constitutional Rights.”Stephenson v. Binford, * US * P. 3Explains distinction between “Right” to use public roads and“privilege”VlllThompson v. Smith, * SE * P. *“The Right ofthe citizen to travel...is not a mere privilege...but acommon Right which he has under the right to life, liberty, and thepursuit of happiness.”United States v. Carolene Products Co., * U.S. * (*) P. 5Footnote *, Strict Scrutiny StandardUS v. Bishop, * US * P. 5Regarding criminal elements required to be proven - willfulness isone ofthe major elements defined as an “evil motive or intent to avoida known duty...under the law”.b. StatutesSouth Carolina Code ofLaws, Title *, Chapter * P.4Motor Vehicles. See: Sec. *“ **20c. Other AuthoritiesII Am. Jur. (1st) Constitutional Law, Sec. *, p. * P. *“The right of a citizen to travel upon the public highways and totransport his property thereon, by horsedrawn carriage, wagon, orautomobile, is not a mere privilege which may be permitted or prohibitedat will, but a common right which he has under his right to life, libertyand the pursuit of happiness. Under this constitutional guarantee onemay, therefore, under normal conditions, travel at his inclination alongthe public highways or in public places, and while conducting himselfinan orderly and decent manner, neither interfering with nor disturbingIXanother’s rights, he will be protected, not only in his person, but in hissafe conduct.”* Am. Jur. 2d, Sec. * P. 3No public policy of a state can be allowed to override the positiveguarantees ofthe U.S. Constitution16 Am. Jur. 2d, Sec. * late 2d, Sec. * P. *“The general misconception is that any statute passed by legislatorsbearing the appearance oflaw constitutes the law ofthe land.”* Am. Jur. 2d, Sec. * P. 3Right to travel25 Am. Jur. (l8t) Highways, Sec. * P. 5Requirement that regulations not violate constitutional guarantees25 Am. Jur. (1st) Highways, Sec. *, Pg. * P.5Defines terms: Travel and TravelerBlack’s Law Dictionary, 4th Edition P. 5Definitions of “Motor Vehicle” “Driver” and “License”Oxford English Dictionary Defines “term of art” as a word or phrase that has a precise,specialized meaning within a particular field or profession.

Rcw *.*.*

Drivers of commercial motor vehicles must obtain a commercial driver's license as required under this chapter. Except when driving under a commercial learner's permit and a valid driver's license and accompanied by the holder of a commercial driver's license valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a commercial driver's license and applicable endorsements valid for the vehicle they are driving. However, this requirement does not apply to any person: (c) Who is operating a recreational vehicle for noncommercial purposes. As used in this section, "recreational vehicle" includes a vehicle towing a horse trailer for a noncommercial purpose

My personal vehicle is a recreational vehicle

Can you elaborate

The forgotten legal maxim is that free people have a right to travel on the roads which are provided by their servants for that purpose, using ordinary transportation of the day. Licensing cannot be required of free people, because taking on the restrictions of a license requires the surrender of a right. The driver's license can be required of people who use the highways for trade, commerce, or hire; that is, if they earn their living on the road, and if they use extraordinary machines on the roads. If you are not using the highways for profit, you cannot be required to have a driver's license.

My license was suspended due to the inability to pay undo fines