an interesting story

[jerseyben]

"There was a man who used to live on a quiet seldom traveled street in a quiet town in a rural part of the USA. He was descended from family who settled the town 200 years ago. He lived on this street for over 50 years and in that 50 years the speed limit was always 50 MPH. It was rumored that the man's relatives erected the first speed limit sign in that town many years prior. About 5 years ago, the area experienced a boom and people began moving into the town and building houses on the man's once quiet street. Soon, a school went up just at the end of the street. At 50 MPH, there were several traffic accidents and then one day a boy walking to school was struck by a car and badly injured. The town council passed a law changing the speed limit on the street to 25 MPH. The man, seeing the speed limit sign, cried foul. He wondered why should he have to obey the new speed limit when he lived there for over 50 years and was always lawfully allowed to travel 50 MPH? One day, a cop pulled over the man for doing twice the speed limit (50 MPH). The man insisted he would not recognize the new speed limit because the town founders did not have speed limits when they founded the town and for 50 years the speed limit was 50 MPH, which he lawfully followed for those 50 years. The man did not show up to his court hearing because he refused to recognize the "new" speed limit as the law. The next time the man was pulled over for doing 50 MPH, he was promptly arrested for outstanding warrants. The man insisted that he was a lawful citizen who always obeyed the law for 50 years and that his family who originally had settled the town wouldn't have wanted the speed limit changed to 25 MPH. Therefore, he would not recognize the new law, and thus his warrant and subsequent arrest were unlawful. When he went before a judge, the man refused to plead guilty or not guilty because he insisted he would not recognize the law that changed the speed limit to 25 MPH in the first place. The judge sentenced him to a jail term since he refused to plead and he would not accept the fine in order to be released. In jail, the man was unable to work or pay his bills. Fed up with this ordeal, his wife left him after he lost his house and his car due to being unable to pay his bills".

An interesting story.

 

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[0121stockpicker]

He was standing up for his constitutional right to drive as fast as he wants. Life, liberty and the pursuit of happiness says that I can do absolutely anything I want as long as it brings me happiness!! And god help anyone who tries to take my rights away!!!

 

[0121stockpicker]

Nice analogy.

 

[onfire]

I saw a Assault vehicle today....It was black, scary looking and was clearly designed to kill innocent people by enabling the driver to exceed the legal speed limit by over 100 miles per hour. 32,362 people were killed. on the road way's in 2011 Americans don't need 470 horsepower. BAN THEM.

 

[Treasure_Hunter]

American Jurisprudence, 2nd Edition. Source:16 Am Jur 2d, Sec 177, late 2d, Sec 256

The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.


MILLER v United States 230 F 2d 486 1956

"The claim and exercise of a CONSTITUTIONAL RIGHT cannot thus be converted into a crime."

 

[0121stockpicker]

American Jurisprudence, 2nd Edition. Source:16 Am Jur 2d, Sec 177, late 2d, Sec 256

The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

MILLER v United States 230 F 2d 486 1956

"The claim and exercise of a CONSTITUTIONAL RIGHT cannot thus be converted into a crime."

I thought that nonsense was for your attorney to figure out. Glad to see you quoting from the book. Best.

 

[Treasure_Hunter]

I posted a reply to your post that you told me i was wrong when I said unconstitutional law is invalid from moment it is law, you stated that it wasn't unconstitutional until declared so which is wrong.... You choose to ignore that post.

On this thread there is no comparison, there is no constitutional right to speed.

If I am falsely arrested for not obeying a law that violates the constitution my attorney will handle it. I have no concerns or fears about standing up for our rights under BoR or our Constitution, it is the rock america was founded on.

 

[packerbacker]

Why not tell the rest of the story? This ol' guy ended up living out in the country. After being there a few months he came across a boy lying in the ditch having difficulty breathing. The ol' guy picked the boy up, put him in his car and sped off to the hospital. He had to go through the same speed zone he had been ticketed for speeding in only this time he was traveling 75 mph. (That's miles per hour for you Brits out there) Suddenly he had the sheriff on his tail but he continued on to the hospital where it was discovered that the boy was the mayor's son and had been stung by a bee and was highly allergic. Because he had saved the mayor's son, he was given a citizenship medal at a formal dinner at the courthouse. The sheriff even shook his hand and writing a ticket wasn't even considered. The ol' man then realized that, as long as he obeyed the law for public safety reasons, he could still keep his new car and ignore that speed limit in an emergency. Kinda like legal gun owners that live in an area they could shoot in and then a housing tract goes in. They either move, quit shooting or shoot somewhere else. But, because the ol' guy didn't have the common sense that a legal gun owner usually shows, they are thinking about declaring him a nutjob and taking away his guns.

 

[Crispin]

Why not tell the rest of the story? This ol' guy ended up living out in the country. After being there a few months he came across a boy lying in the ditch having difficulty breathing. The ol' guy picked the boy up, put him in his car and sped off to the hospital. He had to go through the same speed zone he had been ticketed for speeding in only this time he was traveling 75 mph. (That's miles per hour for you Brits out there) Suddenly he had the sheriff on his tail but he continued on to the hospital where it was discovered that the boy was the mayor's son and had been stung by a bee and was highly allergic. Because he had saved the mayor's son, he was given a citizenship medal at a formal dinner at the courthouse. The sheriff even shook his hand and writing a ticket wasn't even considered. The ol' man then realized that, as long as he obeyed the law for public safety reasons, he could still keep his new car and ignore that speed limit in an emergency. Kinda like legal gun owners that live in an area they could shoot in and then a housing tract goes in. They either move, quit shooting or shoot somewhere else. But, because the ol' guy didn't have the common sense that a legal gun owner usually shows, they are thinking about declaring him a nutjob and taking away his guns.

This story is exactly why I always carry my epi-pen with me. I am deathly allergic to fireants. If I was that old man then I would have jabbed my pen straight into his leg, been the hero, and then driven him to the hospital at the regular speed limit as the emergency would be over.