Hi Sangesf,
Well, you pretty much got it there... A pile of money and you can do pretty much what you wish, when you want to.
I was born in a land where they told me I was among the most fortunate on earth, "Land of the Free and Home of the Brave", they said. Where all men were created equal, and entitled to freedom and the liberty to exercise it.
As you pointed out, I've learned different.
That's pretty much the point of the thread.
Probably a good percentage of the membership is making use of MABs as the best option for their purposes. Some are green, some may struggle to afford operation costs of anything more, and some are just out to have fun. The financial end of things is a large factor here. The very best, top of the line MAB is far, far less than a production motorcycle that would flat run circles around one in all aspects, bar none! Otherwise, those of us who just do this for fun might be riding an american made motorcycle, or one of them imports that are faster than the wind, but take a bank loan to purchase.
Yes, time is a major factor in pursuing legal ventures. Especially if you are studying as you go along!
Sangesf, I KNOW I am in the right of it. There's no 'think' about it.
I have a reasonably good command of the english language, and a stack of dictionaries... I read the law, and understand the words. There is no doubt.
Frankly, I don't need someone in a black robe who feels interpretation is in their job description. The courts are part of the system instituted by the people to protect themselves from government excess. IMO, they have failed their duty to the people.
Why don't I go to the Supreme Court?
If you hadn't guessed, it's difficult.
Procedurally, you must be an injured party, (convicted of an offense), and work your way up through the appeal system, one level at a time.
What has happened in the past, is that lower court decisions have been overturned on grounds other than the 'right to travel' issue, which left the defendant without cause to proceed further. Local prosecutors just won't pick the case up and re-file it, because it's not a money maker for them.
The higher courts are quite sparing with their power. They always go for the least possible impact of delivering their verdict.
Also, they are only capable of reviewing so many cases each year, and are quite selective about what they will allow to come before them. They ARE political !
One friend of mine did make it to the supreme court with his case, years back, and he had shown me the proceedure required by the court. His was an issue regarding veterans rights and POA/HOA fee increases, which he did lose, in the end. It took every bit of 5 years, from the date of his loss, in civil court, superior court division, at the county level.
Your case must be presented in a little book, printed and bound up nicely in a specific format, with sufficient copies for all the judges and interested parties. Short and sweet. They won't accept any extraneous dialogue. Period.
In criminal. or in agency contract type cases, the lower courts would NOT stay imposition of sentence until an appeal was pursued, and a convicted party would be required to pay whatever fines necessary, or possibly be subject to incarceration even though they could be found not guilty by the higher level courts, after some period of time. Of course you know that in tax cases, you must first pay the tax imposed, right or wrong, before you can appeal the matter. If not, you would not have sustained injury, and would have no standing before the court.
Difficult to do legal research, print up court briefs, and support a family while incarcerated! LoL
...Which is what the tax collecting muni courts depend upon! Not many have time, and resources to fight even the smallest traffic citations. It's easier to pay them!
All told, I have found study of law fascinating. There's a lot of wisdom in the court case decisions. The decisions are good, and bad, and some are subsequently overturned by other courts. Many cases are decided in contradistinction to stare decisis. The matters temselves are occasionally the stuff movies are made of. Miranda... that guy was just a two bit druggie thief! But the courts wisely decided in his favor. For OUR benefit!
There's an interesting small booklet out there I would advise reading...
It's called "The Law", by Frederic Bastiat.
He was a minor government official in the 19th century who penned a very good little book that is highly regarded.
You might have a look at it.
For entertainment.
Best
rc
JB... Whew!
Pls give me a chance to read that offline.