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Archive for May, 2013

In defense of the right to travel, Dewitt Town Court, May 9, 2013

May. 08, 2013, under opinions, philosophy

My name is W FRED KOSCHARA, which is the name shown on my driver’s license.  My name is not FRED W KOSCHARA as was written on the UNIFORM TRAFFIC TICKET I received that is causing me to appear in Dewitt Town Court on Thursday, May 9, 2013 at 7pm.  FRED W KOSCHARA is a fictitious person invented by the author of the UNIFORM TRAFFIC TICKET, apparently Officer DAVID A JOHNS, for the convenience of filling out his paperwork.  In addition, my driver license clearly shows that my address is 11 DELL COURT, LYNN, MA, not PO BOX 15571, BOSTON, MA as written on the UNIFORM TRAFFIC TICKET.  I am being forced to appear to defend my license from an accusation against a fictitious person.

The right to travel in public in the peaceful conduct of one’s own affairs is a fundamental part of freedom.  If a natural person, especially a sovereign citizen, cannot travel in public without question, interruption or punishment, liberty has been lost.  If that loss has been at the hand of the government whose job is to protect the rights of the public, this can no longer be called a free country.

On the morning of November 22, 2012, I was traveling westbound on Interstate 90, a Federally funded public way.  At approximately six o’clock on that morning, I was stopped by an armed man, hiding by the side of the road, whose intent was to present a demand for money:  The UNIFORM TRAFFIC TICKET I received is not a criminal accusation, it is a civil complaint in which the State of New York is suing me for failing to obey a law.  My assailant, dressed in an ill-fitting coat and what looked to me like a sloppy wool ghetto hat, did not identify himself or who he was working with or for, but I did observe a patch with the words “State Police” sewn onto his jacket.

The rule of law must be based on objective measures – observation of empirical facts which can be held against a common standard applied to all.  Otherwise, if subjective matters, based on opinion, are allowed to determine the outcome of a legal decision, the question becomes one of whose opinion is “more correct” – which is the mark of a dictatorial regime.  When laws are used to codify subjective decisions, that merely masks the opinions behind them with the color of law, but it does not change the fact that any legal decisions based on those laws are in fact not based on objective measures, and are therefore an inherent danger to liberty, and to civilization itself.

By their nature, objective measures are not something that can be used to predict unrelated results.  For example, speed is an objective measure of the relative rate of travel between two objects.  By itself, speed can be used to predict the time the two objects may be in proximity, or how long it will take one to strike the other if they are on a collision course.  However, by itself, speed cannot be used as a measure of safety.  For example, if two railroad trains are moving toward each other at a speed of half a mile per hour and a person is standing between them with no chance to escape, their slow speed is unsafe because the person will be crushed.  However, light traveling more than 186,000 miles per second washes over us all the time and we continue unscathed.

Accidents are measurable events, an objective measure of safety – which is why the expression “safety is no accident” is so common in motor vehicle department literature.  Speed limits, on the other hand, are an expression of what someone has determined is “an acceptable level of risk” – an OPINION of what is safe vs. what is not.  Speed limits were determined some time in the past by someone who probably never was on the road in question, and who certainly had and has no idea of what the conditions of the road, vehicle, weather and/or driver were at the time of enforcement.  Statistics are cited as the basis of the decisions behind setting speed limits.  Statistics is a branch of mathematical science used for categorizing the past behaviour of large groups.  If you ask any competent mathematician, however, they will tell you that statistics are completely useless for predicting the future behaviour of an individual.  Doing so is scientific fraud, and when it is used as the basis for speed limit enforcement, it becomes a crime against every person who receives a speeding ticket that is unrelated to a specific accident.

When I sit down behind the steering wheel, I am assuming responsibility for the safety of everyone and everything in front of me.  If someone makes a claim that I am an unsafe driver without an objective measure of my performance, they are slandering my good name.  I take great offense to such a defamation of my character.

My accuser told me that he was going to write me a ticket because of my unsafe speed.  From my perspective, that meant that not only was he presenting a demand for money, but he was saying I was an unsafe driver, adding insult to injury.  I logically asked by what objective measure was my driving unsafe, and received a brusque reply of “by the same objective measure as used for everybody else on the road!”

Upon examination of the UNIFORM TRAFFIC TICKET I received, I was astonished by reading the opinion that I “aggressively challenged the unsafe nature of [my] speed” – I hardly think that calmly asking a legitimate question for which I was seeking a rational answer is “aggressive” or belligerent.

When I was stopped on November 22, there was no accident involved, and since we were the only ones on that westbound stretch of the road at the time, I believe there was no question of whether I had been involved in an collision.

There are two things a person has when they come into this world that they are fundamentally entitled to: their time, and their abilities.  This is the basis of their personal wealth which they must trade for their survival, comfort and happiness: everything they need and want to live their life.  The only proper way a person will lose some of their time and/or abilities is through voluntary mutual trade for mutual profit with another entity, or as a voluntary gift to someone else:  If another entity initiates the use of force to deprive a person of their time and/or abilities, the perpetrator has committed a crime against the person.

With the amount of driving I’ve done over the course of my lifetime, I could have driven to the Moon and back and around the Earth ten times without an accident.  I am not claiming that my past behaviour predicts my future safe driving:  The reason I expect to continue driving safely is because of why I have successfully driven that much without causing damage along the way – I pay attention to my driving, to the road and conditions around me – I think about what I’m doing, and I moderate my behaviour based on what is appropriate:  I know what I’m doing, and I use my abilities to make the best use of my time that I can.  I find the idea an extreme offense to my sensibilities that some petty bureaucrat, sitting in a cubbyhole “forty” years ago who never met me and never saw the road or vehicle I’m using, would be allowed to dictate my actions and deprive me the use of my constructive abilities.

I realize that the New Hampshire state constitution does not have legal authority over the actions of the State of New York, but it contains sage advice that is relevant in the matter at hand.  To wit, Article 18 of said document, entitled “Penalties to be Proportioned to Offenses; True Design of Punishment,” states “All penalties ought to be proportioned to the nature of the offense.  No wise legislature will affix the same punishment to the crimes of theft, forgery, and the like, which they do to those of murder and treason.  Where the same undistinguishing severity is exerted against all offenses, the people are led to forget the real distinction in the crimes themselves, and to commit the most flagrant with as little compunction as they do the lightest offenses.  For the same reason a multitude of sanguinary [[bloodthirsty]] laws is both impolitic and unjust.  The true design of all punishments being to reform, not to exterminate mankind.”

Let’s consider the severity of punishment with regards to today’s driving environment.

If a “minor” collision occurs between two vehicles in rush hour traffic, the drivers will most likely exchange papers without police involvement, and subsequently file claims with their insurance companies.  There may be thousands of dollars of damage as a result of a minor “fender bender,” and the claimants will pay more insurance premiums for some time, but there won’t be any motor vehicle department actions against their license.

On the other hand, look at what a person suffers after being “convicted” of speeding:  In addition to the fines imposed and any court costs, and the cost of appearing in court, a portion of their “driver license” is held in ransom through the system of “points” the motor vehicle department assesses for the “offense.” Furthermore, the price of the person’s mandatory insurance purchase rises, and remains at an elevated rate for a period of years.  By merely trying to reduce their travel time, not by causing any damage or harming anyone, a burden measured in hundreds, if not thousands, of dollars is cast upon this hapless soul.

This means a person “convicted” of speeding often suffers more punishment than if they had been in an accident and had caused tangible damage – which is precisely the condition against which the authors of the New Hampshire state constitution had warned.

Enforcement of unpopular or unjust laws for the sake of their enforcement is a tool used by tyrannical governments to gain control over their subjects:  A free, innocent person is not easily ruled, but if you can convince someone they are guilty, you can use that guilt to get them to do just about anything you want them to do.  Whether it is stated or not, that is one of the primary reasons behind motor vehicle law enforcement – the government “needs” to have a “guilty” populace in order to keep them under control.

I am sure there will be no drivers in the court room who have never driven above the speed limit.  I also believe it is highly likely that the police officer who wrote the UNIFORM TRAFFIC TICKET causing me to appear in court routinely drives above the speed limit.  If the general consensus of the populace is that speed limits do not need to be obeyed, if the police officers writing speeding tickets are among the most flagrant violators of the law they are enforcing, how is justice served by speed limit enforcement?  Who is the person without sin who can throw the first stone?

In my considered opinion, speed limit enforcement where there is no accident involved must be one of four things:

  • Prior restraint, i.e., punishment before a crime has occurred, which has been ruled unconstitutional by the United States Supreme Court, and is further a fundamentally unsound principle:  If prior restraint is to be allowed, we must ban eating utensils, because someone might use a spoon to stab their neighbor.  Chairs must be outlawed because one could be used to beat another person.  Indeed, civilization itself must be prohibited, because the only time a crime can occur is when two people interact, and if there’s no civilization, there won’t be any more interaction between potential criminals and their victims.
  • Punishment because someone else committed a crime, which would per se be an abrogation of justice:  How can one person be held responsible for the deeds of another over whom they have no control, and probably never even met?  The abuse of statistics to support punishing individuals because of observations of large groups in this way is nothing more than scientific fraud, merely compounding the injustice.
  • Enforcement for the sake of enforcement, the mark of an autocratic regime which has no place in a free society.  At best, such behaviour is an attempt to impose uniformity onto a populace of individuals, which results in holding the best back to the level of the worst, and leads to punishment for possession and use of ability.  Any society that condones the use of force to prevent the best among them from doing their best has committed suicide, and will not last long.
  • Revenue enhancement, (its common name) wherein the legislature sends police officers to rob the public (so they can give away money they do not have), a conspiracy to commit armed highway robbery, committed by the government against the people it is supposed to protect.  The fact that state governments have enacted laws as a thin veil of apparent propriety over their actions does not alter the fact that their actions are indeed criminal violations of so many Federal laws that the perpetrators should be spending the rest of their lives behind bars.

I challenge anyone to demonstrate that speed limit enforcement where there is no accident involved is not one of the four cases described above.  Unless and until such an argument is made, I must demand that such enforcement be summarily prohibited.

I am being brought into court to defend myself not because I committed a crime, or did anything that is fundamentally wrong:  I was summoned to appear because crimes have been committed against me.

As an innocent victim of the crimes that have been committed against me that are drawing me into court, and because I have not done anything fundamentally wrong that would justify imposition of punishment, I am requesting that I be found not guilty of any wrong doing.

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