The arraignment for my alleged violation of ‘operating without a license’ proved to be a bit of an adventure.
It was scheduled for 8:30 the morning of 9th February 2011. This was one week after the originally scheduled arraignment for which I requested, and was easily granted, a continuance for the hazardous weather conditions.
By 4:40 the eve of the newly scheduled arraignment, the weather conditions did not look much better. I was supposed to go to the Keene area with friend and videographer Jason Talley of Talley.TV that evening. We had planned to spend the night, and then have a short, safer trip to the court in the morning— rather than a two-hour trip from Free Grafton starting before sunrise. However, at 4:40PM it was snowing and the temperature was dropping precipitously, projected to reach subzero degrees Fahrenheit according to Weather.com.
At that moment, despite the prospect of disappointing and inconveniencing our hostess and other friends, and despite uncertain reactions from the court, I decided that for the sake of safety, I must cancel this trip and seek a continuance again from the court.
I called the court, which was already closed and left a message (I paraphrase and abbreviate): “I am very concerned about the conditions of the road, and I’m not going to be able to make the trip as scheduled.”
On the morrow, I called within a few minutes after 8:00, the court’s opening time, to check on my status with the court. The person who answered the phone did not have any information to give me, such as whether the continuance was granted or whether there was a bench warrant for my arrest for failure to appear, and she suggested that I call again around 11:00.
At approximately 9:30, I called a third time. Still no answer to my questions; however, the sun was shining brightly and there was no sign of snowfall.
At this time I made another decision: Go to the court ‘better late than never’, and get there when I can, with or without Jason.
I told the court clerk that it might take at least two hours for me to get there, but that I would do my best to get there ‘when I can’.
The first 40 minutes or so of my solo trip was done in four-wheel drive, almost exclusively on snow and ice, ascertaining that my decision not to make the trip as originally scheduled had been a sound one.
Shortly after my disengaging the 4wd, I got word via mobile phone from a court watcher in Keene that the court had already adjourned for lunch. Other calls from the court watcher in question revealed that there was a bench warrant out for my arrest, and that court police were overheard commenting how I was going to be arrested on arrival.
Needless to say, the prospect of being hauled off to jail upon arrival at the court made for a rather unnerving trip.
The fact that there was a bench warrant for my arrest for putting safety above ‘the law’ is more evidence that the traffic courts are less concerned about our safety and more concerned about forced compliance and revenue generation.
With several friends acting as court watchers present, I made my appearance in the Keene District Court at 1:30 p.m., the moment it was back in session.
When I was called before Judge Burke, the bench warrant was dropped like a hot potato. I avoided answering any question I wasn’t required to answer, including my contact information. I suggested that the case be dismissed. Judge Burke declined the offer for dismissal and he checked off a ‘not guilty’ plea. Once he was convinced that I agreed to the ‘not guilty’ plea, I was on my way.
It would have been relatively easy to pay the $103 fine for this ‘simple violation’ and be done with it. But let’s put things in perspective: If a schoolyard bully demands 75¢ from a smaller boy, it’s not about the triviality of the amount of money involved. Extortion is wrong, even if the perpetrator wears a badge or a robe, and even if the threat is made politely and in the form of an ‘offer’.
To the best of my belief and knowledge, I have never signed any contract with the State of New Hampshire or its Courts binding me to any such obligation as to obtain a licence or pay any fine or fee. My only responsibility is my safety and the safety of others that I may encounter on the road. I contend that the burden of proof of any obligation for me to pay or obtain permission to travel is on the State.
At some point we need to stand on principle. Remember that the founders of the united States of America were protesting taxation and other forms of tyranny that were far less oppressive than what we face today. The first step to being free (once we’ve acknowledged that we’re really not free) is to act free, and to challenge any law or statute that restricts our Rights such as Life, Liberty, the Pursuit of Happiness, and Property.
The trial by judge, or ‘HEARING’ as the court calls it, is scheduled for the 27th of June 2011 at 10:00 a.m. There is a Facebook event for this trial.
There will be more videos and blog posts chronicling this case, as new developments, such as responses to motions (or lack of responses thereof), take place.
