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Police State Deepens in British Columbia with Anti-Cell Phone Laws

Posted by pwl on January 4, 2010

The CULT of the Police State deepens in a disturbing way in British Columbia, Canada as of 1 Jan 2010.

It’s going to take a pretty creative excuse to get out of a ticket for violating B.C.’s new distracted driver law.

Effective Jan. 1, anyone caught holding a cell phone, PDA, portable music player or other electronic device while operating a motor vehicle is eligible for a $167 ticket. If the cop can prove you were actually using it, expect three demerit points, too.

That means simply fidgeting with a portable music player while stopped at a light is now against the law, according to RCMP Staff Sgt. Al Dengis, head of Central Okanagan Traffic Services.

“All the police are required to establish is that the individual was holding onto an electronic device,” he said.

Cops don’t have to prove that the device was in use or even on at the time of the offence.

“We simply have to show that you were driving the vehicle and holding the device,” Dengis explained.

Just holding a cell phone while behind the wheel is now against the law

This anti-cell phone law is unconstitutional, plain and simple for it assumes that one had diminished capacity when one is using a cell phone or other device in the car while driving. I’d like them to prove that I had diminished capacity even once while using a cell phone at any time for the past two decades.

Sure if a person is in an accident and it can be shown that a cell phone or a distraction was occurring and that that caused the accident that is one thing and the proper burden of proof of a contributing factor.

Failing an actual problem, such as an accident, it is well neigh impossible for them to prove that a driver has “diminished capacity” just because they were using a cell phone. It’s not like the case of alcohol.

However, to assume we are all guilty of diminished capacity just for holding a device or using a cell phone while driving is insanity and fails the burden of proof of guilt [that is required for the government to prove].

To blanket assume that everyone has diminished capacity using a cell phone device while driving is itself a serious crime against our basic rights and freedom.

Since they (the politicians who arbitrarily make arbitrary laws) give certain people exceptions they are further widening the gap between first class citizens – those with the power and special privileges above the law – and those second class humans that are forced against their will to obey insane laws that violate basic principles of freedom free from guilt.

This is another form of guilt by association. Have the phone in your hand while in the drivers seat and you are guilty. Insane.

Be very clear the burden that diminished capacity to drive MUST be proven by the prosecutors if you are faced with this insane charge. This is true especially if you’re on the phone and safely operating the vehicle properly and with awareness on the road conditions, other vehicles and pedestrians.

I think we’ll see that there are many defenses against this insane law and it’s very possible that it will be struck down as unconstitutional in a free country that values it’s freedom.

If someone is driving while not paying attention to the road conditions then they might be a road hazard however to blanket make us all criminals guilty of an offense for using a cell phone while driving is a dangerous sign of a totalitarian mentality.

One must fight back against the totalitarian mentality of those in the CULT of “government” who want to attempt to control every aspect of our lives at all costs to our freedom. Use your Natural Veto Power as a living human being and say NO to this. Fight these charges in court. File counter charges against officers, prosecutors, court staff, government members and staff, and judges who implement this draconian police state tactic of control over you.

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27 Responses to “Police State Deepens in British Columbia with Anti-Cell Phone Laws”

  1. pwl said

    On the linked article

    “Jubal says:
    January 4, 2010 at 8:55 pm

    Peter, by your absolutely over the top post it is quite apparent you use your cell phone allot while driving, text message while driving too?

    Just a few days ago I saw an idiot run a red while text messaging then damn near hit a pedestrian(whom also wasn’t paying much attention)

    Yes this is a blanket law, but I think it is a good one that will save lives.

    Quit whining and pull over to take phone calls.”

    To which I respond:

    January 4, 2010 at 11:40 pm

    Actually I don’t text while driving. Cell phone use isn’t a problem when paying attention to the road as the main priority.

    Yes, there are idiots out there driving and taking away their cell phone while they are driving won’t change their bad road habits. They’ll still do the crazy stuff like unannounced u-turns in the middle of intersections or yelling at their passengers or whatever they do or weaving in traffic while driving slow or making fast stops or not driving in their lane.

    You can’t punish us good drivers because the others are whacked in the head or half a sleep or drunk or high or medicated or angry. You need to address the whacked in the head drivers directly for dangerous driving.

    Casting a wide net is illegal as it assumes we are all criminals.

    So Jubal get the “idiot who ran the red” for running the red! Did you get his plate number and report him? If not why not? Don’t punish me or the rest of us for HIS or your crime Jubal!

    By the way don’t tell me to to shut up Jubal, you don’t have that right. You can be a lemming and bow down and have your rights curtailed willy nilly at the whim of the power brokers all you want but don’t force the rest of us to take it in the end as you again don’t have that right to abridge our freedom.

    Truckers, taxis and commercial two way radio operators along with police, emergency crews, etc… are magically exempt somehow from these unproven alleged effects of diminished ability to drive and communicate. Magic thus invalid. In fact the fact that they are exempt is a defense against this unjust law! Since they can drive safe so can I! In fact I’m a safe driver!

    If the police fail to cite themselves for their own use of communications or computer gear while they are driving they are saying they are special people who deserve better treatment than others and are above equality in the law. Typical.

    Treating one group as better than another leads to abuses. This unjust and unconstitutional law will fracture society even more than it is.

    It shall be interesting to see how it falls apart.

  2. […] the Senate Environment and Public Works CommitteeChristopher Moncton and Al Gore debate at last!Police State Deepens in British Columba with Anti-Cell Phone LawsLong Term Weather Forecasting with Piers CorbynBoiling Water Contributes to Greenhouse Effect – H2O […]

  3. justsomeguy99 said

    How to beat a traffic ticket in court;
    1) check your ticket carefully and compare it to your insurance/registration
    2) if the cop listed you as a “Driver” and especially as your insurance usually states something like “the owner shall be the primary operator”, then do a little legal dictionary hunting.
    3) to “drive” means to operate a carriage, motor vehicle, automobile or other conveyance.
    4) to be a “driver” means to be employed in the service of another while in the commission of driving an automobile, motor vehicle, etc.
    5) unless the cop can prove emphatically in court that you were a “driver”, i.e. employed in a commercial venture, there is no crime. If you use you car to go to work for instance, because it is merely your conveyance or method of travel and you are observing your INVIOLABLE RIGHT to travel, unless your employer pays your way to and from work(and this is provable) or they are paying your insurance or lease(even then unless it can be proven they pay your travel time), then you are not a “driver” but merely an owner observing your right to travel.
    6) No one travelling in your car with you is a “passenger” unless they have paid for the service, i.e. you are giving “passage”, instead they are merely your guest in your travels.
    7)You must research legalities and realize primarily that they are NOT LAW> Canada is a COMMON LAW JURISDICTION how many times have your heard that? Yet there are no common law courts, only commercial courts, which operates on a fiction, that you, the flesh and blood person, are contracting via a joinder(driver’s license, a legal fiction) with another legal fiction corporate entity (issuing authority, ICBC in the case of British Columbia). Unless the legal fiction known as ICBC can PHYSICALLY PRESENT itself in court to make a claim of loss, injury or harm, as required by the common law, so that you as a flesh and blood person may rebut the claim, there is no crime, no charge and thr issuing officer is liable for the instrument under the Banker’s Law of acceptance; DO NOT SIGN ANY VIOLATION TICKET WHEN ASKED> no one can force you to contract. MORE\/

  4. justsomeguy99 said

    8)according to the Banker’s law of acceptance the make of the instrument(the cop) is liable for the amount EXCEPT that someone argues/defends/disputes the ticket. Of course you will dispute unless the officer has LAWFUL PROOF you are a driver. Showing you a number on some toy clasped in his hand is NOT PROOF, it is circumstantial, a flawed machine, made and calibrated by a flawed human being, therefore the toy is inherently flawed.
    9)When you sign the ticket, unbeknownst to you, you are actually entering into a contract, in the case of a violation ticket, you are “accepting” the contract as proferred via your signature. Below the line where you are supposed to sign, it says “sign acknowledging that you have RECEIVED a copy of this violation ticket”. The legal definition of “receive” means to accept.
    10) simply say “I don’t sign that” with no expression on your face. DO NOT BEAK OFF TO A COP or you will be sorry. Be calm, remain in honour and know exactly whatthefuck you are saying and ADMIT NOTHING>
    11) since you did not sigh the contract accepting what is effectively a contract for payment without service rendered or chattels presented, there is NO RECORD that the instrument exists thereafter. UNLESS YOU ARGUE/DISPUTE. I learned this part after I had already sent a letter in disputing, but I have the upper hand anyway because WHY? CANADA IS A COMMON LAW JURISDICTION and the by-laws are not laws, acts of parliament are not laws, statutes are not laws, legislation is NOT LAW> I use CAPS so it is clear not because I am a wack-job SHOUTING> 8P

  5. justsomeguy99 said

    NOTE; #8 above should read “according to the Banker’s law of acceptance the MAKER of the instrument(the cop)” etc.

    NOTE; #11 above should read “since you did not SIGN the contract accepting” etc.

    12)Now as I said, I sent in a dispute form before I learned about the Banker’s Acceptance law regarding your signature as proof a contract(the instrument) exists. SO, since I sent in a letter disputing/arguing/defending(that comes when you show up in court), you are considered to have dishonoured yourself by arguing as the legal fiction assumes you know the law, know your rights etc and are competent to handle all of your affairs. This is known as SUI JURIS in the latin. This means you are legally competent, of lawful age to manage your affairs and are your OWN MASTER> However what people do not know is that the “production” of the driver’s license occurs not when you hand the plastic card to the “officer” but when you sign into an agreement/contract with the issuing authority at an MVA or ICBC Driver’s Assistance outlet. When you “produce” the driver’s license, you are agreeing to waive your right as a sovereign to travel and instead accept the “privilege” of being the slave of the legal fiction, essentially proclaiming that you are unfit or incompetent to operate a motor vehicle, carriage, automobile etc
    13) When you register you vehicle upon purchase, the dealer or w/e is supposed to give you the TITLE to the vehicle. Instead he gives you a receipt called a “pink slip” which is actually a contract whereupon you cede the ownership of your private property to the government/issuing authority/crown or w/e they aren’t calling themselves today. So when your ICBC insurance papers say “owner shall be the primary operator” it means the issuing authority you “gifted” your car to is the owner.
    14) because of 13) above, you now have to be licensed to drive the owner’s car. Hence you need to declare yourself a moron and get a piece of plastic so they can fine you, harass you, tow your car, ticket you for parking in your own country, etc, etc… SO
    15) because to be a “driver” legally means “to be employed in the operation of a car etc” and anyone “employed” is considered to be “in the service of another” and since in Canada anyone that is working for someone else is “entitled to appropriate compensation for their labours”, then this means that as the fiction owns your car and as the fiction requires you to be licensed to commit the commercial act of driving it’s car as it’s “driver” you are therefore owed payment for your labour.
    16) after telling this all to the judge, calmly and staying in honour, tell him flat out “I WILL THEREFORE IF DECLARED GUILTY OF A CRIME WHILST COMMITTING TO A COMMERCIAL INTEREST, IN THIS CASE BEING A DRIVER FOR THE OWNER OF MY VEHICLE, UTILIZE THE ORDER TO BRING CIVIL CASE AGAINST MY EMPLOYER FOR UNPAID WAGES, I WILL ACCEPT $50,000 CDN PER YEAR, ADJUSTED AND ALLOWING FOR COST OF LIVING INCREASES, SICK PAY, HOLIDAY PAY, VACATION PAY AND ANY POTENTIAL BONUSES OR SEVERANCE FOR 19 YEARS AS THE EMPLOYER’S DRIVER TOTALLING SOME CDN $950,000 AND I WILL FURTHER ACCEPT PECUNIARY DAMAGES AND GENERAL LOSSES FOR INTEREST NOT ACRUED AT %10 PER ANNUM FOR A TOTAL OF CDN $95,000 AND A FURTHER CDN $250,000 FOR GENERAL EMOTIONAL DISTRESS BECAUSE OF THE CALUMNY, SLANDER AND FAMOSUS LIBELLUS, A LIBELLOUS WRITING BY THE CORPORATE POLICY ENFORMENT OPFFICER MAKING WRONGFUL ACCUSATIONS WITHOUT LAWFUL PROOF OF COMMITTING A CRIME WHILST COMMITTING TO A COMMERCIAL INTEREST FOR A GRAND TOTAL OF CDN $1,295,000(ALMOST 1.3 MILLION) AND WILL GLADLY CEDE %15 OF THIS AMOUNT AS A ONE TIME PAYMENT OF TAXES IN GOOD FAITH.

    See what the judge says to that. The charges will get dropped because
    A) they don’t want their fraud exposed; it is fraud-that it is an elaborate fraud is irrelevant; that it is maybe an ingenious fraud is irrelevant; that it is an international fraud is also, irrelevant; FRAUD IS FRAUD – applying adjectives to it to spice it up makes it no less a fraud. and
    B) they will never allow their judgement(i.e. proclaiming you guilty-pay up) to be used as a legal precedent to bring civil suit because you will win based SOLELY on the judges affirmation of you as a “driver”. If you are a driver you have to be working for a living, therefore, you have to be paid.
    C) imagine 2.5 million people claiming an average of 18 years as ICBC’s “drivers”

    MATH = 2.5 quadrillion dollars. Instantly bankrupting the province.

    if one person does it, the legals precedent then says they all can do it.

    “strive to enter through the narrow gate, for the path to perdition is wide and it’s gates flung asunder, and through the opening doth the multitude throng”

    this is what they are guarding – have fun! Learn the law or be subject to the law

    learn your rights or you have no rights. It is their game. Stop playing it because the game is they win, you lose and you pay them.

    peace

  6. justsomeguy99 said

    A NOTE ABOUT ALL OF THE ABOVE – DO NOT ATTEMPT THIS UNLESS YOU HAVE DONE YOUR HOMEWORK – THE JUDGE WILL TEST YOU – IF YOU DO NOT KNOW AND CAN RECITE ALL OF WHAT IS ABOVE AND MUCH MORE WHICH I HAVE NOT PRESENTED HERE, DO NOT ATTEMPT THIS DEFENSE IN COURT – YOU BEST BET IS TO SIMPLY NOT SIGN THE TICKET – IF LATER WHEN YOU RENEW YOUR INSURANCE YOU ARE TOLD TO PAY XZY TICKET, UNLESS YOU GOT A SUMMONS, I.E. HAVE “HAD YOUR DAY IN COURT” THERE IS NO PROCEDURAL DUE PROCESS AND THE LEGAL PROCESS HAS BEEN IMPUGNED AND THEY CANNOT DISSIEZE YOU OF PROPERTY(YOUR MONEY) WITHOUT DUE PROCESS. BECAUSE CANADA IS A COMMON LAW JURISDICTION YOU ARE OWED SUBSTANVITVE DUE PROCESS INCLUDING THE RIGHT TO DEMAND A TRIAL BY A JURY OF YOUR PEERS BUT SINCE THEIR IS NO SUBSTANTIVE DUE PROCESS AVAILABLE TO YOU(I.E. – NO COMMON LAW COURTS) THEY AT LEAST MUST PROVIDE PROCEDURAL DUE PROCESS – IF THIS HAS NOT OCCURRED, STUDY AND SUE – NOTHING WORSE THAN A CON MAN THAT DOESN’T STAY ON TOP OF HIS OWN CON

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  9. Just Me said

    All this legal theory is a good theoretical adventure.

    Has anyone ACTUALLY WON in court presenting any of it?

    Does anybody know of PRECEDENTS that WORKED? What was the defense?

    That would be very valuable. Please share.

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