Privacy World's March 2008 Newsletter Issue 3Mar‏ From: privacyworld@mail-list.com on behalf of Privacy World (privacy@privacyworld.com) Sent: Fri 3/14/08 11:45 PM To: Privacy World - The WORLD'S SHREWDEST PRIVACY NEWSLETTER Citizen who voluntarily surrendered his "driver's license", Hyland's Method, Tom Hyland's story, Right to Travel Part I The second court order below dismisses a case, with prejudice, brought by the Santa Fe, New Mexico police department against a Citizen who voluntarily surrendered his "driver's license", his registration and insurance to the state Motor Vehicle Department and freed himself from the fraudulent, deceptive and unilateral contract imposed upon him, under color of law, and one lacking full disclosure. Several months later he was arrested, his truck confiscated, and criminal charges were filed against him. Because of the Constitutional methods used, the tow truck operator, who had been warned by the police not to return the truck until the Citizen produced a driver's license, registration and insurance, returned the truck to the Citizen, against the firm orders of the police. If the laws, rules and regulations with which this Citizen was charged were valid and enforceable, then the case would not have been dismissed, with prejudice, and the Citizen would have been fined and/or jailed. He was not. To the best of our knowledge, this is one of the few cases in the Country in which an unrepresented Citizen has prevailed in court against the massive fraud being perpetrated upon Citizens throughout this Nation, by the licensing, registration and insurance fraud being mandated by government, in defiance of the Constitution and without Constitutional authority. *********************************************************** STATE OF NEW MEXICO CITY OF SANTA FE IN THE MUNICIPAL COURT CITY OF SANTA FE v. No. L-201-TR-20048 943 Thomas Hyland ,Defendant NOTICE OF DISMISSAL The complaint filed in this case is dismissed with prejudice. Art Michaels Prosecutor or complainant CERTIFICATE OF SERVICE I hereby certify that on this 15 day of Jan. 2005, this notice was either mailed to the Defendant or his attorney, or given to the Defendant or his attorney in person. Art Michaels Prosecutor or complainant ----------------------- Now, Tom tells the story in his own words. Tom Hyland A LONG STRANGE TRIP I have lived in New Mexico for over 40 years, and 18 of those years in Santa Fe County. Most of my friends are self-created types who work for themselves, as this is also my lifestyle. Having made a living since the age of 17 as a sign maker and graphic designer, has enabled me to appreciate the freedoms my lonely schedule affords me, and I have attracted similar life-styled friends who are fiercely independent and curious as to the workings of our government and encroachments upon their rights. It is my impression that individuals who remain employed throughout their lives are less likely to have the time to study, question, or oppose authority. The true reality of the original intent of our nation is that We The People ARE the authority. All agents, officers, and officials of this nation are our servants, but because it is human nature that a government unchecked will grow into an abusive and dangerous entity, the servants of this nation must pledge an oath to defend and protect the Constitution, which is the foundation of all law and the guarantee that your Rights will remain unalienable. In my studies I learned many years ago that the driving code is commercial in nature. I obtained my first drivers license at the age of 14 after completing a drivers training class at Roswell High and have been a licensed driver until July 26, 2004. On that day, I visited the New Mexico Motor Vehicle Division headquarters in Santa Fe and returned my license, registrations, license plates, Certificates of Title, and anything else that had the word MVD printed upon it. I requested the secretary to print out the latest summary of my "Client History" which defined me as a "Non-Driver" with one surrender and no violations. By law, the only individuals who are required to license themselves and their vehicles are those who are involved in the commercial activity of transporting goods or paying passengers for a living. We The People have a Right to own the cars we have purchased and travel upon the public Right of Way. However, it has been written since the times of horse and buggy that the commercial activity of transportation shall be a regulated privilege. "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thomas v. Smith, 154 SE 579. In my meeting with the directors of the MVD, I opened the books of laws defining these commercial activities and read aloud certain passages describing jurisdiction and intent. I asked the directors if they could prove anywhere, in written law, that the Citizen must relinquish his right to travel and subvert that freedom into a paid-for privilege. The directors were unable to interject any proof at all except to say I am welcome to my opinions. I was reading from a page titled "Definitions" and I pointed out that the title atop this page wasn't "Opinions." From New Mexico Administrative Code Title 18, section 18.2.3.12, is the definition "Driving of Motor Vehicles": "The department of public safety hereby adopts Part 392 of Title 49 of the Federal Regulations with no amendments." I offered the page from 49 CFR 392 for them to peruse, which begins with the headline: "Driving of Commercial Motor Vehicles." At that point, the directors went silent and I told them I would return the following Monday and close my account. About two months later, I was detained in a traffic stop by a Santa Fe police officer whose probable cause for stopping me was her observation that there was no license plate on my pickup truck. I showed this officer an Affidavit, executed on the day of July 24th, attesting to the items returned to the MVD. I showed the officer the printout from the MVD database of my status as a non-driver. And, I produced the same definitions from Title 18 and the Code of Federal Regulations I mentioned in the previous paragraph. This officer was confused and unable to reach a decision without calling her commanding officer, and this other fellow arrived shortly thereafter. He read over the same facts, laws, and evidence, and ordered that my truck should be towed away, and held in ransom, until I became, once again, a participant within the commercial driving codes defined by Title 18. At the moment the front wheels of my truck were lifting off the ground, the original officer said, "So, tell me some more about your rights." I replied, "These are your rights, too, but you told me earlier that you didn't want to hear anything about the Constitution or my rights." She replied, "Yeah.... that's correct." I immediately phoned Sheriff Greg Solano to inform him of this attack upon my rights and my property. The Sheriff, in America, is the only elected police officer, and he has the authority, and duty, to protect and defend his citizenry against all enemies, foreign and domestic. The Sheriff has the authority and power to eject any agent from any federal agency operating without court ordered warrant, be it FBI, CIA, IRS, ATF, ICE, or any other problematic initials, that are operating within the boundaries of his county jurisdiction. Every phone call to my sheriff went unanswered. Over the next two weeks, I wrote the sheriff two letters. In a written letter to me, Sheriff Solano replied, "... until such time as a court of law rules that citizens may declare themselves sovereign, I cannot act to assist you in this matter. As you well know, I am sworn to uphold the constitution and the laws of the federal, state, and local governments. As part of that responsibility, I must rely on court rulings on matters such as yours." We The People created the Sheriff. We created the courts. We create the judges. And there is no court that has the authority to determine if we are sovereign, or not. Sheriff Solano wrote that he must uphold ALL laws. The lawful definition of a law officer is the first paragraph to NMSA 29 (New Mexico Statutes Annotated), titled "Law Enforcement." It reads, "29-1-1. It is hereby declared to be the duty of every sheriff, deputy sheriff, constable and every other peace officer to investigate all violations of the criminal laws of the state which are called to the attention of any such officer or of which he is aware, and it is also declared the duty of every such officer to diligently file a complaint or information, if the circumstances are such as to indicate to a reasonably prudent person that such action should be taken, and it is also declared to be his duty to cooperate with and assist the attorney general, district attorney or other prosecutor, if any, in all reasonable ways. Failure to perform his duty in any material way shall subject such officer to removal from office and payment of all costs of prosecution." It was 30 days later when my truck was returned to me. The third letter I wrote to the tow truck operator, apprising him of his criminal activity of accepting stolen property, under the lawless orders of the Santa Fe Police Department, and their likely unwillingness to pay for his defense in an upcoming civil trial, convinced the man that it would be best to remove this truck from his possession. Not knowing when my property would be returned, I had to buy another truck, as I live almost 15 miles from Santa Fe, and I had no practical means to work, or buy food, or attend to my affairs. I need to work, to earn money, however, driving to work is not a commercial activity. If my only activity was transporting signs, then I would be involved in commercial transportation. Driving to work, the grocery store, or bringing a bowl of soup to your grandmother is your right. But... is it really MY truck? When you go to a car dealership, and if you pay the entire amount, no financing through a bank or loan company, you are given the "Title of Origin" or "Manufacturer's Statement of Origin." This is the true title to the car. The car manufacturer builds the car and owns this property until it is delivered to the car dealership. The car and "MSO" is handed over, for the wholesale payment, and now, the dealership owns the car. If the customer purchases the car with full payment, he is given possession of the car and the perfect title, the MSO. Unwittingly, that individual seeks out the nearest MVD office, hands over the perfect title in exchange for the MVD fabricated "Certificate of Title", it says "MVD" right on it, and now THE STATE OWNS YOUR CAR in a commercial privilege defined as "driving." Your full compliance is met when you attach a license plate, with registration sticker, to the bumper, and you carry the drivers license on your person. This is what gives the cops the authority to have your car towed away, because, in reality, the state owns your car. If somebody shoves a gun in your face and demands your wallet, that is called "robbery." If your property or your money has been stolen away without your knowledge or consent, that is called "conversion." To have been duped into a situation where you unwittingly waive your rights and ownership of property and convert those precious belongings into paid-for privilege, is "fraud." To be held before a judge, or by armed police, and to be forced to pay fines or suffer imprisonment, is "coercion", "racketeering", and "extortion." I have brought charges against 34 individuals, working within the machinery of government of the State of New Mexico, and I will say more about that later. On January 15, 2005, I appeared at the Santa Fe Municipal Court for a pre-trial hearing to review the charges brought against me during that traffic stop in September. The prosecuting attorney for the City of Santa Fe, Art Michael, was stunned when I described to him that there was no nexus connecting me to the New Mexico MVD. Mr. Michael asked me if he may shake my hand. I allowed this and he said, "You are the first person, ever, to come in here and tell me this." All charges against me, no license, no registration, no insurance, were dismissed, with prejudice. On June 23, 2005, I was detained late one evening when a New Mexico State Police officer observed that one of my headlights was defective. Only minutes earlier, I became aware of the headlight, and was turning my brights on, and off, when other cars neared, and was intent on returning home and fixing this light immediately. This traffic stop resulted in three citations, once again, for the identical charges listed above. However, considering me walking home several miles in the dark, the officer waived the truck being towed. In the ensuing months leading to a trial by jury, I mailed the state cop so much information regarding the fraudulent nature of the MVD, and his own upcoming performance at my trial to testify against me, that this individual quit the police and became a security guard. I requested specifically that my rights to a trial by jury be secured, and this was granted by the presiding judge, Sandra Miera. However, as the trial approached, I asked the judge to certify a subpoena that called for Santa Fe Prosecuting Attorney Art Michael to appear and testify on my behalf. I wanted Mr. Michael to describe to the jury how he dismissed the identical charges now brought against me once again, in my previous appearance at the Santa Fe Municipal Court. When Judge Miera was presented with the subpoena to certify, she recused herself from the case. And within minutes, the case was reassigned to Judge George Anaya, but right to trial by jury was subverted to a "hearing." A hearing is a judicial venue in which your fate is decided by only one person, a judge. The word "hearing" does not appear in the Constitution, because of its biased and unfair nature, and the framers of our Constitution underlined that only true and fair due process of law could be met within a trial by jury. On October 12, 2005, the hearing regarding arraignment for my second incident was conducted at the Santa Fe County Magistrate Court. The entire affair ended in less than 30 seconds when Judge Anaya dismissed all charges, with prejudice. "Dismissed with prejudice" means that the matter has been put to rest, forever, with no grounds to ever open or re-examine again. Dismissed "without" prejudice leaves the case vulnerable for further controversy. On the afternoon of September 22, 2006, I was near the plaza in Santa Fe and had just locked my truck and was walking away when a Santa Fe police officer drove up and announced, "Hey... you were not wearing a seat belt." I asked him, "Isn't it a bit late to be discussing whether I was wearing a seat belt or not?" He didn't answer that question but asked to see all of my credentials. When I told him where my credentials went, and how long ago, the officer retreated to his police cruiser to confer with headquarters on the radio. Whoever he was speaking with told him to not issue any tickets, only warnings. The "warning" section of the traffic citation states that you are admitting that laws have been violated, but there will be no fines issued or court dates to meet. I refused to admit that I had broken any laws and signed "All Rights Reserved" just before my signature. When you receive a traffic ticket, there is a headline atop the page that reads, "Uniform Traffic Citation." Uniform means this is the same procedure, the same laws, the same jurisdiction from state to state. It is the same company doing business over every square inch of this country. This isn't only a New Mexico fraud, but a fraud that we suffer in every state in the union. An unpaid parking ticket in Oregon, from five years ago, will prevent you from renewing a driver's license in Rhode Island tomorrow afternoon. With a driver's license, you have no right to be on the road, you have no right to park your car on the street. After these three incidents had passed, I considered the state of affairs, which is my life. Having read and absorbed the Constitution and a great many driving codes, plus, other laws regarding income taxes, building codes, and further studies too numerous to mention in this article, I came to the conclusion that I am very much like a human yo-yo. My public servants will continue forever to yank my up and down like a toy on a string, unless I devise a civil suit that will expose the treachery and deceit of this fraud that has been robbing the American people for over 90 years. "The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S. 230 F 486, 489. Part II to be continued in our next newsletter. Be sure to check out our latest banking products and services at www.privacyworld.com/5mastercard.html Until our next issue, stay cool and remain low profile! Privacy World ----------------------------------------------------------------------------- To subscribe, send a blank message to PrivacyWorld-on@mail-list.com To unsubscribe, send a blank message to PrivacyWorld-off@mail-list.com To change your email address, send a message to PrivacyWorld-change@mail-list.com with your old address in the Subject: line To contact the list owner, send your message to PrivacyWorld-list-owner@mail-list.com To unsubscribe, or change your email address, click here. http://cgi.mail-list.com/u?ln=privacyworld&nm This message was launched into cyberspace to you