Victory in Defeat

On December 13, 2012 I had a trial in Newport District Court for expired vehicle registration. Specifically, I was charged with violating RSA 261:40. For those who aren’t familiar, Newport is a much smaller town than Keene. Normally in Keene, as well as Manchester, Concord and I would guess most other District Courts throughout New Hampshire, there are many people scheduled for trial at the same date and time. This was not the case in Newport. Aside from myself and seven others from Keene, the only people in the court were Trooper Hickox (who was prosecuting his own case), one bailiff, a court clerk and the judge.

Before the trial began, the judge issued an edict that only one camera would be allowed to operate during the trial, despite the fact that three individuals filed notices to record. He immediately took a brief recess so that the camera situation could be straightened out and stated that if a decision wasn’t reached on which camera was to be the camera to record the trial, that NO cameras would be allowed.

During the trial, Trooper Hickox stated that he witnessed me traveling on South Main Street in Newport, NH on May 16th at approximately 4:40pm. He was not familiar with the Texas license plate on the vehicle, so he asked his dispatcher to run the plate. Dispatch informed him that the registration was expired, so he pulled me over and issued a ticket.

During my cross examination, I was able to get him to admit the arbitrary nature of enforcement of the supposed rules. He admitted that he does not always run out-of-state license plates and he does not always issue tickets to people he stops.

When asked if he had proof that I was subject to the statutes of the State of New Hampshire, he stated that I was operating a vehicle on a way in New Hampshire. I reminded the Trooper of Article 3 of the New Hampshire Constitution and stated that since governments are not duty bound to protect my rights, I am not obligated to surrender my natural rights; he violated my rights that are supposedly protected by Articles 2, 4, 10 & 19 of the New Hampshire Constitution.

I also stated that Article 10 states there are not to be two classes of men and the entire vehicle registration code is invalid because it grants exemptions from the fees for some, but not for all – thus creating two classes of men. [see RSA 261:157; RSA 261:157-a & RSA 261:158]

I further stated that I am a member of the Shire Society, and did not consent to being governed by any government that is currently recognized.

I closed by asking, twice, if he had physical evidence to prove beyond a reasonable doubt that I violated RSA 261:40. He stated that he did not and I rested my case.

The judge then issued rulings on the Motion to Dismiss (denied) and the Motion for Exemption from the “requirement” to Register a Vehicle (denied). Finally, the judge found me guilty of violating RSA 261:40 and ordered me to pay a fine of $100 plus a 24% administrative fee for a total of $124. I motioned the court to allow me to donate money to charity in lieu of paying the court (denied) and I motioned the court to allow me to perform community service in lieu of paying the fine (granted).

I now have until December 31, 2012 to perform 12.5 hours of community service. I’m able to do community service “for a certified non-profit organization, such as a church, homeless shelter, food bank, senior center or charitable service organization…. a municipal entity such as a police department, fire department, school or local governmental agency.” I will perform my 12.5 hours of community service for The Church of the Sword!

One interesting tidbit: after the trial, Ian Freeman said that he believes I am the first person to mention the Shire Society in a court proceeding. While I did not win this (court) battle, I believe I had a moral victory in showing the arbitrary nature of governments, admitting in court that I do not consent to being governed and being among the first people to mention the Shire Society in court.