- No Driver's License, No Plates, Not Guilty
- By Mike McKnight
- 20/12/2010 Make a Comment
- Contributed by: Bob ( 1 article in 2010 )
A routine traffic ticket caused a Papillion man to draw a line in the legal sand. It's a challenge of certain licensing laws that resulted in a surprising outcome in court.
“Motorist does not have a license plate on his vehicle,” said La Vista Police Chief Bob Lausten. The driver of a car didn’t have plates or a license and he refuses to get either one.
“This is an unlawful stop, I believe,” said Ernest Kubr on the cruiser cam video.
“You don't have license plates on your vehicle, sir,” said the officer.
“Am I required to?” asked Kubr. “It’s my property.”
Kubr surrendered his license last year and didn't plate the car he purchased in September. “I pay all of the lawful taxes I'm obliged to pay, but a right cannot be licensed, taxed or registered.”
Kubr has been ticketed three times in three months, twice by La Vista police. “My concern is obviously somebody who is not following the laws of Nebraska,” said Chief Lausten. “We're enforcing the law, we're doing what we're supposed to do and we expect the motorists to do the same.”
Evidence in Sarpy County Court showed Kubr doesn't have car registration or a driver’s license, but Judge Robert Wester found him not guilty of both charges.
The prosecutor said it has to do with state records on Kubr's address, listed as “in care of," though he has a home in Papillion. “I believe we had enough evidence to show he's a resident of Nebraska, but the judge disagreed, so based on that is what really made the difference,” said Assistant Sarpy County Attorney Casey Taylor.
Even though he's been pulled over and issued tickets three times, Kubr has no plans to license his car or get a driver's license. “I don't want to be harassed anymore, I want to be left alone and exert my right to travel and use my property as long as I don't infringe on the rights of others.”
Though found not guilty, Kubr hasn't got off without paying for not having a license or registration. Both times he's been stopped in La Vista, police towed the car and he paid the bill.
“You are stealing my car,” said Kubr on the cruiser cam video.
“I'm not stealing your car, sir,” said the officer.
“Yes, you are.”
Though found not guilty in his first trial, there's no double jeopardy for driving without plates or a license again. “He keeps violating the law, we're going to keep stopping and keep ticketing like we'd do with anyone else,” said Chief Lausten.
Because of his interpretation of constitutional rights, Kubr’s travels will likely take him through county court again and again. His scheduled court date for the latest ticket is January 12th and he vows to again challenge Nebraska laws requiring a license and auto registration. He does carry proof of insurance and a video camera on his dash for when he's pulled over.
Judge Wester, who found him not guilty the first time around, did not return a call for an explanation.
“Motorist does not have a license plate on his vehicle,” said La Vista Police Chief Bob Lausten. The driver of a car didn’t have plates or a license and he refuses to get either one.
“This is an unlawful stop, I believe,” said Ernest Kubr on the cruiser cam video.
“You don't have license plates on your vehicle, sir,” said the officer.
“Am I required to?” asked Kubr. “It’s my property.”
Kubr surrendered his license last year and didn't plate the car he purchased in September. “I pay all of the lawful taxes I'm obliged to pay, but a right cannot be licensed, taxed or registered.”
Kubr has been ticketed three times in three months, twice by La Vista police. “My concern is obviously somebody who is not following the laws of Nebraska,” said Chief Lausten. “We're enforcing the law, we're doing what we're supposed to do and we expect the motorists to do the same.”
Evidence in Sarpy County Court showed Kubr doesn't have car registration or a driver’s license, but Judge Robert Wester found him not guilty of both charges.
The prosecutor said it has to do with state records on Kubr's address, listed as “in care of," though he has a home in Papillion. “I believe we had enough evidence to show he's a resident of Nebraska, but the judge disagreed, so based on that is what really made the difference,” said Assistant Sarpy County Attorney Casey Taylor.
Even though he's been pulled over and issued tickets three times, Kubr has no plans to license his car or get a driver's license. “I don't want to be harassed anymore, I want to be left alone and exert my right to travel and use my property as long as I don't infringe on the rights of others.”
Though found not guilty, Kubr hasn't got off without paying for not having a license or registration. Both times he's been stopped in La Vista, police towed the car and he paid the bill.
“You are stealing my car,” said Kubr on the cruiser cam video.
“I'm not stealing your car, sir,” said the officer.
“Yes, you are.”
Though found not guilty in his first trial, there's no double jeopardy for driving without plates or a license again. “He keeps violating the law, we're going to keep stopping and keep ticketing like we'd do with anyone else,” said Chief Lausten.
Because of his interpretation of constitutional rights, Kubr’s travels will likely take him through county court again and again. His scheduled court date for the latest ticket is January 12th and he vows to again challenge Nebraska laws requiring a license and auto registration. He does carry proof of insurance and a video camera on his dash for when he's pulled over.
Judge Wester, who found him not guilty the first time around, did not return a call for an explanation.
Source: https://www.wowt.com/home/headlines/112164734.html
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