California woman fighting the traffic code

Written by Michael Badnarik

Many of you probably know that I “don’t enjoy the luxury of a drivers license”. What you may not realize is that I am merely one of thousands of people who refuse to ask for permission to exercise our right to travel. I recently spoke to a woman from San Luis Obispo (where I used to live) who has continued to fight this issue in the California courts. The state confiscated her car for over a year, and then offered to return her property is she would sign away her right to sue the state. Instead, she has found an attorney from Colorado who is willing to handle her case pro-bono if she can find a California attorney willing to “sponsor” the guy from Colorado. I don’t understand all those details, but here is the letter I invited her to write about her situation.


Thank you very much for being supportive of my case. As you’ve said we all have to draw our line in the sand sometime.

On January 6, 2009 I was traveling through San Luis Obispo in my private automobile which did not have the fees for my state protection service paid on it. Apparently and unknown to me, in California if you do not pay your registration for an excess of six months they can tow your automobile according to their statutes. In my glove compartment I carry a document known as “Warning Actual Notice” which clearly outlines the Supreme Court decisions I rely on protecting me against such government intrusion upon my freedom. I gave this document along with a copy of the Constitution that is printed by the Fully Informed Jury Association to the police officer who stopped me. He called a supervisor and they decided to tow my automobile. I actually read them the 4th and 5th Amendments to the Constitution right out the window of my car and demanded a jury trial before they took my property. They just ignored them.

Immediately upon arriving home I wrote a letter to the City Attorney and explained in detail what took place and demanded my property returned to me or I might bring suit against the City. The City Attorney invited me to sue them. I wrote a letter addressed to every person who had the authority to return my automobile to me, and they all were ignored. So I filed a lawsuit against the City, the Supervising Officer, the Tow Company, and the owner of the Tow Company.

It has been an ugly war that has raged on now for over 15 months and I have done a decent job of defending myself. They really have tried to paperwork me to death and it has been hard to keep up with. Demurrers were heard in December and the City’s demurrer was denied. The Tow Company was released, and I have filed an appeal of that decision. During the case we have come to find out that the statute they tow your automobile under has no judicial oversight whatsoever. You are not cited for the offense and you never have the opportunity to have the tow reviewed by a judge. That is an unconstitutional “Bill of Attainder”. Thousand of people lose their cars every year because of this statute. We need to get it overturned.

Luckily for me I was able to find an attorney who is a Patriot and when he heard about my case he immediately wanted to help. Gary Fielder, from Denver, Colorado, is the attorney who refused to go through the body scanner at the Courthouse in Denver and they got it all on video. At this point we need another attorney who is registered with the California Bar Association to sponsor him into the state so he can represent me at the trial. If any of your readers can help us, or know of anyone who would, I would be very grateful for the help. Finding an attorney to help is turning out to be quite a challenge.

Well, Michael, thank you again for your encouragement. Please take care of yourself and if you ever doubt that you are making a difference, don’t. I am proof positive that you are changing people’s hearts!

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