Posted by:
gratefuldead
at Mon Jul 19 19:27:34 2010 [ Email Message ] [ Show All Posts by gratefuldead ]
I'm a libertarian, a true to form Milton Friedman following Ayn Rand reading lover of freedom and dispiser of positive rights...BUT, we all unfortunately have to assimilate our feelings of principle with the state of reality. The principle says "yes, let's all rise up and fight for the beliefs that we've been taught to love such as freedom from coercion and freedom to pursue happiness, it's Constitutional!"...but reality is that no individual citizen has enough power or control to do anything meaningful with political or law without having money, it's simply factual to say that money makes political change and not simple principle.
Of course this doesn't apply to social movements before the technology revolution, but now days it takes exposure and organization to fight unjust laws- both of these take money to achieve.
The answer is to combine all of our resources for the fight. We need a good lawyer, not just any lawyer. A good lawyer will know what our avenues are; a good lawyer went to law school and so they'll know how we can raise support and combine efforts. This is what such a lawyer, trained in this specific area, does for a living!
Then someone gets a ticket. Even the LE down there seem to agree that the law is unjust and Aguilar himself seemed to disagree with the law- potentially a manipulation but at the point of his speech he had already search my vehicle and seemed intent to issue a statement to the herping community through me that he has to do his job and that it isn't personal.
So, if even some LE agents understand the irrationality of the law then it shouldn't be too difficult for a good lawyer to make a decent argument in front of a judge. If successful the judge will throw out the case and through precedent (= stare decicis) any future tickets will be thrown out and court and eventually they won't be given out anymore. This happens all the time actually, just look at all of the old laws that are still on the books in TX and yet never get enforced.
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RE: A few points... - gratefuldead, Mon Jul 19 19:27:34 2010