Judge M. Kristin Spath of Concord District Court
Marple was arrested as he was campaigning for re-election at the polls in Hooksett, on a “failure to appear” charge relating to a charge for driving while his license is suspended. Marple believes he is not subject to the motor vehicle regulations, as they only apply to automobiles used for commercial purposes. He has citations to back his case (click for PDF of his legal brief filed with the court), but so does the state’s prosecutor.
It’s one of the most interesting cases in recent memory because for a long time we’ve heard all manner of similar claims to what Marple is saying, but virtually none of the courtroom theorists like him have any evidence they’ve actually tried their theories. (Longtime readers of Free Keene may recall I was arrested in Keene district court for “contempt” a decade ago for trying some unusual legal theories out.) At his last appearance, in front of a full courtroom of average court victims, Marple got away with things for which most people would be arrested for “contempt”. Friday, he once again refused to cross the bar, and raised his voice with judge M. Kristin Spath multiple times. However, this time the court scheduled the hearing for 3pm on a Friday when no one else would be around to see it. Thankfully, liberty activists had been given a heads-up the night before, so a small crew headed up from Keene to witness and record the hearing:
State Rep Dick Marple campaigns at the polls.
When the theorists who tried out the theories (usually alone in court and without any recording) consult their legal theory gurus, the gurus inevitably say that the person must have made a mistake and didn’t utter the right magic words at the right time. If by some miracle their case is dismissed, until someone else can duplicate the results, there’s no way to know if the case wasn’t just dropped because the hassle wasn’t worth the prosecutor’s or court’s time, rather than the drop being the result of the uttering of some magic words.
Marple’s special because he’s actually applying the theories in court and has communicated to us that he wants coverage, so we’re getting some really unique footage of these ideas actually being tried. His trial’s slated for January 23rd at 1:30pm at Concord district court, unless the judge agrees with his argument and drops the case. Stay tuned here to Free Keene for the latest.
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See ” http://www.gencourt.state.nh.us/house/members/memberbillssponsored.aspx?member=376245″ for Dick Marple [ http://www.gencourt.state.nh.us/house/members/member.aspx?member=376245 ] gets to HB331 + 375 for: ” relative to the standard of review for government requirements on commercial enterprises. ” and “:relative to the penalties for failure to deliver goods under the Uniform Commercial Code. ” respectfully. The first one is set for a Public Hearing on Tuesday morning: ” Commerce and Consumer Affairs on 1/19/2017 2:45 PM at LOB Room 302″ / / / / / My notes to what the Prosecutor woman said here is: (1a) 94NH501 (1947) and (1b) 28NH220 (1916) State power to regulate an automobile and motor vehicle respectfully,… Read more »
he’d exhaust me … i like the guy and would be a supporter but hes exhausting imo…love the guy though
boy he coulda got a worse judge thats for sure….lol… jeees ….if there were ten of this guy and younger…though him being old sure aint holdin him back but with ten younger ones you could take over
great job videoing ; this man deserves it…. super job videoing ….i mean really….this guy is a champion :-)…
i feel bad for him though…because all this banging his head is …im sure it will probably get him nowhere… i ssure hope he wins though;im deffinatly rooting for him…he may drop dead in the courtroom …its … 🙁
just because i said Ian good videoing dont mean he aint still a fucking scumbag he is still a fucking lying scumbag
JosephSHaas I’d love to see him win. He did a great job, a? I’m not sure he’s going to win sadly, but he definitely is giving it a good go. I think Ian is right- the courts don’t obey their own laws so I’m doubtful this will go anywhere.
He is a courtroom jester. He knew he had to appear in court and he blew it off. The warrant was valid and his continued antics mean nothing.
He’s stretching his 15 minutes of fame.
The criminal organization, the “State of New Hampshire” imagines it can aggregate a sum of zero individual rights to coerce and come out with a positive sum granting itself the right to coerce, ie creating something from nothing, which is a logical fail. Therefore, the State is a lie.
Not to mention, “Against the peace and dignity of the State” is a phrase laden with oxymoronic overtones.
Oh yeah silly judge with the bad hairdo??!!! Well, well, Lysander Spooner!! I win.
Jumping Jacks Well for once, you are correct blind squirrel. Sovereign citizenship is ridiculous because it attempts to combine two opposing concepts into one. Sort of like when the “State of New Hampshire” sells weed, thus breaking “federal law” and then arrests people for weed using the federal drug schedule as their rationale because they never made or published their own. (Now THAT is funny) Can you identify the person that Dick Marple harmed or injured and how much he should restitute them? I don’t believe he harmed anybody, but I do see some criminals trying to steal money from him. … Read more »
One thing I would like to ask Mr. Marple is: What gives the the corporate government jurisdiction over motor vehicles? What does it matter whether I am “operating a motor vehicle” for profit or whether I am just “traveling in my automobile” if I have not consented to be governed by these laws? Is the distinction based upon the acceptance of “corporate status”, i.e. in the form of incorporation or as an llc, since those are creations of the state?
Jurisdiction because the car manufacturers initially sell their new motor vehicles with a title. The title is a contract between the government n the manufacturer for the purpose of it being used as an instrument of Commerce purposes. But automobile, privately bought or built vehicles are not subjected to the terms of that contract (title). Therefore, it’s not a requirement to register your automobile because it’s not bounded by the contract anymore. So traveling with that personal automobile does not require a driver license because a drivers license is a contract with the government to allow individuals the privilege to… Read more »
If you are in the state then the state laws apply to you. You don’t have to agree or sign anything. You give consent to their applicability when you cross the line into that state. That is how you give them jurisdiction over you. If you don’t like their laws….leave. They won’t miss you. Gotta ask. Are all of you following this theory retarded or just too much bud?
reads like a good question to me.
The reason he will not win (and the reason all these “right to travel” people don’t win) is because the US Supreme Court has already ruled directly on this in Hendrick v. Maryland 235 U.S. 610 (1915) that: “In the absence of national legislation covering the subject, a state may rightfully prescribe uniform regulations necessary for public safety and order in respect to the operation upon its highways of all motor vehicles — those moving in interstate commerce as well as others. And, to this end, it may require the registration of such vehicles and the licensing of their drivers”… Read more »
The words “operateoperator” and “motor Vehicle” are legally defined as being objects in commerce. The phrase “as well as others” refers to other forms of commercial activities besides just “interstate commerce”. It is about commerce!
That’s usually what people say when the have no knowledge of the law!
“His trial’s slated for January 23rd at 1:30pm at Concord district court,
unless the judge agrees with his argument and drops the case.”
Whatever happened??
Mewrightnow No, they are not. The definition of “motor vehicle” often cited comes from Title 18 of the United States Code, and refers specifically and exclusively to its use within Chapter 2 of Title 18. The definition of “motor vehicle” comes from the definitions section of Chapter 2 of Title 18, which explicitly limits the definition of terms to that chapter. There are other, differing definitions of “motor vehicle” found elsewhere in the United States Code, and those definitions apply specifically and exclusively to the chapters and titles in which they are found. “Motor vehicle” may also be defined under… Read more »
They do that with most statutes and codes… usually along with “for the purposes of this section… the term —— means —–” The states can not override federal rulings and a quick look up reveals multitudes of federal suits where is stated that commercial use is the subject of the law. One such is the following.
-International Motor Transit Co. vs. Seattle, 251 P. 120 The term ‘motor vehicle’ is different and broader than the word ‘automobile.’”
Try this one…
Holland v. Shackelford, 137 S.E. 2d 298, 304, 220 Ga. 104; Stavola v. Palmer, 73 A.2d 831, 838, 136 Conn. 670 “There can be no question of the right of automobile owners to occupy and use the public streets of cities, or highways in the rural districts.” Liebrecht v. Crandall, 126 N.W. 69, 110 Minn. 454, 456 “The word ‘automobile’ connotes a pleasure vehicle designed for the transportation of persons on highways.”
Mewrightnow The case you cited does not distinguish between “motor vehicles” and “automobiles,” try again. It only distinguishes between “‘for hire’ vehicles” and “automobile stages.” Additionally, a “for hire” vehicle under the relevant statute was defined as “all motor vehicles other than automobile stages” (in other words, a subset of all “motor vehicles,” with the exception of “automobile stages”). The case doesn’t say what you think it says. Additionally, it is a 1926 decision of the Washington (State) Supreme Court, not any US Federal Court (though it does cite certain decisions of the US Supreme Court). Likewise, Holland v. Shackelford is… Read more »
Cute twist. Never mind. You’re obviously here to misinform since you have all the twisted version on every post right at your fingertips.
Mewrightnow What on earth are you talking about? Have you ever bothered to read the actual cases, or are you simply citing references that other people have made before without doing any fact checking for yourself? Fortunately, I have access to this wonderful program called Lexis Nexis, it allows anyone (who pays for the service) to have near instant access to virtually all reported court cases. It gives the reader the wonderful opportunity to actually read what the Courts said in their own words rather than what other people said the Courts said in the decision. The only twisted versions… Read more »
terminalbrd Mewrightnow Dick did just inform me by e-mail to see: ” 18 USC 31: Definitions Text contains those laws in effect on February 23, 2017From Title 18-CRIMES AND CRIMINAL PROCEDUREPART I-CRIMESCHAPTER 2-AIRCRAFT AND MOTOR VEHICLESJump To: http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section31&num=0&edition=prelim#sourcecredithttp://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section31&num=0&edition=prelim#amendment-notehttp://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section31&num=0&edition=prelim#effectivedate-amendment-notehttp://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section31&num=0&edition=prelim#shorttitle-amendment-note§31. Definitions(a) Definitions.-In this chapter, the following definitions apply:. . . (6) Motor vehicle.-The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power andused for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo.” So what you’ve written is that what? Until We, the People, do give our “consent” to this as… Read more »
What was the outcome in this case?
What about I D of operator registration etc for insurance purposes. I hope you have insurance when you cause a tragedy. If you don’t I hope they put you under the jail. So if you are required to have a DL, reg. Etc then good for all who share the byway vs irresponsible bags of hammers.
Here is also another way to look at it. Privilege. A particular benefit, advantage, or Immunity enjoyed by a person or class of people that is not shared with others. A power of exemption against or beyond the law. Read says within it self a privilege is something given….. #1 What are you given? The state gives you nothing .. We pay Property tax. State income tax federal income tax. Sales tax. Gas Tax. Death tax and many more. Also when the state wants you to get there fake liceance you also pay for that you pay for your own… Read more »
RSMo 302.015. License classification system, director to establish — categories. — Notwithstanding the provisions of the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570), the director shall have the authority to establish a license classification system, and shall not be limited to classification of the following: ? (1) Any person, other than one subject to sections 302.700 to 302.780, who operates a motor vehicle in the transportation of persons or property, and who receives compensation for such services in wages, salary, commission or fare; or who as an owner or employee operates a motor vehicle… Read more »
Can anyone tell me were this case is as of the last was January of this year is there a disposition to this case
@freekeene what’s the update with this case , has it been successfully felt with?
his arguments should be due process and we heard that he requested a jury trial in previous sessions. Then case law should apply. More importantly it is improper for a judge to stop proceedings with party(s) unaware of or during a compelling argument involving procedure of the court. The focus should be on process and defective measure of hearing.
This is for all the sheeple just cuz your ass was duped don’t mean we have to be joe brooks do you even know what you were fighting for while in the army? You were fighting for bankers for the oppression of man. you took orders like a slave and never asked why. you and ppl like you are the fucking problem we are all free fucking sovereign under god who gave us this planet not you or the fucking state or the fucking government your a trained shill and should have been left for dead. who the fuck are… Read more »
They won’t allow constatutenal law because then you will actually have rights. It’s only ucc code so they can controle you in every aspect of life if they choose. It’s not the land of the free but the elusion of justice and of freedoms. Actual freedoms you only get with the Constitution unfortunately our betters much like in the early 1700s are steeling out rights away by creating citations so they have the opportunity to creat laws inorder to strip or greatly reduce your actual God given rights. I’m impressed with this man’s efforts to defind him self. I my… Read more »
The only thing I wish he would have done, especially after the prosecutor made her statement was to state Supreme Court case Marbury versus Madison, which states any law that is in conflict with the constitution is Null and void. Therefore, any federal or state law cannot violate the constitution even if it was voted into law by the legislature