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Where a law, as applied,violates Constitutional rights, can this be addressed in cross-examination of the plaintiff's counsel?

Cedar Park, TX |

I was ticketed for no vehicle registration.At the time I was indigent and living very remote from food sources.I traveled to the grocery store and was ticketed.I claimed to have been exercising my Constitutional right to life, as food is necessary for the support of life.I filed all the proper motions and made the circumstances and legal precedents very the DA and Judge.I asked for leniency at their discretion.Denied.I will become a registered criminal.The State is represented by the ticketing officer,the DA, and the Judge.I was not endangering the public or breaking any laws regarding manner of the operation of my vehicle.May I cross-examine the DA and officer ,regarding discretion,duty,due process,character,intent,motive,and Constitutionality of the law "as applied" here-in?

Attorney Answers 3


Its a little unclear as to what the status of your case is, since you mention all of your motions have been denied, but if you still have a hearing coming up you certainly can cross examine the officer regarding the facts and circumstances of his having cited you. You won't be able to cross examine the DA who is prosecuting the case. He is not a witness to what occurred. Also, while you mention legal precedents in relation to your constitutional theory about "right to life, as food is necessary for the support of life", I really doubt you have any cases that support the idea that there is a constitutional "right to life" that in some fashion will get you off the hook for not having your vehicle registered. The language about the right to "life, liberty and the pursuit of happiness" is in the Declaration of Independence, not the Constitution. The Fifth Amendment and Fourteenth Amendment of the United States Constitution provide protections from governments depriving any person of "life, liberty, or property" without due process of law, but that's not what you are arguing either. I'm not surprised that you aren't getting anywhere with your arguments...

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Representing yourself is a bad idea. It appears like you have done some research to get prepared, however your understanding of constitutional rights and their impact on strict liability offenses, historically, is specious.

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I feel constrained to add to the comments of my colleagues, with which I am in total agreement, that there is NO Constitutional right to life.

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