City of Mt. Vernon v. Young, Unpublished Decision (6-28-2006)

2006 Ohio 3319
CourtOhio Court of Appeals
DecidedJune 28, 2006
DocketNo. 2005CA000045.
StatusUnpublished
Cited by8 cases

This text of 2006 Ohio 3319 (City of Mt. Vernon v. Young, Unpublished Decision (6-28-2006)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Mt. Vernon v. Young, Unpublished Decision (6-28-2006), 2006 Ohio 3319 (Ohio Ct. App. 2006).

Opinion

OPINION
STATEMENT OF THE FACTS AND THE CASE
{¶ 1} On May 29, 2005, Patrolman Brian Weiser of the Mount Vernon Police Department was on routine patrol in a marked cruiser, traveling North on Edgewood Road in Mount Vernon, Knox County, Ohio, following a truck being driven by appellant Michael Alan Young. Patrolman Weiser noticed that the expiration date sticker on Mr. Young's license plate was the wrong color. When Patrolman Weiser got close enough to Mr. Young's truck to read the date on the expiration sticker, he saw that the plates had expired. Believing there could be another explanation for the expired sticker, such as a newer sticker having fallen off, Patrolman Weiser radioed his dispatcher for a LEADS check on the plate. Patrolman Weiser was informed that the plates were in fact expired. Additionally, Patrolman Weiser was informed that the registered owner of the truck was Michael Alan Young, and that Mr. Young's Ohio driver's license had also expired. Patrolman Weiser stopped the driver of the truck and asked him if he was Michael Young, and the driver said that he was. Patrolman Weiser asked Mr. Young if he was aware his driver's license and plates had expired. Mr. Young indicated he did not believe he was required to have an Ohio driver's license or current license plates inasmuch as he was a Sovereign Citizen, and was exercising his constitutionally protected right of free travel. Patrolman Weiser cited Mr. Young with violating Sections 335.01 (Driver's License Or Commercial Driver's License Required) and 335.10 (Expired Plates) of the Codified Ordinances of the City of Mount Vernon, Ohio, and allowed Mr. Young to call a licensed driver to take Mr. Young and his truck home.

{¶ 2} On August 8, 2005, Patrolman Weiser was again on routine patrol in a marked cruiser, this time heading East on Coshocton Avenue in the City of Mount Vernon, Knox County, Ohio. Patrolman Weiser passed an automobile going in the opposite direction which appeared to have homemade license plates on it. Patrolman Weiser turned around, caught up with the automobile, and stopped the driver. The driver of the automobile was appellant. Mr. Young again stated that he was a Sovereign Citizen exercising his constitutionally protected right of free travel, and that he therefore was not required to have a valid Ohio driver's license or current license plates. The appellant provided certified copies of a document entitled Act of StateDeclaration of Status to Patrolman Weiser, which purported to proclaim his status as a Sovereign Citizen, and acted as identification. Patrolman Weiser cited Mr. Young with violating Sections 335.01 (Driver's License or Commercial Driver's License Required) and 335.11 (Use of Unauthorized Plates) of the Codified Ordinances of the City of Mount Vernon, Ohio, and confiscated theAct of State Declaration of Status and homemade plates as evidence. Patrolman Weiser having called for backup, another officer conducted an inventory of Mr. Young's automobile, and caused it to be impounded. Patrolman Weiser opted not to have Mr. Young jailed. Both cases were consolidated for trial.

{¶ 3} At the conclusion of the bench trial the court found appellant guilty as charged. Appellant has timely appealed raising the following assignments of error:

{¶ 4} "(A) COURT FAILED TO ACKNOWLEDGE AND TAKE JUDICIAL NOTICE OF APPELLANT'S EXPLICIT RESERVATION OF ALL RIGHTS, PRIVILEGES, IMMUNITIES, REMEDIES AND DEFENSES AS SET FORTH IN ALL HIS PRESENTMENTS TO THE COURT. RATHER, THE COURT TOOK JURIDICAL NOTICE ONLY OF HIS RIGHTS TO CONTEST THE JURISDICTION OF THE COURT.

{¶ 5} "(B) THE COURT FAILED TO ACKNOWLEDGE, TAKE JUDICIAL NOTICE OF, OR GIVE COGNIZANCE TO THE APPELLANT'S APPEARANCE INPROPRIA PERSONA.

{¶ 6} "(C) THE COURT FAILED TO ACKNOWLEDGE OR ALLOW APPELLANT TO ADDRESS ANY ISSUES REGARDING THE CONFISCATION OF PERSONAL PROPERTY BY OFFICERS OF THE MOUNT VERNON POLICE DEPARTMENT.

{¶ 7} "(D) THE COURT FAILED TO ACKNOWLEDGE OR TAKE JUDICIAL NOTICE OF THE APPELLANT'S RELIANCE ON THE STATE'S ACQUIESCENCE TO NUMEROUS INQUIRIES AND NOTICES REGARDING LICENSURE AND REGISTRATION.

{¶ 8} "(E) THE COURT FAILED TO ACKNOWLEDGE OR TAKE JUDICIAL NOTICE OF THE APPELLANT'S CERTIFIED DOCUMENTS REGARDING THE APPELLANT'S DECLARATION OF STATUS, WHICH WERE TAKEN FOR EVIDENCE BY OFFICER WEISER AND ADDRESSED BY THE PROSECUTION.

{¶ 9} "(F) THE COURT FAILED TO ACKNOWLEDGE OR TAKE JUDICIAL NOTICE OF THE APPELLANT'S POTENTIAL POLITICAL STATUS WHICH COULD AFFECT THE COURT'S JURISDICTION AND THE APPELLANT'S ALLEGED DUTY OR OBLIGATION TO THE STATUTES AND ORDINANCES RELATING TO THE ALLEGED CHARGES.

{¶ 10} "(G) THE COURT FAILED TO ACKNOWLEDGE OR TAKE JUDICIAL NOTICE OF THE TACIT AGREEMENT BY ACQUIESCENCE FROM THE NUMEROUS STATE OFFICIALS AND EMPLOYEES THE APPELLANT HAD PERSONALLY CONTACTED REGARDING QUESTIONS RELATING TO THE MATTERS OF THE ALLEGED CHARGES RESPONSES UPON WHICH THE APPELLANT COULD HAVE AND DID RELY, FOR DECISIONS AFFECTING THE ACTIONS TAKEN BY THE APPELLANT.

{¶ 11} "(H) THE COURT FAILED TO ACKNOWLEDGE OR TAKE JUDICIAL NOTICE OF THE APPELLANT'S FORMAL COMPLAINT TO THE SHERIFF IN REGARD TO MATTERS RELATING TO THE ALLEGED CHARGES.

{¶ 12} "(I) THE COURT FAILED TO ACKNOWLEDGED AND TAKE JUDICIAL NOTICE OF INFORMATION READ INTO EVIDENCE BY THE SHERIFF, EXHIBIT I, WHICH PROCLAIMS THAT THE OHIO REVISED CODE IS NOT THE OFFICIAL LAWS FOR OHIO.

{¶ 13} "(J) THE COURT FAILED TO ENFORCE THE APPELLANT'S SUBPOENA FOR THE APPEARANCE AND TESTIMONY FROM FRANKLIN CALTRIDER, REGISTRAR FOR THE OHIO BUREAU OF MOTOR VEHICLES.

{¶ 14} "(K) THE COURT FAILED TO ACKNOWLEDGE, TAKE JUDICIAL NOTICE OF, OR GIVE COGNIZANCE TO THE APPELLANT'S APPEARANCE INPROPRIA PERSONA.

{¶ 15} "(L) THE COURT MIXED TERMS HAVING SIGNIFICANT DIFFERENCES IN MEANING TO THE TERMS UPON WHICH THE APPELLANT RELIED IN HIS ACTIONS, E.G. `DRIVING' OR "OPERATING" AS OPPOSED TO "TRAVEL" OR "CONTROL", "MOTOR VEHICLE" AS OPPOSED TO "AUTOMOBILE", AND "DRIVER" AS OPPOSED TO "TRAVELER".

{¶ 16} "(M) THE COURT FALSELY ASSERTS THE APPELLANT BELIEVES THAT THE "ONLY" WAY THE GOVERNMENT CONTROLS PEOPLE IS BY CONTRACT.

{¶ 17} "(N) THE COURT FALSELY ASSERTS THE APPELLANT'S BELIEFS RELATING TO THE RESCINDING OF CONTRACTS.

{¶ 18} "(O) THE COURT FALSELY ASSERTS THE APPELLANT'S BELIEFS IN OBLIGATIONS TO PARTICULAR LAWS.

{¶ 19} "(P) THE COURT FALSELY ASSERTS THE APPELLANT TOOK SPECIFIC ACTIONS TO `BECOME' A SOVEREIGN CITIZEN, A STATUS SUPPORTED IN LAW THAT THE APPELLANT ALREADY POSSESSED.

{¶ 20} "(Q) THE COURT FALSELY ASSERTS THE APPELLANT'S BELIEFS THAT GOVERNMENT HAS NO LEGITIMATE REASON TO INTERFERE WITH THE EXERCISE OF RIGHTS.

{¶ 21} "(R) THE COURT FALSELY ASSERTS THAT THE CASES APPELLANT INTRODUCED AND RELIEF UPON ARE NOT ON POINT.

{¶ 22} "(S) THE COURT FALSELY ASSERTS THAT APPELLANT IS A CITIZEN OF THE UNITED STATES.

{¶ 23} "(T) THE COURT FALSELY ASSERTS THAT THE PEOPLE IN OHIO ARE SOVEREIGN, COLLECTIVELY, NOT INDIVIDUALLY.

{¶ 24}

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Saint Paris v. Galluzzo
2021 Ohio 2861 (Ohio Court of Appeals, 2021)
Shaker Hts. v. El-Bey
2017 Ohio 929 (Ohio Court of Appeals, 2017)
Dayton v. Galluzzo
2014 Ohio 4854 (Ohio Court of Appeals, 2014)
Village of St. Paris v. Galluzzo
2014 Ohio 3260 (Ohio Court of Appeals, 2014)
Parma v. Lawrence
2014 Ohio 2183 (Ohio Court of Appeals, 2014)
Kendrick v. East Ohio Gas Co.
2007 Ohio 7266 (City of Cleveland Municipal Court, 2007)
Tonti v. Tonti, 06ap-732 (5-31-2007)
2007 Ohio 2658 (Ohio Court of Appeals, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
2006 Ohio 3319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-mt-vernon-v-young-unpublished-decision-6-28-2006-ohioctapp-2006.