RadioBanter - View Single Post - since when is using a cb against the law in the U.S.?Judge, in effect, rules it is.

December 22nd 05, 01:37 PM posted to rec.radio.cb

`From: (James*F.*Mayer)
"I AmnotGeorgeBush" wrote in message
... From:
(Leland C. Scott) From: (Leland C.
Scott) On Sun, 11 Dec 2005, LCS wrote:
I've heard of some chick beating a littering
ticket; chucked a cigarette butt out the window while driving. She
picked up the carbon paper
the Cop threw on the ground from his ticket
pad and brought it to court. When she showed it to the judge he
dismissed the ticket.
Regards,
Leland C. Scott
KC8LDO
_
You "heard" incorrect.

No.

So you heard correctly, but what you were told was an untruth. A judge
is REQUIRED to follow the law.

**No, he is NOT.

Yes, he is.

"The general rule is that an unconstitutional

statute, though having the

form and name of law, is in reality no law, but

is wholly void, and

ineffective for any purpose; since

unconstitutionality dates from the

time of it's enactment, and not merely from the
date of the decision so

branding it... No one is bound to obey an

uncontitutional law, and no

courts are bound to enforce it."

You're quite confused. Since when was the charge of littering ever found
to be unconstitutional?

16 Am Jur 2d, Sec 177 late 2d, Sec 256

(snip)

See above. You may be confusing yourself with jury nullification. In any
event, littering was never found to be unconstitutional.