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You are here: MacNN Forums > Community > MacNN Lounge > Political/War Lounge > This is both brilliant and moronic...

This is both brilliant and moronic...
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Games Meister
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Jan 7, 2013, 03:03 PM
 
...and likely to end uneventfully.

California man says he can drive in carpool lane with corporation papers - U.S. News

When Jonathan Frieman of San Rafael, Calif., was pulled over for driving alone in the carpool lane, he argued to the officer that, actually, he did have a passenger.

He waved his corporation papers at the officer, he told NBCBayArea.com, saying that corporations are people under California law.
Frieman doesn't actually support this notion. For more than 10 years, Frieman says he had been trying to get pulled over to get ticketed and to take his argument to court -- to challenge a judge to determine that corporations and people are not the same.
But before he can make grand proclamations, the officer who ticketed him must show up to court. Otherwise, his ticket may be thrown out.
I have a feeling that officer is going to be gently advised not to show up.
     
Professional Poster
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Jan 7, 2013, 03:07 PM
 
Hahahahaha this made my day.
     
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Jan 7, 2013, 03:10 PM
 
LOL. If the officer doesn't show it will create a moral hazard (everyone will abuse the carpool lane using this loophole).
     
Games Meister
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Jan 7, 2013, 03:15 PM
 
Originally Posted by Uncle Skeleton View Post
LOL. If the officer doesn't show it will create a moral hazard (everyone will abuse the carpool lane using this loophole).
Isn't it, well not common, but not unheard of for officers not to show up when challenged? Unless you're arguing it's because the story is so prominent.
     
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Jan 7, 2013, 03:30 PM
 
Sure, it's common. But regardless a new loophole has been revealed, others will want to use it if it worked. If he gets ruled against, then the loophole is closed, otherwise, it stays open. Doesn't it?
     
Games Meister
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Jan 7, 2013, 03:31 PM
 
Originally Posted by Uncle Skeleton View Post
Sure, it's common. But regardless a new loophole has been revealed, others will want to use it if it worked.
But the officer not showing up isn't affirmative of the defense. And I think the number of people who will actively try to exploit this loophole is low. Hopefully they will, though, so I can get "closure" on the topic.
     
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Jan 7, 2013, 03:40 PM
 
Yeah maybe I'm being swayed by wishful thinking
     
OAW
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Jan 7, 2013, 06:34 PM
 
If he were to go to court I believe his argument would be eviscerated once the prosecution starts to discuss the difference between a "natural person" and a "legal person". And that's when he'll have that "It seemed like a good idea at the time!" moment.

OAW
     
Clinically Insane
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Jan 9, 2013, 04:08 PM
 
I hope I can find the article, but there was a University somewhere that tried a similar experiment. They had a corporation run for a local city office. The application was denied not because it was a business, but because it wasn't old enough.
"…I contend that we are both atheists. I just believe in one fewer god than
you do. When you understand why you dismiss all the other possible gods,
you will understand why I dismiss yours." - Stephen F. Roberts
     
Games Meister
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Jan 9, 2013, 04:12 PM
 
Judge Rejects Jonathan Frieman's Corporate Personhood Carpool Lane Argument; Appeal Vowed | Moral Low Ground
“What we’re talking about here is a pretty simple case,” Greene said, citing California Vehicle Code Section 470, which states that “‘Person’ includes a natural person, firm, copartnership, association, limited liability company or corporation.”

Greene, who is also a San Anselmo town councilman, asserted that the charge against Frieman should be dismissed, “since a corporation is a person and Mr. Frieman was traveling with a corporation.”

“The evidence is undisputed, the signs say carpool is 2 or more persons,” Greene pressed, arguing that the carpool law is “unconstitutionally vague.”

“A citizen should not be left to guess when he is in violation of a statute,” Greene argued.

Judge Drago disagreed, citing the “intent of the legislation,” which is “to relieve traffic congestion on highways” and to encourage people to carpool.

“The goal is to reduce the volume of traffic on the highway,” Drago said before finding Frieman guilty and imposing a $489 fine.
I'm cool with spirit vs. letter of the law.
     
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Jan 9, 2013, 04:19 PM
 
This is why I love America. Entertainment on all levels of the imagination.
"Faster, faster! 'Till the thrill of speed overcomes the fear of death." - HST
     
   
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