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NBCNews.com: California man says he can drive in carpool lane with corporation papers

Fergasun

By Fergasun
in The Tailgate

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AsburySkinsFan

AsburySkinsFan

Posted
Posted
LOL, lots of people have incorporated businesses without knowing what they actually are, in a legal sense. It takes 10 minutes, less than $100, and the state website to incorporate, so lets take a step back from claiming your expertise on the subject. As to the underlined part, I addressed that in my earlier post.

When the courts grant individual human rights to corporations then where is the distinction? Legal shelters don't get human rights, they can't be elected, or vote, they can't go to jail, in fact they serve to protect corporate board and organization members from liability.

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PleaseBlitz

PleaseBlitz

Posted
Posted
When the courts grant individual human rights to corporations then where is the distinction? Legal shelters don't get human rights, they can't be elected, or vote, they can't go to jail, in fact they serve to protect corporate board and organization members from liability.

The court said that associations of citizens can't be stopped from engaging in political speech, just as citizens can't. That's all it said and that isnt a huge step in the interpretation of the 1st Amendment. You can certainly disagree, and I do disagree with the outcome (but more because of the real-world results rather than the legal reasoning).

Regardless, none of this really applies to the case at hand. Whether or not you believe that a corporation is a person, WHATEVER you think a corporation IS legally, a stack of documents is not a corporation. A corporation is an entity, not a document.

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twa

twa

Posted
Posted
When the courts grant individual human rights to corporations then where is the distinction? Legal shelters don't get human rights, they can't be elected, or vote, they can't go to jail, in fact they serve to protect corporate board and organization members from liability.

The court simply affirmed individuals do not lose certain rights by incorporating

He would have had as much luck with the State Farm defense

Like a good neighbor,State Farm is there :pfft:

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Roger.Staubach

Roger.Staubach

Posted
Posted
If he drove in the carpool lane for ten years, he probably got to work early every day and made money on the whole deal.

Haha. So true.

---------- Post added January-8th-2013 at 04:26 PM ----------

I've always wondered if a woman could claim to be pregnant to be in the HOV lane, especially in those states where killing the pregnant lady can result in 2 murder charges.

Could a cop question her pregnancy? I can see the conversation now, "Well, my husband/boy friend and I had sex last week, and I feel pregnant..."

A cop could then say that the baby is not in a DOT approved car seat and give her a ticket for that. :)

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mcsluggo

mcsluggo

Posted
Posted
Exactly, by losing he got a judge to deny that the corporation that accompanied him was indeed not a person, now the issue is if the corporation is not a person in respect to one point of the law then how is can it be for another?

i don't think you have to deny that the corporation is a person.. just that the corporation is physically with you in the car. I can't just bring my daughter's birth certificate in the car with me... right?

---------- Post added January-9th-2013 at 04:01 PM ----------

What if his corporate papers identify the corporate home is the guys car.

The absurd part is not trying to get free access to the HOV lane. The absurd part is claiming a corporation is a person... That basic miss belief sets up all these absurdities.

it is the definition of incorporation, no?

the company becomes a seperate and legal entity for certain purposes. You gain some privledges (primarily liability) and there are some costs (the entity is taxed as an individual)

i am not sure why people have gotten their panties so wadded up about this subject lately.

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Major Harris

Major Harris

Posted
Posted
I've always wondered if a woman could claim to be pregnant to be in the HOV lane, especially in those states where killing the pregnant lady can result in 2 murder charges.

Could a cop question her pregnancy? I can see the conversation now, "Well, my husband/boy friend and I had sex last week, and I feel pregnant..."

On the original case, if he had a laptop with him, could he claim the corporation existed in the laptop because that is where the work of the corporation is done. For that matter, if his nonprofit involved him being in multiple locations, couldn't his car be where the corporation was in fact doing a necessary function. The car could even be an agent of the corporation.

i heard a story once, not sure if it's true, that a woman made that claim when pulled over in the HOV lane, and the officer asked her if she paid for 2 at the movies.

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Special K

Special K

Posted
Posted
If he was a lawyer he would know the difference between a corporation a stack of papers owned by a corporation. This is like riding in the carpool lane with your friend's resume and claiming it's your friend.

Obviously I was being a smart ass :)

That said, just because you know the difference between two things doesn't mean you can't argue either way convincingly...sorry, final lawyer dig. :D (Sorry Predicto!)

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IONTOP

IONTOP

Posted
Posted

Whoa... 10 years in the HOV lane, one ticket = $481? I'm pretty sure he should stop protesting the Corporation angle and start protesting the "HOV Enforcement is a joke" angle...

But it is Cali, so he might have arranged the corporate papers in paper mache` a la escape from Alcatraz style...

$481 for 10 years = $48/year = $4/month = $1/week = $0.20 per day

For less than the amount to sponsor a child in Africa, you too can alleviate some of the pain of driving to and from work in traffic.

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Predicto

Predicto

Posted
Posted
Obviously I was being a smart ass :)

That said, just because you know the difference between two things doesn't mean you can't argue either way convincingly...sorry, final lawyer dig. :D (Sorry Predicto!)

Not a problem.

I know you're just jealous. :D

---------- Post added January-11th-2013 at 06:36 PM ----------

It took this guy 10 years to try and get pulled over.....This guy sucks. I bet you I could get pulled over in 10 min

I suspect the ten years is an exaggeration. Heck, the big Supreme Court decision that started all this was only in 2010.

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