1.) If you wish to fight the system and the process in place, expect to do it alone.
2.) When put in a situation where it’s either figure out how to do it yourself or give up, you will figure out how to do it.

I appealed the initial DMV suspension for the refusal, filing my own paperwork and representing myself at the trial. The hearing was held at the County Court house where PENNDOT was represented by their attorney and the judge was a trial judge for Lancaster County. At the end of the trial I raised the issue of the Implied Consent law of PA violating my rights under the state constitution….after which the judge quickly ruled in PENNDOT’s favor. I tried making phone calls to local attorney’s regarding an appeal, and none of them wanted to touch the issue. So, I spent my lunch breaks at the courthouse law library and figured out how to file my own appeal. Just last week I filed my official Notice of Appeal with the Prothonotary’s office and served copies upon all the parties. Odds are that I will lose the appeal and my license suspension for be re-instated. At that time I will pay the filing fees and file an appeal to the State Supreme Court. I have not paid a single dime so far in attorney fees as I have been pro se in the entire matter. If the DMV wants to try and take my license on the basis of an unconstitutional statute then I am going to make them work for it by filing out paperwork. More importantly, I am going to help anyone I know file their own paperwork when in the same situation, without charging a single dime.

If everyone familiarized themselves with the legal process and took the time to do their own research then we would not all be dependant on lawyer’s to challenge laws we feel are unjust. I enjoy reading Attorney Taylor’s blog, and his writings have made me think a lot more in depth then I had before about DUI and Constitutional law. But, how many pro bono DUI cases do you take on each year? How many license suspension cases do you continue to appeal the decision of, constantly challenging the system for a cause greater then any one person?

I have pending applications to various law schools in the Southern California area. Once I earn that degree I am going to do everything in my power to make sure that I serve as a thorn in the side of the government. I have no aspirations to be wealthy, only to learn as much as I can so I can help others who would normally be brushed aside, and maybe if I’m lucky, help in changing the status quo.

Got to love how these “new rules”, not law or procedure, seem to find there way into the ultimate goal.

If accused,,YOUR GUILTY!

Nightlife Partners, Ltd. v. City of Beverly Hills (2003) 108 Cal.App.4th 81:

“The protections of procedural due process apply to administrative proceedings; the question is simply what process is due in a given circumstance. Due process, however, always requires a relatively level playing field, the so-called “constitutional floor” of a fair trial in a fair tribunal, in other words, a fair hearing before a neutral or unbiased decision-maker.

The federal Administrative Procedure Act, 5 U.S.C.A. §§ 551-559; §§ 701-706, provides that a hearing officer cannot be subject to the supervision or direction of an employee of the agency who is engaged in the performance of investigative or prosecuting tasks. 5 U.S.C.S. § 554(d)(2).

Just as in a judicial proceeding, due process in an administrative hearing also demands an appearance of fairness and the absence of even a probability of outside influence on the adjudication.”

Even a probability of an outside influence? Would your boss threatening your employment count?

Perfect, a Transportation employers dream. I drive and handle multi million dollar Mobile Television production equipment (I have not worked since 4-3-08)

Absent a court conviction and a month prior to my court trial the DMV during my hearing suspended my license based on the observation and report of a “malfeasant’ police officer.

Of course you’ve already heard my story.

But my life is ruined absent a conviction (?)

Why am I not able to provide more my family, No employer will hire me because I don’t have a Valid License” and this is for non driving jobs.

My DMV will report for the next 10 years that I refused a drug/Alcohol test and my license was suspended from this date to that date.

So how does my court case help me being that I had no conviction? When the DMV is saying the exact opposite of the courts findings?

In other words the DMV is reporting a dirty DMV report involving these imaginary make believe Drugs and Alcohol allegations that don’t really exist, it’s a bunch of “Legal Fiction”

So how do I survive, please help with any wisdom I may be missing.

Thank you

Richard
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