Comments on: Secret Memo: DMV License Suspension Hearings Rigged

By: Ann

Ann — Tue, 15 Jan 2013 04:57:37 +0000

First, the law didn't exist until 1993. So, if they say you agreed to it when you signed for your license before then, it's bogus. We did this with Vehicle Inspection Stickers..same fraud. It's a violation of the federal supremacy clause and the statute of frauds…It's the attorney's job to throw your case. Mine told me straight up, the law was invalid and threw my hearing after he was dismissed twice. My tire blew and I slid into a ditch. No sobriety test…BUT, they must read Miranda before giving the sobriety test asnd it must be standardized.
All government employess including the DMV, judge, cop, attorney have to have bonds…Sue the bonding company and call the F.B. I. and report them for fraud. It's hot on their list.

By: pat

pat — Thu, 15 Nov 2012 20:07:23 +0000

At this point I wonder what the point of having a lawyer is. At a recent DMV phone hearing, my lawyers basically said that there was evidence missing concerning the validity of a blood kit. The hearing officer's response was based on the evidence we are going to assume the office was in compliance. in addition my lawyer did not argue any other explanations regarding my case for example, " My client did not pull off the side of the road because it was unsafe considering the 45 degree angle ditch that was there…" At this point wishing I represented myself.
How about the fact the the officer pulled me over for a bogus charge. "Weaving" I never crossed any lines. I was driving on mountain roads and might have gone from the left to right side of the lane 1- 2 times at best, once being as another driver was coming down the other side of a 2 lane highway. How can DMV be able to convict me when the law still has and may not? It is not logical or just.

By: Bob

Bob — Tue, 26 Jun 2012 16:12:51 +0000

Once you get the bill for law school,
you will certainly want to be paid.

By: prosepa

prosepa — Sun, 02 Nov 2008 20:00:22 +0000

The two most important things that I learned from my refusal to take a blood test in July of this year are:

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 itâ€™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 lawyerâ€™s to challenge laws we feel are unjust. I enjoy reading Attorney Taylorâ€™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 Iâ€™m lucky, help in changing the status quo.

By: RichardAlan

RichardAlan — Fri, 31 Oct 2008 07:02:25 +0000

it’s the “color of law” not the rule of law, it’s “Legal Fiction” based on statutes, by laws, and fantasy make believe fiction designed to separate us the “sovereign private citizen” by “Malfeasant public servants” (revenue collectors) from our money , our freedom and our rights…. they themselves should all be charged with breaking “their” fantasy color of laws and for fraud… one day it will happen, perhaps a class action lawsuit on behalf of the
American citizens who’ve been denied “Due Process” regarding this bogus DMV routine –that’s all I’ve got..

By: David W

David W — Fri, 31 Oct 2008 00:59:05 +0000

Just like my hearing. Fair and impartial. Cop doesn’t have a copy of the video, but will honestly tell the truth. The hearing officer says its ok, he will review it later.

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

If accused,,YOUR GUILTY!

By: koivisto

koivisto — Thu, 30 Oct 2008 22:44:56 +0000

More $ is the message here, along with an eye towards the next election. The judge should be terminated, but it won’t happen. What this country was founded is lost and I’m afraid it’s not coming back.

By: joe

joe — Wed, 29 Oct 2008 14:51:25 +0000

Part of the travesty is the lack of oversight. The cities/counties treat the citizens like atm machines, and it’s easy to gather fines from them when no one can challenge their authority. So, a citizen who may or may not be legal drunk has to pay outrageous fines and taxes to pay for the judge’s new robe, the court room electricity and so on.

By: standup

standup — Wed, 29 Oct 2008 14:13:20 +0000

The DMV hearings remind me of a Hogan’s Heroes episode. Gen. Burkhalter says to Klink, “You will be given a fair trial and afterwards you’ll be taken outside and shot”

By: Ben Smith

Ben Smith — Wed, 29 Oct 2008 01:59:40 +0000

This is unbelievable. Open the floodgates for the lawsuits…. Here’s some food for thought:

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. Â§Â§ 551-559; Â§Â§ 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. Â§ 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?