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CS related licene suspension question...



 
 
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  #11  
Old May 14th 04, 02:08 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...


"The Dave©" wrote in message
...
Dusty wrote:
I was wondering about this the other day...

What if.. a state that a person had a CS order/issue with (but you
didn't live there) could issue an order to another state (where you
live) to suspend your drivers license? And if so, how is that legal?

It seems to me to be an extreme step. To with-hold a person's
"right" to drive (i.e.; get to work, the grocery store, see one's
children, etc..) would be a gross violation of the a person's right
to work and a whole host of other things.

Think of it.. you wake up tomorrow morning and find that your license
to drive is no more. How do you get to work? This would not be a
big deal for someone living in a major city, public transportation is
practically on every other street corner. But say, you don't live in
a major (hell, even a minor) city and you commute several miles to
get to work. What do you do then?

The way I see it is kinda like this... You have your license
suspended because CSE says you're in arrears of X amount, you need to
drive 20 - 25 miles to get to work (maybe less, maybe more.. hell,
maybe a lot more) and back. What do you do?

Sure, you could ask a co-worker to drive an additional few miles to
pick you up and drop you off - every day. But we all know that's
gonna get old real fast.

What can a person do, legally speaking, to fight this sort of thing
(yeah, yeah, "get a lawyer")? You need to keep your job, so you can
pay your CS, but you can't drive to get there so you're about to
loose your job... forget taking cabs back and forth (because of the
cost). And forget busses. Do you say "what the f*ck" and drive
anyway? And what happens if you get caught driving without your
license? What then, other then watch your car get towed to the
impound lot, do you do?


The taking of Driver's Licenses sounds good in a sound-bite get-tough
kind of way, but it makes absolutely zero sense, as you point out. For
people who *won't* pay, I could care less what happens to them. For
those who *can't* pay, this does absolutely nothing to help them, or
the kids. (It is about the "best interests of the kids", right?) In
fact, all it does is make the situation worse for those they are
purportedly trying to help.

I've never been faced with this situation, but I have thought about
what I'd do if I were. I'd keep driving. Simple as that. The other
choices would pale in comparison. I'd buy cheap cars just in case they
got impounded, but I'd keep driving.


Here is the strategy I used. (I had grievances with CSE and they wouldn't
back off on enforcement while they rat-holed my complaints.)

1. You ask for a hearing on the DL suspension issues and merits of the
case.
2. You object to the administrative hearing continuing based on the DA, who
manages your case, not being present.
3. You get a hearing extension and force the DA to attend.
4. After your DL is suspended you keep on driving.
5. You ignore the instructions to turn in your DL to the DMV and continue
using it for ID.
6. You drive very carefully.
7. You wait to be called to court to face jail time for non-payment.
8. You go to the indictment hearing and request a full hearing.
9. You go to the full hearing and tell the judge you are willing to set-up
a payment plan.
10. You get the judge to order the DA to prepare an order to reinstate your
DL.
11. You take the order to the DMV and get your DL reactivated.
12. You smile knowing they didn't lay a glove on you.


  #12  
Old May 14th 04, 02:08 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...


"The Dave©" wrote in message
...
Dusty wrote:
I was wondering about this the other day...

What if.. a state that a person had a CS order/issue with (but you
didn't live there) could issue an order to another state (where you
live) to suspend your drivers license? And if so, how is that legal?

It seems to me to be an extreme step. To with-hold a person's
"right" to drive (i.e.; get to work, the grocery store, see one's
children, etc..) would be a gross violation of the a person's right
to work and a whole host of other things.

Think of it.. you wake up tomorrow morning and find that your license
to drive is no more. How do you get to work? This would not be a
big deal for someone living in a major city, public transportation is
practically on every other street corner. But say, you don't live in
a major (hell, even a minor) city and you commute several miles to
get to work. What do you do then?

The way I see it is kinda like this... You have your license
suspended because CSE says you're in arrears of X amount, you need to
drive 20 - 25 miles to get to work (maybe less, maybe more.. hell,
maybe a lot more) and back. What do you do?

Sure, you could ask a co-worker to drive an additional few miles to
pick you up and drop you off - every day. But we all know that's
gonna get old real fast.

What can a person do, legally speaking, to fight this sort of thing
(yeah, yeah, "get a lawyer")? You need to keep your job, so you can
pay your CS, but you can't drive to get there so you're about to
loose your job... forget taking cabs back and forth (because of the
cost). And forget busses. Do you say "what the f*ck" and drive
anyway? And what happens if you get caught driving without your
license? What then, other then watch your car get towed to the
impound lot, do you do?


The taking of Driver's Licenses sounds good in a sound-bite get-tough
kind of way, but it makes absolutely zero sense, as you point out. For
people who *won't* pay, I could care less what happens to them. For
those who *can't* pay, this does absolutely nothing to help them, or
the kids. (It is about the "best interests of the kids", right?) In
fact, all it does is make the situation worse for those they are
purportedly trying to help.

I've never been faced with this situation, but I have thought about
what I'd do if I were. I'd keep driving. Simple as that. The other
choices would pale in comparison. I'd buy cheap cars just in case they
got impounded, but I'd keep driving.


Here is the strategy I used. (I had grievances with CSE and they wouldn't
back off on enforcement while they rat-holed my complaints.)

1. You ask for a hearing on the DL suspension issues and merits of the
case.
2. You object to the administrative hearing continuing based on the DA, who
manages your case, not being present.
3. You get a hearing extension and force the DA to attend.
4. After your DL is suspended you keep on driving.
5. You ignore the instructions to turn in your DL to the DMV and continue
using it for ID.
6. You drive very carefully.
7. You wait to be called to court to face jail time for non-payment.
8. You go to the indictment hearing and request a full hearing.
9. You go to the full hearing and tell the judge you are willing to set-up
a payment plan.
10. You get the judge to order the DA to prepare an order to reinstate your
DL.
11. You take the order to the DMV and get your DL reactivated.
12. You smile knowing they didn't lay a glove on you.


  #13  
Old May 14th 04, 02:08 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...


"The Dave©" wrote in message
...
Dusty wrote:
I was wondering about this the other day...

What if.. a state that a person had a CS order/issue with (but you
didn't live there) could issue an order to another state (where you
live) to suspend your drivers license? And if so, how is that legal?

It seems to me to be an extreme step. To with-hold a person's
"right" to drive (i.e.; get to work, the grocery store, see one's
children, etc..) would be a gross violation of the a person's right
to work and a whole host of other things.

Think of it.. you wake up tomorrow morning and find that your license
to drive is no more. How do you get to work? This would not be a
big deal for someone living in a major city, public transportation is
practically on every other street corner. But say, you don't live in
a major (hell, even a minor) city and you commute several miles to
get to work. What do you do then?

The way I see it is kinda like this... You have your license
suspended because CSE says you're in arrears of X amount, you need to
drive 20 - 25 miles to get to work (maybe less, maybe more.. hell,
maybe a lot more) and back. What do you do?

Sure, you could ask a co-worker to drive an additional few miles to
pick you up and drop you off - every day. But we all know that's
gonna get old real fast.

What can a person do, legally speaking, to fight this sort of thing
(yeah, yeah, "get a lawyer")? You need to keep your job, so you can
pay your CS, but you can't drive to get there so you're about to
loose your job... forget taking cabs back and forth (because of the
cost). And forget busses. Do you say "what the f*ck" and drive
anyway? And what happens if you get caught driving without your
license? What then, other then watch your car get towed to the
impound lot, do you do?


The taking of Driver's Licenses sounds good in a sound-bite get-tough
kind of way, but it makes absolutely zero sense, as you point out. For
people who *won't* pay, I could care less what happens to them. For
those who *can't* pay, this does absolutely nothing to help them, or
the kids. (It is about the "best interests of the kids", right?) In
fact, all it does is make the situation worse for those they are
purportedly trying to help.

I've never been faced with this situation, but I have thought about
what I'd do if I were. I'd keep driving. Simple as that. The other
choices would pale in comparison. I'd buy cheap cars just in case they
got impounded, but I'd keep driving.


Here is the strategy I used. (I had grievances with CSE and they wouldn't
back off on enforcement while they rat-holed my complaints.)

1. You ask for a hearing on the DL suspension issues and merits of the
case.
2. You object to the administrative hearing continuing based on the DA, who
manages your case, not being present.
3. You get a hearing extension and force the DA to attend.
4. After your DL is suspended you keep on driving.
5. You ignore the instructions to turn in your DL to the DMV and continue
using it for ID.
6. You drive very carefully.
7. You wait to be called to court to face jail time for non-payment.
8. You go to the indictment hearing and request a full hearing.
9. You go to the full hearing and tell the judge you are willing to set-up
a payment plan.
10. You get the judge to order the DA to prepare an order to reinstate your
DL.
11. You take the order to the DMV and get your DL reactivated.
12. You smile knowing they didn't lay a glove on you.


  #14  
Old May 14th 04, 02:15 AM
Editor - Child Support News
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...


"Dusty" wrote in message
...

But I put this to you.. What sort of legal action could one bring to bear
to fight such draconian practices? Could there be (or has there been)

some
sort of Constitutional argument against such non-sense? Has it worked?


Unfortunately, you don't have the right to drive...it's a privilege afforded
to you by the State.

I'm thinking that one has the right to travel.. the right to life,

liberty
and the pursuit of happiness.. could this be an argument used in court? I
wonder...


One's right to travel can be limited by the State...think "being out on
bond" when a magistrate can command you not to leave the state.

One's right to travel in the U.S. has been secured by the Courts, but not
one's right to travel OUTSIDE of the US borders.

Read my next posting...just hit the AP.


  #15  
Old May 14th 04, 02:15 AM
Editor - Child Support News
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...


"Dusty" wrote in message
...

But I put this to you.. What sort of legal action could one bring to bear
to fight such draconian practices? Could there be (or has there been)

some
sort of Constitutional argument against such non-sense? Has it worked?


Unfortunately, you don't have the right to drive...it's a privilege afforded
to you by the State.

I'm thinking that one has the right to travel.. the right to life,

liberty
and the pursuit of happiness.. could this be an argument used in court? I
wonder...


One's right to travel can be limited by the State...think "being out on
bond" when a magistrate can command you not to leave the state.

One's right to travel in the U.S. has been secured by the Courts, but not
one's right to travel OUTSIDE of the US borders.

Read my next posting...just hit the AP.


  #16  
Old May 14th 04, 02:15 AM
Editor - Child Support News
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...


"Dusty" wrote in message
...

But I put this to you.. What sort of legal action could one bring to bear
to fight such draconian practices? Could there be (or has there been)

some
sort of Constitutional argument against such non-sense? Has it worked?


Unfortunately, you don't have the right to drive...it's a privilege afforded
to you by the State.

I'm thinking that one has the right to travel.. the right to life,

liberty
and the pursuit of happiness.. could this be an argument used in court? I
wonder...


One's right to travel can be limited by the State...think "being out on
bond" when a magistrate can command you not to leave the state.

One's right to travel in the U.S. has been secured by the Courts, but not
one's right to travel OUTSIDE of the US borders.

Read my next posting...just hit the AP.


  #17  
Old May 14th 04, 02:15 AM
Editor - Child Support News
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...


"Dusty" wrote in message
...

But I put this to you.. What sort of legal action could one bring to bear
to fight such draconian practices? Could there be (or has there been)

some
sort of Constitutional argument against such non-sense? Has it worked?


Unfortunately, you don't have the right to drive...it's a privilege afforded
to you by the State.

I'm thinking that one has the right to travel.. the right to life,

liberty
and the pursuit of happiness.. could this be an argument used in court? I
wonder...


One's right to travel can be limited by the State...think "being out on
bond" when a magistrate can command you not to leave the state.

One's right to travel in the U.S. has been secured by the Courts, but not
one's right to travel OUTSIDE of the US borders.

Read my next posting...just hit the AP.


  #18  
Old May 14th 04, 02:21 AM
Editor - Child Support News
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...

In Virginia, the thieves want you to pay 5% of your outstanding arrearage...

If you can't you can go to your local JDR Court and request a restricted
license...when I did that, the judge let me drive 24/7/365 after telling me
that if I stoof before him in a contempt hearing, I'd be placed UNDER his
jail...fortunately my case is in another jurisdiction -- albeit with the
judges just as corrupt.


"Bob Whiteside" wrote in message
link.net...

Here is the strategy I used. (I had grievances with CSE and they wouldn't
back off on enforcement while they rat-holed my complaints.)

1. You ask for a hearing on the DL suspension issues and merits of the
case.
2. You object to the administrative hearing continuing based on the DA,

who
manages your case, not being present.
3. You get a hearing extension and force the DA to attend.
4. After your DL is suspended you keep on driving.
5. You ignore the instructions to turn in your DL to the DMV and continue
using it for ID.
6. You drive very carefully.
7. You wait to be called to court to face jail time for non-payment.
8. You go to the indictment hearing and request a full hearing.
9. You go to the full hearing and tell the judge you are willing to

set-up
a payment plan.
10. You get the judge to order the DA to prepare an order to reinstate

your
DL.
11. You take the order to the DMV and get your DL reactivated.
12. You smile knowing they didn't lay a glove on you.




  #19  
Old May 14th 04, 02:21 AM
Editor - Child Support News
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...

In Virginia, the thieves want you to pay 5% of your outstanding arrearage...

If you can't you can go to your local JDR Court and request a restricted
license...when I did that, the judge let me drive 24/7/365 after telling me
that if I stoof before him in a contempt hearing, I'd be placed UNDER his
jail...fortunately my case is in another jurisdiction -- albeit with the
judges just as corrupt.


"Bob Whiteside" wrote in message
link.net...

Here is the strategy I used. (I had grievances with CSE and they wouldn't
back off on enforcement while they rat-holed my complaints.)

1. You ask for a hearing on the DL suspension issues and merits of the
case.
2. You object to the administrative hearing continuing based on the DA,

who
manages your case, not being present.
3. You get a hearing extension and force the DA to attend.
4. After your DL is suspended you keep on driving.
5. You ignore the instructions to turn in your DL to the DMV and continue
using it for ID.
6. You drive very carefully.
7. You wait to be called to court to face jail time for non-payment.
8. You go to the indictment hearing and request a full hearing.
9. You go to the full hearing and tell the judge you are willing to

set-up
a payment plan.
10. You get the judge to order the DA to prepare an order to reinstate

your
DL.
11. You take the order to the DMV and get your DL reactivated.
12. You smile knowing they didn't lay a glove on you.




  #20  
Old May 14th 04, 02:21 AM
Editor - Child Support News
external usenet poster
 
Posts: n/a
Default CS related licene suspension question...

In Virginia, the thieves want you to pay 5% of your outstanding arrearage...

If you can't you can go to your local JDR Court and request a restricted
license...when I did that, the judge let me drive 24/7/365 after telling me
that if I stoof before him in a contempt hearing, I'd be placed UNDER his
jail...fortunately my case is in another jurisdiction -- albeit with the
judges just as corrupt.


"Bob Whiteside" wrote in message
link.net...

Here is the strategy I used. (I had grievances with CSE and they wouldn't
back off on enforcement while they rat-holed my complaints.)

1. You ask for a hearing on the DL suspension issues and merits of the
case.
2. You object to the administrative hearing continuing based on the DA,

who
manages your case, not being present.
3. You get a hearing extension and force the DA to attend.
4. After your DL is suspended you keep on driving.
5. You ignore the instructions to turn in your DL to the DMV and continue
using it for ID.
6. You drive very carefully.
7. You wait to be called to court to face jail time for non-payment.
8. You go to the indictment hearing and request a full hearing.
9. You go to the full hearing and tell the judge you are willing to

set-up
a payment plan.
10. You get the judge to order the DA to prepare an order to reinstate

your
DL.
11. You take the order to the DMV and get your DL reactivated.
12. You smile knowing they didn't lay a glove on you.




 




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