It's Unfair That My License is Suspended Due to Repeated DWLS Violations

My question involves civil rights in the State of: Texas
I go to municipal court for trial on Tuesday June 11th 2013 for my 9th Driving While License Invalid ticket. I have not had a license for the majority of my adult life, I am now 28 and it has been suspended since I was 19. It was initially suspended for multiple tickets for expired vehicle registration, state inspection and failure to provide proof of financial responsibility. Not for any infraction involving driving under the influence or where any person was injured or property damaged. I have payed all of my fines and surcharges completely several times as well as purchased 6 months of SR-22 insurance in advance to have a lock removed from the tire of my car. I have petitioned the court for a hardship license and was granted said hardship but received tickets for deli despite providing my documentation to officers that stopped me. I have lost several vehicles, jobs and relationships as a result of my license suspension. I am unable to provide my 7 year old daughter with a ride to and from school. I am unable to secure gainful employment, I am frequently subject to eviction as a result. My life is irreparably stunted and I am not able to be a productive member of society. I have given up the prospect of ever getting my drivers license back and suffer severe depression as a result. My pursuit to life liberty and happiness is being deprived. It is my understanding that the court that presides over this offense is a civil court. In civil court, doesn't an injured party have to exist to constitute a crime? I was arrested at school during finals week while leaving the school parking lot. This shamed me a great deal. I was arrested for non-payment on a previous dwli i had received less than 2 months prior. I was acting as a designated driver for 2 drunk friends when I got that one. When I was arrested for the non-payment warrant I was issued another dwli. I borrowed the money to pay the ticket from family and gave them my vehicle in return. The only reason they agreed to this was so i could take the rest of my finals. I was given a personal recognizance bond for the dwli I am taking to court. in EARP v. BOYLAN Georgia case law supports that my rights are violated. It is my understanding that I am free to use roads and highways for travel for personal or leisure purposes uninhibited. I am traveling in my property. My property in this case being my truck. Doesn't property law prevent the limitation of use of ones property? A truck is useless to me unless I am able to operate it for travel. I believe that my natural and civil rights are being violated. I have been fined, arrested and condemned for hurting no one. My child suffers as a result as do my family and loved ones. My only options for travel are by bicycle and foot. Public transportation is not adequate in San Angelo TX and it often takes almost 2hrs to arrive at a destination despite the relatively small geographic area of the town. The busses run once an hour with no bisecting routes which makes transfer improbable if not impossible. The nearest bus stop to my home is over a mile away and If I am able to board, I must ride the remainder of the route back to the station to transfer, approx 45 minutes and then an additional ride to my destination. The bus operates from 6:30am-6:30pm. It operates less hours on saturday and not at all on sunday. I am unable to afford a taxi. I am at my wits end. I am really considering leaving the country so i'll be able to be a normal person and transport myself. I am being chased from my home which I love dearly. It is tyrannical, please let me know what I can do to end this.

First, a GA case is worth less than .02 in a TX court.

Second, Earp doesn't say what you think it says. He prevailed on a deficiency in his trial, not the law itself.

My mistake, I appreciate your response. I am at quite a disadvantage not being familiar with the judicial process or legal terminology. I did not know that case law was not applicable to every state though that makes sense.

I keep insurance on my vehicle despite having no license. I understand the importance of having it in the case there is an accident. I received the tickets that resulted in the initial suspension as a result of youthful irresponsibility and inability to afford the inspection/registration/insurance. I understand this is not an excuse but at the same time we all do foolish things as kids. I grew up in foster care and had a rough start to life. I chose to have food and shelter rather than insurance at the time. I had no accidents so i was fortunate in that respect.

It just seems to me that the impact this has had on my life is cruel. I have nothing and its largely a result of my inability to legally drive. The only thing I ever get in trouble for is driving without a license. I am otherwise a law abiding citizen. Punishment shouldn't be this severe for a crime in which I have hurt no one. I believe my license is mandatory suspended until December of 2017 now and probably further if convicted Tuesday.

My primary defense is based on the fact that I am standing in civil court and there is no injured party so there can be no crime. If the city acts as the injured party I am going to request a mistrial because the judge is a representative of the city. The city cannot preside over a case which it is the plaintiff in. That is a conflict of interest.

I do not believe my judge has a degree in law but is only an elected official. I have considered challenging his jurisdiction since he has no formal law training and may not interpret the law correctly as a result.

I have my property right argument along with my right to travel on public roads.

I believe I have a defense based on natural law. The inability to drive has had a dramatic effect on my pursuit of life liberty and happiness.

I'm so desperate I've considered attempting to get a new SSN and applying for a license under the new number. I am not a criminal and believe myself to be a rational individual of strong moral fiber. While I have not been in trouble for anything aside from my suspended license in quite some time, I have been subject to numerous civil rights violations at the hands of the police. I comply with them to the best of my ability despite knowing I am being severely wronged. As a result I have not been the victim of brutality or wrongfully arrested, only illegally detained and harassed. I apologize as this doesn't really have any pertinence to the matter at hand.

What is the most difficult is how it impacts my relationship with my child and family. my ex-wife refuses to bring her to my home to see me and It is difficult to find someone to take me to get her. Her mother is however willing to pick her up from my home, so at least she is willing to meet me half way. I understand I am wrong by the letter of the law but this is a matter of right and wrong and the impact its had isn't right. The government isn't supposed to work this way.

There is so much wrong with your rant that I don't know where to begin.

Suffice it to say, you are going to lose. All of the defenses you want to throw at the wall in an attempt to see what sticks have been tried before. They do not work.

Yes, you are a criminal. Every time you get behind the wheel while you are suspended, you are committing a crime.

You're lucky you are in a tolerant state. You'd be in jail here in Virginia.

I am very much aware that I will Most likely lose. I cannot afford legal counsel and am poorly versed in legalese. It does no harm to try. I will be responsible for fees that result from the case if I am found guilty. I have the right to a trial and am exercising it. I waived my right to jury trial as not to burden anyone else.
I am seeking helpful information, not condemnation of my person. I appreciate your input about Georgia case law not being applicable in Texas. I am not a criminal, criminals hurt people. They steal, and are dangerous to others safety and property. I break the law when I drive , this is true. However breaking a law and being a criminal are two different things. Speeding is breaking a law but all people guilty of this are not criminals. Not all laws are right or just. Not too long ago law allowed the ownership of human beings as property and that was criminal despite being legal. I am a year away from a bachelor's degree with teaching certification, devout in my faith, a loving father, loyal friend and respectful son. You have no right to judge me.

- - - Updated - - -

I have been arrested, placed in jail and had my vehicle impounded and subsequently lost due to impound fees I could not afford to pay. It is a waste of money to have me in jail. No amount of jail time will change my opinion on the justice of this matter. I am doing my best to not drive currently but the need will arise at some point in the future.

Quote:

---

Quoting Tyler0Durden

---

I am not a criminal, criminals hurt people. They steal, and are dangerous to others safety and property. I break the law when I drive , this is true. However breaking a law and being a criminal are two different things. Speeding is breaking a law but all people guilty of this are not criminals.

---

Ah yes, the everyone is a criminal excuse. Legally speaking, yes most people who speed are a criminal. There are some exceptions to this as some jurisdictions define traffic infractions as civil. Just because you don't get caught doesn't mean you aren't a criminal.

Quote:

---

Quoting Tyler0Durden

---

Not all laws are right or just.

---

You'll get no argument from me. If you want to change things, then get thee to your congress-critter.

Quote:

---

Quoting Tyler0Durden

---

Not too long ago law allowed the ownership of human beings as property and that was criminal despite being legal.

---

Legally, it was not criminal until it was outlawed. It was immoral and inhuman but it was still legal at the time.

Quote:

---

Quoting Tyler0Durden

---

I am a year away from a bachelor's degree with teaching certification, devout in my faith, a loving father, loyal friend and respectful son. You have no right to judge me.

---

I'm not judging you. I'm just telling you the legal realities. Lots of criminals share those same characteristics with you, doesn't change their reality though. Have you checked with whatever body certifies teachers to ensure your criminal record isn't going to mess things up?

Quote:

---

Quoting Tyler0Durden

---

I have been arrested, placed in jail and had my vehicle impounded and subsequently lost due to impound fees I could not afford to pay. It is a waste of money to have me in jail. No amount of jail time will change my opinion on the justice of this matter.

---

Don't learn too quick do you?

Quote:

---

Quoting Tyler0Durden

---

I am doing my best to not drive currently but the need will arise at some point in the future.

---

Then you continue to be a criminal and face the consequences thereof.

Incidentally, hardship licenses usually have restrictions on how they are used. Perhaps you got tickets for being outside of those restrictions.

See if you can legally use an electric disability scooter or ride a horse, if you do not like bicycles. Your problem is not the law, it is self entitlement. Move near your job, so you can walk.

how are you helping? what kind of satisfaction do you possibly get out of arguing technicalities? I'm a criminal, whatever guy. Aside from your initial comment, you've not been the least bit helpful. quit trolling.

So we will go with your assessment. When you go to court, tell the judge he is out of order, the law is out of order and the law makers that make these laws are out of order. Tell him he must find you innocent as you refuse to accept being found guilty. Enjoy your cell.

Quote:

---

Quoting Tyler0Durden

---

how are you helping? what kind of satisfaction do you possibly get out of arguing technicalities? I'm a criminal, whatever guy. Aside from your initial comment, you've not been the least bit helpful. quit trolling.

---

I'm not trolling. I'm simply responding to your rants and correcting you where you need corrected. It's a public board so I am free to comment.

To answer the only sensible question I actually see you asking:

The only way to end this is to serve out your suspension without any further violations. Only then is the State of Texas likely to let you be.

Whether you had a valid defense with regards to the provisional tickets will depend on the circumstances, which we don't know.

The rest is just rantings about invalid and absurd defenses. That and the injustice of the consequences your willful actions bring down on you and yours.

oh, in that case. good job, thanks and keep up the good work.
Btw, if there is no injured party or damaged property no crime has Been committed regardless of law.

Quote:

---

Quoting Tyler0Durden

---

Btw, if there is no injured party or damaged property no crime has Been committed regardless of law.

---

Absolutely not true. Go read the ACTUAL statute. Nowhere in there does it say "unless injury or damage". What is DOES say is "driving without a license is unlawful". Just as running a red light is still an infraction, even if no one sees you do it, having some person or thing actually sustain injury or damages is NOT a requirement.

If you ever plan to get yourself OUT of the driving pickle you've been in for so many years, it's time to start learning the ACTUAL law, rather than your own version of the law, which seems to be at the crux of your issues.

::::uploading cranial-rectal extraction device:::::

If a law is unjust, a man is not only right to disobey it, He is obligated to do so. - Thomas jefferson

The law is not unjust. You do not have a right to a driver's license.

Quote:

---

Quoting Tyler0Durden

---

oh, in that case. good job, thanks and keep up the good work.
Btw, if there is no injured party or damaged property no crime has Been committed regardless of law.

---

Seriously dude, your arguments, which just happen to coincide with the thinkings of a fringe group that also is incorrect, are, like theirs, are incorrect.

Whether you want to make a "the man is oppressing me". Or "my rights allow me to do [whatever] and they are supreme". Or a dozen other arguments you are still wrong and all the whining you do here is not going get your license back. Either comply with the law or expect to never have a driver's license.

everyone is arguing with me, this was my post asking for help. its ridiculous that my license has been suspended for almost 10 years and 90% of my adult life for the "crime" of driving. I haven't had a no insurance or expired tags ticket in 7 years. I've never had a car accident. The only thing I ever do "wrong" is drive like a normal person. Of course you all lack perspective because you have no idea how impossible it is to function in a rural texas town without a car. The heat is lethal and businesses are scattered. The last job I happened to have was 32 miles away, what am I supposed to do? move closer? sure, if i had the money to do so i wouldn't be in this predicament. The only thing I am guilty of is being poor.

not one of you so far has had any productive input.

Quote:

---

Quoting Tyler0Durden

---

everyone is arguing with me, this was my post asking for help. its ridiculous that my license has been suspended for almost 10 years and 90% of my adult life for the "crime" of driving.

---

No, you are suspended for the crime of driving without a valid license. Which you do not have a right to, it is a privilege.

Quote:

---

Quoting Tyler0Durden

---

The only thing I ever do "wrong" is drive like a normal person.

---

Wrong again. The thing you are doing wrong is driving without the proper license.

Quote:

---

Quoting Tyler0Durden

---

Of course you all lack perspective because you have no idea how impossible it is to function in a rural texas town without a car. The heat is lethal and businesses are scattered. The last job I happened to have was 32 miles away, what am I supposed to do? move closer? sure, if i had the money to do so i wouldn't be in this predicament. The only thing I am guilty of is being poor.

---

Do you circumstances stink? Sure. But they are of your own making.

Quote:

---

Quoting Tyler0Durden

---

not one of you so far has had any productive input.

---

I beg to differ. You wanted to know how to get out of this mess. You have been told the only legal means, serve out your suspension and obey the law. We cannot offer what does not exist. There is no magic bullet to get out of the mess you've made for yourself.

By productive input, you mean a means to force the state to give you a license or make it legal to drive without one, correct?

Well guess what. If that's the case then you're not going to get any productive input because no such means exists.

There is no pill to fix stupid. Nor is there a time machine to take you back and undue all your poor choices. Stop making them and the situation will eventually fix itself.

The government isn't supposed to work like this. Regardless of my legal recourse, I have been relegated to a second class citizen. I am very accustomed to this reaction to my situation, people look at me with disdain for my belief in what justice is. If you must refute my arguments please do so. I would very much like to know the holes in my defense

in civil court no crime exists without an injured party, the city cannot act as the injured party because it presides over the case.

Property in a thing consists not merely in its ownership and possession, but in the unrestricted right of use, enjoyment, and disposal. Anything which destroys any of the elements of property, to that extent, destroys the property itself. The substantial value of property lies in its use. If the right of use be denied, the value of the property is annihilated and ownership is rendered a barren right. my automobile is my property and i chose to use it on public roads, the use of which for travel and leisure is also my right.

the law that prevents me from obtaining a license impedes my natural rights of life and liberty.

please by all means give me countering arguments, citing law that supersedes these guaranteed rights.

Sure enough, you do have the right to life, liberty, and the pursuit of happines. But with those rights comes the requirement that you abide by the laws of a civilized society. Once you violate those laws you forfeit a measure of your rights. It does not get any simpler than that, nor more complicated.

You certainly do have the right to property, like a truck for example. You do not, however, have the right to operate any way you choose. Providing you choose to operate it, you have the obligation to abide by laws govening the way it is operated. Owning a truck can be perceived as a right, but being able to operate it in public is a privilege. A driver license is a privilege, NOT A RIGHT!

Looks to be that you have chosen to not obligate yourself to the pertinent aspects of retaining your rights by not abiding the laws of a civilized society. So once you make that choice you are subject to the circumstance arising from the situation that you yourself has brought about.

It doesn't get any simpler than that! You've made choices, like a lot of bad ones, that have resulted in the situation you're in. Had you not done that, or at least learned something from the first bad choice, or maybe at least by the 11th or 12th one, then your situation would be very very different. YOU ARE THE ONE SOLELY RESPONSIBLE FOR THE SITUATION YOU ARE IN, and most likely will remain in the middle of your current predicament because you've obviously not learned anything from your past choices and will continue to follow one poor decision with another, with another, with another.....

All the while crying woe is me, I am so victimized.

You are victimized by your own choices Tyler. Nothing more, nothing less. Your choices have put you into what you refer to as a second-class citizen status. I'd like to be able to point out holes in your defense, but there simply aren't any due to the fact you have no defense. Your belief in what justice is is deluded at best, and pretty much narcissitically sociopathic at worse.

I'd say the latter would be accurate actually! Following your logic of doing what you want with your property is elementarily juvenile.

There's a quote that's apropiate; "Those that do not remember the past are condemned to repeat it."

Like I said, you very well do have the right to property, you just can't do with it anything you damn well please!

If you don't choose to abide by the conventions of a civilized society then you will, by virtue of your own choices, be a "second-class citizen" til death do you part.

One thing I'm hopeful about though is that your kids are seeing what all the wrong choices result in and do not choose to follow your example. It's bad enough that you've reproduced, it'd be double-bad if you've spawned more losers!

Jeez, I can't believe all you people keep responding to this guy's baiting.

He's so good at baiting you that he's a master at it.

Yes, a real master baiter.

I fully expect this thread to reach 40 posts in the next couple of hours while you all keep falling into his trap.

I wanted to clarify something for the op.

in Texas, driving while license is suspended IS a crime. It is a misdemeanor punishable by a fine and not less than 72 hours and not more than 6 months in jail.

Jjust let him keep on driving. He won't have to worry about supporting his kids or where he works or where he lives.

Well golly gee, doesn't this situation sound just a tad familiar?

Funny, that.

I haven't ever spent more than 10 hrs in jail. The only time I'm arrested is when I haven't payed through previous ticket. That's all this is about is mobetter. Not law, justice or safety. You people are sheep.

Don't forget to tell the judge they're a sheep too. They like it.

Already made arrangements to spend 48 hours in jail on a contempt charge. Dont worry I will say whatever I please, I'm paying for it.

You are free, of course, to discuss your situation with any cows, goats, horses or llamas if you think you'll get better answers from them.

Stand back from the llamas - they're cute, but spit far.

Case dismissed bitches

So... you find this type of crime easier to beat than bad check charges or getting caught with drugs?

Quote:

---

Quoting Tyler0Durden

---

Case dismissed bitches

---

It's your story. You can tell it anyway you choose to, even if it isn't true.

Or Maybe justice does prevail over cruel and unjust law. I'm a walking case study.

Quote:

---

Quoting Tyler0Durden

---

Or Maybe justice does prevail over cruel and unjust law. I'm a walking case study.

---

Oh, you're a walking something or other.

WE know.

You apparently don't.

:cool:

Case dismissed, child.

Quote:

---

Quoting Tyler0Durden

---

everyone is arguing with me, this was my post asking for help. its ridiculous that my license has been suspended for almost 10 years and 90% of my adult life for the "crime" of driving. I haven't had a no insurance or expired tags ticket in 7 years. I've never had a car accident. The only thing I ever do "wrong" is drive like a normal person. Of course you all lack perspective because you have no idea how impossible it is to function in a rural texas town without a car. The heat is lethal and businesses are scattered. The last job I happened to have was 32 miles away, what am I supposed to do? move closer? sure, if i had the money to do so i wouldn't be in this predicament. The only thing I am guilty of is being poor.

not one of you so far has had any productive input.

---

I'm with you 100 percent!!!

I'm in the EXACT same boat.

Mine been suspended for 7 years. Everything you said, I been through it too. My lastest stunt, while driving to work, cost me 71 days, my job, car, and house. I am basically homeless. I been placed on probation with over 4000 in fines and 790 in tickets still owed. Here's the worst part, the DMV wants an additional 1300 in reinstatement fees. I do not have a job anymore... let's not forget.

like you, my problems stated as a 19 dumb kid getting tickets... going to court and getting ridiculous fines and additional suspension I cannot bear.

EVERY arrest have been from random plate scans or automatic plate readers. Not from a single traffic infraction.

saddest part of it all... before my last arrest I was doing AWESOME getting legal. I surrender ed to all my outstanding FTAs, paid 2100.. and only had 1600 to go before I was legal and able to breathe again.


I only get in trouble for dwls too! Never hurt anyone and stick to myself. I attend church and don't even drink alcohol. yet, I am currently placed back into a rut, 6 month possibly more suspension, and homelessness is eminent.

if I had a ton of money or just gainful employment... I would've NEVER had a record.

I feel your pain brother

Ah, the newest resurrection!

Quote:

---

Quoting Bmjr

---

I'm with you 100 percent!!!

I'm in the EXACT same boat.

Mine been suspended for 7 years. Everything you said, I been through it too. My lastest stunt, while driving to work, cost me 71 days, my job, car, and house. I am basically homeless. I been placed on probation with over 4000 in fines and 790 in tickets still owed. Here's the worst part, the DMV wants an additional 1300 in reinstatement fees. I do not have a job anymore... let's not forget.

like you, my problems stated as a 19 dumb kid getting tickets... going to court and getting ridiculous fines and additional suspension I cannot bear.

EVERY arrest have been from random plate scans or automatic plate readers. Not from a single traffic infraction.

saddest part of it all... before my last arrest I was doing AWESOME getting legal. I surrender ed to all my outstanding FTAs, paid 2100.. and only had 1600 to go before I was legal and able to breathe again.


I only get in trouble for dwls too! Never hurt anyone and stick to myself. I attend church and don't even drink alcohol. yet, I am currently placed back into a rut, 6 month possibly more suspension, and homelessness is eminent.

if I had a ton of money or just gainful employment... I would've NEVER had a record.

I feel your pain brother

---

Ya know, I have had about 5 tickets in my 40 or so years of driving. I have never had a failure to appear or a license suspension. When I got a ticket, I either paid it or fought it. If I lost, I paid it. Life went on and me never without a license.
On the other hand, you two yahoos seem to be ticket magnets. That in itself is not the problem though. It is that you continue to break the law and DWLS. I guess you are the type of people that never learned not to touch the hot stove because you got burned. One has to wonder if it isn't some sort of underlying BDSM issue. After all, why else would one be so ignorant of the possibilities of DWLS and then go on to complain about the penalties after getting caught? It appears the two of you seem to work quite hard at getting caught. Maybe if you worked that hard at fixing the problem, well, at least the latest poster since it is possible the first guy will never be given a license again, you would not have the problems you are here complaining about.

The problem here is not youthful indiscretion. It is the adult disregard for the law that has continued from there, that is haunting these posters.

Yea, if I worked in a area where there was public transportation then I definitely wouldn't have been driving. I'm single and family live in another state, with that said, if I had the option of being drove around then I would've. When I was 19, yes, I was a ticket magnet. I accumulated 7 of them within a 2 year period while working as a driver. Eventually I was fired for that. I paid the ones I could afford... i fought and lost a few. I FTA on a couple others because I moved out of the state. I haven't received a moving violation or infraction since and my subsequential arrests have been purely circumstantial.

If the law was set up to offer a limited driving permit to those suspended over fines while they get legal than I wouldn't be in this mess. They're offered to DUI offenders however. .. Which makes ZERO sense to me.

oh, I was working hard at getting legal. I went without ALOT paying my dues. that was top priority. You don't comprehend well.. you're reading what you want to read just so you can talk down on the next person. That's a shame.