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  1. #1
    Join Date
    Jun 2013
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    13

    Default 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.

  2. #2
    Join Date
    Jul 2010
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    7,666

    Default Re: License Suspension Has Ruined My Life, Never Had a DWI

    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.

  3. #3
    Join Date
    Jun 2013
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    13

    Default Re: License Suspension Has Ruined My Life, Never Had a DWI

    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.

  4. #4
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    Jul 2010
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    Default Re: License Suspension Has Ruined My Life, Never Had a DWI

    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.

  5. #5
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    Sep 2010
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    19,278

    Default Re: License Suspension Has Ruined My Life, Never Had a DWI

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

  6. #6
    Join Date
    Jun 2013
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    13

    Default Re: License Suspension Has Ruined My Life, Never Had a DWI

    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.

  7. #7
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    Jul 2010
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    Default Re: License Suspension Has Ruined My Life, Never Had a DWI

    Quote Quoting Tyler0Durden
    View Post
    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
    View Post
    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
    View Post
    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
    View Post
    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
    View Post
    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
    View Post
    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.

  8. #8
    Join Date
    Sep 2011
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    OH10
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    Default Re: License Suspension Has Ruined My Life, Never Had a DWI

    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.

  9. #9
    Join Date
    Jun 2013
    Posts
    13

    Default Re: License Suspension Has Ruined My Life, Never Had a DWI

    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.

  10. #10
    Join Date
    Sep 2011
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    OH10
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    Default Re: License Suspension Has Ruined My Life, Never Had a DWI

    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
    View Post
    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.

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