License revoked without due process

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Freedomfighter
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License revoked without due process

Post by Freedomfighter » Sat Feb 13, 2016 7:52 pm

I am a michigan resident. Was charged with 2nd dui charge within 7 years. It has been 6 years in between offenses yet i am labeled a "habitual offender" by the secretary of state. My license has been revoked and im not even formerly convicted yet? How is this legal & why am i not entitled to a due process through the secretary of state? They accused me of a crime, i am forced to pay driver responsibility fines,losing my job & i am not entitled to due process???
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editor
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Re: License revoked without due process

Post by editor » Sun Feb 14, 2016 8:10 am

I sympathize.

I'm sorry I can't offer any silver bullet, but I can give you my thoughts.

The driver license is a license by competent [sic] authority to do that which would otherwise be illegal, unlawful, a trespass, or a tort: namely, to use the public roads for commercial profit. Unless you are a taxi or truck driver, you probably don't ever do any of the things that would bring your license into play.

However, when a cop pulls you over, he sees a car with commercial plates. He asks for your commercial license and commercial registration (he doesn't say commercial, but it's implied), and you give it to him. There are no notices on your car that say "Not for Hire", or anything else that might lead the officer to believe you are not operating in commerce.

He smells alcohol on your breath and asks you if you've been drinking. It really doesn't matter what you say now, because he knows you are about to be contributing to the police fund that pays his salary, as well as the judge's retirement fund. So he asks a couple more questions, then asks you to get out of the car and take a breathalizer test. If you've had more than two drinks, you're screwed. Not because you committed a crime, but because you are in breach of contract. You have committed a tort.

They put you in jail. Then they let you bond out, pending trial. They could have kept you in jail until trial, but you signed an additional contract-- a bond agreement, and paid legal tender (lawful consideration) which made the contract valid. Look at it from their point of view-- you're a suspected tort criminal. It would be a hazard to public safety to let you "drive" pending trial. If you're not guilty, they'll give your license back. It is hoped you have learned your lesson.

When you got that driver license, you didn't really give up your God-given right to travel. But everyone, even you, thinks you did. Yes, it's a huge fraud. But it's also important to realize they are preying on your own stupidity. I'm not picking on you, I'm applying this to everyone-- even myself. Because even though I realize it's a fraud, I don't have the silver bullet to fix it any more than anyone else I know does.

Yes, we're working on it. But you have to realize there is so much money made in this scam, and people in positions of power have their hands stuck so deeply down our pockets, that it will take more than just studying laws to change anything. Eventually, people are going to have to wake up. If enough people wake up, and get really angry about it, then it will change.

In the meantime, you have a problem. Michigan looks back seven years for prior offenses, and your first one was only six years ago. If you're convicted, they'll take your license for a minimum of one year. If you say "thank you, please". Does that mean you can't drive? Yes. "Drive" is a commercial term for which you need a license. On the other hand, one may "travel" behind the wheel of a car, and he is not necessarily "driving" if he is not carrying commercial goods, or charging someone for a ride. Certainly the car will start when you turn the key, whether you have a license or not.

I suggest you start by watching Eddie Craig's video, Traffic Stop Procedure. Then read some of the articles on this site, and some of the forum posts. When you're ready, come back and we'll discuss it some more.

Whatever you do, after your railroading [cough!], I mean conviction, don't go out and drive. That's what they're hoping you'll do, and they will be watching. Educate yourself.
--
Editor
Lawfulpath.com
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