PDA

View Full Version : refuse for cause in illinois



Richard Earl
12-06-11, 03:33 AM
Dec 2, 2011

770767768

David Merrill
12-06-11, 03:24 PM
Thank you for sharing that here Richard Earl!

Richard Earl
12-07-11, 12:44 AM
This really has been uneventful which in itself worries me. :)

no results are returned when searching on www.judici.com.

David Merrill
12-07-11, 01:10 AM
This really has been uneventful which in itself worries me. :)

no results are returned when searching on www.judici.com.


If your case does not appear on this link (https://www.judici.com/courtlook/courtlook_search.jsp) (presuming you have a subscription), then it would appear your Refusal for Cause was effective. You might look on PACER and view your filing in your Libel of Review too. Just for fun.

I suppose the real test is next ticket or traffic stop. So you might get a certified copy from the USDC and put it in your glove box.

Richard Earl
12-07-11, 01:32 AM
There is nothing on the public search section. I don't currently have a subscription. I am awaiting my Pacer subscription kit to arrive in the mail.

Richard Earl
12-07-11, 03:10 AM
In my situation, the vehicle has plates from another jurisdiction (Canada).

Unless they forward on a message to the department of motor vehicles there.

Richard Earl
12-07-11, 03:13 AM
What may happen is what happened to me; I too refused for cause " no seat belt" and "no proof of insurance" tickets with the proper record of this refusal filed in the U.S. district court. There was no hearing set and the DL that I used was eventually suspended. My process was ignored since it never came before a "judge" in "court". When it came time for my wife to renew the registration on the car she uses, they denied her the renewel due to the DL suspension; both NAMES on the registration. I relented and paid the fine so as to avoid any roadside conflict for my wife and young children.

I say that the matter must go to a court hearing so as to force them to deal with the R4C process in court. That would avoid the easy avoidance by ignoring the process and just suspending the license for "failure to pay the fine".

If you don't care about the status of the DL, then all that doesn't matter at all.

What process arrived to the secretary of state to suspend the license, a memo?

Richard Earl
12-14-11, 06:43 PM
I went out to my vehicle yesterday to find the meter man walking up the street. He meandered around a bit before heading down the opposite direction on his cell phone. Other than that, to the refusal for cause..... no news. :)

EZrhythm
12-14-11, 11:48 PM
If you are in the States with Canadian plates, parking citations are void. A ticket was only left in hopes that it would just get paid. A plate/VIN # needs to be in their system with the particular corporate STATE having a security interest in the vehicle as evidenced with a Certificate of Title. Apparently, for this citation, your efforts to obtain an evidence repository will come up empty. Enjoy the knowledge and satisfaction of having a repository for future use.

David Merrill
12-15-11, 12:49 AM
Thanks EZ;


That makes a lot of sense.

allodial
12-15-11, 02:00 AM
If you are in the States with Canadian plates, parking citations are void. A ticket was only left in hopes that it would just get paid. A plate/VIN # needs to be in their system with the particular corporate STATE having a security interest in the vehicle as evidenced with a Certificate of Title. Apparently, for this citation, your efforts to obtain an evidence repository will come up empty. Enjoy the knowledge and satisfaction of having a repository for future use.

Until they came up with the "Interstate Compact" (includes Canadian Provinces afaik), folks with driver licenses from foreign States were pretty much off limits. Keep in mind that parking violation would be a bit different from a moving violation.

David Merrill
12-15-11, 03:58 AM
I believe there is a 30-Day Rule.

Richard Earl
12-15-11, 04:17 PM
Illinois does have a compact in the vehicle code - NONRESIDENT VIOLATOR COMPACT - but I believe that is for moving violations.

Richard Earl
12-17-11, 04:21 AM
A little more context - My license plates are expired (which begs the question, does that make the title expired?), but my Ontario's driver's license is still valid (2 yrs remaining -- clean record).

Today, I was followed by one police vehicle (3rd car behind me) for several blocks before reversing course. I know he was following me because our gaze connected briefly as he was turning left in front of me. He pulled a U-turn. LOL I pulled into Wal-Mart because that's where I was heading and about 10 mins later, I notice a different police vehicle (a supervisor I suspect) parked in the lot sitting there for 20 mins or so. Now, I work at this Wal-Mart and they are aware of my refusal for cause and my request for integrity in privacy. They are a good bunch of people (curious as well) and as long as nothing interferes with my job, I'm good there.

I will transfer my driver's license on Monday, since it's only proof of competency and if Illinois wants to know I'm competent, I can agree with that. I suspect they are looking for a moving violation to speak with me. However, I have a hard time handing over title to my car -- I don't want to do that -- it's real property and I don't need it monetized.

EZrhythm
12-17-11, 05:30 AM
A little more context - My license plates are expired (which begs the question, does that make the title expired?), but my Ontario's driver's license is still valid (2 yrs remaining -- clean record).
It's actually not a title but a color of title, appearing as one but not a true one. Technically it's merely a permission slip allowing the corporate STATE to have a security interest in the vehicle. No, they don't expire but they can be canceled or junked without actually junking the vehicle itself.



I will transfer my driver's license on Monday, since it's only proof of competency and if Illinois wants to know I'm competent, I can agree with that. I suspect they are looking for a moving violation to speak with me. However, I have a hard time handing over title to my car -- I don't want to do that -- it's real property and I don't need it monetized.
I'm sorry to hear that but I understand each must take his own path. The STATE OF ILLINOIS nor any other STATE OF ______ doesn't actually care to know who's competent even if their literature and agents express such.

Richard Earl
12-20-11, 10:20 PM
I go into the DMV today to ask for the application for driver's license. The lady said we don't have one. I just enter the information into the computer. I thought for a moment thinking that I'm sure I read somewhere that the applications can be picked up at the DMV office.

(625 ILCS 5/6‑106) (from Ch. 95 1/2, par. 6‑106)
Sec. 6‑106. Application for license or instruction permit.
(a) Every application for any permit or license authorized to be issued under this Act shall be made upon a form furnished by the Secretary of State. Every application shall be accompanied by the proper fee and payment of such fee shall entitle the applicant to not more than 3 attempts to pass the examination within a period of 1 year after the date of application.

(b) Every application shall state the legal name, social security number, zip code, date of birth, sex, and residence address of the applicant; briefly describe the applicant; state whether the applicant has theretofore been licensed as a driver, and, if so, when and by what state or country, and whether any such license has ever been cancelled, suspended, revoked or refused, and, if so, the date and reason for such cancellation, suspension, revocation or refusal; shall include an affirmation by the applicant that all information set forth is true and correct; and shall bear the applicant's signature. In addition to the residence address, the Secretary may allow the applicant to provide a mailing address. The application form may also require the statement of such additional relevant information as the Secretary of State shall deem necessary to determine the applicant's competency and eligibility. The Secretary of State may, in his discretion, by rule or regulation, provide that an application for a drivers license or permit may include a suitable photograph of the applicant in the form prescribed by the Secretary, and he may further provide that each drivers license shall include a photograph of the driver. The Secretary of State may utilize a photograph process or system most suitable to deter alteration or improper reproduction of a drivers license and to prevent substitution of another photo thereon.

Why don't they know this stuff. I asked 3 times, saying "Are you sure about that?"

EZrhythm
12-20-11, 10:52 PM
Sign of the times. They have been doing that at banks when opening an account for quite some time. The bank wanted me to sign the electronic pad but I told them that I wanted to sign a hard copy. They said that they would print out a hard copy for me. HAHA! I said, I wanted to SIGN the hard copy.
The DMV's are catching up with their banking neighbors so as to reduce such things as (dis)qualifying endorsements.