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  1. #15
    Quote Originally Posted by Jethro View Post
    An update...

    Since my last post there have been a number of developments, including an "administrative hearing" where they refused to allow me to put a declaration (including the controlling law, time, space and place) on the "record", then they kicked me out under the threat of violence; also there have been a number of "appeals" of various "administrative" decisions upholding the purported "suspension". Now we are about at the end of the "administrative" process, and through it all the "Department of Safety" has ignored the fact that there is no enforceable signature (but rather an express reservation of rights "without prejudice" and "at arm's length") on any document ("driver license" application, card and purported "citation").

    Any thoughts as to how to compel them to recognize the reservation of rights they agreed to? What are the next possible steps... suing them w/ a preliminary injunction?
    I'd take a peek at your State's equivalent to the Administrative Procedures Act.
    You may be able to cook up some magic and raise the heat simply by following it.

    Its amazing how much you can get out of a court simply insisting that it abide by due process .

    Another speculative tidbit could be you are raising issues of law upon which equitable courts, such as administrative courts, like to keep silent on. Issues of law are out of their jurisdiction.

    In which case, a trial de novo may be a better forum in which to raise such issues.

    One last point, what evidence has the prosecutor put into record? Have you thought about going after that?
    How much operation on presumption is taking place?

    At this point, it sounds as if you have waived many opportunities.
    Last edited by shikamaru; 02-12-12 at 01:44 PM.

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