DL was NOT provided or used as ID

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  • JohnnyCash
    Guest replied
    Yes! I agree. Right there at line 30 the offer was made and he accepted it at 31. And yes, the prosecutor/DA is not the judge/magistrate. Very educational; thank you.

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  • David Merrill
    replied
    Yes, I can imagine how the prosecutor would not care about that misnomer. It is the court that the suitor would be concerned if there is fraud or not and it sounds like the R4C is in the case file. So the court is not being defrauded, the Police Chief sent that R4C process over and it may also be found (presuming an evidence repository) on PACER. I is accompanied with a clerk instruction that tells the judge the case number in the federal courthouse.

    The distict attorney is not the judge/magistrate.

    His refusal for cause went south though when he agreed to do business by saying "ok". He should have kept saying, No, I don't want to come back or speak to the magistrate.

    He wandered away from the task at hand, to prevent fraud on the court.

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  • JohnnyCash
    Guest replied
    LET'S MAKE A DEAL transcript

    In this particular court every defendant is brought to a table in a small room with a "LET's MAKE A DEAL" prosecutor.

    1 Prosecutor: "Legal Name"?
    2 Defendant: My name is True Name.
    3 P: Excuse me?
    4 D: My name is True Name.
    5 P: This isn't you? "N-A-M-E"?
    6 D: I go by True Name.
    7 P: Is this you though?
    8 D: I'm here by restricted appearance, to prevent fraud on the court. Is the court aware that all presentments were refused for cause timely?
    9 P: I dunno what you're talking about.
    10 D: Right there [pointing to file], refused for cause.
    11 P: I don't even care about that, is this you? I need to know, if it's not you we gotta get the f.. OK well step outside then .. we gotta get the file. So what's your name?
    12 D: True Name.
    13 P: True Name?
    14 D: The ticket was handed to me.
    15 P: is, is this you, were you the person stopped on ..
    16 D: yes
    17 P: Route 66 January 7th in the town of X?
    18 D: yes
    19 P: by a XX state police officer
    20 D: yes
    21 P: ok. So what do you want, a hearing before a magistrate? Is that what you're looking for?
    22 D: I want it dismissed ..
    23 P: I'm not dismissing it. But if you want a hearing before a magistrate ..
    24 D: I did not identify myself as "LEGAL NAME" on January 7th
    25 P: you said you were somebody else?
    26 D: I said: "I'm showing you this license for competency not for identification."
    27 P: for what?
    28 D: Competency. Competency to drive.
    29 P: I don't understand what you're talking about.
    30 P: So let's have a hearing before the magistrate, ok
    31 D: ok
    32 P: That's not gonna be today. You gotta come back on ... May 4th ok? You got any .. proof, bring it in, witnesses
    33 D: thank you
    34 P: we'll see ya.

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  • allodial
    replied
    Originally posted by Anthony Joseph View Post
    I actually obtained a US DOT# and held it for a year or so while I contemplated about transitioning over. I received a notice that without the mandatory inspection, the # would be cancelled. I told them there is nothing to inspect since I believe I entered any vehicles as "leased" when needed. I don't remember exactly what was said on the phone but it ended with the US DOT# being cancelled.

    Any thoughts on that?
    If you went for the "Household Goods Methodology" that is probably why they are asking. The only kind of cargo should be: OTHER: NO CARGO. If you are transporting cosmetics, toiletries...no surprise they want an inspection. As attorney-in-fact for the trust I have yet to receive ANY information asking for an inspection just information about basic programs and the alcohol awareness training which due to status they immediately acknowledged that it was not required training.

    Goods and personal property are two different things. Goods are in stores. "Personal property" is "your stuff" better yet, "private possessions".

    Also the family trust isn't a motor carrier just acting AS IF a carrier for the purposes of aiding easy friend-foe-neutral identification while in transit.

    RE: NAME
    For the name of the "motor carrier" one can enter "John Henry, as Motor Carrier" to limit the scope of usage of the name to that specific role (from general to special). One can utilize name of a family trust. One could even put "John Henry, as Motor Carrier" for name and put the John Henry Doe for the 'trade name'. I prefer the house estate or family trust method. For the signature/role/office: Attorney-In-Fact, Agent, Authorized Representative are all sufficient.

    Consider:

    John Henry as Attorney-In-Fact for John Henry, as Motor Carrier d/b/a JOHN HENRY DOE.
    John Henry, as Attorney-In-Fact for JOHN HENRY DOE, AS MOTOR CARRIER.

    If you're using the SSA/EIN entity as an intermediary (its a trust or an estate in case you didn't know), that's fair enough. You could put John Henry, as Motor Carrier in field #1 and JOHN HENRY DOE in field #2. However, I'd enter "not domestic" and "private" into the address fields. You can also do change of address with the SSA and also with the IRS and also with the State DMV. Key is be thorough not half-on-half-off. But again your situation may be different from mine. I am wholly without any State ID, Driver License or SSN whatsoever.

    "Goods" means all things which are moveable at the time of the sale or at the time the buyer takes possession, including goods not in existence at the time the transaction is entered into and goods which are furnished or used at the time of sale or subsequently in modernization, rehabilitation, repair, alteration, improvement or construction on real property so as to become a part thereof whether or not they are severable therefrom. "Goods" also includes merchandise certificates.(North Carolina General Assembly)
    Last edited by allodial; 08-29-11, 03:23 PM.

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  • Anthony Joseph
    Guest replied
    I actually obtained a US DOT# and held it for a year or so while I contemplated about transitioning over. I received a notice that without the mandatory inspection, the # would be cancelled. I told them there is nothing to inspect since I believe I entered any vehicles as "leased" when needed. I don't remember exactly what was said on the phone but it ended with the US DOT# being cancelled.

    Any thoughts on that?

    Leave a comment:


  • allodial
    replied
    Originally posted by David Merrill View Post
    How can this be done without imitating or impersonating a federal or state employee?
    #1 for MAILING ADDRESS one can put private in front among other things. Instead of PO Box one can put "private box ####". Family trust does not have any SSN or an EIN.

    #2 put stickers on the bumper that read "PRIVATE" or "NOT FOR HIRE" ..put it on the tag even or on the USDOT decal..depending on how you do it

    #3 One can send memorandum of law or the like indicating your reservation of rights or the like, your intent so as the clarify. Keep the 'application' form and related documents on hand. Or at least copies thereof.

    There is a drop-down on the online USDOT application for UNKNOWN STATE..not sure of the usefulness of that selection.

    #4 Interstate selection only removes it from being intrastate. No 'State employee' relationship ..its interstate.

    #5 "near" before CITY, STATE is to remove 'resident of city' presumption.

    A division of a private family trust that I oversee has a USDOT # with a not domestic PO Box and a fax # --no other contact info.
    Should read private box not PO Box. There is such a thing as a "private box" or a "private bag". Private != resident (public office holder). Not domestic = not U.S./Metro Federal/state employees are neither private nor non-domestic. 'near' City, State is to remove the presumption under a city-residence contract.

    Example:

    private 40 Baker Lane
    near Chicago, Illinois not domestic

    private box 9493
    near Chicago, Illinois [12345-9493]

    One can ask about the +4 numbering for the private box.

    General post office is also an option.
    Last edited by allodial; 08-28-11, 06:06 PM.

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  • Anthony Joseph
    Guest replied
    Originally posted by David Merrill View Post
    Nearly overwhelming! - Those two posts...


    Thanks guys.

    Anthony Joseph;


    It sounds like they had that strategy in mind for you so they could 'dodge the bullet' so to speak. Tell us; is your driver license signed Anthony Joseph?
    It is signed Anthony Joseph d.b.a. ANTHONY J XXXXXXX.

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  • David Merrill
    replied
    It bounced off the brain trust with a warning.

    A division of a private family trust that I oversee has a USDOT # with a not domestic PO Box and a fax # --no other contact info.
    How can this be done without imitating or impersonating a federal or state employee?

    Leave a comment:


  • allodial
    replied
    There was posting issue. This is to add clarification..

    #22 Interstate -- the treaty protection zones are Interstate--this keeps you out of the district-states. Choosing intrastate and local DMV will probably bother you. The idea is that get in your private automobile, leave your private land or your dominions then as soon as you reach the street/highway/road you commence transit through the UN-OAS-NATO zone to the shopping mall and then right back to private land.

    #24 *only* OTHER and "No cargo". WARNING: choosing "household goods" is not a smart idea IMHO. No cargo also means no human chattel!

    I have traveled sans State plates with USDOT # with family crest on custom tag on front and rear or automobile, no problems. Once what appeared to be a Police or State DOT SUV trailed behind me for a good deal of the trip on Interstate/Interstate and then he exited the highway and headed toward a street known to be heavy with semi traffic. Suppose he had better things to do.

    if one does it online, one can always follow up by a fax to the USDOT's Chief Counsel to clarify your intent. Be courteous. USDOT personnel have been quite upstanding.

    Also: others have reported cross country trips with no pullovers and just displaying USDOT # only.
    Last edited by allodial; 08-28-11, 12:17 AM.

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  • David Merrill
    replied
    Nearly overwhelming! - Those two posts...


    Thanks guys.

    Anthony Joseph;


    It sounds like they had that strategy in mind for you so they could 'dodge the bullet' so to speak. Tell us; is your driver license signed Anthony Joseph?

    Leave a comment:


  • allodial
    replied
    Originally posted by David Merrill View Post
    Fascinating!!

    Do you have any of the Registration Application to get DOT registration on your private motor vehicle?
    With a credit card one can apply online. Its probably a lot easier to apply online and then send in an update by fax. By mail or by fax are alternatives.

    A division of a private family trust that I oversee has a USDOT # with a not domestic mail addy and fax # --no other contact info. Communications from USDOT are like this: "To John Henry, as Attorney-In-Fact of Family Trust...". They communicate by fax on a regular basis.

    Link to the MCS-150 is here.

    To knowledge, no State plates are required if the automobile is free from a car note or mortgage or the like. If you remove State tags on a car with a note they will presume one to be up to commit larceny. One can do the following for completing the form:

    #1 and #2 your choice
    ...
    #22 Interstate -- the treaty protection zones are Interstate--this keeps you out of the district-states. Choosing intrastate and local DMV will probably bother you.

    #23 OTHER and "Not for hire", "Private", "Exempt", "Immune" etc.

    #24 *only* OTHER and "No cargo" choosing "household goods" is not a smart idea IMHO.

    Also If I recall correctly, technically without the 'car carriage' on top, the underlying wheel-base is a 'truck'.
    Attached Files
    Last edited by allodial; 08-27-11, 11:46 PM.

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  • Anthony Joseph
    Guest replied
    FINAL UPDATE... for now

    Unfortunately this round ended in a somewhat deflating fashion according to what I expected to occur in a court setting. My wife's car registration came up for renewal during this escapade and when she attempted to renew, she was denied since the registration for her car also has the LEGAL M. NAME with a suspended license on it. In other words, due to the DL card I use being suspended, they will not allow a registration renewal for a car with that name on it.

    So, I had to expedite the correcting of this situation and I went to the DL bureau/courthouse to help with that issue. I found it extremely easy and quick to resolve this issue with cash regardless of the verbiage contained in the presentments sent which stated that an appearance before a judge was required and a signed "clearance document" from the court was needed in order to reinstate the DL.

    NONE OF THIS EVEN CAME UP. I handed cash over to the clerk and presto, reinstatement. There was a room semi-full with people and when I arrived, I didn't even sit down to wait. I was taken right away and instructed that when payment was made upstairs at the clerk of court, bring the receipt and the DL will be reinstated for $60. NO clearance document, NO judge, NO ANYTHING... just cash. It was made real easy for me and I was in and out in less than fifteen minutes while I witnessed people still waiting to be called.

    I only did this because I did not want my wife to have to deal with an expired registration with our children in the car. They don't need to deal with that unnecessary strife so I ended the situation this way for now. I still have the entire process documented in my evidence repository for the next occurance.

    BTW, when asked for a signature I wrote "Lawful Money". I will upload that doc when I have a chance.

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  • David Merrill
    replied
    Originally posted by allodial View Post
    USDOT # record has bonding/insurance tied to the LEO search. Probably a lot easier to deal with them than anyone at the State level.

    Fascinating!!

    Do you have any of the Registration Application to get DOT registration on your private motor vehicle?

    Leave a comment:


  • allodial
    replied
    Originally posted by David Merrill View Post
    If you can show a bond - like suggested - then you show responsibility. Therefore you might get by with a plate that displays an account number for at least $30K in escrow - in contemplation of an accident. RAP/RuSA was distributing Travel Warrants - they called them. But there never has been any funding behind RAP/RuSA. So they are bogus driver licenses. If TURNER had funded bonds then maybe things would have turned out differently.


    Regards,

    David Merrill.
    USDOT # record has bonding/insurance tied to the LEO search. Probably a lot easier to deal with them than anyone at the State level.

    Leave a comment:


  • EZrhythm
    replied
    Why go to the trouble to even do all that?

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