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Thread: Jurisdictional Challenge

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  1. #1
    I have an interesting one where I will be issuing a jurisdictional challenge. As recent as April I was arrested. On the side of the road I stood on my rights and this irked the police, so they fired up the railroading machine. The circumstances surrounding the arrest do not matter at this point, but the license was signed "True Name - All rights reserved" in Michigan. After the arrest I remembered that 'residence is evidence of commerce'. So when the municipal officers asked me in intake/booking where I lived I gave them a current street address, no more (this didn't match the license information). When asked why I didnt have a "current" license I told them to use the information previously supplied on the license. Unbeknowst to them I had previously tried to get a "current" license but got so far as to get up to sign for the license after waiting and paying at the Secretary of State for them to say "you cant sign like that". So I had them refund me and kept the documentation. Anyhow, they claim that at that point they could not complete the "booking process" and attempted to coerce me by telling me I'd be held indefinitely until I completed the "booking process". There were so many procedural errors that it warrants a new thread come to think of it; back to the jurisdictional challenge.

    They were attempting to manufacture PC - so they played good cop bad cop. While in custody, the arresting officer asked for a blood draw. Having good reason to refuse (and being prevented from seeking counsel all the same) I refused. As it turns out, After this event there is a requirement in Michigan to send in an administrative hearing request on their paperwork which I did with all rights reserved. The mailing (stupidly) was not sent certified and for it to be timely was required within 14 days. After not receiving any correspondence, I sent them a handwritten letter, certified, signed true name, minimizing nexus(es) to commerce and questioning jurisdiction of the administrative agency. I received a letter from the secretary of state saying "we have no jurisdiction because you filed late" which I think is a ruse. A week later I received a "Notice of intent to use technicians report in lieu of testimony" from the DA. The applicable statute in their instructions says to "respond within 14 days" (MCL 6.202). So they've sent me a pleading with no case number and the results of the blood draw finding nothing actionable. They're asking me to file into a matter that doesnt exist! Create the controversy for us? I'm sure this is an attempt to get me to plead into their jurisdiction (because if they had it, would they not have assigned a matter number?).

    Abatement for misnomer? or is there something trickier I can do. Eventually this may develop into a counterclaim for a 1983 case, but I'm questionable about whether that concedes jurisdiction. A few attorney/friends I've consulted say they've never seen such process. There are more details which I can provide, but I thought this a nice start. Any thoughts from the brain trust?
    Last edited by Gonzo; 07-09-15 at 01:57 AM.

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