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Originally Posted by Soldier of Truth
I'm curious, isn't Arizona's Dept. of Motor Vehicles a part of the Commerce Division? Or something like that? I know I heard that for one of these states, for some reason I'm thinking its Ariz.
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Update, the Judge did not like my responce, today he issued another 'bench order' which said if I did not complete a driver education course and proof of it, he would enter a default judgement and suspend my DL.
I wrote up a quick MOTION TO QUASH for three issues:
1. Lack of Subject matter Jurisdiction. Under Arizona Administative Code, which AZ Department of transportation is ruled by, and ARS 28, ADOT has jurisdiction of all highways in Arizona.
Under ARS 28, the Justice courts have Jurisdiction.
BUT, the AAC clearly states only uncontested cases can be heard outside the Arizona Department of Transportation.
I told him this is now a constested case, because I declared so.
Thus, it is the sole jurisdiction of ADOT admin hearing.
2nd issue: Violation of my due process rights as the Judge is violating his oath of office. Also, the threat to take my license without due process, in violation of the Constitution of Arizona, artical 4.
3rd issue, The Judge has no legal standing to act as prosecutor in this case, he is supposed to be a netural party. His threat of License suspension for a matter not in his jurisdiction is a violation of his oath of office and the Due process rights in the AZ Constitution. It also claims he has uspurped the power of the prosecutor and acted without a proper summons or complaint. Under the law, no peace officer can issue a summons to court, only the Clerk of the court can.
I set a hearing date for dismissal on the 28 of this month, the same day he ordered me to provide proof of completetion of drivers education.
I also requested a court of record for the hearing. I have all my cites and rule in the motion to quash and I have all my court cases to back up everything I said at the hearing.
We shall see.
Also, The Department of Commerce is under the same ACC (Secretary of State) but it is not the same department.