Take DMV to court

hAKEEM · #1 12-01-2004, 01:01 PM

Ok lets say you were stop for not wearing a seatbelt, or wreckless driving. Now we know that these are not laws but codes and regulations of Department of Motor Vehicles. Ok lets say you are found guilty and you tell the judge I only have a licsense for commericial purposes (commerical work only) but you were in your own car doing your own business. Could we go after DMV for not explaining the driver licsense contract not giving all the facts to whom Person stands for and driver. I was wondering sounds good but can it be done

weishaupt1776 · #2 12-01-2004, 01:05 PM

Generally speaking, it would be a fraud case because they are expecting us to rely on misrepresentations. The key is to PROVE reliance.

KaosTheory · #3 12-01-2004, 01:52 PM

Hakeem, back up a second. How were you found guilty? Was there a credible witness who was qualified to testify against you?

TheBlackTruth · #4 12-01-2004, 02:10 PM

I imagine it would be VERY difficult to bring and sustain a suit against the DMV. Their defense is too simple: Your honor, we are simply doing what the legislature created us to do: regulate the operation of motor vehicles on the public rights of way.

-BT

KaosTheory · #5 12-01-2004, 03:35 PM

Besides, the "law" only applies to us, not the gumint.

storme · #6 12-01-2004, 09:53 PM

Think the law only applies to the agents not us.

#7 12-02-2004, 01:36 AM

Of course you "can."

Remember:

If you lose, you pick up ALL the fees involved. In VA, it's a minimum of $20,000.00 to take the "state" to court.

And as the Assistant Attorney General told me (regarding a similar issue with the DMV): "You can take it to court, but you won't win."

Ironic, isn't it? A "court jester" use to be someone brought in to amuse the king. Now he sits behind a bench and wears a black robe. Purpose is the same: To amuse the "king" by making sure the serfs stay in line.

Jerseee · #8 12-02-2004, 12:14 PM

hakeem,

Before tackling this issue there are questions that need to be answered and KT was in the general area in his posts.

Who filed the complaint?

Who does the car actually belong to?

Can the complaint be verified?

there are a few more but these stick out to me the most.

Now as far as taking DMV to court what will be the nature of your complaint?
(fraud, negligence, theft, etc....)

hAKEEM · #9 12-02-2004, 03:35 PM

Thanks for the reply. I was just wondering b/c the Driver codes and regulations only pertain to persons right. And they always say we can revoke your driving privileges. So why cant we bring them in court and explain who and what there codes are for like person, driver, traveling allthese commercial terms. Do we need a liscense to drive no. I know it would be hard and most likely not win. Same with the Hospital by not telling us what the birth certifacte is really for.

Jerseee · #10 12-02-2004, 05:49 PM

Hakeem,

under commercial rules you do need a drivers license to drive--you don't need one to travel.

Actually, I don't think the hospitals even know much about birth certificates. I think they are just pawns in a game because that office that does those certificates are in the jurisdiction of the UNITED STATES.