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Re:Newbie Day in Court
nralien,
Maybe so. But have you read the definition of "duress"?
this is from a normal day to day dictionary "Webster's":
1. forcible restraint or restriction; 2. complusion by threat: specif: unlawful restraint
So, basically it is not of freewill. to deny the service under color of law to restrain or restrict your freewill and to compel you to sign a certain way--to me that is duress.
From my understanding (which is not gospel), duress works in tandem with fear. Usually fear of reprisal if something is not done the way someone else wants it. Since you know that if you basically breath the wrong way while driving (not traveling) you can get a ticket. the code is laced with penalities--no privileges. So you know that fines, tickets, penalties are everywhere. Some fines you get you don't even know its existense or origin.
So knowing this about the codes gives the person behind the desk undeserved authority. And since you are going to see this "authority" for an "alleged" privilege, they demand you do something a certain way or your privileges are going to be restricted, restrained or possibly denied by this "authoritive" figure head; unless, you do it their way.
I think this is a pretty accurate account of what happens when folks go down to DMV to do business. WIth that said, when you did this process--were you compelled to sign a certain way?
I know it is a bit long but, I had to explain how I view the situation and why I came up with 'under duress'.
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"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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