DMV crashes due process

DMV crashes due process

Law and RevolutionOne of the most crucial elements in the development of liberty was that every man deserves his day in court. As described by Harvard professor Harold J. Berman in his crucial “Law and Revolution: The Formation of the Western Legal Tradition,” that check on arbitrary power has changed in recent decades with the rise of “administrative law.” That’s where bureaucrats, not judges, decided things.

A good example is the California Coastal Commission, which has near dictatorial powers over coastal land use. Indeed, this year Gov. Jerry Brown and the Legislature gave the CCC new administrative powers to issue fines on their own. Landowners get their day in court only if they bring a costly lawsuit against the CCC, something few will do.

Another is the DMV. Reported the Orange County Register:

An Orange County judge threw out Ha’s DUI case, ruling officers had illegally obtained a test showing Ha’s blood-alcohol level was over the legal limit. Yet a month later, a midlevel DMV employee suspended the Westminster resident’s license based on the same evidence the courts rejected.

“The DMV officer convicted him, suspended his license and put the DUI on his record,” said Ha’s attorney, Alex L. Benedict. “How can the DMV have such power over a criminal judge?”

The power comes from a little-known law that grants the DMV the authority to suspend the license of anyone arrested on charges of driving with a blood-alcohol content over the legal limit. The law has been in effect for nearly 25 years, but it now faces a legal challenge in a lawsuit filed by a nonprofit group called the California DUI Lawyers Association and attorney Steven R. Mandell.

That this law was passed, giving vast administrative powers to the DMV outside the regular legal system, shows the Legislature is geared toward ending our rights. That the administrative edicts still can be challenged in court provides some hope that liberty can be restored, at least a little.

 

 

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  1. LetitCollapse
    LetitCollapse 14 September, 2014, 09:01

    Obama acts like a dictator. Why can’t the rest of them? The fish rots from the head down. Obama can just go in and bomb sovereign nations without permission from anyone. Not the UN. Not Congress. Obama can just declare millions of illegal indigents legal even though polls show that about 75% (3(3 out of 4 for the math challenged) of Americans believe it’s wrong for him to do so without the permission of Congress. Governor Brown can tell immigrants during an open public speech “It doesn’t matter if you have permission to be in the United States. You’re all welcomed in California”, in total contradiction of his sworn oath to uphold the laws.

    We live in a lawless world for the protected classes. Unless you intend to do something about it besides shake your fingers and complain – nothing will change. They don’t care what you say anymore. We’re living in a completely different era where might makes right. Power settles everything. The Constitution and your Bill of Rights are mere window dressing.

    The Patriot Act made it very clear that you only get ‘due process’ if they think you deserve it. And most of your elected congressmen voted in favor of it too. If you think you have ‘inalienable rights’ you must be from the old school.

    Reply this comment
    • Donkey
      Donkey 14 September, 2014, 22:14

      LIC, we are all slaves to the RAGWUS when a bureaucracy is around. 🙂

      Reply this comment
    • Donkey
      Donkey 14 September, 2014, 22:18

      The police in HB killed a teenage girl in the middle of a park and were cleared of no wrong doing, Doug Zerby was murdered without a word being said to him and all the killers were cleared, and of course Kelly Thomas was beat to death by a mash-pit of cops that were all cleared. The RAGWUS is pure evil. 🙂

      Reply this comment
      • LetitCollapse
        LetitCollapse 15 September, 2014, 10:20

        You are correct, Donkey.

        The media goes on and on about how ‘evil’ ISIS is for chopping off human heads. It is being used to incite people to start another war.

        But if I were given 2 choices of how to die: Either to get beaten to death by a band of thugs or to have my head chopped off – I would choose the beheading. It would be quick and a lot less painful.

        How many innocent civilians died in Iraq as a result of our WMD invasion? According to credible sources – hundreds of thousands.

        But nobody talks about that.

        Reply this comment
  2. LetitCollapse
    LetitCollapse 14 September, 2014, 10:23

    There’s a NY Times article that quotes Obama to warn President Assad of Syria not to shoot down US planes that will drop bombs on his country!:D

    That would be like a foreign country dropping bombs on California and warning Obama not to fight back! 😀

    Nothing surprises me anymore.

    And at least half of Americans support Obama’s autocratic decision to bomb Syria without the permission of the UN.

    We’re done.

    Reply this comment
  3. Wolfman
    Wolfman 14 September, 2014, 14:03

    Obama is a imposter

    Reply this comment
  4. LetitCollapse
    LetitCollapse 15 September, 2014, 20:28

    Did you read the stories about the NFL football stars Ray Rice and Adrian Peterson?

    Ray Rice was shown on suveillance video coldcocking his wife in an elevator with a left hook. Layed her out cold. And then dragged her body from the elevator. It’s all on tape. Now if you pulled that crap what are the chances you’d get prosecuted for domestic violence? 100%. Yet the football star wasn’t even arrested. No prosecution. Not even charged even though the cops saw the video. And the cops turned the video over to the NFL 5 months ago. Rice was only suspended for 2 games until the video went viral and with public pressure Goodell suspended him him indefintely.

    Adrian Peterson has been indicted for child abuse. He reportedly brutally beat his 4 year old boy with a “switch” leaving welts and gashes on his body. A doctor examined the boy and reported it. In fact, Peterson admitted to “whooping” the boy. Yet the Minnesota Vikings execs are going to let him suit up for next Sunday’s game.

    I feel like we’ve turned into the old Soviet Union where the rich and the powerful were all immune from punishment routinely imposed upon the common citizen. Where there was no “equality under the law”.

    What the hell has happened to the United States of America? Where is my beloved America that I used to know?

    Reply this comment
  5. Ulysses Uhaul
    Ulysses Uhaul 15 September, 2014, 21:20

    El Collapso…..time for hiatus. You’re wearing us out…..no one reads Byzantine Tomes on CWD.

    Reply this comment
  6. LetitCollapse
    LetitCollapse 15 September, 2014, 22:07

    Yet Donald Sterling, a dementia victim, mouths some unfortunate words in a single sentence to his GF during a private phone conversation and has his team confiscated from him. For mere words. Donald never beat anyone. It was ruled that Donald had dementia and was so incapacitated with dementia that he was unable to make his own decision with regard to the sale of the team that he owned. OTOH, despite being a dementia victim he was still held fully responsible for the words that he chose during a private phone call with his GF. Strange how the justice system works, eh?

    Reply this comment

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John SeilerHarold J. Bermanadministrative law

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