I Love going to court....honest....

[intergraph19]

I figured this would be the best place to vent my fury at the State and it's joke of a court system.  For those who don't know, let me enlighten.  I got caught driving under suspension last month.  Did not know it was suspended (long story there two, but no, I did not do anything bad to get suspended.) because it took the state a month and a half to deliver my notice, which got to me, two or three days after I got pulled over.

Went to court yesterday, was counciled to plead Nolo, cause I know NOTHING of legal stuff at all, and I didn't really have anyone to ask.  Should have plead Not Guilty, but what do I know?  Why do they let blonds in the courtroom anyway?  At any rate, the "fine" is $600.00!!!  Well, since I couldn't pay the fine right then and there, I had to come back for another hearing later that day.     Now, this is where it gets good, they were useing extortion tactics to get me to pay!  The judge was demanding that I borrow the money from someone or use a credit card and that if I didn't pay by 9am today, I would go to jail!  uh huh...

Well, I did NOT pay them the $600.00, nor will I pay them.  Kiss my behind.  I went to another hearing today and the judge told me that if I didn't pay the $600.00 by Feb 10th I migth as well "bring your toothbrush, cause you're going to jail for 10-12 days."  Since when does the court resort to these kind of tatics?  In any case, they are not getting my money, period. 

The real kicker is the case that was before mine today.  A trio of 17-18 year old kids were accused and found guilty of grafitti.  They got community service for doing 2,000+ dollars of damage to someone's acctual property, and they got community service.  I did not damage anyone's property, nor did I endanger the public in any way, but they can't wait to get my money.  Oh, I really want to fix some of this crap.

I have no fear that they will put me in jail, they will have to make me preform community service.  Makes me livid, and I hate not knowing much about law at all.  Well, I know old Matlock reruns, but that doesn't help much I think.  ^_^

[Lex]

What good is knowing the law if the government doesn't abide by those laws?

[intergraph19]

What good is knowing the law if the government doesn't abide by those laws?

...let a girl dream! ^_^

You are right but at the moment, they tend to prey on people like me simply because we don't know our rights in these situations.  If you have lawer, or at least know the law, they are more reluctant to mess with you.  They prey on ignorance, which I'm afraid I must plead in this case. 

[Thespis]

Wow, you've had a sucky couple of weeks.

From what I understand, pleading no-lo (sp?) is essentially saying you're guilty, but you're asking the court to forgive the charges.

Stick to your guns, hopefully they will just give you the community service.

[hook]

Why would you plead nolo?

If you did not know your license was suspended, then your license was not suspended. Notice is an essential part of due process.

Perhaps a motion to withdraw your plea is in order.

[Thespis]

If you did not know your license was suspended, then your license was not suspended. Notice is an essential part of due process.

It doesn't matter. When it comes to the government "ignorance is no excuse."

[hook]

If you did not know your license was suspended, then your license was not suspended. Notice is an essential part of due process.

It doesn't matter. When it comes to the government "ignorance is no excuse."

Sure it does. Notice is an essential part of due process which is spelled out in the NH Constitution(Article 15). License suspension requires notification and opportunity for a hearing. Barring that, there is no suspension.

She doesn't mention who counciled her, but I would bet it was the prosecutor. If he did not question her about the notification and hearing requirement and enticed her to plead the way she did, that prosecutor could be guilty of misconduct.

[president]

http://www.l5development.com/wfredk/NHJailPositionPaper.php

On February 22, 2000, a "jury of my peers" found me guilty - of the heinous crime of DRIVING. It's a felony, in case you're not aware of it. There are no accidents involved, no injuries, no property damage, not even any "driving while intoxicated" charges. In essences, I have committed no crime except through a legal fiction - There are no victims as a result of my actions. However, the government of the State of New Hampshire is now demanding that I spend at least a year in jail - while burglars, batterers, child molesters, even killers, are slapped on the wrist and sent home.

[intergraph19]

Why would you plead nolo?

If you did not know your license was suspended, then your license was not suspended. Notice is an essential part of due process.

Perhaps a motion to withdraw your plea is in order.

I asked about that.  They originally sent it to my old address, so they said it was my fault it went to the wrong place first because I didn't tell the state I had moved.  However, the insurance information I sent them when I renewed did have my new address on it, but I couldn't prove that.  So I had no real evidence that it was the states fault.  Then AFTER the hearing the clerk started writing my old address on the form, when everything I had given them had my new one on it, as did my license, and I still have that piece of paper with her mistake on it, proving that the state can't seem to update thier info. I'm thinking of reversing that plea on that evidence, but I don't really know what i can do. 

[hook]

http://www.l5development.com/wfredk/NHJailPositionPaper.php

On February 22, 2000, a "jury of my peers" found me guilty - of the heinous crime of DRIVING. It's a felony, in case you're not aware of it. There are no accidents involved, no injuries, no property damage, not even any "driving while intoxicated" charges. In essences, I have committed no crime except through a legal fiction - There are no victims as a result of my actions. However, the government of the State of New Hampshire is now demanding that I spend at least a year in jail - while burglars, batterers, child molesters, even killers, are slapped on the wrist and sent home.

And this is relevant, how?

[president]

Mike  ???

That is the path she is going down. Click the link, and read, muthafuka!

[president]

So, are you still driving around 

[Lloyd Danforth]

If you did not know your license was suspended, then your license was not suspended. Notice is an essential part of due process.

It doesn't matter. When it comes to the government "ignorance is no excuse."

I don't think this is the 'ignorance' ther refer too when they say that.

[Dreepa]

Click the link, and read, muthafuka!

lol  that is the prez I like to read.

[hook]

Why would you plead nolo?

If you did not know your license was suspended, then your license was not suspended. Notice is an essential part of due process.

Perhaps a motion to withdraw your plea is in order.

I asked about that.  They originally sent it to my old address, so they said it was my fault it went to the wrong place first because I didn't tell the state I had moved.  However, the insurance information I sent them when I renewed did have my new address on it, but I couldn't prove that.  So I had no real evidence that it was the states fault.  Then AFTER the hearing the clerk started writing my old address on the form, when everything I had given them had my new one on it, as did my license, and I still have that piece of paper with her mistake on it, proving that the state can't seem to update thier info. I'm thinking of reversing that plea on that evidence, but I don't really know what i can do. 

It seems like enough evidence to prove you weren't notified of the proposed suspension.

Did the judge have you sign a waiver of rights before accepting your plea?