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REPLY TO THREAD
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Subject
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JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
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Original Message
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I posted at a legal forum, and thought I'd post most of it here also. I'm looking for good help there, but here I just want you guys to get a glimpse of judicial oppression.
To make some of what will be posted understandable, a quick explanation of my research thing. We recently moved, and I had to give up my front row seat to a UFO hotspot. Now,when conditions are right, I have to drive a mile or so to get there. Late afternoon into the first hours of night.
It starts with my hubby's DWI. He is now long sober, and it isn't about that anymore. The judge has now targeted me.
I have never met her. But the other official types in the program my husband has to get through, and he almost is - well, they do like me.
So, here is what's happening. Most of my post.
I am the spouse of someone who is in the last phase of his DUI program. My husband got a DUI 1 & 1/2 years ago. There is an interlock device on the car. There have been no infractions. In fact, he hasn't had a drink at all in more than a year and half. He has been doing well, and even getting extra points for things. He has cooperated fully, willingly, and I have been supportive of him and the program.
UNTIL NOW ! Aggggggh! The judge has now had a timer installed in the interlock, and the car is locked down from 6 PM to 6 AM M-F, and all of Saturdays and Sundays for two months. There is no logical reason for this. He's in the final phase, has had no infractions, and this heavy handedness is counterproductive and uncalled for.
BUT, here is where the judge has overstepped in every way.
I am now locked out of use of our only car every night, and all weekends. This is outrageous. This car is my property too, our only car. I have 45 years of a great driving record. I can't work or do my research without the car. I have severe migraines also, and sometimes have to get to the store at strange hours for things I need. Additionally, if we or a pet had an emergency, we'd be s--- up a creek. This happened a few months ago.
My civil liberties are being violated, and my rights to use my property when I want or need to have been removed without cause. The judges's actions, IMO, constitute reckless endangerment, as well as Constitutional problems. Her actions also are financially damaging to me, and pose a real health risk.
Here is the judge's reason for this extreme action.
He has to send in proof of insurance. No problem. He paid early, but couldn't fax in the proof because the court's fax machine was not on. It was a weekend. It was received a day late. It would seem common sense to apologize for not being able to accept it when he tried to fax it, and thank him for trying until it went through. But the judge rheemed him, and put a timer on the interlock for two months without regard to the fact that I have to use the car during the locked up period of time. Also without regard to my health needs. Additionally, if I were somewhere or caught in traffic or stuck in line somewhere before 6 PM, I could find myself stranded in a dark parking lot which is exceedingly dangerous to even think about.
I have been calling the court all week, appealing to some common sense, but have found none residing there so far. One clerk was obnoxious, and tried to make security think I was the problem - which I wasn't. She was yelling at me through a speaker phone, threatened me with security when I tried to ask who could help. When I brought up the Constitution, I was accused of insulting her. But, when security clicked into the conversation- the clerk suddenly became oh so helpful.
Anyway, what should I do? I have to be able to use the car. I am calling the court back tomorrow. Thus far, they don't care if it has put me in harm's way, and is doing uncalled for financial damage.
[link to boards.answers.findlaw.com]
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