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JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION

 
Texas Uncensored
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12/17/2010 02:54 AM
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JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
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]
Anonymous Coward
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12/17/2010 03:06 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
If your name is on the motor vehicle registration, I would expect that you have a leg to stand on. If your name is not on anything legal that illuminates ownership, you're on your own.
Anonymous Coward
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12/17/2010 03:08 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
.

Prison's full of "innocent" people, too.

.
Ashes unplugged
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12/17/2010 03:13 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
Nazi's and they don't care. I would think there would be a way to defeat the system on the car. Where there is a will there is a way.
Anonymous Coward
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12/17/2010 03:18 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
Buy yourself a cheap car.
Texas Uncensored (OP)

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12/17/2010 03:22 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
Nazi's and they don't care. I would think there would be a way to defeat the system on the car. Where there is a will there is a way.
 Quoting: Ashes unplugged 1115888



There should be, but I don't want to jeapordize him. I made it clear in one call that I had up until now, supported the program, the judge, and my hubby. but that if they didn't remove the timer lock, I would no longer do that. And, that I would do all that I could to get around the illegal unconstitutional actions.

I haven't yet mentioned that Civil Rights lawyers are more likely to do a pro bono on a case like this because they can make a name for themselves. Another tool would be taking the story to the media here.

I did mention in my message to them on Thursday that I expected a solution and the removal of the timer tomorrow.
Texas Uncensored (OP)

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12/17/2010 03:25 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
Buy yourself a cheap car.
 Quoting: Anonymous Coward 776713



My husband is on unemployment. We can't afford any extra fees that go along with a second car. We can't really afford to spring for a car either. A clunker is not safe for a woman either.

But, we may have to do it. I'm not going to allow these Gestapo tactics against the innocent (me) to go unanswered in some way.
Texas Uncensored (OP)

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12/17/2010 03:25 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
More than a triple post. WTF

Last Edited by Texas Uncensored on 12/17/2010 03:27 AM
Texas Uncensored (OP)

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12/17/2010 03:25 AM
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deleted triple post

Last Edited by Texas Uncensored on 12/17/2010 03:26 AM
Texas Uncensored (OP)

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12/17/2010 03:25 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
deleted other part of triple post.

Last Edited by Texas Uncensored on 12/17/2010 03:26 AM
Judeth

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12/17/2010 03:34 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
7491t9hiya TU. Ain't life a bitch with modern technology. But like someone just said who's name is on the pink slip? I hope things work out for you. I guess from now on it will be one drinks and the other drives, or take a taxi.

Last Edited by Judeth on 12/17/2010 03:35 AM
Anonymous Coward
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12/17/2010 03:35 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
My first piece of advice would be to talk to an Texas lawyer for credible advice.
Second: Most of your questions about what the judge can do are at this link (IMO):
[link to law.onecle.com]

It says the interlock can be placed on a vehicle owned by the defendant or the vehicle most regularly driven by the vehicle. So you may have to live with the timer if that is the vehicle he regularly drives.
It might, if possible, be an idea to get a second vehicle registered in your name that he does not regularly drive. I don't see where the court would be able to force any sanction on you. (Unless of course you let him drive it and gets caught.) But that's just an opinion and I refer you to my first piece of advice. I have know idea of any particular case law that might contradict the law linked.
Anonymous Coward
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12/17/2010 03:39 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
My first piece of advice would be to talk to an Texas lawyer for credible advice.
Second: Most of your questions about what the judge can do are at this link (IMO):
[link to law.onecle.com]

It says the interlock can be placed on a vehicle owned by the defendant or the vehicle most regularly driven by the defendant. So you may have to live with the timer if that is the vehicle he regularly drives.
It might, if possible, be an idea to get a second vehicle registered in your name that he does not regularly drive. I don't see where the court would be able to force any sanction on you. (Unless of course you let him drive it and gets caught.) But that's just an opinion and I refer you to my first piece of advice. I have know idea of any particular case law that might contradict the law linked.
 Quoting: Anonymous Coward 1142115


Corrected a boo boo.
Anonymous Coward
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12/17/2010 03:49 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
Not going to read the text wall. However yeah the whole fucking system is rigged. Play by the rules you are screwed. Unless you are in the right bloodline than you can break the rules or if you have enough cash.

It's a load of shit.
Anonymous Coward
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12/17/2010 03:50 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
The system has engulfed your situation. Situation solution. Join system make money off others misfortunes OR fight the system and be joined by everyone that has a conscience.
Anonymous Coward
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12/17/2010 03:51 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
.

Prison's full of "innocent" people, too.

.
 Quoting: Anonymous Coward 1182905


Considering how the US legal system operates, that's not a surprise.
Anonymous Coward
User ID: 875736
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12/17/2010 03:55 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
Mother's Against Drunk Driving have done more to
destroy American than all terrorist organizations
combined.
Texas Uncensored (OP)

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12/17/2010 03:58 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
7491t9hiya TU. Ain't life a bitch with modern technology. But like someone just said who's name is on the pink slip? I hope things work out for you. I guess from now on it will be one drinks and the other drives, or take a taxi.
 Quoting: Judeth



I don't drink. He doesn't drink. He's been sober for more than a year and a half. The interlock blow thing has been on the car for a long time. It malfunctions sometimes, but there haven't been any infractions at all.
So, as he has been smooth sailing through the program, there is no excuse for the heavy handed tactics of the judge towards him.
And there is no excuse for preventing me from using my property whenever I choose to drive. My driving record of 45 years is excellent.

While the judge can decide to be tyrannical with him, she can not take my rights away to suit her mood.

Last Edited by Texas Uncensored on 12/17/2010 03:58 AM
Anonymous Coward
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12/17/2010 04:01 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
Get an address in the closest state that is not a common property state for married couples.

Take the car there, and register it. Then get plates
on it from the other state and get your license there too.

If his name is on the title, have him sell it to you,
and get his name off.

Make copies of your license, the title, new address, etc., with an order to show cause why the state of Texas should have the apparatus on your car as you are the only driver,
you live in another state and you have no DUI history.

They will have to take it off.

I highly recommend AZ, as your closest state.
On line services are excellent for DMV, after initial
transfer, registration is cheap, license too.

AZ also does not sign agreements with other states that will impact your license.
Texas Uncensored (OP)

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12/17/2010 04:03 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
My first piece of advice would be to talk to an Texas lawyer for credible advice.
Second: Most of your questions about what the judge can do are at this link (IMO):
[link to law.onecle.com]

It says the interlock can be placed on a vehicle owned by the defendant or the vehicle most regularly driven by the vehicle. So you may have to live with the timer if that is the vehicle he regularly drives.
It might, if possible, be an idea to get a second vehicle registered in your name that he does not regularly drive. I don't see where the court would be able to force any sanction on you. (Unless of course you let him drive it and gets caught.) But that's just an opinion and I refer you to my first piece of advice. I have know idea of any particular case law that might contradict the law linked.
 Quoting: Anonymous Coward 1142115



Is that you, D.? Thanks. I will head for the link. If the device had some way for it to determine who is driving, could lock him out, and let me drive, that would be one thing. But to lock the innocent away from using what is also my property can't be legal.
IMO, it's reckless endangerment, a violation of my civil liberties, and violates joint property use law at the very least.
Texas Uncensored (OP)

User ID: 1197929
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12/17/2010 04:06 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
Get an address in the closest state that is not a common property state for married couples.

Take the car there, and register it. Then get plates
on it from the other state and get your license there too.

If his name is on the title, have him sell it to you,
and get his name off.

Make copies of your license, the title, new address, etc., with an order to show cause why the state of Texas should have the apparatus on your car as you are the only driver,
you live in another state and you have no DUI history.

They will have to take it off.

I highly recommend AZ, as your closest state.
On line services are excellent for DMV, after initial
transfer, registration is cheap, license too.

AZ also does not sign agreements with other states that will impact your license.
 Quoting: Anonymous Coward 875736


A title change from his name to mine would be seen as a violation of his agreement.

But, I told him tonight that if the judge won't get off of my back, it's time to move away from her jurisdiction, and screw the program.
Anonymous Coward
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12/17/2010 04:25 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
My first piece of advice would be to talk to an Texas lawyer for credible advice.
Second: Most of your questions about what the judge can do are at this link (IMO):
[link to law.onecle.com]

It says the interlock can be placed on a vehicle owned by the defendant or the vehicle most regularly driven by the vehicle. So you may have to live with the timer if that is the vehicle he regularly drives.
It might, if possible, be an idea to get a second vehicle registered in your name that he does not regularly drive. I don't see where the court would be able to force any sanction on you. (Unless of course you let him drive it and gets caught.) But that's just an opinion and I refer you to my first piece of advice. I have know idea of any particular case law that might contradict the law linked.



Is that you, D.? Thanks. I will head for the link. If the device had some way for it to determine who is driving, could lock him out, and let me drive, that would be one thing. But to lock the innocent away from using what is also my property can't be legal.
IMO, it's reckless endangerment, a violation of my civil liberties, and violates joint property use law at the very least.
 Quoting: Texas Uncensored


No -not D just a fluffy little AC. I get where you're coming from and agree the the treatment seems hard handed.
The only other suggestion I can offer is to request for a hearing before the judge for a modification of the conditions citing the hardships medical and otherwise. A judge has a great deal of latitude and may entertain it if he/she feels you have standing.
To declare a residency in another state and not living there implies an unsworn falsification of fact in the submission of your documents. Do so at your own risk and eyes open. Just sayin'
Texas Uncensored (OP)

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12/17/2010 04:43 AM
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Re: JUDGE TRAMPLES MY RIGHTS * JUDICIAL OPPRESSION
My first piece of advice would be to talk to an Texas lawyer for credible advice.
Second: Most of your questions about what the judge can do are at this link (IMO):
[link to law.onecle.com]

It says the interlock can be placed on a vehicle owned by the defendant or the vehicle most regularly driven by the vehicle. So you may have to live with the timer if that is the vehicle he regularly drives.
It might, if possible, be an idea to get a second vehicle registered in your name that he does not regularly drive. I don't see where the court would be able to force any sanction on you. (Unless of course you let him drive it and gets caught.) But that's just an opinion and I refer you to my first piece of advice. I have know idea of any particular case law that might contradict the law linked.



Is that you, D.? Thanks. I will head for the link. If the device had some way for it to determine who is driving, could lock him out, and let me drive, that would be one thing. But to lock the innocent away from using what is also my property can't be legal.
IMO, it's reckless endangerment, a violation of my civil liberties, and violates joint property use law at the very least.


No -not D just a fluffy little AC. I get where you're coming from and agree the the treatment seems hard handed.
The only other suggestion I can offer is to request for a hearing before the judge for a modification of the conditions citing the hardships medical and otherwise. A judge has a great deal of latitude and may entertain it if he/she feels you have standing.
To declare a residency in another state and not living there implies an unsworn falsification of fact in the submission of your documents. Do so at your own risk and eyes open. Just sayin'
 Quoting: Anonymous Coward 1142115


Well, thanks fluffy little AC. LOL I am hoping that speaking with her direct assistant might achieve a breath of fresh air and some common sense. As hubby hasn't had any infractions, and has earned extra points, and promoted to final phase, this action is shocking and exceedingly harsh. If she wanted to come down hard, she should've have done it last year when the blow thing had only been on for a little while.

But to do it now is to invite push back on our parts.

I'm not into falsifying anything. And I did tell one of the assistants that I hoped they wouldn't push us into having to go around them, but that if forced to do so, I would. and that I hoped we could work out a solution.
I left a message that that solution needs to be today.

To do this without just cause at Christmas is outrageous.

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