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Latest post 06-26-2009 7:50 AM by laryholland. 400 replies.
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Anonymous Citizen


- Joined on 11-22-2008
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How about a class action lawsuit
to get our money back? If this law is so unconstitutional, someone step up and I'll join in. I want my grand back.
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Anonymous Citizen


- Joined on 11-22-2008
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2003 Senate Bill 509 (Impose "driver responsibility fees" ) (Senate Roll Call 371)
Passed in the Senate (32 to 4) on July 15, 2003, to concur with the House version of the bill, which does not include the provision allowing a driver subject to the fees the option to choose to undergo a driver improvement course to avoid them. The House version also reserves some of the fee revenue from the fees to pay local governments for fire protection services provided to state buildings. [History, Amendments & Comments]
The vote was 32 in favor, 4 opposed, and 2 not voting
(Senate Roll Call 371 at Senate Journal 68)
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[Comment on this vote | View others' comments]
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Vote
Support Support
Oppose Oppose
Not Voting Not Voting
Undecided
Legislators (Republican)
9010 90%
100 0%
991 9%
22 total votes
Legislators (Democrat)
7525 75%
2575 25%
100 0%
16 total votes
Voters
100 0%
100 100%
100 0%
1 total vote
What do you think? Support Oppose Undecided (logon required)
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The following legislators supported 2003 Senate Bill 509 (Impose "driver responsibility fees" ):
Allen (R) Barcia (D) Basham (D) Bernero (D) Birkholz (R) Bishop (R)
Brater (D) Brown (R) Cassis (R) Cherry (D) Clark-Coleman (D) Cropsey (R)
Garcia (R) George (R) Gilbert (R) Goschka (R) Hammerstrom (R) Hardiman (R)
Jacobs (D) Jelinek (R) Kuipers (R) McManus (R) Olshove (D) Patterson (R)
Prusi (D) Sanborn (R) Schauer (D) Stamas (R) Switalski (D) Thomas (D)
Toy (R) Van Woerkom (R)
The following legislators opposed 2003 Senate Bill 509 (Impose "driver responsibility fees" ):
Clarke (D) Emerson (D) Leland (D) Scott (D)
The following legislators did not vote on 2003 Senate Bill 509 (Impose "driver responsibility fees" ):
Johnson (R) Sikkema (R)
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Comments
Received in the Senate on July 3, 2003. Passed in the Senate (32 to 4) on July 15, 2003. New Comment
1) Sen. Leland's "no vote explanation" [by Admin003 on July 31, 2003]
Senator Leland, under his constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House Substitute and moved that the statement he made during the discussion of concurring in the House Substitute be printed as his reason for voting "no."
The motion prevailed.
Senator Leland's statement is as follows:
I'm going to vote "no" on this bill now, and I would hope that most of my colleagues would vote "no." I think what we're going to end up doing here is we're going to end up with a lot of drivers now who are going to be driving with no license. These folks who are going to be tagged with this fine are going to be hit twice. I think it's unfair. Some folks will have to drive for whatever their reasons are, and if they have to pay this additional money to restore or to keep their driver's license, they're going to end up driving on the streets with no driver's license. It is what it is.
Again, I think that it's unfortunate that we are passing a law that says that justice is for those who can afford to pay the price. I don't think that people who necessarily have bad driving records are driving worse than other folks. They're just stuck in a situation where they're helpless, they can't get out, and they don't know how to use the system or manipulate the system.
I think this is a bad bill. I tried to make it a better bill with my amendment. As I indicated, my amendment would have sent them to driving school as an option. The purpose of this bill is to make better drivers. We're not making better drivers in this bill by sticking it to them financially, and we're sticking it to the people who are on the low end of the scale, who are the folks who can least afford it. I think this is very unfortunate, and I'm sorry that my colleagues don't agree with me. Please vote "no" on this bill.
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Anonymous Citizen


- Joined on 11-22-2008
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To many people makes the IQ go down.
With all the crap they have to try to factor together. They forgot some good ones. The F.O.C. or MiSDU, is already suspending driving Rights. For "Deadbeat" dads. You wanna talk about a vicious circle.
Dad looses job, Dad falls behind in support. Unemployment keeps dad Just Over Broke. Police pick dad up for child support warrant. Judge suspends dads driving rights until his support is current. Dad cannot find employment, has to leave Michganistan to find work. Dad cannot get a license in another state, due to F.O.C. suspension . And gets pulled over. Has car impounded and gets to goto jail for driving on a suspended license. Now dad is paying fines in two states. And two counties. Grand total, 4000.00$, and counting. Cannot forget court costs. Meanwhile, Child support is due on the first.
Thanx for really thinking this one threw. I hope it stimulated enough money for the fire departments. Because, houses are still burning down. And will keep burning down. I mean, not even a psychic fireman can predict when an accident will happen. Wait, aren't most of them volunteers anyway? How much does a volunteer get paid. Cause, I mean, now I need a place to live, something to eat, a way to pay my child support. And a way to get back and forth to my job!
Stranded in Ohio.
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Anonymous Citizen


- Joined on 11-22-2008
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Right to Travel
DESPITE ACTIONS OF POLICE AND LOCAL COURTS,
HIGHER COURTS HAVE RULED THAT AMERICAN CITIZENS
HAVE A RIGHT TO TRAVEL WITHOUT STATE PERMITS
By Jack McLamb (from Aid & Abet Newsletter)
For years professionals within the criminal justice system have acted on the belief that traveling by motor vehicle was a privilege that was given to a citizen only after approval by their state government in the form of a permit or license to drive. In other words, the individual must be granted the privilege before his use of the state highways was considered legal. Legislators, police officers, and court officials are becoming aware that there are court decisions that disprove the belief that driving is a privilege and therefore requires government approval in the form of a license. Presented here are some of these cases:
CASE #1: "The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived." Chicago Motor Coach v. Chicago, 169 NE 221.
CASE #2: "The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness." Thompson v. Smith, 154 SE 579.
It could not be stated more directly or conclusively that citizens of the states have a common law right to travel, without approval or restriction (license), and that this right is protected under the U.S Constitution.
CASE #3: "The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment." Kent v. Dulles, 357 US 116, 125.
CASE #4: "The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right." Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.
As hard as it is for those of us in law enforcement to believe, there is no room for speculation in these court decisions. American citizens do indeed have the inalienable right to use the roadways unrestricted in any manner as long as they are not damaging or violating property or rights of others. Government -- in requiring the people to obtain drivers licenses, and accepting vehicle inspections and DUI/DWI roadblocks without question -- is restricting, and therefore violating, the people's common law right to travel.
Is this a new legal interpretation on this subject? Apparently not. This means that the beliefs and opinions our state legislators, the courts, and those in law enforcement have acted upon for years have been in error. Researchers armed with actual facts state that case law is overwhelming in determining that to restrict the movement of the individual in the free exercise of his right to travel is a serious breach of those freedoms secured by the U.S. Constitution and most state constitutions. That means it is unlawful. The revelation that the American citizen has always had the inalienable right to travel raises profound questions for those who are involved in making and enforcing state laws. The first of such questions may very well be this: If the states have been enforcing laws that are unconstitutional on their face, it would seem that there must be some way that a state can legally put restrictions -- such as licensing requirements, mandatory insurance, vehicle registration, vehicle inspections to name just a few -- on a citizen's constitutionally protected rights. Is that so?
For the answer, let us look, once again, to the U.S. courts for a determination of this very issue. In Hertado v. California, 110 US 516, the U.S Supreme Court states very plainly:
"The state cannot diminish rights of the people."
And in Bennett v. Boggs, 1 Baldw 60,
"Statutes that violate the plain and obvious principles of common right and common reason are null and void."
Would we not say that these judicial decisions are straight to the point -- that there is no lawful method for government to put restrictions or limitations on rights belonging to the people? Other cases are even more straight forward:
"The assertion of federal rights, when plainly and reasonably made, is not to be defeated under the name of local practice." Davis v. Wechsler, 263 US 22, at 24
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 US 436, 491.
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, at 489.
There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherer v. Cullen, 481 F 946
We could go on, quoting court decision after court decision; however, the Constitution itself answers our question - Can a government legally put restrictions on the rights of the American people at anytime, for any reason? The answer is found in Article Six of the U.S. Constitution:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof;...shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or laws of any State to the Contrary not one word withstanding."
In the same Article, it says just who within our government that is bound by this Supreme Law:
"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution..."
Here's an interesting question. Is ignorance of these laws an excuse for such acts by officials? If we are to follow the letter of the law, (as we are sworn to do), this places officials who involve themselves in such unlawful acts in an unfavorable legal situation. For it is a felony and federal crime to violate or deprive citizens of their constitutionally protected rights. Our system of law dictates that there are only two ways to legally remove a right belonging to the people. These are:
1. by lawfully amending the constitution, or
2. by a person knowingly waiving a particular right.
Some of the confusion on our present system has arisen because many millions of people have waived their right to travel unrestricted and volunteered into the jurisdiction of the state. Those who have knowingly given up these rights are now legally regulated by state law and must acquire the proper permits and registrations. There are basically two groups of people in this category:
1. Citizens who involve themselves in commerce upon the highways of the state. Here is what the courts have said about this: "...For while a citizen has the right to travel upon the public highways and to transport his property thereon, that right does not extend to the use of the highways...as a place for private gain. For the latter purpose, no person has a vested right to use the highways of this state, but it is a privilege...which the (state) may grant or withhold at its discretion..." State v. Johnson, 245 P 1073. There are many court cases that confirm and point out the difference between the right of the citizen to travel and a government privilege and there are numerous other court decisions that spell out the jurisdiction issue in these two distinctly different activities. However, because of space restrictions, we will leave it to officers to research it further for themselves.
2. The second group of citizens that is legally under the jurisdiction of the state are those citizens who have voluntarily and knowingly waived their right to travel unregulated and unrestricted by requesting placement under such jurisdiction through the acquisition of a state driver's license, vehicle registration, mandatory insurance, etc. (In other words, by contract.) We should remember what makes this legal and not a violation of the common law right to travel is that they knowingly volunteer by contract to waive their rights. If they were forced, coerced or unknowingly placed under the state's powers, the courts have said it is a clear violation of their rights. This in itself raises a very interesting question. What percentage of the people in each state have applied for and received licenses, registrations and obtained insurance after erroneously being advised by their government that it was mandatory?
Many of our courts, attorneys and police officials are just becoming informed about this important issue and the difference between privileges and rights. We can assume that the majority of those Americans carrying state licenses and vehicle registrations have no knowledge of the rights they waived in obeying laws such as these that the U.S. Constitution clearly states are unlawful, i.e. laws of no effect - laws that are not laws at all. An area of serious consideration for every police officer is to understand that the most important law in our land which he has taken an oath to protect, defend, and enforce, is not state laws and city or county ordinances, but the law that supersedes all other laws -- the U.S. Constitution. If laws in a particular state or local community conflict with the supreme law of our nation, there is no question that the officer's duty is to uphold the U.S. Constitution.
Every police officer should keep the following U.S. court ruling -- discussed earlier -- in mind before issuing citations concerning licensing, registration, and insurance:
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. US, 230 F 486, 489.
And as we have seen, traveling freely, going about one's daily activities, is the exercise of a most basic right.
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Anonymous Citizen


- Joined on 11-22-2008
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realizing the truth too late
If you remember The Detroit News supported DeVos and the Free Press backed Granholm. Now with this and her thankfully failed "tax everything" plan the Free Press stated that she was "not the candidate they thought she was." Read between the lines- she lied to us all! Unfortunately it's too late do anything about it now. I still can't believe she won. I am still convinced that the only reason she did win was because of Bush. The Democratic takeover of the House and Senate in Washington was America sending a mesage to Bush. If Kerry would have won in 2004, Granholm wouldn't have anyone to blame Michigan's problems on, and I am convinced that DeVos would be governor today. No Bush and no Granholm would have made a better Michigan and America, PERIOD! If you dissagree, that's fine. YOU"RE WRONG!!!
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Anonymous Citizen


- Joined on 11-22-2008
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well, i wrote to Representative Tom Pearce
73rd House District about this bill and his efforts and here is his response
Michael, I thank you for your message. Late last session, I was named co-chair of the House Transportation Subcommittee on Driver Responsibility. On December 13, we held our first, and only, hearing on the program. As we have since entered into a new session, that former subcommittee no longer exists. I have, however, continued meeting with the Department of Treasury and the Office of the Secretary of State in an attempt to further legislation to help those most affected by the program. Many ideas have been brought to the table, but with the state's current budget deficit, it seems unlikely that this program will be eliminated. I will keep your comments in mind as we proceed with our review of legislation possibilities.
Could I also please have your home mailing address for my office records? Thank you.
Looking Forward and Up,
Representative Tom Pearce
73rd House District
What a bunch of crap!!! Because Jenny and the other fine politicians cant create a working financial plan our constitutional rights get trampled on?? Im ready to say screw this state and rent a one way truck along with the rest of the sane thinking people!!
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Anonymous Citizen


- Joined on 11-22-2008
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In the next 20 years michigan will becom a Prison or college state only(if your not in cp;;ege your in prison or jail) Did You KNOW?? That Michigan has more jails/prisons than any state in the counrty, OR THE WHOLE WORLD for that matter ??
and if laws like this stick around making honest hard working citizens into Criminals and fellons ,Michigan will continue to have the world record for the most jails, courthouses and prisons
and once your in their sytem, you can never leave. Everyone Needs to do somthing about this
Or Nothing will ever change , the government will hold all the power because we "decided" to do nothing,and let the government take the steeting wheel its your state ,its your home, its your childrens home too. do you want to live in constant fear of your next fine from the government for breaking a simple trafic law(misdimeaner) and paying FELLON consiqunces
Or do think this should be a free and fair country the way our founding fathers intened its only Really "WE THE PEOPLE" if the we the people get involed and watch what our government is doing, so that it dosn't become a competitor in our economy , in doing so opens the door to communist practices, because we let the government run the government and not "WE THE PEOPLE" only we the people will suffer, because crimes will be commited because the goverment decied you were one upon breaking a misdimener trafic law that could cost you the right to drive ,wich in turn will cost you your job , and because u need transportation to make money , and u need money to pay outsatnding fines, you will never . ever have that Opportunity in "the land of oportunity again, your only choice is crime and welfare ,unless somehow you have a revolutionary way to recive money as a gift in the mail over and over again, without having transportation or a job i would like to hear it. unless of course your jennifer granholm. because i dont belive in her way of collecting from hard working michiganders because they need to drive to get to work, just seems a little?? unfair?.
YOU know what u need to do, contact state legislate/ about this let them know u think this is unfair and outraged that the goverment would pull a trick like this u can Also pettition to the state legislature at the LINKS ON THE LEFT OF THIS POST do somthing about this or watch your home state and all its hope and oportunitys for economic recovery Die and suffocate and wither away in the next 10 years
and become nothing but a prison and criminal state where everyone has some kind of inditment with the law, no matter how honest or hardworking they really are , very sad really is.. our home is being destoryed out of negligance to watch our government, vote , let the legislate know what u think, BE INFORMED DO! SAVE OUR GREAT STATE before its too late and we are all a criminal (links on the left....)http://www.michiganvotes.org/Find.aspx
(links on the left...)http://www.michiganvotes.org/Legislator.aspx
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Anonymous Citizen


- Joined on 11-22-2008
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if you are leaving the state,
then you are not doing everything in your power to change this law, as you claim.
the only hope for seeing this law changed is for people who are committed to living in Michigan to raise absolute Hell with their representatives in te legislature over it.
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Anonymous Citizen


- Joined on 11-22-2008
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expired liscence cost 410.00
got caught for having an expired licsence no suspension or any other trouble. Paid a late fee when I renewed my licsence, paid 100.00 dollar ticket, 150.00 drs fee and now still owe 150.00 for my second year. I cant afford to stick by michigan. Michigan don't care about its people just their money.
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devildog2033


- Joined on 11-22-2008
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Stupidity should be painful
If you're too stupid to renew your license before it expires, and you insist on blaming someone else then you have issues.
Typical right-wing whiner.
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Anonymous Citizen


- Joined on 11-22-2008
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yes, its stupid to let your license lapse
But should it cost hundred of dollars in penalties as a result? I don't think so, and it doesn't matter whether I am a left or right winger.
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