Tuesday, August 4, 2015

The DMV secretly files accusations on Driving License records without any Notice...



In this case, the DMV secretly filed accusations on Driving License records, without any Notice of accusations to the licensee. Such accusations on the driving license report benefit auto insurance companies as they can charge more for auto insurance. 
California's licensing agencies are taking away people Rights even without the bare minimum requirements of the Due Process. No notice of accusations, no need for hearing.

What is Due Process

The United States Judges have repeatedly offered guidelines on the definition of the Due Process. The bare minimum requirement of the Due Process are a Notice and opportunity for hearing as noted the Supreme Court. For example
Many controversies have raged about the cryptic and abstract words of the Due Process Clause but there can be no doubt that at a minimum they require that deprivation of life, liberty or property by adjudication be preceded by notice and opportunity for hearing appropriate to the nature of the case. Mullane, Special Guardian, v. Central Hanover Bank & Trust Co., Trustee, et al. 339 U.S. 306 (1950)
The purpose of the Due Process is to promote Access to Justice and to prevent undue injury to American people especially by the State agencies. Although the Due Process does not guarantee Justice it does offer a possibility of Justice. 

In wild west culture, the rogue cartels, held meeting in a room next to a bar, without any Notice to the other party, and issued orders to take away people's Right. People could not contest the accusations because they did not even know about the secret accusations. 

Legal Question before Ninth Circuit Court of Appeals


The DMV filed an additional accusation of “Lack of Knowledge or skill” on
plaintiff’s driving license records without his knowledge. The DMV made those
records available to public and to auto insurance corporations without any
Notice to plaintiff.
Does the DMV has a mandatory duty, in order to satisfy the Due Process
Clause(s), to issue a written Notice to plaintiff?




Link - Supplementary Brief 
(Ninth Circuit Case Number: 14-16858, Plaintiff' Supplementary Brief - Docket #21- Rehan Sheikh v Brian Kelly) 

Previous articles on this case - Driving License Suspension 
Link - Motion to Strike unsigned order of Driving License suspension unlawful

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