Season 1- Episode 6 - NEW JERSEY Graduate Students Practice Law Without License -NO WAY!

Chris H  0:14  
Welcome, supporters of driver's license suspensions argue that a driver's license is a privilege and that if you do not pay your child support, then the state could revoke your license. The critics of driver's license special state that, well, if you take the driver's license, then you cut off the ability for that Father, which they call obligor. To earn an income. Well, this issue was decided by the case called colanders. 

Versus Department of Motor Vehicle in New Jersey. He was argued by the law firm David Perry Davis. In the decision of this case, Judge Mary Jacobson. His opinion, which is 187 pages, stated that the automatic suspension of driver's privileges violates the due process, as well as the fundamental fairness. And she further are, in our opinion states that New Jersey should provide a process in which to eliminate this practice within the next 120 days. 

And if there are any fathers who are caught in this process of driver's eye suspension, New Jersey must provide them one an opportunity to be noticed in to they should provide legal counsel. Here's the letter that started this process. It has the Governor Christie on it in New Jersey, and Michelle Miller, who was the acting director over by the right side of the letter, and Raymond Martinez is the partner motor vehicle Commissioner. Next is the letter that shows as of April 1 2019, New Jersey no longer practices, what is called the automatic suspension of driver's license as a result of non payment of child support. This time, Miss Michelle Miller is now the director. 

Hello, my name is Chris. And on this channel, we show that the child support process violates your rights. And we provide suggestions and tips for you to fight those rights. In this case, we will review the coven das versus DMV. On this channel, we provide education on legal writings, both public and private decisions, case laws, we review statutes and regulations. We also provide templates. 

This is our non lawyer Maxim. As we've said in our channel in many, many of our videos, that the practice of law cannot be licensed by the state. And in this example of NAACP versus buttons, a non lawyer can actually assist individual or group with their court cases. The what we're saying is on this channel, we provide you with education regarding the law, we're not your lawyer, we just provided a game that you could use in your child support case. 

At the end of this presentation, we have what is called a call to action where we provide you tips and suggestions if you are one of those fathers who are trapped within the both the DMV process and the child support process. So let's begin. Let's review the case. The suspension of license in general. Its statute is 22 CFR 5170 basically outlines the procedures for revocation of license. The Department of Motor Vehicle does not have what is called immunity from a lawsuit. Again, they're an agency of of the state

Chris H  4:34  
enforcement and suspensions of license. It also falls under another section of the statute called section 466, a 16 as well as 42 USC 666 of the Social Security Act. Here it outlines the details. First, all 50 states should have what is called an administrative or statutory process. What is suspend restriction or revoking of license each state impose its own triggering criteria. That is, at what point do you issue the process or start to process for suspension of license due to failure to pay or not not paying child support. 

Next, this affects all professional license, occupational license, recreational license, as well as passport. While this process is in place, due process of rights must be included. Let's look at New Jersey itself in a statute. As the the federal regulation says it is a statutory requirement within the state. On the screen, there is New Jersey in the public law for New Jersey is to a 17 dash 56.41. 

It is a judicial process. And here are the requirements. After six months of non payment of child support or arrears, they start a suspension process, they give you 30 days notice in a certified mail, and give you 30 days in which to challenge that. On the screen there is New Hampshire, which is also an administrative process in New York. That's a judicial process. We have said here on this channel and many plays, you need to know which jurisdiction you are in. 

Are you in Article One? Or are you in an article three court, it's important because you have to argue your case appropriately. If you would like the remainder or if you have questions about your state, please feel free to reach out to us send us an email. And we can let you know what the requirements are for your state. Next, we review this statute 45 CFR 264 point three zero. in it. 

It says state agency must refer all appropriate individuals in the family of a child for whom paternity has not been established or for whom Child Support orders are establish. And that information will be sent to the child support enforcement agency which is called a title for the agency. It is our opinion on this channel that everyone every male is in this database. And we'll talk more about it. 

But if you want to understand your rights or defend your rights, if you want to defend against this statute, please review our video call the fin defend my rights. So let's look closely at the case. Let's do a review. On the right side. Here is the docket which is m e r dash L dash 1004 dash one five, which is 2015 in a superior court of New Jersey, and it's a civil action. 

The plaintiffs in the case is coven DOS, but common das is joined by Grabowski and dancing. Those are the plaintiffs. The defendants are Raymond Martinez, who's the chief administrator for the Department of Motor Vehicle. Another defendant is the Attorney General for New York. More defendants, the administrator for the Department of Health, where the Office of Child Support Enforcement is managed out of that's important. They included the Department of Health as the defendant. 

They also added the director of administrative office for the courts. So to summarize what the judge is saying in her 187 paid which is a small book. When there's a delinquency or there's a non payment, the state of New Jersey rushes to revoke the license. But even though the statute asked for due process, those those process claims are valid because they weren't followed. It was based on a ruling called pascua versus Council of 2006. Were in that decision. Justice Barry Alban says In addition to challenging the Department of vehicle

Chris H  9:29  
attorneys, that the DMV or the state audit officer Child Support must provide an attorney access or at least access to legal counsel while they're fighting this process. Here's why we're excited about this case. It's called a good faith and credit. United States Supreme Court says that an issue or a case that's settled by a court in one state must be recognized by the courts of other states. In may not be reopened. 

Later, Chief Justice john Marshall suggested that the judgment of one state must be recognized by other state courts as final. That's ableman versus booth, and we're a higher court have stated, have made a decision within the federal courts, then all states must abide by that ruling. That is how it vs rows. And as always, all federal laws are applicable to every state. That's Bullock versus United States. 

So here is why we're excited about this. This case was settled in New Jersey, that translate to you could use the details of this case within your state. That is all 50 states. And the argument is, you can use the example of an ailment versus booth to prove that we're saying that this is your golden ticket, your blueprint in which to challenge the suspension of your license. 

Now, I will caution you can't just run out and just make copies of this document, put a letter together and run to the court or to DMV and says here, it says, my license due process that I should have my license back. It's a little more more involved in that. And for the rest of this presentation, we will cover some of the things that you need to include in your case. Next, let's do a critical analysis of the DMV policy as was shown within the Kava Kava Kava das lawsuit. 

In New Jersey, there were about 66,000 what they call, fathers do defaulted on their payments, and which resulted in their license being suspended all that number, about 400 or so were able to get what is called a hearing on the matter. That's point five, seven, not even 1% were allowed to hearing. In addition, they discovered that New Jersey DMV was charging $100 to restore those driver's license. In 2015. The DMV made $7.5 million from this process alone. 

What it basically states that everyone who was involved in child support have recognized Child Support is a money grab has always been a money grab, it was designed by as a money grab program. Again, that's our opinion. And we refer to the Supreme Court case, blessing versus Freestone. Where the justices came to the conclusion that child support title for the program has nothing to do with your child, the mother or the father. 

It has to do with compensation Between the States federal federal government and their agencies. This case covered us proves of one of those entities that is a money grab program. Next, there's a case within the process. gentleman by the name of James, who was caught up in this revocation process with an Essex County, it was discovered that his license was revoked as a result of the child support his process for undoing a mistake. 

Again, it was a mistake it took forever. Likewise, others have caught up in this process where they were issued summons somewhere even arrested because they did not know their license was suspended. On average, within New Jersey about 400 Iranian suspensions per year. That's about one per day. So let's take a look at the brief itself, we've decided to take some pieces of it that we think you should know, for your child support case as well as for everyone should know. First exhibit the private interest. You have a private right to the information

Chris H  14:11  
on your license. Yes, the Department of Motor Vehicle owns your driver's license. However, the information that's contained is your personal information. If you want to know your rights, we have a video called Know Your Rights. You want to exercise those rights please review that video. Next exhibit, they include the plaintiff included a chart which is on the screen here of where whites and non whites between the years 2010 to 2014. They showed that the practice had a discriminatory elements to it. 

Now one would argue How did you know that? Well, we all know that the driver's license contained your race, your eye color, your hair color, your height, if you could track it. So in this case, They presented that more more times then is believed that non whites were targeted, separate from whites, so that again, help their case. Next exhibit included was the Department of Justice letter, we have a video on his channel where we take the Department of Justice letter and show you that there's at least five lawsuits with in that letter. 

The Department of Motor Vehicle is the number one lawsuit. And here we're reviewing the carbon das case from that letter. So let's review the 45 CFR 264. Point three zero as we stated earlier, we believe that the state agency provide all males or send all male information into the child support title for the database. And the reason for that is in the, in the Commodores case, there were folks who got caught in the program who did not have an order for child support and did not have a child involved. 

The question is, how did they get caught in a program that's designed only for child support, it means that their names were inside the database. Again, this is our opinion. So now this brings us to a section which we call call to action. And here's where we suggest the things that you could do if you are in this process for suspension of your driver's license. 

The first thing you need to get is Department of Justice letter. You can also get the deprivation of rights letter which in another video, we probably show you how to get that how to complete that. Next you need to get all the documents for your court case, you need to understand when and how the trigger for your suspension suspension of license. With that information, you will if if you decide to do so prepare or draft a motion or petition asking the DMV to demonstrate and prove the due process before revoking your license. If for any reason you require an attorney to do that, again, is that the case? The judge argued that you can request an attorney as to whether you get one or not. that's entirely up to you. 

You could do this without an attorney. Again, you have a choice to argue your case. If for any reason you need help on this issue, or you just need more information about this cover das case, please feel free to reach out to us. As always, you can always email email us with your comments or questions or any suggestions that you have. 

We also ask for a small donation or gift to help us and assist us in our research, where we take the time to review cases appropriate and relevant for the folks who are involved or may not be involved with the child support process. And we're asking for us $25 or anything you know any amount thereof. 

We also ask you to subscribe and please share the video especially this video to everyone in anyone so they can understand how the Department of Motor Vehicle has been making a significant amount of money as a result of the child support process. So this is the end of our presentation and we want to thank you on the screen we have links to other videos goodbye