Season 2- Episode 7 - Automatic Suspension Of Driver's License. Solution To Get Back Your License.

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Chris H  0:02  
Welcome. In today's session, we will review the child support automatic suspension of your driver's license process. And we will show you tips and strategies in which to get your license back. This is the second part of the two part series of Give back my driver's license. As you know, most of the counties in in the United States, you get what is called automatic suspension of your driver's license when you have back payment or rears on your child support. 

However, there are a few counties who do not participate in that program. For example, St. Louis County, Missouri, the prosecutor there, Wesley Bell, he has decided that his team will no longer prosecute anyone that has back child support payments, or arrears or delinquency. 

And there are a few others that also do not practice the process. So here's a Justice Department letter dated November 7 2016, where the Justice Department provided an opinion in a lawsuit against the state of Virginia for their automatic suspension of driver's license. So in this episode, what we're going to do, we're going to use this letter in our strategy in which for you to get back your driver's license. 

In that court case called stymy versus Holcomb, STI n n, ie, the just department wrote a brief labeled, and I quote, accordingly, the Supreme Court has recognized a driver's license as a constitutionally protected interest, and that the state of Virginia officials is acting unconstitutionally when they deprive a person of this important interest by automatically suspending the driver's license because they fail to pay. court fees are fine. So this is the department justice letter we're referring to. And many of you who've watched my channel says, Wait a minute, Chris, you've already covered this letter. In fact, you've already produced a video on this. That is true. 

However, the letter I'm referring through referring to as this letter, which is the second letter was written by the Department of Justice, where it deals closely with fees and fines of the court. So here we have on the screen, here are both letters. As you can see, they start off similar, but they address different issues. The first one, the top one refers to fees and fines. This second one involves court and the process of court, and judges, and lawmakers. Hello, my name is Chris. And in this session, we're going to use the Department of Justice letter, the second one in which to get back your driver's license. 

Let's get started. We have a section called call to action where we provide tips and strategies of using this process to get your driver's license. As you may know, the driver's license process is managed by the state. Child Support is a federal program but it's managed by the state. Now when it comes to suspension of your driver's license, it's either an administrative process or a judicial process, New Hampshire, and New Mexico is an administrative process in New Jersey, in New York. It's a judicial process. So let's review the enforcement procedures for the suspension of driver's license. And it's in Section 466 or title four D program or it's 42 USC 666. And the statute is 22 CFR 51.70 on the Social Security Act. 

So here are the key provisions of this suspension process one It must be implemented in all 50 states and there must be what is called a trigger wherein as at a certain of value in terms of arrears, it will be automatically kick in that is $5,000. In some counties. In some states, it's 20 $500 where they automatically suspend your license. Next, it also must include professional license, occupational license, recreational lives and your passport.

Chris H  4:52  
So this is a video I produced using the first just apartment letter called the five lawsuits if you haven't seen that video if you've seen that video Please review it again. And where I covered the five key things that came out of that letter. In this episode, we're going to look at the second letter that deals with driver's license. They found the Department of Justice also found that this issue of suspension of driver's license for fees was in the Ferguson case as well. And in Hernandez versus California DMV, same issue, where if there are court and fines and fees that were owed, the automatic suspension of your driver's license. So let's look at the Supreme Court decision known as decision in one state. What happens? 

Well, this is the response from the Supreme Court ableman versus booth which is a case or that says, a judgment in one state must be recognized by other states, as well as federal law supersedes all state court laws. And that is how lit versus rose. I have a video call no my rights when you have an opportunity review that video. So let's look at the decision support Supreme Court kit. Let's apply it for the DMV process. So in the Kevin das case, here's some of the highlights. It's Kava das versus DMV of Mercer County 2019. One, that the automatic suspension process did not allow for what is called the due process of law, neither it had what's called a fundamental fairness. As well as there were no notices sent out so unsuspected victims would have their license suspended. And there are no notices sent as to one that it was suspended and to what is called the remedy. In addition, when they looked at the case very closely, and again, this is found in the first video, you can review review the first video, but let's look at the key highlights. 

The one thing they discovered was the Department of Motor motor vehicle was making approximately $20 million from this process alone. And this process has nothing to do with child support. So here's the letter that they agreed to in the court case, it's dated April 1 2019, where the state of New Jersey along with the Attorney General and the governor, and the DMV director says we no longer practice automatic suspension of driver's license and warrants for non payment of child support. 

That is New Jersey, this is a landmark case. So my opinion, the child support process involves the courts, fees and fines. So if it's okay to forgive or put a process in place for the automatic suspension of fees, and court fines, why not put one in place for child support. So let's look at the case again, which is Steinway versus Holcomb, which is a case that the Justice Department gave their opinion. 

In addition, the NAACP, also submitted their brief, as well as the ACLU also submitted a brief. So in the brief from the Department of Justice, they access that Virginia's official is performing an unconstitutional act when they deprive people of their driver's license without full fairness process. So after that decision, many, many states decided to implement or corrector laws. For example, in the state of New York, which I have here, New York on line 29 says there are going to change the way they look at the suspension of driver's license. However, they put one thing in there which I completely disliked. They said they will make the adjustment except for child support payments. In other words, they will monitor they will remove the automatic suspension However, they want to maintain that for the Child Support Program. So here we are call to action.

Chris H  9:37  
This is my opinion. If the DOJ letter says it's an unconstitutional act for them to suspend your driver's license automatically without a full hearing. This gives you an opportunity to file a petition or a motion of petition to administrative agency and emotion to the court where you can now add these case laws. As your exhibits to prove that the process was either unconstitutional, or you were not given an opportunity for fairness. 

So this opens the door that I feel that you could ask for an apply for the return of your driver's license, or professional license. It gives you an argument. Likewise, the old way was to go to the Department of Motor Vehicle, and basically petition them to return your license. In this case, this is a second opportunity in which for you to petition the court to get your driver's license back. So if you disagree with our strategy, please feel free to email us as well as we ask you to subscribe to our channel and also hit the notification bell when you're notified when we release another video. 

We also asked if you could support our channel by giving us a gift of at least $25. However any amount is accepted, so that we can continue to bring our research and our information to you. So here we are at the end of this video, and there are other videos here on the screen for you to review. But again, this is a strategy in which you can get back your driver's license. Thank you