http://freekeene.com/2013/07/28/ians-dmv-hearing-regarding-residency-and-suspending-driving-privileges/
Keene Police's prosecutor
Jean Kilham is out to get me for being "resident" and not getting a NH driver license, however she knows her case is junk and dropped the criminal charge that was originally filed. Kilham admitted to me that she has now brought her case to the
DMV where the burden of proof is lower, since it's not a court, but an administrative tribunal. Ultimately her goal is the suspension of my so-called "privileges" to drive in the land known as
New Hampshire. Her argument for this is not that I am a dangerous driver (never had an accident or conviction for any manner of dangerous operation), but that
I've been disobedient. In her terminology, I've "misused and abused" the roads and system, by choosing to not be a "resident" and therefore not be liable for getting a license or registering cars in NH.
After a nearly 45 minute verbal throwdown regarding the applicability of the constitution and statutes between
Marc Stevens and the DMV hearings administrator,
Michael King,
King disconnects
Marc and we continue without him.
Obviously, I agree with Marc's
point that
I never consented to their system and would like to know how, factually, their statutes and constitution came to apply to me. Since the bureaucrats don't care to talk about that matter, I focused on their own rules, the NH RSAs. Their own statues (
RSA 259:88) are pretty clear --
no person shall be deemed to be a resident who claims residence in any other state for any purpose
Kilham submits various papers and questions me regarding where I live, trying desperately to prove I am a "resident", which is a legal status
I have never sought in New Hampshire. Ultimately her argument is that "residency" is not something that one seeks and chooses for one's self, and that it is to be forced upon everyone without consent. She calls the idea that there could be an "inhabitant" legal status (and therefore a legal way to avoid "residency" by still live here) "absurd" in her closing statement. She fears that if I am successful in this case that it will show others that residency is by consent, which is a huge threat to the system, from her perspective.
Therefore, I must be stopped.
Please enjoy this 2+ hour hearing where at the end I remind Kilham that if she doesn't like the statutes she can work to change them -- the same line they always recite at activists when the activists don't like some awful statute.
No decision has been made yet. The hearing officer will issue his ruling in under thirty business days. Will he acknowledge the
difference between "resident" and "inhabitant", or will he force the "resident" status on me somehow and ban me from driving for a year? Only time will tell -- stay tuned here to
Free Keene for the latest on this story.
- published: 28 Jul 2013
- views: 27075