Michael Pierre                                                                                Reserved for Clerk’s Filing Stamp.

4953 Vir Mar, Fair Oaks, CA 95628

pierre2067@yahoo.com

916-515-8761

Lawyerdude: 888 476 8954 Lawyerdude1989@yahoo.com

This document is http://www.lawyerdude.netfirms.com/9032.html , http://www.lawyerdude.netfirms.com/9032.pdf , and http://www.lawyerdude.netfirms.com/9032.wpd

Related documents:

Underlying main complaint: http://www.lawyerdude.netfirms.com/9029.pdf http://www.lawyerdude.netfirms.com/9029.html and http://www.lawyerdude.netfirms.com/9029.wpd

My application for Injunctive Relief. http://www.lawyerdude.netfirms.com/9004.pdf http://www.lawyerdude.netfirms.com/9004.html and http://www.lawyerdude.netfirms.com/9004.wpd

Picture of the ticket: Not yet uploaded.

California Highway Patrol

Solano (365) 3050 Travis Blvd., Fairfield (707) 428-2100 http://www.chp.ca.gov/depts_divs_offs/goldengate.html

            The Supreme Court has ruled that you can’t suspend a 9th grader from school without a pre-deprivation hearing. (Goss v Lopez. 1975 http://www.lawyerdude.netfirms.com/8877.html ) You can’t even repossess a cook stove without due process. (Fuentes v Shevin 1972) You can’t automatically suspend a driver license. (Bell v Burson 1971) Surely then you can’t take a man’s sole means of transportation without a pre-deprivation hearing - especially when he lives 25 miles from town. If it is important enough to take his car, then it is important enough to take him before a judge immediately - or let him keep his car until the hearing.

Claim and Declaration of Chronology of Operative Events

1.         I suffered a drunk driving conviction in the year 2000.

2.         Nobody was injured in the incident. There was no crash; merely a ticket.

3.         I completed all the requirements set by the court except half of the class.

4.         Now the DMV refuses to give me a license until I start the class again from the beginning including all new fees!

5.         I was born in 1967. I am 40 years old.

6.         Around 1985 I was 18 years old. The California DMV conducted a written test of my driver knowledge. The conducted an on-the-road test of my driving ability. The California DMV certified my knowledge and ability to drive a car. I am even a better driver now because of the 23 years of driving experience since I passed my test.

7.         I recently purchased this 1985 BMW 735i after the police seized my other car on September 17, only 4 months ago. I have not yet changed the title to my name.

8.         I harbor strong convictions of a religious stature as follows: I believe that the government by stealthy encroachment takes away our freedoms and our property. I follow the Lawyerdude philosophy.

9.         On December 24, 2007 (Christmas Eve) CHP Officer Guy badge #13433 pulled me over on Interstate 80 in Solano County.

10.       He asked if me for my plastic memorialization of my driver license.

11.       I did not have one. I showed him a valid California ID.

12.       He said he was going to take the car because I have a suspended license.

13.       My license cannot be suspended; I have had no hearing in that regard.    

14.       He said he should arrest me but offered to refrain from arresting me if I would promptly walk away after signing the ticket.  He called for a taxi to meet me at the 76 station.

15.       I walked down the freeway to the exit and thence to the 76 station. I did not see who towed my car.

16.       I state on information and belief that the Highway Patrol took my car.

17.       I particularly resent this uneducated gun slinger acting as judge, jury, and executioner regarding something that he apparently know nothing about: civil rights.

18.       Although he is sworn to uphold the law he does not know the law.

19.       With regard to my right to drive on the highway after an unconstitutional suspension the Supreme Court said in 1969 :

“And our decisions have made clear that a person faced with such an unconstitutional licensing law may ignore it and engage with impunity in the exercise of the right of free expression for which the law purports to require a license.” - U.S. Supreme Court in Shuttlesworth v Birmingham (1969) 22 L Ed 2d 162, 394 U.S. 147, 89 S Ct 935 http://www.lawyerdude.8m.com/5091.html Shuttlesworth went to the Supreme court in 1958, 1963, 1965, ad 1969.

20.       As of this writing I have not been accused by any person with prosecuting authority.

21.       The car is registered in the name of the previous owner.  

22.       Due Process requires that I have notice and opportunity to state my case prior to the deprivation of my property - both my right to drive and my car.

23.       There has been no pre-deprivation hearing and there has been no post-deprivation hearing.

24.       I have been a safe driver all of my life     

25.       You should not have taken my car.

26.       Give it back.

27.       Pay me money for the use of my car; pay $3000 or $100 per day of deprivation whichever is more.

28.       Your taking constitutes enforcement of a bill of pains and penalties in violation of the constitutional prohibition of bills of attainder.

29.       Your enforcement constitutes enforcement of a suspension that is void ab initio due to its violation of Due Process as set forth in Bell v Burson (1971)402 US 535, 29 L Ed 2d 90, 91 S Ct 1586, a case pertaining to driver licenses. The case is found at http://www.circuitlawyer.8m.com/Burson.html

30.       As to an unconstitutional law: The Supreme Court said in Norton v Shelby County, Tennessee (1886) 118 U.S. 425:

“An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed.”

31.       As to unconstitutional rules: The Supreme Court said in 1966:

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” - Supreme Court in Miranda v Arizona (1966) 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694, 10 ALR 3rd 974 and 59 other ALR treatises . Published at http://www.lawyerdude.netfirms.com/miranda.html

32.       Your enforcement of the unconstitutional suspension constitutes an automatic suspension which constitutes a violation of Due Process because the suspension as applied constitutes an irrebuttable presumption. An irrebuttable presumption violates Due Process. The Supreme Court so ruled in the case of Cleveland Board of Education v La Fleur (1974) 414 US 632, 39 L Ed 2d 52, 94 S Ct 791. The case is published at http://www.lawyerdude.netfirms.com/5877.html .

33.       I demand that you do right as specified in the universal maxim set forth in California Civil Code § 3529:

  That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due.

34.       Your statutes and rules are unconstitutional to the extent that they permit the defendant to take my car as they did.

35.       For further details you may read my Application #9004 which is published at http://www.lawyerdude.netfirms.com/9004.pdf http://www.lawyerdude.netfirms.com/9004.html and http://www.lawyerdude.netfirms.com/9004.wpd .

36.       I so declare under penalty of perjury:

Signed _____________________ Michael Pierre. Friday, January 25, 2008

Proof of Service

            I served the Respondent California Highway Patrol and Defendant CHP Officer Guy #13433, by delivering a paper copy of this document in person at their office address designated on their website and in the caption.

Signed ______________________Printed name_______________ Date:

Appendix: 38 Maxims of Jurisprudence

California Civil Code §3510 When the reason for a rule ceases, so should the rule itself.

§3511 Where the reason is the same, the rule should be the same.

§3512 One must not change his purpose to the injury of another

§3513 Anyone may waive the advantage of a law intended solely for his benefit. But a law established for a public reason cannot be contravened by a private agreement.

§3514 One must so use his own rights as not to infringe upon the rights of another.

§3515 He who consents to an act is not wronged by it.

§3516 Acquiescence in error takes away the right of objecting.

§3517 No one can take advantage of his own wrong.

§3518 He who has fraudulently dispossessed himself of a thing may be treated as if he still had possession.

§3519 He who can and does not forbid that which is done on his behalf, is deemed to have bidden it.

§3520 No one should suffer by the act of another.

§3521 He who takes the benefit must bear the burden.

§3522 One who grants a thing is presumed to grant also whatever is essential to its use.

§ 3523 For every wrong there is a remedy.

§3524 Between those who are equally in the right, or equally in the wrong, the law does not interpose. §3525 Between rights otherwise equal, the earliest is preferred.

§3526 No man is responsible for that which no man can control.

§3527 The law helps the vigilant, before those who sleep on their rights.

§3528 The law respects form less than substance.

§3529 That which ought to have been done is to be regarded as done, in favor of him to whom, and against him from whom, performance is due.

§3530 That which does not appear to exist is to be regarded as if it did not exist.

§3531 The law never requires impossibilities.

§3532 The law neither does nor requires idle acts.

§3533 The law disregards trifles.

§3534 Particular expressions qualify those which are general.

§3535 Contemporaneous exposition is in general the best.

§3536 The greater contains the less.

§3537 Superfluity does not vitiate.

§3538 That is certain which can be made certain.

§3539 Time does not confirm a void act.

§3540 The incident follows the principal, and not the principal the incident.

§3541 An interpretation which gives effect is preferred to one which makes void.

§3542 Interpretation must be reasonable.

§3543 Where one of two innocent persons must suffer by the act of a third, he, by whose negligence it happened, must be the sufferer.

§3544 None with this number.

§3545 Private transactions are fair and regular.

§3546 Things happen according to the ordinary course of nature and the ordinary habits of life.

§3547 A thing continues to exist as long as is usual with things of that nature.

§3548 The law has been obeyed.