[AKidsRight.Org] NonViolent Action: License suspended, admits to driving over 100 times!

jmurtari@AKidsRight.org

Good People & People of Faith,

Can you imagine?  You have a suspended license because of child
support. You get your first ticket in your hometown and they are
trying to go easy on you.  Of course, you are still driving your car
but instead of just paying a fine you demand a trial and write the
Judge/DA and admit to driving (since the original arrest) on over 100
occasions!  Imagine that!

This has been a decision which wasn't easy.  When my mother fell ill I
curbed my activities at the Syracuse Federal Building so there would
be no risk of jail for me (which would put her in a nursing home
without my care).  The traffic ticket for unlicensed operation came in
July and was due to a Child Support suspension. It was in my hometown
and the Judge/Prosecutor were nice about it and just wanted me to
plead guilty and get it over.  I was almost ready to do that, but just
couldn't say 'guilty' to a crime -- not to mention, I was still
driving just about every day.  I felt the indignity of being a
criminal in my hometown and felt the matter should be resolved.  On
Nov 19, I wrote the Judge/DA and reported all the driving offenses and
asked that they be dismissed and the law found unconstitutional.

NonViolent Action?          http://www.AKidsRight.Org/civil.htm
I think so. NonViolent action is much more than just 'niceness' and
'non-cooperation' -- it is action. I'm willing (barely!) to step
forward and say, if this is the law then I have been breaking it -
prosecute me for I feel it is unjust.  It has required a lot of Faith
to do this and I could very easily end up in jail. A disaster to my
entire family.

The trial is scheduled for December 12th, to see my filings and more
background go to: http://www.AKidsRight.Org/support

I welcome your FEEDBACK on this and welcome any help/publicity you
can bring. I would ask you read my entire letter/motion to the
Court first at the link above. I have included an excerpt below:

-----
34 Franklin St.
Lyons, NY 14489
November 19, 2005

Judge Nicholas Forgione
Village Justice
79 William St.
Lyons, NY 14489
Dear Judge Forgione:

Attached you will find a motion in regards to my upcoming trial on Dec
12th for aggravated unlicensed operation of a motor vehicle. My
license was suspended by DMV for not obeying a child support
order. The amount overdue is about $55,000, making me one of the
biggest (if not the biggest) deadbeat in Lyons and probably Wayne
County. Some people might read this and say, "Let's nail this
dirtball!" In my affidavit I admit to continuing to drive in the past
several month on at least 100 different occasions. I hope to make it
easy for the DA to add those additional charges and I'll be happy to
testify to each occasion at my trial. A long jail sentence might
please some.

I have personally struggled with how to handle this. It has been a
test of my Faith. A week ago I was almost ready to call Mr. Wunder and
accept his plea offer of just "unlicensed operation'. But I could not
bring myself to say "guilty' to a crime and then go back to trying to
"hide' and hopefully not get stopped again by police. My only honest
and Faithful recourse is to challenge the validity of the law and be
ready to accept whatever the consequences may be. I believe laws are
invalidated when people step back and say, "This shouldn't be
happening. There is something wrong in what we are about to do."

I do not feel that I am "above the law.' I hope to show I'm a very
dedicated parent and son; a person that tried to place the needs of
his family above his own; someone who has worked hard his entire life,
serving both his country and local community. A moral individual who
could not obey a Judge's order and abandon what he thought was best
for his family; a person who has spent, on limited income, over
$55,000 in direct support of his son. A higher percentage based on
actual income than any support 'guideline' would require.

The motion is lengthy and I'll briefly summarize here:

ADDITIONAL CHARGES -- Since I was stopped and issued the ticket on
July 12th for driving with a suspended license I have continued to
drive in Lyons on numerous occasions and will continue to do so. If
these are considered 'crimes' they should be charged and I am happy to
take the witness stand to testify regarding my conduct.

DRIVING IS NOT A 'PRIVILEGE' -- I have an excellent state driving
record with NO tickets in over 10 years. Lyons is a rural community
and I cannot fulfill basic family obligations without a vehicle. The
ability to drive should be based on training and safety, not as an
easy form of punishment for other civil matters. Unnecessary
restriction of my freedom of movement is a violation of individual
rights.

DIMINISHED DUE PROCESS -- The backdoor connection between Child
Support payments and driving is a violation of individual rights to
due process.  Family Court Support proceedings operate with reduced
levels of proof and evidence. I now face numerous criminal charges
with no real means of defense. If my license had been suspended due to
DWI, speeding, or other traffic violations I would have been protected
during those proceedings by strict rules of evidence and a strong
burden of proof.

In summary, I am not a dirtball, or a deadbeat, or a criminal. Some
may think I should plead guilty as a matter of 'simple fact.' I ask
one question. Imagine a poor black woman in the 50's, in Alabama, who
does not move to the back of the bus for a white person. She clearly
violates the law. Do you expect her to plead guilty to a crime?

While no one should feel above the law. The law should also respect
our rights and the imperative of individual conscience and personal
responsibility -- especially in issues of family. Using motor vehicle
law to punish someone for a perceived shortcoming in family matters is
improper. I too join people who detest 'deadbeat' parents -- people
who give no thought to their children and care about only themselves.

These people should be thrown in jail for failure to care for their
children. They should also be given the protections of criminal
procedure, the protection of a jury, and an opportunity to explain
what happened. Most importantly, their Civil Right to be an equal &
fit parent in the lives of their children should also be recognized.

Respectfully yours, 
John Murtari

CC: Mr. Richard Wunder, District Attorney, 54 Broad St. Lyons, NY 14489
CC: Mr. Richard Healey, Wayne County DA, Hall of Justice, Suite 202, Lyons,
NY 14489

-- 
                                       John Murtari
____________________________________________________________________
Coordinator                            AKidsRight.Org
jmurtari@AKidsRight.Org                "A Kid's Right to BOTH parents"
Toll Free (877) 635-1968(x-211)        http://www.AKidsRight.Org/

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