Hampshire County District Court
Civil and constitiutional right violations, Court corruption, Failure to receive fair trial (and appeal)

Here is a brief of my story. (and believe it or not it IS a BREIF). I'm hoping for as much coverage as possible! Especially if it might open peoples eyes to the corruption occuring withing the Massachusetts Court System. I have ALL legal documents, faxes, RMV records, and dated court documents to back this story, should you be intersted. (this possibly could trigger a government investigation, so please be advised)

4:14 PM 10/19
Hello,
My name is XXXXXX XXXXXXX. I can be reached at (xxx) xxx-xxxx.

Approx. 1 year ago I received a speeding ticket (not the problem) on the Massachusetts Turnpike in the town of Auburn. I filled out the back of the ticket and mailed it in for an appeal, as I believed the ticket was invalid. The case was handled by the Worcester County District Court. The court mailed my court date, which I never received. As a result of not receiving
the court date, I failed to appear, and was found responsible for the ticket, by default. 20 days later when I had not paid the imposed fine I was unaware of, my license/right to operate in the state of Massachusetts was suspended. Again without any of my knowledge.

Three days after the suspension began, I was getting out of work, in Amherst, at 1am and headed a short distance out to the main road (Rt9), and headed east for home. As I pulled on to Rt9 I observed a Mass State Police car PARKED in the Enterprise Auto rental lot. I continued down Rt9 past him, and observed him pull out behind me. A few hundred feet down the road he turned on his blue lights and followed me into Cumberland Farms parking lot, where I stop for him. He approached my vehicle and asked for my license and registration, which a had already prepared for him while I was stopping my car.

After confirming my identity, he informed me that my driver's license was suspended. I told him I didn't understand. I hadn't done anything wrong, and had no knowledge of the suspension. He asked me if I had any idea why it was suspended, and I answered "NO". I told Him I had no idea. The officer then, asked me again if there were any reason I could think of as to why it had been suspended, and again, I told him no, and that the only thing I could think of was a speeding ticket that I had mailed in for appeal and hadn't yet received an answer to.

At this point the officer started becoming rude, and stated "I think you know exactly why your license is suspended..." and then asked me to step out of the vehicle. Upon doing so, he then began to "pat" search me. He then asked my passenger (my girlfriend) if she had an license, to drive the car home, but she does not drive and only had her passport. He then informed me that my vehicle was to be towed from the parking area, and then went back to his vehicle after asking me to stand where I was.

While he was in his vehicle I called two co-employees, on my cellphone, who had valid licenses, to come get the car for me. (They were VERY close by). When my first friend arrived (not even two minutes later), I informed him as to what was happening. At this point the officer got back out of his car, and said the tow truck was on it's way. I told him my friend could drive the car for me, but he got angered and advised my friend to walk away.

As my friend walked away to a satisfactory distance, my other friend arrived and was told to do the same. The officer REFUSED to let anyone near my vehicle and then asked my girlfriend to get out of the car, as it was to be towed. At this point he informed me that my license was being confiscated, and insisted that no one was driving my car away. The officer then did a thorough search of me again, and then started searching my entire car!

When the tow truck and the local police arrived, he asked the tow truck driver to remove the license plates from my car. I informed him that the car was NOT on a public way, was fully legal, and that I was sure the owners/management of Cumberland Farms would not mind my car being there, and that I didn't see him having a right to remove the plates from my completely legal vehicle. He told me I didn't have a choice and that my plates were also being confiscated. When I asked one of the local Amherst officers, "can he do that?" the local officer said "sorry, we don't have any control over the State Police." At this point the plates were removed and the car was towed. I was issued a ticket for operating after suspension.

This all occured around 1:30 AM on a Saturday morning. First thing, Monday I went to the Registry of Motor Vehicles in Hadley to inquire as to what had happened. They informed me that my license was suspended for failure to pay a fine, the speeding ticket. I then called the Worcester County District Courthouse, and asked them if they could help me figure this out. They told me I was found guilty by default, but because She (the court clerk) was physically holding the letters that had been sent to me and returned, that she could reschedule a new hearing date and then faxed this information over to the Registry of Motor vehicles so that the suspension on my license would be lifted. I waited in the registry for hours, hoping this would be corrected, but nothing.

Upon checking on the status of my license again and again, I was told that I had to go to the Registry of Motor Vehicles office in Springfield, to get this corrected. Being that it was already to late to make it there before closing, I went home. Tuesday, at the Springfield RMV, I was told that the suspension HAD been corrected with NO FEE imposed, because of the error. All was corrected with my license.

When I went to court in Hadley for the charge of operating after suspension, I asked for a "Motion to Dismiss" and stated my reasons. The judge told me that I would be allowed to submit the motion when we went to trial. When we went to trial on Sept 25 (several months later), The district attorney was addressed and stated that they WERE going to prosocute! I stated my case as best I could, considering that I was not prepaired for this, and that my ADD and BiPolar caused me MUCH confusion. After hearing the case the judge, Kumor, wrongfully found me guilty, and order a $475 fine! This action caused the RMV, to once again suspend my license, this time for 60 days!

As a result of the State Police Officer's stop, I lost almost $600 in wages, related fees and expenses. As a result of my license being suspended, I have lost my job! That day, I called a local lawyer who informed me that I should file a motion to "Revoke and Revise", to "force the evidence" and that it must be done within ten days. I filed the "Revoke and Revise" on the fifth day and asked for a dated copy, which I have.

After waiting 2 weeks, I called the court to find out where we were at with the motion. The clerk informed me she couldn't find the papers and that she needed time to locate it. One and a half hours later she called me back to inform me that she found it in the wrong place, and that the Honorable Judge XXXXX hadn't even seen it!!! She also informed me that the judge who needed to review it would not be back in the courthouse until Thursday (Oct-18-07) another 9 days away. I told her my license was to be suspended in 3 days! And would be suspended (October-14-07) for 4 days prior to his return! I called again on Thursday, and was told he was at lunch... For another 10 minutes or so, and that she'd get it to him and call me back (I requested the call back).

I never got the call. Friday morning I called again, but only got an answering service, and left a message. I called again in the afternoon, twice, before I got a person... Who informed me that the judge had refused the motion, and that I needed to take it to an appeals court.

So here I am Friday evening, with no license, no job, no money, feeling violated, abused, ignored and fairly sure my civil rights have been violated. So far I'm out over $600, my license, my job, my freedom limited, ordered to pay a $475 fine, and now I'm being told my only option is appealing to a court that probably won't even hear my case until well after more irrepairable damages have been made, and I finally get my license back... Just to have it taken away AGAIN for the accumulation of "surchargable events"! I've had my life turned inside out because of a mailing error, then mistake, after mistake. Have my rights been violated? And if so is there anything I can do besides be punished for something I'm not guilty of? Before I lose my home too!

Sincerely,
XXXXXXX XXXXXXXXX

P.S. Now I'm finding out that after I get my license back, I'm to be punished AGAIN for being punished... By losing my license yet again for up to a YEAR, just after getting it back! (these events add up to excessive "surchargable events" in a given time frame). And my dear old mailman still continues to deliver my mail to random neighbors, and randomly, my neighbors mail shows up in my box! (Just incase there is any question... Yes, the RMV, the courts, and ALL invovled have and have had all the correct address information. I have not broken any laws, and infact have done legally, EVERYTHING that was expected of me)

P.S. S As of today 12-30-07 I still have had no legal opportunatey to get these wrongs corrected, I'm still out of a drivers license, my job, any income (still fighting for unemployement), On the verge of eviction, and have no means to raise the funds to have my license reinstated, and face several hundred dollars PER YEAR increase on my auto insurance rates, as well as the addition of malicious charges added to my personal record. Not to mention the stress, anxiety, and other phsycological damages brought on by having a legal system that we are supposed to be able to trust, completely disregard my rights to a fair trail. (and appeal)

Company: Hampshire County District Court
Country: USA
State: Massachusetts
City: Hadley
Address: Russell St

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