l003 dmv demand for state hearing 8-24-2007

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  • 8/14/2019 L003 DMV Demand for State Hearing 8-24-2007

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    Rik Munson

    218 Landana Street

    American Canyon, California 94503

    To: Director, California department of Motor Vehicles.

    Certified Mail #7001 2510 0007 5228 8408CC: STATE OF CALIFORNIA RISK MANAGEMENT

    Certified Mail #7003 1010 0003 5137 8599

    Re: Notice of intent to suspend registration in reference to one 1992/AUDI License plate

    Number 2ZGS391 VIN Number WAUDK54A4NN026555

    NOTICE: This letter constitutes legal notice.NOTICE: This letter is a formal demand for state hearing.

    NOTICE: This letter constitutes both actual and constructive legal notice to the Director

    of the California Department of Motor Vehicles, and its/his/hers/their agents and assigns,that the Director and the Department are in default and in breach of fiduciary obligations

    and that YOUR BOND IS AT ISSUE!

    NOTICE TO AGENT IS NOTICE TO PRINCIPAL

    NOTICE TO PRINCIPAL IS NOTICE TO AGENT

    Dear Director,

    Please be advised that I am in receipt of a communication from your agency,

    STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, hereinafter the

    department, titled NOTICE OF INTENT TO SUSPEND dated August 6, 2007 in

    reference to a private use automobile, identified in your letter as private use vehicle

    1992/AUDI License plate Number 2ZGS391 VIN Number WAUDK54A4NN026555 and

    stating the departments intent to suspend the vehicle registration unless proof of

    financial responsibility is provided to the department by 9/7/2007.

    So there will be no ground for misunderstanding, let me make it perfectly clear

    that my correct and proper Christian appellation is Rik Wayne Munson, that I, Rik Wayne

    Munson am a sovereign citizen, domiciled in the republic state of California, I am a non-

    resident alien to the federal UNITED STATES and a non-resident to California. I am a

    sovereign born, state Citizen Domiciled on the land, on California, the state of the

    republic, United States of America, and reserve all rights under both the common law and

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    Uniform Commercial Code provisions including but not limited to UCC 1-103 and 1-

    207.

    I specifically reject, deny and refute all claims alleging Rik Wayne Munson to be

    the all capital lettered idem sonans RIK WAYNE MUNSON, the label used by the

    department to identify me in its system of records which it has refused or otherwise

    failed to correct.

    Please be further advised that the questions of identity as well as a number of

    other relevant questions regarding the jurisdiction of the department to affect my right to

    use of the public streets and highways for purposes of private conveyance was addressed

    to you on September 23, 2004 in a letter delivered as CERTIFIED MAIL # 7003 1010

    0003 5137 8612. As of this date Thursday, August 23, 2007 both the DMV director and

    the department have refused or otherwise failed to answer the questions addressed in that

    letter.

    These same relational issues as well as others were raised again in a letter dated

    May 6, 2006 delivered as Certified Mail #7003 1010 0003 5137 8582. As of

    this date Thursday, August 23, 2007 the department has refused or otherwise failed to

    answer the questions addressed in that letter.

    You are further advised Mr. Director that silence where there is a duty to speak isfraud. The streets and the highway belong to the people and their use for private

    conveyance is a right not a privilege subject to regulation by the state or local

    municipalities. My exercise of the federally protected right to travel unregulated may not

    be converted to a crime and may not be converted to a privilege nor can the receipt of any

    privilege be made contingent upon the waiver of a known constitutionally protected right.

    As you well know Mr. Director, The STATE OF CALIFORNIA DEPARTMENT

    OF MOTOR VEHICLES operates under a grant from congress found at 49 USC

    subchapter VI and is certified by the United States (corporate) to issue drivers licenses.

    The STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES is certified by

    the federal government to issue commercial drivers licenses and may be decertified in

    which case the department may no longer issue said licenses. The arteries of interstate

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    commerce are reserve to congress under Article IV of the federal constitution and what

    the STATE OF CALIFORNIA DEPARTMENT OF MOTOR VEHICLES regulates is the

    safe operation of Commercial Motor vehicles used in intrastate commerce. There is no

    state police power to interfere with private travel.

    Notice: You are hereby noticed that I will sign no document promising to appear in a

    commercial court when I am not engaged in the privileged use of the streets or highways.

    You are hereby further noticed that: if the exercise of my liberty to the use of the public

    thoroughfares for purposes of private conveyance is interfered with under the color of

    state police authority and an armed paramilitary officer of any municipal corporation,

    county sheriff or state police agency interrupts my liberty and commits the federal

    felonies of kidnap and carjack under color of state law, local custom, policy or practice I

    will arrest him/her on the spot for violations under title 18 of the United Stated codes. If

    his fellow officer does not take him/her into his/her lawful custody and hold him/her for

    federal authorities I will arrest them for a felony violation of the California Penal Code.

    In any event I will hold you Mr. Director, STATE OF CALIFORNIA DEPARTMENT OF

    MOTOR VEHICLES and does 1-100 individually and severally liable for any injury or

    depravation of liberty that results.

    Notice: Mr. Director, you and the STATE OF CALIFORNIA DEPARTMENT OF

    MOTOR VEHICLES are hereby noticed that your silence in regard to the questions

    raised in my previous letters, identified Supra, is fraud. Answers to the questions I have

    raised are my property. I have named the dollar amount that I accept from you and the

    department for your continued withholding of my property. Your failure to object to the

    terms of said offer and your continued withholding of my property pursuant to that offer

    to contract is acceptance by both specific performance and tacit procuration. In the

    absence of your surrendering the information property described above I will be

    invoicing you and the department for the outstanding obligation owed to me.

    Notice: Mr. Director, you are hereby instructed to take proper notice of the following

    excerpts from the Uniform Bonding Code as your bond is at issue.

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    MUNICIPAL BONDING IS INTENDED FOR ACCIDENTAL MISUSE OF POWER:

    BONDING IS NOT INTENDED TO PROTECT OFFICIALS IN THE DELIBERATE

    MISUSE OF POWER, THAT IS, THE COMMISSION OF CRIMINAL ACTS.

    MANY OFFICIALS THINK THAT THEY CAN DO WRONG AND HIDE BEHIND

    THE LIMITED LIABILITY AND THE BOND OF THE MUNICIPAL CORPORATIONFOR WHICH THEY WORK. THEY FORGET THE REAL BASIS OF THEIR

    AUTHORITY.

    ONLY WHEN MALFEASANT OFFICERS HAVE BEEN DRAWN OUT INTO THE

    OPEN AWAY FROM THE VEIL OF LIMITED ACCESS TO, AND THE LIMITED

    LIABILITY OF, THE MUNICIPAL CORPORATION, CAN THEY BE COMPELLEDTO ANSWER CIVILLY FOR THEIR ANTISOCIAL BEHAVIOR AND BE MADE TO

    SURRENDER THEIR OWN PERSONAL PROPERTY FOR THEIR OWN

    UNLAWFUL ACTS.

    THE ONLY SUITS WHICH OFFICERS OF A RENEGADE GOVERNMENT CAN BE

    MADE TO ANSWER TO ARE PUBLICLY FILED CRIMINAL CQMPLAINTS WITH

    CIVIL VALUE NOTED PER 18 U.S.C. 241, 242 BECAUSE FAILURE OF

    PROSECUTION WOULD REINSTATE THE LAWFUL REMEDIES OF DUELINGAND CIVIL WAR. THEREFORE ALL PROSECUTORS AND OTHER SUPPORTING

    OFFICIALS MUST BE BONDED. A PROSECUTOR WHO DOES NOT PROSECUTEA MALFEASANT OFFICIAL BECOMES A MALFEASANT PROSECUTOR, AND

    THRUSTS THE PUBLIC AT THE BONDING COMPANY. BONDING COMPANIES

    IN ORDER TO SURVIVE, MUST CANCEL THE BOND ON A MALFEASANT

    PROSECUTOR FOR HIS LACK OF SPECIFIC PERFORMANCE AND MAKE HIM

    DEPENDENT ON HIS OWN PERSONAL RESOURCES FOR THE SEAT OF HIS

    OWN AUTHORITY. OTHERWISE, THE CRIMINAL OFFENSE REVERTS TO A

    CITIZENS COLLECTION ON THE CIVIL BOND. THE PUBLIC IS GETTING

    BETTER EDUCATED IN COMMERCIAL DEFENSE AND OFFENSE. THE TIMEHAS COME FOR BONDING COMPANIES TO GET SMART ALSO, OR BE

    FINANCIALLY DEVASTATED BY OFFICIAL MALFEASANCE. THE UNIFORM

    BONDING CODE IS A FIRST STEP TOWARD BETTER BONDING.

    Claims Access Pursuant to Civil Rights Law

    Improper enforcements which run counter to the U.S.

    Constitution can involve as many as thirty-five (35)

    violations of the provisions of the United States

    Constitution valued per 18 US 241 at $10,000 per

    constitutional violation, per offense, per officer, per

    injured party when the officer is acting as a part of a law

    enforcement agency effort.

    The civil value is therefore approximately $50,000 per

    enforcement offense, per enforcement officer, per injuredparty.

    The statutes enabling the suit and civil claim are part of

    the Federal Civil Rights Act of 1871. (42 USC 1983, 1985,

    1986 . . .) These statutes guarantee, among other things,

    the equal protection of the law for racial minority groups.

    Although the argument is commonly raised that these

    statutes apply only to racial minority population groups,

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    they actually apply to racial discrimination regardless of

    the race and regardless of the population of the group.

    The application of these equal protection statutes to only

    racial minority population groups would create a racial

    discrimination against racial majority population groups,

    and hence impose a justice minority situation upon the

    racial majority population groups. But this would take the

    racial minority statutes applicable to a majority race,

    because the intended purpose of the statute is to eliminate

    the prejudicial discrimination of the law and its

    enforcement, not to favor any specific race, color, creed,

    religious faith, sec or population group (be it small or

    large).

    The issue can be made even clearer by a second very

    appropriate example. The legal professions labor union,

    the Bar Association, was established immediately after the

    Civil War to substitute a system of general slavery to

    replace the old system of black slavery, by guaranteeing a

    monopoly of the courts for attorneys, judges and municipalcorporations (city, county, state). This labor union, the

    Bar Association, has forbidden anyone but union (Bar)

    attorneys to give legal advice, and has prevented anyone

    from being assisted in court by a non-union lawyer or by a

    non-lawyer, thus converting the courts into closed union

    shops. This corresponds to pre-Civil War United States

    wherein blacks were not taught to read and were not allowed

    to get a public education lest they become strong enough

    persons to speak out against their repression and overthrow

    their slave masters.

    The unionization of the legal system by the Bar Association

    makes the people individually, and the public as a whole, a

    legal justice minority group with access to the Civil

    Rights Act of 1871 and to 42 USC 1983, 1985 and 1986.

    The bar association act is in violation of anti-trust and

    anti-monopoly laws of the U.S.

    Organized Crime in Government

    Government officials maintain control of the courts by

    licensing lawyes and by forbidding the common citizens to

    practice law or give legal advice, three phrases which

    have never been adequately defined for any statute. Toprotect government dominance, law schools are the only

    schools allowed to teach law, and specifically safe law

    (attornment). To protect malfeasance, attorneys are

    forbidden to file criminal complaints against malfeasance

    officials, officer and clerks and against officers of other

    corporations If they disobey, they lose their license to

    practice law. Similarly, when the citizen files a criminal

    complaint against a public official, the prosecutor is

    expected to protect the public official from prosecution

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    for official malfeasance by exercising some mystical

    doctrine of selective prosecution (an act of misprision

    of crime) which is nothing more or less than an excuse for

    legal prejudice to issue from the prosecutors office

    calculated to overthrow the publics legal redress against

    official malfeasance.

    Bonding of Governments in General

    Conclusion

    A government (its officials, its officers, and its clerks)

    will not be

    bonded:

    1. If it does not eliminate its own internal malfeasance

    with the same diligence that it pursues civilian felons.

    (In other words, a government shall clean its own nest

    thoroughly),

    2. If it rules by force without reason and/or without

    the consent of the people, which it governs in such a case,it shall be deemed a criminal government and its officials,

    officers, and clerks shall be deemed criminally malfeasant,

    3. If it behaves with malice or with deliberate contempt

    or rudeness towards its citizens.

    Let us contemplate our forefathers, and posterity and

    resolve to maintain the rights bequeathed to us from the

    former, for the sake of the latter. The necessity of the

    times, more than ever, calls for our utmost circumspection,

    deliberation, fortitude and perseverance. Let us remember

    that if we suffer tamely a lawless attack upon our liberty,

    we encourage it, and involve others in our doom. It is a

    very serious consideration that millions yet unborn may be

    the miserable shares of the event

    Samuel Adams Speech (1771)

    FURHER:2.4 - BONDING INSURANCE STATUTES

    Compulsory Insurance

    The bonding of statutes which require natural persons (non-

    incorporated persons) to purchase insurance, must be very

    carefully analyzed, and be regarded with the utmost

    caution. As a general rule, it is against the law for any

    entity to compel any citizen to pay any wager or premium

    for the privilege of not being injured or for the privilegeof not being threatened with injury (Protection Insurance

    Racketeering). [Footnote: U.S. R.I.C.O. Laws]

    Corporations may be required by the state in which they are

    incorporated, to purchase public hazard insurance because

    the corporation, being an artificial/paper person (a legal

    fiction), is regarded as having no conscience other than

    the state, making the state as a silent partner of the

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    such as Rothschild, so, some states prostitute their

    legislative power as an inducement to get insurance

    companies to give them a better payment rate for their own

    malpractice insurance coverage premiums for their own

    corporate activities, by compelling citizens to purchase

    motor vehicle insurance.

    In any compulsory motor vehicle insurance scheme, a

    citizen's purchase of motor vehicle insurance is guaranteed

    by a threat of injury in the form of a suspension of the

    driver's license, seizure of the vehicle, fines and

    imprisonment if the citizen does not comply with the

    state's mandate. This creates the basic fabric of a

    protection insurance racket, hence a very real credibility

    problem for insurance and bonding companies.

    The bonding problem gets really nasty when a judge compels

    a citizen to either buy auto insurance or to quite driving

    "his" (the "citizen's") car. Because a bond or insurance is

    only a promise to pay and not a tangible product, a citizen

    can lawfully and rightfully argue that, like a savings andloan or a bank, an insurance bonding/bonding company might

    not be around when damage is done and it is time for a

    claim payoff. Therefore the citizen can lawfully guarantee

    the auto insurance policy by putting a common law lien on

    enough of the property of the law enforcement officer and

    the judge to cover the face value of the insurance policy.

    "This commercial lien cannot be removed."

    "A federal R.I.C.O. action against the enforcement officer

    and the judge can also compel them to pay all of the

    premiums for all of the persons whom they have compelled to

    buy insurance."

    The voluntary purchasing of motor vehicle insurance is

    smart. It is a good investment. But compulsory purchase of

    any sort of insurance in order to continue the daily act of

    living is protection insurance racketeering. Any bonding

    company which bonds compulsory motor vehicle insurance

    statutes is going to have big irresolvable problems, and

    any officer or judge who enforces compulsory motor vehicle

    insurance statutes is laying himself wide open to economic

    ruin.

    Please be further advised Mr. Director that section 4 of Title 18 of the United States

    Codes compels me to report the criminal malfeasance of government officials under

    penalty of federal felony. Make no mistake about it. If you violate my rights under color

    of state police authority I will report it in the form of a criminal complaint AND civil suit

    brought before the United States District Court. You are further advised that if my liberty

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    is interrupted by armed paramilitary based upon any action by the department I will hold

    you and the department individually and severally liable.

    Please be further advised that the NOTICE OF INTENT TO SUSPEND dated

    August 6, 2007 refers to a private use automobile (1992/AUDI License plate Number

    2ZGS391 VIN Number WAUDK54A4NN026555) that is not a commercial motor

    vehicle as that term is defined at 49 CFR sections 390.5 and 398.1(d).

    If the STATE OF CALIFORNIA possesses any claim against the private use automobile

    identified above, you have 30 days from receipt of this letter to identify the nature of said

    claim including any and all lawful authority upon which your claim arises.

    In the absence of evidence of claim against the above described private use automobile

    you and the department are instructed to surrender to me the manufacturers original

    Certificate of Origin. In the event that the original Certificate of Origin has been

    destroyed you and the department are instructed to provide me with a certified copy of

    said Certificate of Origin, which is to be stamped as the original.

    In order to live the life of republican freedom a citizen must know the law and be well

    disposed to use it. You will find that I do and that I am.

    Respectfully submitted Friday, August 24, 2007

    ________________________________________Rik W Munson, Private Attorney General

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