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Compensation for winning a case against the DMV

Discussion in 'Other Governmental Matters' started by fkts, Dec 17, 2012.

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  1. fkts

    fkts Law Topic Starter New Member

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    I received a parking ticket in Washington, DC. I made my first appeal to have the ticket dismissed but it was denied by the hearing officer. So I appealed the hearing officers decision to the traffic appeals board. The traffic appeals board reversed the decision of the hearing officer. The whole process took nearly 7 months, many hours of research, and a lot of my private time.

    After receiving the ruling from the appeals board which reversed the initial decision, I sent the Director a motion requesting compensation for the time and effort I had to spend to prove that I was not subject to receiving the ticket. I pointed out that had the hearing officer followed proper procedures that he would have come to the same decision as the traffic appeals board came to, and because the hearing officer did not do his job it caused me to labor in order to settle the issue. I also pointed out that every person involved from the ticket writer, hearing officer, appeal board members even the Director was being compensated for their time to deal with this issue that they brought against me.

    The Director replied back to my request stating there is no legal reason for the DMV to have to compensate me for my time, labor and efforts.

    My question is what legal argument or charge should I file against the DMV in order to receive compensation for my time? What if I had hired an attorney to do what I did, would I be able to file for compensation for attorney fees?

    Thx.
     
  2. army judge

    army judge Super Moderator

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    There is nothing that you can to to be reimbursed for your time expended to litigate on your own behalf.


    Sent from my iPad3 using Tapatalk HD
     
  3. fkts

    fkts Law Topic Starter New Member

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    Compensation / reimbursement for winning a case

    Thx. Army Judge,

    However I find it hard to believe that there is not a law that allows the private American citizen to be compensate for the time and expense of having to defend themselves against a suite that was filed against them which had no merit or legal justification to begin with, especially by agency of a municipal corporation posing as a government trying to impose it's corporate by-laws upon non-residents.

    If attorneys can demand compensation for their clients who win their cases in civil matters against a party who files suite against his client why can't American citizens do the same?

    What about legal protection of the laws, which says all laws apply to everyone. Can't I use the same law, rule, regulation that allows for an attorney to seek reimbursement / compensation of legal fees for his client?

    Thx.
     
  4. disagreeable

    disagreeable Well-Known Member

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    You are not an attorney. You have no recourse to retrieve expenses for defending yourself.
     
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  5. fkts

    fkts Law Topic Starter New Member

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    Hi disagreeable,

    I have been informed by a Private Attorney General that I can take the DMV into small claims court and sue pursuant to 42 USC 1988 and ask for damages for my personal Time & Money which are equivalent fees to that of Attorney fees. I will have to show how due to the hearing officer not following proper procedures cause me to have to use my private time, money and labor in order prove that I was not subject to the fine to begin with. Had the hearing officer done his job properly I would not have had to expend my time and energy, which is of value to me and my family. It is the expenses of my private time, money and labor that I was robbed of, this is the injury that I suffered.

    Your thoughts are always welcomed.

    P.S. If you were on a jury would the above explanation I gave convince you that I was injured?
     
  6. cbg

    cbg Super Moderator

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    It wouldn't convince me...
     
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  7. fkts

    fkts Law Topic Starter New Member

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    cbg - It' wouldn't convince you. Okay, is it because you feel that my time (private citizens) has no value which a corporate municipal government has to respect? Please give your reason why.
     
  8. Proserpina

    Proserpina Moderator

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    With all due respect - you're kidding, right?

    No, you don't get to be compensated for having a ticket dismissed.

    It really IS that simple.
     
  9. army judge

    army judge Super Moderator

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    Dude, go for it.
    But, don't expect a windfall.
    The mental exercise and verbal sparring in which you'll engage will be your only reward.
    Merry Christmas.


    Sent from my iPad3 using Tapatalk HD
     
  10. fkts

    fkts Law Topic Starter New Member

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    Proserpina

    Thanks for responding, but I don't kid around. All responses I've received on this have been nothing but one liners. Know one has given any legal reason why I shouldn't be entitled to receive the same time and money damages for an action that was initiated against me by a municipal "corporation" in which I proved has no jurisdiction over me.

    Do you feel it is okay for municipal "corporations" to issue citations which cause you to have to spend your private time, money and efforts to defend yourself. And then once they admitted they were wrong to even issue you the citation and also dismissed the ticket, that they shouldn't have to compensate you for the time, money and effort you had to spend?

    Why is it that when you need records from these municipal "corporations" they charge you for them? It is because it cost someone time to search, pull and copy the material. Ain't nothing free on their end why should it be on the private citizens end.

    What if, instead of doing all the research and paperwork myself, I hired an attorney and ended up having to spend $5,000 to defend myself. Are you telling me that I would be SH*T OUT OF LUCK even if I won the appeal? Come on man/girl!

    Please don't take this personally, but you either must be an attorney or work for a municipal "corporate" government. Any comments you have other than one-liners will be greatly appreciated.
     
  11. fkts

    fkts Law Topic Starter New Member

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    Disagreeable,

    There is something called "Equal Protection of the Laws" you know. If there is a law, rule or regulation that the court allows for attorney's to recoup expenses then by law it must extend to everyone that comes before the court.
     
  12. Proserpina

    Proserpina Moderator

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    Save it for the Judge, junior.
     
  13. fkts

    fkts Law Topic Starter New Member

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    Come on! Is that all you can say.
     
  14. mightymoose

    mightymoose Moderator

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    From what you say it seems you proved nothing regarding jurisdiction. Your citation could have been dismissed for many reasons. The time you chose to invest in defense of a parking ticket will never be viewed as damages.
    However, if the court truly has no jurisdiction over you, what business do you have asking that court to award you anything at all?*Why should they hear you?
     
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  15. Proserpina

    Proserpina Moderator

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    And though I hate to do it, let's look at the OJ trial.

    He was acquitted.

    Do you think the State paid his legal fees?! Or that he was compensated for his time/effort/energy/heckuva Dream Team?

    No. Exactly.
     
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  16. Proserpina

    Proserpina Moderator

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    Yes, that's exactly what I'm telling you.

    ("Ma'am" is fine by the way ;) )


    I'm neither.
     
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  17. army judge

    army judge Super Moderator

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    Okay, here's a couple questions for you, counselor.

    Tell us why you think the taxpayers should reimburse YOU for defending yourself?

    Using your logic, you could have hired the greatest lawyer in the world (ME), paid my exorbitant fees ($5.00), and the taxpayers would owe you, $5.00, right?

    Where in the US constitution does it provide for legal fees to be reimbursed? Don't tell me the 35th amendment, either, that just provides our RIGHT to medical care.

    Is it the 6th amendment, the one that gives us the right to an attorney?

    Is it in the 1st amendment, our right to FREE Internet access and iPhones?

    Where does the legal authority derive from that mandates you be reimbursed for defending yourself?

    Are you entitled to reimbursement only when you prevail?

    Help me understand, counselor, you've piqued my intellectual curiosity.


    Sent from my iPad3 using Tapatalk HD
     
    Last edited: Dec 22, 2012
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  18. Proserpina

    Proserpina Moderator

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    *swoon* AJ :p :D
     
  19. cbg

    cbg Super Moderator

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    What Pro said.
     
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  20. fkts

    fkts Law Topic Starter New Member

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    Mightymoose,

    FYI - in the Distict of Columbia all parking and traffic infractions are heard by the DMV hearing officer first. If they decline your first appeal then you appeal to their Traffic Adjudications Appeal Board. The is no court involved. Also, the real reason they were forced to reverse the Hearing officers decision and dismissed the fine is because I proved that I wasn't subject to their BY-LAW, PERIOD, POINT BLANK!

    I will be taking them to small claims court. This court has jurisdiction over them not me.
     

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