From the United States Bill of Rights
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
In that by charging points against a drivers license for any infractions i.e. marker lights, brakes out of adjustment, bald tires out up to and including the point of loss of the privilege of a CDL instantly, without the benefit of a jury trial or the opportunity to contest the charges against them, commercial drivers are clearly having their right to contest the charges revoked unconstitutionally.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Is losing your profession a fine of more than $20.00. Why do you not get to have your trial by jury before you lose your license, your income and your profession? Who is going to retain you or hire you if you have 85 points on your license? Points that you were unable to contest and are at the judgment of the officer at the scene who is now the judge, jury and executioner.
Suppose you are driving down the road when the pigtail breaks on your trailer and all your lights go out. If you have a lot of extra marker lights on your trailer, you can literally lose your license on the spot and be unable to even move your truck.
And where is OOIDA on this?
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
In that by charging points against a drivers license for any infractions i.e. marker lights, brakes out of adjustment, bald tires out up to and including the point of loss of the privilege of a CDL instantly, without the benefit of a jury trial or the opportunity to contest the charges against them, commercial drivers are clearly having their right to contest the charges revoked unconstitutionally.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Is losing your profession a fine of more than $20.00. Why do you not get to have your trial by jury before you lose your license, your income and your profession? Who is going to retain you or hire you if you have 85 points on your license? Points that you were unable to contest and are at the judgment of the officer at the scene who is now the judge, jury and executioner.
Suppose you are driving down the road when the pigtail breaks on your trailer and all your lights go out. If you have a lot of extra marker lights on your trailer, you can literally lose your license on the spot and be unable to even move your truck.
And where is OOIDA on this?
