Abuse of CA Goverment is Best Seen at the DMV

The most abusive waste of money and law is best seen at the California Department of Motor Vehicles (DMV) in the Administrative Per Se (APS) hearings. These hearings were taken over by the DMV as part of Mothers Against Drunk Driving (MADD) lobbying to get drunk drivers off the road quickly. A good idea in principle. But not a good idea in an "unchecked branch of the Executive Branch" of government. This use to be handled by the courts, (judges), in California. After MADDs lobbying, the DMV added on to their hearings of negligent operators and people with disability, that of law in their hearings, and a whole new division was born. At first, the DMV sent these new Hearing Officers to a special school to learn from lawyers and judges about the law, and Constitution and Due Process. The hearing were held with a potential of Due Process, but as time went on, justification for the Department and rotation of leaders imposed sanctions on the Hearing Officers who gave back too many driver's licenses in these hearings.
Today, the Hearing Officers come from all backgrounds. I know of none who are lawyers. Only two (2) who have gone to law school, and only one (1) passed the bar. Ninety-nine percent (99%) of the Hearing Officers don't even have college degrees. Yet, they know the law better than the lawyers, and play a dual role simultaneously of "Prosecutor and Judge" in their own case. Now, that is DUE PROCESS!!!!!
Over-ruling your objections of law, without understanding them, and of course, granting their own, to make sure they win. If you lose the hearing, which occurs about 90% of the time, you can appeal at a cost of Three Thousand Dollars ($3,000). They don't pay if they lose the appeal, but you do. And, because a DUI is a political issue, and judges are elected and want to be on the good side of MADD (so MADD doesn't pay for the opponent's election costs against the incumbent), the court finds all kinds of ridiculous ways to justify the Hearing Officers decision; which just encourages more bad rulings. Like little children they jump up and down and screaming I beat the lawyer, look I won, I beat the lawyer in some of the most terrible rationalizations by the court that would never be allowed in any other type of case.
I have spent my life in service of this Country. Drafted into the Veitnam war and leaving the Army as a Specialist Five (5) E-5, non-commissioned officer with an honorable discharge. A Reserve Police Officer, in a Solo unit and capacity, arresting people from drunk driving to murder; you never know who you will run across on that job. And, receiving commendations for the police service while I was there. Then becoming a lawyer, and a Judge Pro Tem, doing arraignments and trials. I obey the law, and I believe others should as well. Just because I defend criminal defendants, does not mean I think criminals should go free. But, I do believe strongly in the Constitution of the United States of America and the laws of this Country and the State of California. I find it sickening to see them eroded by people without training, encouraged by weak judges with poor decisions made for popularity, which is a breach of judicial ethics that no one will enforce (we call that discretion), and a denial of DUE PROCESS to the Citizens of California which is an affront to all people. The very fact that you have a biased interest in the out-come of a legal matter, and you are representing the DMV who you work for, the police officer who made the arrest and sit as the judge in the same proceeding making the rulings that assist you win your case, calling the Licensee's experts "Speculative", is a Federal Constitutional violation of the Separation of Powers Act and a violation of Due Process.
This DMV Department cost the tax payers about One Hundred Million Dollars a Year ($100,000.00), and all of this could be handled by the criminal court judge without any additional cost. It use to be. Some say well this gets the drunk driver off the road faster, but in reality, they are back in thirty (30) days, so nothing is accomplished but State jobs at a ridiculous price and injustice with a break-down and of law, and disrespect to the Federal Constitution, and that is putting it mildly. For more information in protecting our rights see www.duioffice.com