Banned from driving!!!?

Question

Hi, ive just got banned from driving for 3yrs, is there a sly, legal way i can still drive e.g get some kind of eu license?

Answer 1

It depends on your state.  In most states, you will need to obtain an attorney to petition the court for a "hardship license".  One of the rules to be eligible for a hardship license is to have ALL tickets paid for and any other obligations you may have with the court(s) and DMV/BMV.  

If granted a hardship license (conditional), the judge will ONLY allow you to drive to certain places (I.e. work, grocery story, church, etc.).  You will NOT be permitted to drive to a friends house, movies, mall, etc.

Answer 2

You should be more carefull its your own fault banned means banned which means you cant drive so stay away from cars and get your self a mobility scooter

Answer 3

You must have ****** up bad you idiot

Answer 4

No, banned means banned. If you drive whilst banned you won't be insured.

You must have done something bad to get a 3 year ban!

Answer 5

yOU'd never get away with it for 3 years with the onboard plate readers nowadays! 3 years!! 2nd drink drive then??

Answer 6

I don't think it'll work for you.  I very much doubt that any EU country would let you take a test and give you a license unless you were legally living there on a work permit.  Same for Mexico and same for Canada, all the provinces I know of require you to be living there legally on work permit plus most of them have a graduated licensing program now so unless you show them your old DL which you don't have anymore, you could only get a learners permit for the first year.  Even if you did succeed in acquiring a drivers license from somewhere, you would still be breaking the law if you drive where you live because your license was suspended and you know it.

Your options right now, take a bus or bike, if you make enough money hire a kid to drive you around, if you need the car for work, you'll have to find another job and if you live in a remote area, you probably have to move.  It's tough but it's supposed to be.  If you could DUI without any consequences, so can everybody else and then a lot more ppl would end up dead.

Answer 7

Sue the DMV for contract fraud; sue the state for dimishing your constitutional rights and lack of jurisdiction..

Keep in mind that the courts have the duty to prove they had jurisdiction over you. When a cop pulls you over or if they (the government) bans you from your god-given right they must prove jurisdiction. Case law as follows:

"Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action." Melo v. US, 505 F2d 1026.

"There is no discretion to ignore that lack of jurisdiction." Joyce v. US, 474 F2d 215.

"The burden shifts to the court to prove jurisdiction." Rosemond v. Lambert, 469 F2d 416.

"Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted." Lantana v. Hopper, 102 F2d 188; Chicago v. New York, 37 F Supp 150.

"A universal principle as old as the law is that a proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property." Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732.

"Jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void ab initio." In Re Application of Wyatt, 300 P. 132; Re Cavitt, 118 P2d 846.

"Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act, its proceedings are absolutely void in the fullest sense of the term." Dillon v. Dillon, 187 P 27.

"A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a tribunal is its power to act, and a court must have the authority to decide that question in the first instance." Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409.

"A departure by a court from those recognized and established requirements of law, however close apparent adherence to mere form in method of procedure, which has the effect of depriving one of a constitutional right, is an excess of jurisdiction." Wuest v. Wuest, 127 P2d 934, 937.

"Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of juris." Merritt v. Hunter, C.A. Kansas 170 F2d 739.

"the fact that the petitioner was released on a promise to appear before a magistrate for an arraignment, that fact is circumstance to be considered in determining whether in first instance there was a probable cause for the arrest." Monroe v. Papa, DC, Ill. 1963, 221 F Supp 685.

And, you may find this interesting as well:

"An action by Department of Motor Vehicles, whether directly or through a court sitting administratively as the hearing officer, must be clearly defined in the statute before it has subject matter jurisdiction, without such jurisdiction of the licensee, all acts of the agency, by its employees, agents, hearing officers, are null and void." Doolan v. Carr, 125 US 618; City v Pearson, 181 Cal. 640.

"Agency, or party sitting for the agency, (which would be the magistrate of a municipal court) has no authority to enforce as to any licensee unless he is acting for compensation. Such an act is highly penal in nature, and should not be construed to include anything which is not embraced within its terms. (Where) there is no charge within a complaint that the accused was employed for compensation to do the act complained of, or that the act constituted part of a contract." Schomig v. Kaiser, 189 Cal 596.

"When acting to enforce a statute and its subsequent amendments to the present date, the judge of the municipal court is acting as an administrative officer and not in a judicial capacity; courts in administering or enforcing statutes do not act judicially, but merely ministerially". Thompson v. Smith, 154 SE 583.

"A judge ceases to sit as a judicial officer because the governing principle of administrative law provides that courts are prohibited from substituting their evidence, testimony, record, arguments, and rationale for that of the agency. Additionally, courts are prohibited from substituting their judgment for that of the agency. Courts in administrative issues are prohibited from even listening to or hearing arguments, presentation, or rational." ASIS v. US, 568 F2d 284.

"Ministerial officers are incompetent to receive grants of judicial power from the legislature, their acts in attempting to exercise such powers are necessarily nullities." Burns v. Sup. Ct., SF, 140 Cal. 1.

"The elementary doctrine that the constitutionality of a legislative act is open to attack only by persons whose rights are affected thereby, applies to statute relating to administrative agencies, the validity of which may not be called into question in the absence of a showing of substantial harm, actual or impending, to a legally protected interest directly resulting from the enforcement of the statute." Board of Trade v. Olson, 262 US 1; 29 ALR 2d 1051.

Answer 8

You would have to take a driving test in any EU country before you can apply for a driving licence and be resident in that country for a minimum of 6 months (That is EU Law).

You do realise that driving over the limit could have cost you or an innocent pedestrian their life. Also, when your ban is over and you get your licence back, I doubt if you will find any company that will insure you as an owner driver. You had better get the bicycle clips on !!

Answer 9

NO BANNED MEANS BANNED

Answer 10

I hope not!

Answer 11

Your banned,stay banned,people like you kill innocent people with your drink driving.

Answer 12

No.    

Answer 13

Kim, you did wrong but if you want to drive in the states that bad (good) then go to Canada and apply for their license. You may have to stay in residence for awhile but with the Canadian driving license you can use it for a period of time. BUT HONEY YOU BETTER STOP DRINKING AND DRIVING. Next time caught you go to jail!

Sparatawo...

Answer 14

No you have to have a valid licence to get an EU or International driving licence. And since you dont have one, sorry you cant.