| Description: | From the Desk of September, 2008
Plaintiff
I believe this to be a conscience explanation of the events associated with the matter of rising….
Q: Did incompetency, neglect, and or both, by the DMV in Florida stand in the way of the plaintiff to find dutiful employment?
Q: Did same cause him unnecessary duress, hardship, both physically and mentally, in his year+ long struggle to clear the Florida DMV’s factually wrong assertion that the plaintiff did in fact have a DUI conviction in Illinois?
Q: Was the plaintiff’s unrelenting assertion of innocence ignored, for several months on end, by the DMV Florida, with no possibility of resolve?
Q: Was the state of Florida DMV immediately notified of this error by plaintiff, as soon as plaintiff was made aware of an unwarranted revocation for DUI conviction record on the State of Florida’s data base?
Q: Was plaintiff’s punishment excessive (i.e. cruel and unusual) by any legal standards in any jurisdiction with no legal explanation, or condition that could warrant Florida’s unwavering determination?
Q: Did the State of Florida have any jurisdiction and or legal authority to prosecute plaintiff?
Q: Does DMV Florida have serious issues and causing impropriety and abuses of conduct/power and neglect of same that results in the violation of the Civil Rights of former residence?
I maintain I can make valid arguments in the affirmation to all of these!
Do these improprieties run rampent within this states organization demanding class action?
I have extensive documentation to provide to proceed.
LOU DeRosa
Situation explained:
I had moved to Illinois immediately after my mediation, divorce in November 06. I was coming home to family, friends, and to in the Chicago local @#$%^&*( I could not immediately find a fast way into the union, so to supplement my income; I took a position as a bartender @ Francesca’s on the River downtown St. Charles Illinois. My second shift on the job in a place farther away from home in Westchester (40 miles) than I really wanted to work, I found myself having a drink or 2 to be exact in Philly’s downtown St. Charles. The bar closed at 2 Am on that Saturday night and I left for the long ride home. At an east bound route 64 stoplight sitting in my Saleen Mustang Convertible I waited for the light to change. A white Acura NSX pulled next to me revved his exhaust and burned out from the stoplight. I gave no chase, pulled away normally, but saw a marked squad u-turn and swiftly approach from my rear. He stopped me; I pulled over, refused a breath test, took the field test, was placed under arrest, was again tested @ precinct and finally formally arrested no mitigating circumstances. I was later released on my own recon.
I surrendered my “FLORIDA”, drivers license and told the officer I had just moved back home and had not yet gotten my Illinois license. No problems, I had no priors, was NEVER convicted of a crime, and had all the legal paperwork to drive, insurance, registration, etc.
I was aware of the 6 month automatic suspension, but at the behest of a former lawyer acquaintances advice, I refused the 1st offence, as this was. My main motive was to keep from a DUI conviction on my record that could devastate my career as I work driving and engineering multi-million dollar TV production trucks. I had such a truck as the engineer in charge for some 9 years in Florida working for a large cable franchise. It was almost solely this reason that prompted me to avoid an alcohol test that could be harmful to my career.
I hired an attorney to represent me in Kane, a Miss anonymous esq. Our motion to rescind at bench trial failed. Tried to dismiss on the grounds that the officer had no reason to pull me over. Unlawful stop, I’m short on the legal terms.
My attorney informed me that a guilty plea at my next trial, after discussion with the state, would hand me a mandatory 6 month with the ability to acquire a work permit, 12 months supervision and a $1550 fine, adjudication withheld, verdict set aside, NO DUI CONVICTION would be on my record. This was offered to me after I had presented my Florida 11 year driving transcript to the court, proving no priors of significance, more specifically no DUI history whatsoever. I was to end my suspension on July 5, 2007.
The date comes, I go to the DMV, I brought my birth certificate and my letter from Jesse White notifying me that suspension would end on the 5th of July 07.
The DMV clerk ran my social and the stop for revocation in Florida shows up. I was told by my attorney that I needed to settle this with Florida. I called my ex-wife in Florida and she told me there was a letter from the Secretary of state there and I had her open it. It said I was revoked for a DUI conviction I received in Illinois on April 4th, 2007, this day was the same day that my adjudication withheld decision in Kane county court was handed down.
I worked tirelessly to resolve this with Florida. No one would listen. I had several communiqués with the secretary’s office, even speaking to the states attorneys’ office Fl. I was at a loss, I could not work, I had no job, and I could not get a driving work permit here because I had a stop in Florida. I finally hired an attorney in Florida to try to get Tallahassee to check their PDPS communication and my attorney even submitted all of my court papers that stated in no uncertain terms that I had NO DUI conviction. I worked almost on a daily basis with phone calls to both States secretary’s offices to try to get this cleared up as it was pushing me into bankruptcy. Emails, attorneys, my lawyer in Illinois saying she could do nothing. I was getting very nervous as my lawyer stated that by the end of supervision I needed to have a valid license or could face jail. This was a nightmare.
My auto insurance company of some 8 years, Geico, cancelled me for this DUI conviction. I was afraid to apply for jobs in my field of expertise because I did not know how to answer the DUI question on the applications. I could not drive anyway, and feared that I would be asked to present my driver’s license. I resigned myself to taking any trivial job I could find close to home. Working at a local Italian restaurant in Westchester Il., I walked to work everyday in the dead of winter, in a dead end job, waiting tables and bartending.
My supervision ended on April 24th 2008, I was to come to court with a license, I explained to the judge my predicament, told him I had no money left to take the DUI classes, I had no money to pay my fines, I did not have a license because Florida has revoked me. He was compassionate and a little taken aback by the state of Florida’s ineptitude. My public defender, since she was all I could afford at this point, prepared a court order, signed by Judge Anonymous 16th judicial court, to send to Florida to clear up this mess. This was great news but the damage is done. I forwarded this court order original to my Florida attorney and he submitted it to Tallahassee for judicial revue. I waited and waited and got no response from the state. I was pissed needless to say. Even with a court order before them their level of incompetence must run deep, and not even an attorney’s brief with the included document exonerating me was recognized.
The state of Florida wanted their $175 reinstatement fee and no matter what, it looked like I was going to walk around the rest of my life with this DUI cloud, and I was/am not happy about it.
This week I was ready to try one more time for justice, I got the Florida web site for drivers up and running and in no uncertain terms as you can read by the text faxed to your offices, I was going to try to get through to their thick skulls that through incompetence, vindictiveness, or just plain stupidity, they have damaged me in a way I don’t think they were even aware of. I mentioned a civil lawsuit and faxed the court order and like magic they almost apologetically removed the DUI revocation and conviction, an admission of guilt if you want to let it be known, from my record. I’m not impressed at all, if they, the Secretary of state would have taken the time to contact the judiciary in Kane County for one brief moment my life would not be in the shape it is right now. I have found dutiful employment as a broadcast engineer with pay scale averaging 300-900 per day. I have had a valid Illinois license since July 5th, 2007 but could not drive. I had never been in trouble before, this was sick. Well as of 3pm today I am truly legal to drive. I have had one hell of a time with this. No one is going to apologize to me. No one gives a shit. I suffered and nobody got the creases on their stuffed shirts ruffled.
I am not at all confident that I’ll ever get back my losses. I was suppose to be here in Westchester Illinois helping my 94 year old grandmother this past year and 1/2 , taking her to the store, to church, to the doctor, instead, she found herself taking care of me, WOW! If possible I would like to have the State of Florida pay me back for my wages lost ,75K, plus punitive damages to me for the hardship they have put me through, damage to credit, a good standing 10 year relationship with Geico erased, lost time helping my 94 grandmother in the twilight of life…etc
contact Lou videoeic1220@aol.com |
