NYS DMV discrimination against bikers

[karen]

http://www.examiner.com/biker-cultur...examiner-email

NYS DMV discrimination against bikers

* September 29th, 2010 8:52 am ET
Lisa Petrocelli

The following information comes from Hank McGrath, Executive Director of Bikers Against Discrimination:

There is a case where the Department of Motor Vehicles WRONGLY accused an individual {Mike Willig of Adirondack Seafood, Hudson Falls, NY} with a felony for having a motorcycle with its vehicle identification number missing/removed and after this individual was arrested in front of his employee and customers, charged and incarcerated, he was later exonerated by a judge when records and vehicle identification documents were verified to be legit. DMV still refuses to return Mr. Willig’s vehicle - a 1981 w/a "73 Ironhead customized Harley Davidson, even AFTER the judge issued an order for DMV to return the property to its rightful owner!!! Instead, the Attorney General of NYS has filed legal action against the judge in an attempt to rescind the order, in a process quite like extortion, with no regard for the citizen’s civil and Constitutional rights; nor the legal process. It seems that citizens now face the same administrative-regime-process suffered by prisoners fighting for rights! As well, the Queensbury Town Board voted to NOT provide legal representation for the judge to defend his order against the NYS Attny. Gen/DMV.

Regardless of the "alleged" power of the NYS DMV and "alleged" privileges they "allegedly" grant the citizen by permitting us to drive and fill their coffers, NYS DMV has initiated action AGAINST the judge as a way to usurp the Constitutional rights of the citizen, Mike Willig, by having the NYS Attorney General's Office represent them against the judge, thereby senselessly wasting more tax payers monies (I thought the state did not have??). Mike Willig, while a guest on BikerLowDown.com national biker radio with L.J. James, Chuck DeCost, and Hammerin' Hank, stated he will continue to fight this case NOT for the return of his motorcycle but for the principle of both justice and rights as the outcome of this case will affect the rights of all citizens.

B.A.D.{Bikers Against Discrimination} has written a letter to the Commissioner of NYS Motor Vehicle and to the Governor of New York in support of both Mr. Willig and the judges order. This order reveals B.A.D.'s own investigation which shows a particular DMV investigator who initiated the case and who (ironically) lives right down the street from Mr. Willig, may be acting with bias as a result of HIS OWN personal beliefs AGAINST Mr. Willig for Mike's outspoken, yet reasonable POLITICAL views on the present state/federal government and that this case has unjustly violated an American Biker’s civil and Constitutional rights. If the State of New York is allowed to continue to usurp the Constitutional rights of its citizens and disregard the letter of the law in this case, then every single member of the state legislature and senate should be immediately removed from office..."by any means necessary"!

ATTENTION: If your bike has been impounded due to equipment violations by New York State DMV unfairly, contact me about a Law Suit. Mike (518)955-4459 {NY-Warren County B.A.D. Rep}

It does not matter where in the state of NY or what kind of motorcycle. The object is to gather as much case info/incident reports and potential plaintiffs for a class action suit against the DMV in this campaign to cease DMV's power to unjustly accuse,confiscate,auction off,destroy individuals property! Counsel is standing ready and Mike is prepared to lead the charge with B.A.D. packing the powder kegs! We need to get the message out throughout NYC/Long Island/Downstate/Upstate!

[Martyvz]

Some asshole that works at the DMV is probably riding it now.

[karen]

B.A.D. Alert - New York DMV Seizes Motorcycle

State judge sides with motorcycle owner and town
Written by Off the Wire
Bikers Against Discrimination - B.A.D. Alert - New York DMV Seizes Motorcycle

Below is the latest public news on the DMVs seizure of Mike Willig's motorcycle. Stay tuned as B.A.D. stays on top of this. Closure is coming! Also, listen to Mike's personal perspective on the 10/6/10 edition of the Biker Lowdown Radio Show!

[NOTE: Biker Lowdown Radio Show: THE BIKER LOWDOWN RADIO SHOW | Internet Radio | Blog Talk Radio ]

QUEENSBURY- It appears the man whose motorcycle is being held hostage by the DMV will soon get his bike back.

A state Supreme Court judge ruled today that a local judge has the right to order the Department of Motor Vehicles to return a motorcycle they confiscated from a queensbury man.

The DMV took Michael Willig's 1981 Harley Davidson a year ago and accused him of altering the vehicle identification number. The charge against Willig was dismissed, but DMV refused to give the bike back. When the Queensbury judge ordered the agency to comply, or be held in contempt, the DMV argued the local judge didn't have jurisdiction and they took the matter to Supreme Court.

Today, Judge David Krogmann sided with the bike owner and the local judge, sending the matter back to Queensbury, where it's expected d-m-v will be ordered to return the motorcycle.

Original article:
Last Updated (Wednesday, 06 October 2010 17:32) WNYT.com - State judge sides with motorcycle owner and town

[karen]

http://poststar.com/news/local/artic...cc4c002e0.html

DMV commissioner fires back over motorcycle seizure

By DON LEHMAN, dlehman@poststar.com
The Post-Star | Posted: Saturday, October 16, 2010 1:00 pm

The commissioner of the state Department of Motor Vehicles this week responded to criticism of his agency for its handling of the seizure of a Queensbury man's motorcycle, prompting a rebuke from the local resident's lawyer as the case heads toward another court hearing.

The case is that of Michael Willig, owner of Adirondack Seafood Co. He was charged with a felony last fall after investigators from the DMV seized a 1982 Harley-Davidson motorcycle from his business because they claimed its vehicle identification number was unreadable.

The seizure and charge have spawned a court battle that resulted in the criminal charge being dismissed, Willig's lawyer seeking to have the DMV held in contempt of court for not returning the bike and the state suing Queensbury Town Justice Michael Muller in an effort to head off a contempt finding.

Responding to a Post-Star editorial that urged the state to return Willig's bike, DMV Commissioner David Swarts wrote a letter to the paper claiming the agency was acting within the law and that it appeared the VIN had been tampered with and that it would be returned when a new VIN was purchased for $25 to make the vehicle street-legal.

Swarts said when DMV personnel looked over the motorcycle, "it was obvious that the VIN had been ground off. All that was left were the letters and number ‘HD1,' which indicates only that the motorcycle was manufactured by Harley Davidson," Swarts wrote.

Willig's lawyer, Kurt Mausert, scoffed at the accusation the VIN had been ground off and was illegible. Any damage would have occurred from wear and tear on the road, which is common with motorcycles where the VIN is exposed to the elements, he said.

He questioned how a DMV investigator could have recited the number to prosecutors with "99 percent certainty" in February if it was illegible.

"How can a DMV investigator claim to know the number with 99 percent certainty if only the first few digits are legible? Who is telling the truth? Did DMV damage the VIN in their inspection of it?" Mausert asked.

A call to the official who sent the DMV commissioner's letter to The Post-Star was not returned on Friday.

Mausert said Willig does not want to buy a new VIN because it's not legally required, and it would affect the motorcycle's status as a "classic." No longer being a classic bike would require him to outfit it with new equipment.

Mausert said Willig also has a valid, "clear" title that shows the last four owners of the motorcycle.

"The commissioner also doesn't deal with the issue that DMV continues to violate an order from the Queensbury Town Court that requires the return of the bike," Mausert said. "A member of the DMV told me that it was ‘only a Town Court order.' Translation: DMV regards itself as above the law when the law is not to their liking.

"DMV should stop being a sore loser, stop wasting taxpayer dollars and give back the bike pursuant to the court's order."

Since the DMV knows the bike's VIN number, it can simply put a new VIN plate with the same number on the bike at no cost to Willig, so he does not have to modify the bike, Mausert said.

The case is due back in Queensbury Town Court in the coming weeks, as Muller hears a contempt of court request filed by Mausert.

The hearing was initially scheduled for Nov. 1, but Mausert said he has asked for a new date in light of the fact that Nov. 1 is a regular court day in a court that has a full calendar.

[karen]

http://www.examiner.com/biker-cultur...ls-motorcycles

New York State DMV steals motorcycles?

* November 4th, 2010 12:12 am ET



Wednesday, November 3, 2010, was an historic (half) victory for Mike Willig of Hudson Falls, New York, against the NYS Department of Motor Vehicles. Some background on Mike’s case, as excerpted from Hank McGrath’s previous article (see "NYS DMV Discrimination Against Bikers"):

"The DMV WRONGLY accused an individual {Mike Willig of Adirondack Seafood, Hudson Falls, NY} with a felony for having a motorcycle with its vehicle identification number missing/removed and after this individual was arrested in front of his employee and customers, charged and incarcerated, he was later exonerated by a judge when records and vehicle identification documents were verified to be legit. DMV refused to return Mr. Willig’s vehicle - a 1981 w/a "73 Ironhead customized Harley Davidson, even AFTER the judge issued an order for DMV to return the property to its rightful owner!!! Instead, the Attorney General of NYS has filed legal action against the judge in an attempt to rescind the order, in a process quite like extortion, with no regard for the citizen’s civil and Constitutional rights; nor the legal process. It seems that citizens now face the same administrative-regime-process suffered by prisoners fighting for rights!"

The DMV not only wanted to affix a new VIN number to Mike’s bike before he was allowed to retrieve it, but they also affixed that very condition under which they held the bike in their possession, citing a section of law which was proven to be not applicable to Mike’s case, as the original owner of the motorcycle.

Mike’s case was heard in Queensbury Town Court yesterday, and after a lengthy hearing, with testimony from DMV’s lawyer and witnesses, the DA’s office, and Mr. Willig's attorney, along with some ridiculous objections by the DMV lawyer, Mike was finally able to retrieve his bike from DMV’s possession. However, this was not a full victory for Mike, as his bike was NOT returned in the same condition in which it was seized (he no longer has the original VIN number which was his major concern in this matter, as the VIN number determines the class and value of the bike), and upon examining the bike outside the courthouse, Mike discovered that the original numbers had been ground down to the extent that the numbers are illegible. Nevertheless, Mike is grateful and relieved that his motorcycle is back in his possession on his own property. The question of whether DMV is in contempt of court for not returning the motorcycle (without condition) after the original court order was issued will be determined at a future date.

Following the court hearing, another man approached DMV officials to present his own case of discrimination. Bill Pelton, of Averill Park, New York, was stopped at a roadblock on his way to AMJAM back in May 2009, for a broken taillight, but was then detained while law enforcement officials broke into his trailer to inspect the contents which included two of Bill’s motorcycles. Again, officials claimed the VIN numbers were not valid (despite Mr. Pelton holding title and all necessary documents to prove otherwise), confiscated Bill’s motorcycles, and after 12 months actually SOLD both bikes at auction, with no notice to Mr. Pelton! Apparently, these are not isolated incidences as it seems there is a pattern to this activity by DMV.

Supporters of Mr. Willig, namely Hank McGrath of B.A.D., and Carmella Brown of New York Rider Magazine were understandably very upset with this additional revelation and voiced their opinions to the lawyers and DMV staff members who were in attendance. Bikers Against Discrimination and New York Rider Magazine intend to assist Mr. Pelton in any way that is necessary and possible. This discrimination against motorcyclists should not continue, and Mike Willig is only the pioneer in what will surely be a long and difficult fight for justice.