Keene Police’s prosecutor Jean Kilham is out to get me for being “resident” and not getting a NH driver license, however she knows her case is junk and dropped the criminal charge that was originally filed. Kilham admitted to me that she has now brought her case to the DMV where the burden of proof is lower, since it’s not a court, but an administrative tribunal. Ultimately her goal is the suspension of my so-called “privileges” to drive in the land known as New Hampshire. Her argument for this is not that I am a dangerous driver (never had an accident or conviction for any manner of dangerous operation), but that I’ve been disobedient. In her terminology, I’ve “misused and abused” the roads and system, by choosing to not be a “resident” and therefore not be liable for getting a license or registering cars in NH. Here’s the video of the full hearing:
After a nearly 45 minute verbal throwdown regarding the applicability of the constitution and statutes between Marc Stevens and the DMV hearings administrator, Michael King, King disconnects Marc and we continue without him. Obviously, I agree with Marc’s point that I never consented to their system and would like to know how, factually, their statutes and constitution came to apply to me. Since the bureaucrats don’t care to talk about that matter, I focused on their own rules, the NH RSAs. Their own statues (RSA 259:88) are pretty clear –
no person shall be deemed to be a resident who claims residence in any other state for any purpose
Kilham submits various papers and questions me regarding where I live, trying desperately to prove I am a “resident”, which is a legal status I have never sought in New Hampshire. Ultimately her argument is that “residency” is not something that one seeks and chooses for one’s self, and that it is to be forced upon everyone without consent. She calls the idea that there could be an “inhabitant” legal status (and therefore a legal way to avoid “residency” and still live here) “absurd” in her closing statement. She fears that if I am successful in this case that it will show others that residency is by consent, which is a huge threat to the system, from her perspective.
Therefore, I must be stopped. Please enjoy this 2+ hour hearing where at the end I remind Kilham that if she doesn’t like the statutes she can work to change them – the same line they always recite at activists when the activists don’t like some awful governmental oppression.
No decision has been made yet. The hearing officer will issue his ruling in under thirty business days. Will he acknowledge the difference between “resident” and “inhabitant”, or will he force the “resident” status on me somehow and ban me from driving for a year? Only time will tell – stay tuned here to Free Keene for the latest on this story.
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Good Job!
I don’t understand why the administrative judge is the one arguing the initial jurisdictional objection. You’d think that the party opposing the objection would be the one arguing against that objection.
I’m gonna count to 5.
HAHAHA, just about fell out of my chair when Ian said he rode his bike more than car.
I’m watching this and am not surprised they can’t give you straight answers. I’m not sure why they can’t answer these simple questions. They can’t even answer what the “state” is, even though it is the “state” that is prosecuting this hearing. The Administrator looked simply dumbfounded with that questions. As if he had never even thought about that idea. Blows my mind.
Love the butt shots! Her best side I am sure. I must say be careful about which words you use- Domicile may be considered a synonym… however, the statute is clear- being a resident anywhere else means you cannot yet be a legal resident of NH (No person). I wonder if you could get a drivers license in 1 state, a local landline in another, a bank account in another, and show you are a resident in multiple jurisdictions so you can’t be one in NH. Reminds me of the joke: Joe: I can prove you’re not here. Jack: But… Read more »
They will change the statutes. They don’t care whether they apply, because they force them onto everyone, and they will streamline them for those folks who seem to get away.
Thus is obviously a violent criminal organization, and I commend Mr. Freeman’s bravery for facing them down in such a friendly, calm manner.
[…] Stevens helped me draft this post-hearing motion to dismiss the DMV case against me filed by Keene Police prosecutor Jean […]
[…] Stevens helped me draft this post-hearing motion to dismiss the DMV case against me filed by Keene Police prosecutor Jean […]
In inhabitant wasn’t a good word to use… Inhabitancy distinguished fixity and permanence are said to be more strongly imported by the term inhabitancy than by residence In re Hughes Infants NY 1 Tuck 38 There is no doubt however that residence is based on INTENTION and PERMANENCE As affected by intention Residence is a question of intention The inquiry in determining it is quo animo the party either moved to or from the state In re Casey Pa 1 Ashm 126 Residence is a matter of Intention A minor cannot form such intention for himself In re Cannon’s Estate… Read more »
In the common parlance of the work “resident”, it is deriving its meaning as applied to the 14th Amendment where federal citizenship was foisted upon the freed blacks and the soon-to-be-conscripted unwitting whites. People are deemed to be citizens of the United States, and of the state where they “reside”. For the corporate body politic, a resident is one who derives “benefits or privileges” and thereby owing allegiance and coerced tithing called “taxes” for the enjoyment of those benefits. I took measures to remove myself from any presumption of residency when I renounced my citizenship and allegiance to the corporate… Read more »
A better word than “inhabitant” is to state you are a “transient.” I have used this term in court several times to clarify that I am here “temporarily” (which is the meaning of transient) and not “permanently” (which is the meaning of resident).
Why wasn’t conflict of interest brought up, where as there all paid by , representing the state and their pay depends on your loosing your case, and you can’t get a fair hearing?
Cara C, Massachusetts