I recently had a hearing at the DMV where the Keene police prosecutor, Jean Kilham, attempted to prove that I am a “resident” and that therefore I have to get a NH driver’s license. I argued that “residency” is something that one must voluntarily seek. Originally, Kilham had brought criminal charges against me for not getting a license, but then dropped them before the trial and told me she was going to go after me via a DMV administrative hearing as the burden of proof was lower.
She has succeeded, as expected, in having DMV administrator Michael King rule in her favor. According to his 12-page “Decision”, I will no longer have the “privilege” to drive in New Hampshire starting Novemeber 5th. The document does claim on the final page that there are “appeal rights” regarding the decision, as outlined by RSA 263:76. The word “rights” might make you think you have a right to appeal. However, on a trip to the Cheshire “superior” court, I was informed that there would be a $250 filing fee in order for me to use my “right” to appeal.
I filed a motion to waive the filing fee, citing that RSA 263 says the court “shall” rule in the case of appeal, which sounds obligatory. I also cite the NH constitution’s bill of rights, article 14, which states that legal remedies should be free. Finally, I cite a religious objection to funding an unjust and unfair system. Judge John C. Kissinger denied that motion citing Lamarche v McCarthy 158 N.H. 197 (2008). In that case, the NH Supreme court re-iterated several previous rulings that basically claim that NH Article 14 doesn’t say what it says. (more…)
My recent speeding ticket case in Hillsborough showed, yet again, that consent is not required for the state agents to act against your freedom, even though you are hurting no one. It even had a moment where a former police officer basically admitted knowing nothing about the constitution to which he supposedly swore an oath.
As reported here previously, the “City of Keene’s” smoke alarm case against me was recently in jeopardy of being dismissed as per the order of the Supreme Court. Now the have filed a five page memorandum of law explaining why RSA 606:10 V should not apply to their case. The Attorney General’s office has weighed in as well, with a boring 12-page filing on the same issue.
The filings argue that the RSA does not apply to civil cases and then they try to convince the Supreme Court that their matter is civil (though the district court files them as criminal…) so, they believe the case should move forward. The court has yet to issue an order on the matter. Stay tuned here to Free Keene for updates on this ongoing ridiculous case that the city people continue to fight with your tax dollars.
Premiering in this week’s AKPF #1 timeslot is Aqua Kourt Pillage Feud #02, the second installment of Robin Hood of Keene‘s edited trial highlights from the raw full hearing. The next such occasion is scheduled for September 30 and October 1, unless a motion to dismiss filed by attorney Jon Meyer is granted prior. An episode last month featured Pete’s testimony chopped down to a format easily consumable by a televisual audience. This week’s video consists primarily of parking enforcer Linda’s testimony, and drudges on indefinitely until details begin to emerge.
Last night the Keene PLD committee voted 5-0 to approve the proposed ban on synthetic drugs in Keene. Many in the community came out to speak on the issue, most of whom spoke for the new prohibition. Led by a group of confused, angry local parents, the prohibitionists won the day with their fear-based arguments justifying the violence the people calling themselves “the city” will soon employ against the poorest of victims – drug addicts.
The commission pretended to care as the opponents of prohibition spoke in favor of freedom and pointed out how prohibition created synthetic drugs in the first place, that prohibition never works, and the war on drugs only makes addicts’ lives worse.
Truth was of no concern to the committee. They overwhelmingly bought the prohibitionists’ claims that their ban will make things safer, when all the evidence points to the opposite. Force does not work and always creates unintended consequences. Force is not compassion for our sick, addicted neighbors.
The matter now goes to the full council where it will likely pass, despite not even likely being legal by their own rules. Of course, when have their own rules ever stopped them from doing what they want?
Of course, Dan is not the only person who has been inspired to move here by the anti-BEARCAT activism – there are likely many more who do not have blogs and/or have decided to not announce their decision to sign the Free State Project’s “Statement of Intent” publicly.
Rest assured, more liberty activists are coming. The more ridiculous and outrageous the NH state-believers become, the more people will move here and get active. The state-believers are not even close to having learned their lesson about not aggressing against peaceful people yet, so I must thank them for inspiring more influential activists like Dan to move here and concentrate their activism! Yay!
I recently had a hearing at the DMV where the Keene police prosecutor, Jean Kilham, attempted to prove that I am a “resident” and that therefore I have to get a NH driver’s license. I argued that “residency” is something that one must voluntarily seek. Originally, Kilham had brought criminal charges against me for not getting a license, but then dropped them before the trial and told me she was going to go after me via a DMV administrative hearing as the burden of proof was lower.
![smokeDetector[1]](https://i0.wp.com/freekeene.com/wordpress/wp-content/uploads/2013/02/smokeDetector11.jpg)
