John: The following is a petition and motion that has been in the making for many years now. We as a group here in Oregon, The Committee For Appropriate Enforcement of Motor Vehicle Laws, have been setting the ground work to expose the criminal racketeering operation the Department of Transportation really is and those behind the scenes responsible for the multi billion dollar fraud and extortion that has been business as usual in this state and through out the country for generations. Some of the names mentioned are the criminals that are a part of this operation not to mention the corruption of the entire system as a whole.
Richard L Koenig who is the main spear head on this event has spent the last 17 years researching and investigating the issues of travel vs driving and corruption in government and has enough evidence to sink a battle ship that will put several high officials behind bars for sure if the truth ever comes to light to the right authorities if any such authorities still exist. He has paid dearly for his work as well.
We all intent to move forward with this evidence and Intel and will need all the exposure, help and support possible to wake the people up to the reality of the our freedom which is the liberty of locomotion.
The plot thickens and the hits just keep on coming.
Who wants a Part" of this action~?
Who wants to sign their name to this as co-Petitioner?
Richard L. Koenig,
Rod Schmidt
465 NE 181st #464
Portland, OR 97230
IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MARION COUNTY
Richard L. Koenig, ) Case No. .
Rod Schmidt, )
Plaintiffs, )
PETITION FOR v. ) DECLARATORY JUDGMENT
Dexter Johnson, Bradd Swank, Nori McCann-Cross,
Eriks Gabliks, ) (Right to Arrest)
Respondents. ) 1. An Act of the Legislature in 1911 established the subject class of the motor vehicle laws as “operators for hire.”
2. No legislative enactment, since 1911, expanded the subject class of the motor vehicle laws beyond “operators for hire.”
3. The Oregon Vehicle Code was enacted as HB 2031 of 1983, nicknamed “the whale.”
4. During its passage, legislators stated that HB 2031 was not intended to change the law.
5. Numerous law enforcement officers (mis)understand the Oregon Vehicle Code to require licensing, titling, etc. of nonbusiness automobile users, and routinely take enforcement action accordingly.
6. Thus, it is apparent that some previous Legislative Counsel (probably Thomas G. Clifford) has altered the sense, meaning, effect or substance of the Acts making up the Oregon Vehicle Code.
7. Formal demand has been made upon Dexter Johnson:
You have been put on notice that numerous law enforcement officers, attorneys and judges misunderstand Title 59 of Business Regulations (Part 2) to require a license for nonbusiness use of an automobile on the public highways. That widespread misunderstanding evidences an alteration (apparently committed by a previous Legislative Counsel) in sense, meaning and effect of those statutes.
I hereby make FORMAL DEMAND that you correct such alteration.
8. Dexter Johnson has not corrected such alteration.
9. Formal demand has been made upon Dexter Johnson to
perform your duty to provide meaningful, usable, substantive legislative histories for the statutes in the Oregon Vehicle Code, particularly the definition of “operation”.
10. Dexter Johnson has not provided such legislative histories.
11. Formal demand has been made upon Eriks Gabliks:
that the DPSST cease and desist mis-training these officers.
12. Eriks Gabliks has not changed the DPSST training.
13. ORS 173.160 states:
173.160 Powers and duties of Legislative Counsel in preparing editions for publication. In preparing editions of the statutes for publication and distribution, the Legislative Counsel shall not alter the sense, meaning, effect or substance of any Act, but, within such limitations, may …
14. ORS 162.415 states:
162.415 Official misconduct in the first degree. (1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another:
(a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or
(b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties.
(2) Official misconduct in the first degree is a Class A misdemeanor.
15. ORS 133.225 states:
133.225 Arrest by private person. (1) A private person may arrest another person for any crime committed in the presence of the private person if the private person has probable cause to believe the arrested person committed the crime. A private person making such an arrest shall, without unnecessary delay, take the arrested person before a magistrate or deliver the arrested person to a peace officer.
(2) In order to make the arrest a private person may use physical force as is justifiable under ORS 161.255.
16. ???
COUNT I – DECLARATORY JUDGMENT
(Against Respondent Dexter Johnson)
17. Dexter Johnson has been put on notice that numerous law enforcement officers (mis)understand the Oregon Vehicle Code to require licensing, titling, etc. of nonbusiness automobile users, and routinely take enforcement action accordingly.
18. After being put on notice, Dexter Johnson knowingly fails to revise and edit the text of the Oregon Vehicle Code to make clear that is a business regulation whose subject class is “operators for hire.”
19. Dexter Johnson does so with intent to harm nonbusiness automobile users by causing them to be subjected to the fees, fines, arrests, searches, seizures, etc. that would be appropriate and lawful for owners and operators of motor vehicles.
20. Plaintiffs seek a declaration that they have the right to arrest Dexter Johnson for Official Misconduct in the First Degree (ORS 162.415).
COUNT II – DECLARATORY JUDGMENT
(Against Respondent Dexter Johnson)
21. Dexter Johnson has been put on notice that numerous law enforcement officers (mis)understand the Oregon Vehicle Code to require licensing, titling, etc. of nonbusiness automobile users, and routinely take enforcement action accordingly.
22. After being put on notice, Dexter Johnson knowingly fails to inform the DPSST and law enforcement officials that the Oregon Vehicle Code is a business regulation whose subject class is “operators for hire.”
23. Dexter Johnson does so with intent to harm nonbusiness automobile users by causing them to be subjected to the fees, fines, arrests, searches, seizures, etc. that would be appropriate and lawful for owners and operators of motor vehicles.
24. Plaintiffs seek a declaration that they have the right to arrest Dexter Johnson for Official Misconduct in the First Degree (ORS 162.415).
COUNT III – DECLARATORY JUDGMENT
(Against Respondent Dexter Johnson)
25. Dexter Johnson knowingly fails to revise and edit the text of the Oregon Vehicle Code so as to begin the legislative histories of the statutes making up the Oregon Vehicle Code with the actual legislative enactments which created or first changed the laws in question.
26. Dexter Johnson does so with intent to harm nonbusiness automobile users by causing them to be subjected to the fees, fines, arrests, searches, seizures, etc. that would be appropriate and lawful for owners and operators of motor vehicles.
27. Plaintiffs seek a declaration that they have the right to arrest Dexter Johnson for Official Misconduct in the First Degree (ORS 162.415).
COUNT IV – DECLARATORY JUDGMENT
(Against Respondents Bradd Swank, Nori McCann-Cross)
28. Bradd Swank and Nori McCann-Cross, during their compilation of the motor vehicle laws into “the whale” bill (HB 2031 of 1983), knowingly failed to identify the actual legislative enactments which created or first changed the laws in question.
29. Bradd Swank and Nori McCann-Cross did so with intent to harm nonbusiness automobile users by causing them to be subjected to the fees, fines, arrests, searches, seizures, etc. that would be appropriate and lawful for owners and operators of motor vehicles.
30. Plaintiffs seek a declaration that they have the right to arrest Bradd Swank and Nori McCann-Cross for Official Misconduct in the First Degree (ORS 162.415).
COUNT V – DECLARATORY JUDGMENT
(Against Respondent Eriks Gabliks)
31. Eriks Gabliks knowingly fails to teach law enforcement officers, during their training, that the Oregon Vehicle Code is a business regulation whose subject class is “operators for hire.”
32. Eriks Gabliks does so with intent to harm nonbusiness automobile users by causing them to be subjected to the fees, fines, arrests, searches, seizures, etc. that would be appropriate and lawful for owners and operators of motor vehicles.
33. Plaintiffs seek a declaration that they have the right to arrest Eriks Gabliks for Official Misconduct in the First Degree (ORS 162.415).
PRAYER FOR RELIEF
34. A declaration that Plaintiffs have the right to arrest Respondents Dexter Johnson, Bradd Swank, Nori McCann-Cross and Eriks Gabliks for Official Misconduct in the First Degree (ORS 162.415).
_________________________
Rod Schmidt
Added~Victims James Hamilton Terry Hamilton Marieyah Stayer right-to-arrest-Eriks Gabliks-Police Academy for Intentional -Official Misconduct in the First Degree (ORS 162.415)
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