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What attorney do I need for helping me to hold DMV accountable for violating my rights to liberty, and freedom of movement?

Portland, OR |

What would warrant me by the State of Oregon and/or any Department/Agency/Organization/Representative thereof/in to be insinuatively deemed as NOT: living, dwelling, having domicile in/of, and/or being a resident-and-citizen of the State of Oregon and its territory: that my right to liberty of movement be unconstitutionally and discriminatively infringed upon (Driver's License Suspended) without any Trial and or Hearing held by any Common Law jurisdiction and or court: that my status as said resident and citizen be implied to be ‘Non-Lawfully within the territory of the State of Oregon’. If I am however lawfully within the territory of the State of Oregon, then how am I any type of threat to national security, public order, public health, morals, and/or the rights and freedoms of others?

Article 13 of the Universal Declaration of Human Rights reads: (1) “Everyone has the right to freedom of movement and residence within the borders of each State.” And then in: Article 12 of the International Covenant on Civil and Political Rights incorporates this right into treaty law: (1) “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.” And goes onto say within same source that: (3) “The above-mentioned rights shall not be subject to any restrictions except those provided by law, are necessary to protect national security, public order (ordre publique), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.” What type of attorney specializes in this?

Attorney Answers 3


  1. It sounds like you need a Civil Rights attorney -- visit the Oregon State Bar's website, or give the Bar a call. It may help if you describe the facts of what happened when you talk to an attorney, rather than your legal conclusions -- otherwise, it's as if you visit a doctor and tell him your own diagnosis before the doctor has even heard your symptoms. Of course though, you should do that in the privacy and confidentiality of the professional's office -- not on the internet. Good luck!


  2. It really depends on the reason that the DMV did this. If there's truly no reason, then yes, you may want a civil rights attorney. But I strongly suspect that the state has at least some reason it would propose to explain its actions. For example, one common reason for a driver's license to be suspended is nonpayment of child support. If this is what happened in your case, then you need an attorney who specializes in domestic relations.

    One other thing: You need to adjust your expectations. Revocation of a driver's license may be a civil rights issue if it is done for discriminatory reasons, but is not for the reasons you think. Loss of a driver's license has nothing to do with your "freedom of movement." You are allowed to move about without a driver's license. Driving is a privilege, not a right.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  3. If you've got a pending DUI case that may impact your license, I suggest retaining a locally experienced DUI attorney. There are tangible issues that need to be addressed in a timely manner. My advice is to deal with those first before taking a constitutional rights approach. Good luck.

    Jasen Nielsen