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I Just Want to Take the Written Examine!

by Lee Allen Martin

On the 10th day of June of 2002 at about 3:45 pm I arrived DMV examination station in Springfield Missouri, 147 Park Central Square. I wanted to take the written examine for a drivers license. No, I did not want to take the drivers test, it was too late in the work day to be able to do that. No, I did not want to renew my permit. I just want to take the written examine, or fill out the application for a drivers license as maintained in Chapter 302 of the RSMo. 302.120 RSMo specifically provides that no one shall be denied an application for drivers application.

302.120. 1. The director of revenue shall file every application for a license received by him and shall maintain suitable indices containing, in alphabetical order:

(1) All applications denied and on each thereof note the reasons for such denial;
(2) All applications granted; and
(3) The name of every licensee whose license has been suspended, revoked or disqualified by the director of revenue and after each such name note the reasons for such action.

2. The director of revenue shall also file all accident reports and abstracts of court records of convictions, as defined in sections 302.010 and 302.700, received by him under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he has been involved shall be readily ascertainable and available for the consideration of the director upon any application for renewal of license and at other suitable times.

(RSMo 1939 § 8456, A.L. 1989 1st Ex. Sess. H.B. 3)
Effective 7-27-89

The language of the statute seems clear to me, the director is to file all applications received by the department. The catch is that the director does not have an application, and when one is requested it is simply laughed off. Why can't I just laugh off the statutes that I feel are not needed, or are outdated?

I met Examiner Ripple, D260, first and made my request and she refused to allow me to take the test and informed me that there is no application for a drivers license. Examiner Ripple wanted to take my expired permit and leave the office to take my permit with magnetic strip to another part of the building under the pretext that she want to speak to her supervisor. I demand that my personal property be returned to me or that I be allowed to go any place that my permit is taken to make sure that nothing is done to my personal property. She insisted that it was in her possession and tried to leave with my permit and without me. When she realized I would not allow this to happen she took the DL# down and gave the permit back. Then she went in to the back room, not the destination she was headed with the permit in hand and spoke to her supervisor. She requested that I leave the examination room and wait in the waiting room. I did.

Upon waiting I wanted to smoke a cigarette, so I stepped into the examination room to notify the personnel that I was going outside to smoke and they could get me there. That is when Examiner Cyrus, D12, came forward and announced she was the supervisor. Ms. Cyrus told me that they were not allowed to give me the written test because my permit could be renewed, and that it would be against the law to let me take the written examine. I could not believe what I was hearing. I asked that she tell me the statute number? Ms. Cyrus said that it was not a statute but rather a policy of the Department of Revenue and I could step across the hall and take that up with the DOR. I asked if she had the policy in her possession and that I be allowed to view the policy. No, I can not. She is going to call her supervisor at Troop D, and requested that I step out into the waiting room. I informed her I would be outside smoking.

Upon smoking a cigarette I returned to speak with Ms. Cyrus again, to which I was informed that a Trooper is on his way down to speak to me. I said fine. I went outside and stood on the curb and waited for the Trooper. The Trooper never showed, but members of the Springfield Police Department did and the rushed right by me to go inside and have a conversation with Ms. Cyrus. Officer Noble arrived first and jumped his car onto the sidewalk in front of the Heers Building. Major Ijames arrived next and seeing me on the curb drove past his parking spot painted blue for emergency vehicles and then made a 90 degree turn to park perpendicular in a parallel parking spot. I spoke to Major Ijames as he left his vehicle and rushed to join Noble in the DMV. Next Corporal Meacham arrived parking legally in a blue zone in front of the State Building.

Soon Ijames left, and Noble and Meacham came out to speak with me. I was given the Name Lt. Rothrock and phone #895-6868 as the supervisor for the office. I was told not to enter the building again. That they were closing for the day and I should leave.

With little left to do but go to jail, I left. I called Lt. Rothrock of Troop D. Lt. Rothrock told me that since 9-11 they have all kinds of terrorist trying to take the written examine for a drivers test and they were protecting all citizens from terrorists. I said I did not want to keep the test, only take it. He said I could not keep it, the policy and procedures do not allow for the citizen to keep the test. So what is the big deal this is an ordinary and very common function of the DMV. Lt. Rothrock said that even though I am the first to request to take the written examination when I did not need to it would be a waste of valuable resources if I was allowed to take the test. I requested to view the policy and procedures that were quoted to me. I was told I couldn't. I asked for the name of the Custodian of Record for the Policy and Procedure, pursuant to RSMo 610.023:

Records of governmental bodies to be in care of custodian, duties --records may be copied but not removed, exception, procedure--denial of access, procedure.

610.023. 1. Each public governmental body is to appoint a custodian who is to be responsible for the maintenance of that body's records. The identity and location of a public governmental body's custodian is to be made available upon request.
2. Each public governmental body shall make available for inspection and copying by the public of that body's public records. No person shall remove original public records from the office of a public governmental body or its custodian without written permission of the designated custodian. No public governmental body shall, after August 28, 1998, grant to any person or entity, whether by contract, license or otherwise, the exclusive right to access and disseminate any public record unless the granting of such right is necessary to facilitate coordination with, or uniformity among, industry regulators having similar authority.
3. Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records of a public governmental body. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. This period for document production may exceed three days for reasonable cause.
4. If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date that the request for the statement is received.

(L. 1987 S.B. 2, A.L. 1998 H.B. 1095)

The wording of the statute is clear. If a public governmental body is going to rely on statute, policy, regulation, etc. it is a public record and should be made available to the public. My request for the name of the Custodian of Record to Lt. Rothrock was answered in that he did not know the name of the Custodian of Record that there has been a change in that position and he could not find the name. Rothrock then decided to inform me that I would not be able to get the policy and procedures of the Highway Patrol. I said that is what the Springfield Police Department told me also. Rothrock then said I will find that the Missouri Highway Patrol is not the Springfield Police Department. I asked who would represent the department in court and he said the Attorney General. To which I replied I have had to deal with them before guess I will just have to deal with them again.

The SCARY TRUTH

Law enforcement is not protecting us from terrorist. They are protecting their own illegal conduct from being brought to the light of day. Rothrock's statement that terrorist were trying to take a drivers test may be valid, but the knowledge of the rules that govern the road is not helping the terrorist commit crime. In fact the licensing procedure would tend to deter the individual from doing criminal acts as his information is placed in many databases for all law enforcement to view. Why do the people most responsible in protecting the citizens of the state of Missouri not know the statutes that govern their office? When these organizations do not adequately take to keep all personnel informed of the chain of command and responsibility how can we entrust them with our security? We can't. Lt. Rothrock does not know his own offices and officers how can he recognize a terrorist? He doesn't, he recognizes threats to his own office. The threats are not made by terrorist but rather citizens in the ordinary function of there daily lives.

The sad and scary truth is that these agencies designed to protect us and to provide for the free functioning of our constitutional rights are the terrorists. These agencies have no intention but to subjugate the populace, and ignore all that the legislature does.

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