Such review shall be in accordance with the Kansas judicial review act. In the case of review of an order of suspension under K.S.A. 8-1001 et seq., and amendments thereto, or of an order of disqualification under subsection (a)(1)(D) of K.S.A. 8-2,142, and amendments thereto, the petition for review shall be filed within 14 days after the effective date of the order and venue of the action for review is the county where the administrative proceeding was held or the county where the person was arrested. In all other cases, the time for filing the petition is as provided by K.S.A. 77-613, and amendments thereto, and venue is the county where the licensee resides. The action for review shall be by trial de novo to the court. The court shall take testimony, examine the facts of the case and determine whether the petitioner is entitled to driving privileges or whether the petitioner’s driving privileges are subject to suspension, cancellation or revocation under the provisions of this act.
It’s a trial, they don’t have a choice unless they change the way suspensions and disqualifications work and in the mean time there’s probably going to be a group of lawyers working to get an injunction for overbredth and likely for speedy trial because of the volume of appeals.
You understand almost dead and dead are two totally different things correct? But no you’re right, let’s not try let’s just roll over and not use the options available. I’m sure that’ll end up well.
Please forgive me for quoting myself from elsewhere:
The problem is that you respect and believe in words. The people currently in charge could give two fucks. Ultimately, words only have the power that we give them, so when those in charge ignore the Constitution, then the Contitution has no power.
[snip]
In the same way, there are rules and decorum and traditions in politics and revolve around the Constution and various bodies of legislature, et cetera. And so there’s nothing that ACTUALLY forces anyone to follow any of that except voluntary compliance or physical threat because policing bodies enforce things.
This is why the rich are free, largely, from most crimes. They aren’t enforced. And this is how our democracy crumbled. The Constitution hasn’t been repealed. It doesn’t have to be. It is simply ignored. Worse, those who claim to follow it shit on it and ignore it and throw it out.
So I’m afraid they do have a choice in the same way they have ignored due process and habeas corpus, as one tiny example.
Yeah nihilistic thought processes aren’t helpful. The only legal means of resistance is through the law and we most do it and do far honestly they’ve respected the process when push comes to shove because fascism has to pretend laws matter even when the law is dumb.
Can you name a time in recent history they’ve ignored going to court? I can’t. They’ve ignored the rulings at times but in this case you’re aiming for a class action to judicially overrule the legislation so they can ignore it all they want but the licenses would still revert back to being legal.
https://www.kslegislature.gov/li_2020/b2019_20/statute/008_000_0000_chapter/008_002_0000_article/008_002_0059_section/008_002_0059_k/
Such review shall be in accordance with the Kansas judicial review act. In the case of review of an order of suspension under K.S.A. 8-1001 et seq., and amendments thereto, or of an order of disqualification under subsection (a)(1)(D) of K.S.A. 8-2,142, and amendments thereto, the petition for review shall be filed within 14 days after the effective date of the order and venue of the action for review is the county where the administrative proceeding was held or the county where the person was arrested. In all other cases, the time for filing the petition is as provided by K.S.A. 77-613, and amendments thereto, and venue is the county where the licensee resides. The action for review shall be by trial de novo to the court. The court shall take testimony, examine the facts of the case and determine whether the petitioner is entitled to driving privileges or whether the petitioner’s driving privileges are subject to suspension, cancellation or revocation under the provisions of this act.
It’s a trial, they don’t have a choice unless they change the way suspensions and disqualifications work and in the mean time there’s probably going to be a group of lawyers working to get an injunction for overbredth and likely for speedy trial because of the volume of appeals.
Rule of law in the USA is almost dead.
You understand almost dead and dead are two totally different things correct? But no you’re right, let’s not try let’s just roll over and not use the options available. I’m sure that’ll end up well.
Please forgive me for quoting myself from elsewhere:
[snip]
So I’m afraid they do have a choice in the same way they have ignored due process and habeas corpus, as one tiny example.
Yeah nihilistic thought processes aren’t helpful. The only legal means of resistance is through the law and we most do it and do far honestly they’ve respected the process when push comes to shove because fascism has to pretend laws matter even when the law is dumb.
Can you name a time in recent history they’ve ignored going to court? I can’t. They’ve ignored the rulings at times but in this case you’re aiming for a class action to judicially overrule the legislation so they can ignore it all they want but the licenses would still revert back to being legal.