B.A.D. Case Summary: DMV Motorcycle Seizure

Michael Willig owns a 1981 Harley.  DMV investigators showed up at his work and inspected his motorcycle.  They charged him with concealing/altering the vehicle’s VIN.  They also seized his motorcycle.  This charge was dropped and the judge ordered the motorcycle returned to Michael.  The NY DMV has refused to abide by the court orders and, along with the state attorney general, is suing the judge who issued the order.  The local judge, Judge Muller,  who presided over this case is now being “hung out to dry” by the town of Queensbury who is not going to hire representation to defend the judge.

The motorcycle is still in the DMV possession.  No crime has been committed.  Property has been seized.  This is another example of a government agency out of control and operating above the law.  This is not uncommon.  You will find that most state agencies are not beholden to court rulings.

This case will be heard July 30th 2010… B.A.D. will be there!

B.A.D. is actively involved in this case and is providing support to Mike Willig.

Help us help Mike!  Read Below and get involved!

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Below is an open letter from Mike Willig

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Dear Friends,

Queensbury Town Board is refusing to hire representation for Judge Muller, who is defending my Court Order against DMV and NYS AG. They are cowering to the State and abandoning Due Process that I am entitled to under the Constitution. If you can find time, please write a letter of protest to the Post Star or Chronicle to bolster support for Judge Muller. You dont need to say much other than what the Queensbury Board is doing allows a State agencey to block our rights under Due Process as New Yorkers and Americans. Please know that I am fighting for rights and not a motorcycle. I appreciate my friends and would not burden you with a selfish issue. It concerns us all.

Love,
Mike

http://poststar.com/news/local/article_f3744144-8e1b-11df-a2d3-001cc4c03286.html

Post Star
Editorial Department
P.O. Box 2157
Glens Falls, NY 12801
518-792-3131 x3220
contact@readthechronicle.com

Chronicle Editor
Box 153
Glens Falls, NY 12801

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Below is the story referenced in Mike’s letter as reported by the Post Star.

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Queensbury Town Board Meeting

Reported by PostStar.com

* Queensbury Town Board, Monday evening, 7/12/2010

Top story

* The Town Board, by a 3-2 vote, refused to authorize hiring a lawyer to defend Town Justice Michael Muller against an Article 78 lawsuit filed by the state Department of Motor Vehicles. The DMV is attempting to reverse the judge’s order that a motorcycle be returned by the DMV to Mike Willig, the vehicle’s owner, after the Warren County District Attorney’s office decided not to press charges in a case alleging the vehicle identification number was removed or tampered with, said Supervisor Dan Stec. First Ward Councilman Anthony Metivier, one of three Town Board members who voted against the measure, said there had to be a better way to handle the situation than for the town to pay $250 per hour for outside legal council. Second Ward Councilman Ronald Montesi and 4th Ward Councilman Timothy Brewer also voted against the proposal. Stec, who joined with 3rd Ward Councilman John Strough to vote “yes,” said his understanding was the case could have been settled if Willig had paid $25 to for a new vehicle identification number. But now it has gone beyond that to a complex legal case pitting multiple layers of government against one another, Stec said. The town’s lawyers determined it would be a conflict of interest to represent Muller because the the same lawyers argue code enforcement cases before the judge, Stec said.

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