Beruflich Dokumente
Kultur Dokumente
PO Box 300271, Jamaica NY 11430 >>>
September 26 2006.
Commissioner David J Swarts
Department Of Motor Vehicles
6 Empire State Plaza
Albany NY 12228
Re: Suspension orders # CO510270000, and #J255433.
Dear Commissioner Swarts:
Allstate Insurance Company, has provided continuous coverage for
my vehicles since December 12 2003. The subject policy, 073 781 113,
was renewed in 2004, paid in full, and expired on or around December
12, 2005. On November 25, 2005, and November 30, 2006, payment in the
amount of fourteen hundred and forty six dollars ($1446.00) was made
to Allstate by USPS money orders # 09195729625, 09195729614,
10649756158, and 10649756147. The policy was paid in full through
December 12, 2007, in full compliance with the vehicle and traffic
Law.
On March 12, 2005, Allstate canceled the policy for nonpayment,
and "technically deficient" reasons. The DMV suspended my
registration as a result of the cancellation. Following my complaint,
and an investigation by the Department of Insurance, the Policy was
reinstated by Allstate, and the suspension rescinded by the DMV. A
review of the DMV records clearly and accurately show, the policy
have not been canceled since it was reinstated.
However, “THE ABSTRACT” of the record, (Suspension order
CO510270000 issued November 09 2005) indicate that my insurance
policy was not in effect, contrary to the record.
On July 22, 2004, I was issued summons #4230255433, for
OPERATING MOTOR VEHICLE WITHOUT INSURANCE. The subject vehicle was
insured. Both the DMV and Allstate's records confirm that the vehicle
was insured. The DMV record including the abstract clearly and
1
accurately show that the summons was answered.
In addition, following a review of the record the by the Judge
at the DMV in Hauppauge, he determined that the suspension made no
sense, however he would nor rescind the order. I was ordered to leave
the Courtroom, and threatened with physical removal, if I did not
comply immediately.
Despite my compliance, the record accurately confirming said
compliance, and my license was in effect after October 21 2005.
(suspension date) “THE ABSTRACT” of the record, (Suspension order
#J255433, issued October 21 2005) indicate that I failed to answer
the summons, contrary to the record.
The obvious discrepancies which I did not cause, could not have
prevented, cannot correct, and does not constitute my violation of
any Law, was brought to the attention of the DMV on numerous
occasions beginning as early as around November 2005.
In the past the DMV have attributed the cause for the
discrepancies to Allstate, and the Department of Insurance the
agency with jurisdiction to resolve the problem.
It's obvious that since the DMV is responsible for maintaining
the accuracy of it's record, only the DMV has standing to file a
complaint with the Department of Insurance against Allstate for the
discrepancies, especially since Allstate did not suspend my policy
after reinstatement.
On June 26 2006, following a traffic stop in Suffolk County, I
was charged with; AGGRAVATED UNLICENSED OPERATOR MOTOR VEHICLE;
OPERATING MV WITH SUSPENDED REGISTRATION; OPERATING MOTOR VEHICLE
WITHOUT INSURANCE, and FAILURE TO RETURN LICENSE/REGISTRATION PLATES.
(Docket #2006SU036423S) The evidence supporting the charges, and
justification for my prosecution, was the false abstract information.
On November 20 2006, all charges were dismissed.
Last year, on Martin Luther King Jr. Day, while talking on the
phone, in the company of two uniformed Officers in the parking lot at
the Home Depot Shopping Center in Elmont New York, I was arrested.
The evidence supporting the charges and justification for my
prosecution was the same false abstract information, even though all
charges relating to the information were dismissed on November 20
2006.
My legally registered and insured vehicle, which is the source
2
of my income, was taken under the guise of an impound. It's
registration was “suspended” for over five hundred days. My driver's
license have also been “suspended.” I have been unemployed, living on
the street, and have developed pedal edema. (See attached
photographs)
It's well established that suspensions are penalties imposed for
failing to comply with the Law. I have not violated any Law, and I am
respectfully requesting that the DMV correct the inaccurate
information.
A criminal record, unemployment, homelessness and it's stigma,
has far reaching repercussions.
Thanking you in advance for your prompt attention.
Respectfully yours.
.........................
Dorrel Holmes.