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Letters to the Editor

Posted: Monday, August 27, 2001

People of the state of Alaska have sat idle and allowed our state elected officials and our elected governors to draft unconstitutional bills and sign them into law.

One such law is abridging people's fifth and 14th amendment rights. Any public official who is elected by the vote of the people should properly represent the people of the state. If elected officials take it upon themselves to become part of drafting or signing any bill into law which infringes upon the people's constitutional rights, then these elected officials are committing nothing more than malfeasance and malversation against their own people.

No wonder our prisons have a population explosion and more prison space is needed.

One such bill that was signed into law by one of our Alaska governors made it mandatory that all people suspected of driving while drinking shall submit to a breathalyzer test. A person who refuses to submit to a breathalyzer test will automatically be found guilty for the refusal, and the courts will charge the person with a second offense.

This second offense for the refusal to submit to a breathalyzer test shall become a complete and separate charge from a DWI sentence, whereby the courts shall impose more excessive punishments of jail time, more fines, more probation time and more revocation on a person's driver's license. This is double jeopardy, which infringes upon the people's fifth and 14th amendments rights and forces them to become a witness against themselves.

The Department of Public Safety -- and its Division of Motor Vehicles -- has been given the authority by the state to write its own administrative rules and laws governing DWI revocation of driver's license, revocation of driver's license for the refusal to submit to breathalyzer tests, and the number of years a person's driver's license is to be suspended or revoked. Whatever happened to our state court judges who should be the authority to revoke or suspend drivers license?

I am in the process of drafting for declaratory and injunctive relief against the state of Alaska in U.S. District Court because the state has unconstitutional laws which infringe upon the people's fifth and 14th amendment rights. One such unconstitutional law is forcing people to become a witness against themselves by submitting to a breathalyzer test, or being found guilty for a second offense, whereby more excessive punishments shall be applied to a person's sentence. This excessive punishment is double jeopardy.

The second lawsuit will be filed against the state of Alaska for relief from the state and monetary damages because the state of Alaska has passed an unconstitutional law which infringes upon a person's fifth and 14th amendment constitutional rights. Passing and signing such an unconstitutional bill into law has caused the people of Alaska to suffer.

What this unconstitutional law really boils down to is: Our state elected officials have come up with a binding, bogus law authorizing the state of Alaska to legally take away more of the people's money and state dividend checks, even though the law is unconstitutional and a double jeopardy standard. By passing such an unconstitutional bill into law for yet a second offense by the refusal to submit to a breathalyzer test is nothing more than excess punishment being imposed upon a person. However, people forget this second offense creates a monstrous cash cow for the state and its bureaucracy.

If a person is automatically found guilty for refusing to submit to a breathalyzer test, and the guilty person cannot pay for these excessive fines, then the state will become the collector and automatically attach the guilty person's dividend check. Get it, now? More money for our state bureaucracy.

More new prisons is not the answer, folks. Our problems start when we the people elect public officials and allow them to hide out in Juneau where they sharpen their pencils and draft new bills and sign them into law which inflicts excessive pain and suffering upon the people of Alaska.

If you feel you have become a victim of the state of Alaska and feel your rights have been infringed upon by certain mandatory state laws, then saddle up with me for the ride all the way to the U.S. Supreme Court if necessary. Phone me at 283-4533 for more details.

James Bounds

Kenai



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