Petition for Hearing
As per the SPECIAL INSTRUCTIONS in the ORDER OF SUSPENSION/CANCELLATION, and my right under A.R.S. 28-3306(D), I do hereby request a hearing on this matter for the following reasons:
In the ORDER it is alleged that I "provided fraudulent information" to obtain my driver license, but this, in fact, is not correct.
According to Black's Law Dictionary (8th Edition), fraudulent is the adjective of fraud, which means:
1. A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his/her detriment.
2. A misrepresentation made recklessly without belief in its truth to induce another person to act.
3. A tort arising from a knowing misrepresentation, concealment of material fact, or reckless misrepresentation made to induce another to act to his/her detriment.
4. Unconscionable dealing; esp. in contract law, the unfair use of the power arising out of the parties' relative positions and resulting in an unconscionable bargain.
Under the definition of fraud, there is a list of different types of fraud without "fraudulent information" being listed. The closest phrase I can see is "fraudulent act":
Conduct involving bad faith, dishonesty, a lack of integrity, or moral turpitude.
When I offered my Texas Birth Certificate with my date of birth altered, I did not recklessly misrepresent any truth or conceal any material fact. Nor did I act in bad faith, dishonestly, without integrity or moral turpitude.
The fact of the matter is that I actually represented the truth and revealed a material fact (my true date of birth). I also acted in good faith, honestly, with utmost integrity and moral turpitude.
Instead of being fraudulent, the antonyms of "authentic, fair, genuine, honest, real, valid" (answers.com/topic/fraudulent) would be better used to describe information I provided to obtain my driver license which can and will be proved at the hearing, and a court of law.
Therefore, I did not violate anything listed in A.R.S. 28-3301/3306.
So now, I wait with eager anticipation for this hearing/battle to commence . . .
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