DMV sues Queensbury judge over seized motorcycle ruling

OFF THE WIRE
Written by Preacher Chuck D.
Bikers Against Discrimination - B.A.D. Alert - New York DMV Seizes Motorcycle
B.A.D. is actively involved in this case... stay tuned for updates.
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QUEENSBURY - The wheels of justice have taken a detour for motorcycle owner Mike Willig. Willig was hoping to get his 1981 Harley back last week, instead, he's still waiting and the judge who ordered the Department of Motor Vehicles to return it is being sued by the DMV.

It all began in September when DMV investigators showed up at Willig's Queensbury restaurant and took away his Harley accusing him of concealing or altering the bike's Vehicle Identification Number. They came back and arrested him a few weeks later. The charge was dismissed and Queensbury Judge Michael Muller ordered DMV to give Willig's bike back. But that hasn't happened and Willig's still fighting for it, "It's about being an American and having rights and not fearing your government."

The State DMV has filed an Article 78 proceeding against the judge, saying he doesn't have jurisdiction in the case. The matter will next be heard in Supreme Court in Warren County.

The Queensbury Town Board voted against hiring outside legal counsel to defend the state lawsuit against the town judge.

Town Board member Ron Montesi was among three councilmen who voted "no."

"My negative vote not to defend him was more or less to push the issue and put it in front of the state and say this is kind of frivolous."

Frivolous or not, the suit rolls on and Willig waits for his bike to be returned, refusing to buy a new Vehicle Identification Number as DMV wants.

"The case was dismissed and now he gets his property back. That's because this is America, not North Korea. Someone should tell DMV. They want a lesson in geography. Look at the map. This is not North Korea," says Kurt Mausert, Willig's attorney.

Mausert is hopeful that the Supreme Court judge will send the case back to Judge Muller and DMV will be held in contempt. DMV has said that Willig can have the bike back if he buys a new VIN. Willig refuses, arguing that buying a new one would be an admission of guilt.

original article