It might be a passing fancy, but after I got on facebook the other day, I was totally consumed with how easy it is to make posts and link to articles, and do a little commentary. The only problem that I can see is - if you’re interested in your statistics and visitors, you’re out of luck. So I’m on facebook under Caoilfhionn - in case you’re on there look me up and let’s be friends.
>
I thought it was odd that the “Visit Entry Page” would in fact be some weird web address that doesn’t even belong to my blog, so I did a search for it, and this is what I found:
Very odd.
A tightly knit group of socialists seem to find my posts quite interesting…and are emailing them to one another. Who lives in Oakland and would email someone in Los Angeles, and who do you suppose is in Los Angeles who would even care that I’m making fun of exposing socialist utopian dreams as mere fantasy?
Curious.
What were they looking at?
Who cares if someone has a paypal button on their website?
I don’t know of any blogger that doesn’t.
Why would someone in their right mind complain about someone who is reporting interesting things, providing pictures and video, and valuable commentary?
To some people, great blogs are worth putting a few bucks in the tip jar.
What do YOU Think?
Kender is back, and that’s such a good thing.
There is still a lot of work to be done, but there is light at the end of the tunnel and he has a game plan and sees a future he can build for himself-ahead.
For those of you who were concerned about the motor home, a new strategy is now in place, and we will not be needing drivers.
Thanks to the blogging community for your love and support.
He is still in need of funds, if you can spare even coffee money, go to his site and click on his paypal button in the left hand side bar.
Previous posts:
I don’t want to be hysterical, but I am right now. It is the most helpless feeling in the world to have a friend in crisis, be unable to get him on the phone or by email, or any other way - because of distance and geography. Damnit it all.
May God protect him and keep him tonight and every night until we hear something.
And I pray to God we hear something. Soon.
As Rick Moran points out in his post here asking to help out a friend in need:
He is funny, passionate, witty, opinionated, loud, obnoxious and a bane to liberals and trolls all across the blogosphere. For someone like that, can’t you see your way clear to dropping a few bucks in his tip jar?
We need to support people like that, there are too few of them around. Kender is a one of a kind - manly funny man, who I am proud to call “friend”. And should any of us hit a low point in our lives, it is a nice thing to know that we have friends that can rally around us. That can make all the difference in the world, and that’s why I’m joining Rick and others in asking for you to help - in whatever amount you can.
If this doesn’t work, go to Kender’s site and use the paypal button in the left hand side bar.
Thomas Sowell has a great piece up on “Change in Politics” -regarding Obama and why the “change” rhetoric is merely repeating the failures of FDR regarding the economy, but points out that at least FDR had the sense to be strong on national security.
Obama doesn’t have FDR’s sense, although he shares the love for social programs.
Obama’s minions have been busy creating obfuscations regarding Sarah Palin, which is a good sign. LGF pointed out the connection to “Fight the Smears” and anti-Palin websites, which seems to indicate that “fightint the smears” involves inventing smears against political opponents. Their hysteria has involved a number of insults to McCain, as well.
Obama doesn’t have any women in his organization, he didn’t chose a woman as veep, but what his campaign has been fighting for was to prevent Hillary Clinton from getting into the Oval office, and now to prevent another woman from having a role in this, -Sarah Palin.–with women’s votes.
The Obamanazis have been searching for a picture of Sarah Palin in a bikini. Why they think that would be disparaging, I don’t know - she was formerly at one time Miss Alaska; a beauty queen. But as see-dubya has pointed out, they tried that same bikini schtick with Michelle Malkin, and it didn’t work.
But they don’t realize that their disgusting ploys rarely work; it just goes to show that they’re bereft of class and civility.
Take a look at this post again and notice how many insults there are in it - without a shred of evidence or fact; it’s complete spin!
Mooseburgers for Everyone to Celebrate Palin, McCain’s VP Pick!
By Tracy DC ☮DC T☮ YesWeDid - Aug 30th, 2008McCain chooses Sarah Palin for VP spot (after meeting her once) to woo disgruntled Hillraisers, to get financial support from his heretofore unexcited conservative base who was gonna vote for him anyway, as an attempt to reignite his fading image as a maverick, and because he fantasizes what the former beauty queen looks like when the hair comes down and the glasses come off.
That part about the hair coming down and the glasses coming off has been edited out if you go there now. The depiction of conservatives’ being disgusted with McCain up until this point, though, is completely true. But it’s about the only shred of truth in this blog posting at myobama.com
Moreover, I’m sure McCain is trying to figure out if she can be paid less for being a VP than his other strung-along would-be male picks since he’s against equal pay for women. The above must be the reasons since Palin’s experience does not qualify her to potentially be a heartbeat away from being the Leader of the Free World, even more troubling, when you consider whose 72 year old little off beat heart we’re talkin’ about, here.
He’s against equal pay for women - what? Where’s the proof of this? Palin’s experience is similar to that of Obama’s in years, and if you’re going to compare the two and call Palin inexperienced, then you’ll have to admit that Obama is, too. In fact, Obama’s veep choice Joe Biden, demonstrates Obama’s insecurity on the ‘experience’ issue, but also demonstrates that Obama is about politics as usual because Biden has a breathtaking 30 year career in the Senate - having accomplished a number of things during that period which are hardly items to brag about - such as defending the agents that murdered the people at Waco and a young boy, Sam Weaver. and a young mother holding her baby at Ruby Ridge, Vicki Weaver.
All this while completely disregarding Cindy McCain who is very accomplished in her own right, this person depicts McCain as a man who would not treat Palin equally, despite the fact that McCain - not Obama - chose a young woman running mate. Obama was fighting Hillary, and now he’ll be attempting to use women’s votes against Palin. Democrats don’t REALLY believe in ‘equality’ that’s why they have different rules for different groups. And the attack on Palin’s experience reflects this individual’s disconnect from reality, since although Palin’s inexperience is comparable to Obama’s, she has 7 years of executive experience, and being the governor of a state that is flanked by two foreign countries, Canada on the one side and Russia on the other. So she has an awareness of the threat that Russia poses moreso than Biden or Obama, despite Biden’s 30 years of politics as usual. That’s not to mention Biden being a barrel of gaffes. (Recall “you cannot go to a 7-Eleven or a Dunkin’ Donuts unless you have a slight Indian accent.” and “I mean, you got the first mainstream African American who is articulate and bright and clean and a nice-looking guy.” )
They’re making points for the other side with this stuff.
To end on a positive note with regard to Palin, you can’t deny her superwoman status–three days after giving birth to her son with Down Syndrome (now 5 months), she was back in the office trying to make sure that polar bears aren’t considered an endangered species, that BIG OIL rules, that incest and rape victims do not have a right to abortion, and that creationism will be taught in school, that is, if one can’t home-school.
No worries about missing dinner for her big family of 7, she’s got that handled too. She’s a moose hunter and has enough frozen microwavable mooseburgers to feed an army stored up for a year! Can’t wait to debate her myself!
quite a bit of stereotyping going on there, heh?
Polar bears are not an endangered species. Palin is not about “big oil” but about energy alternatives. Taking our dependence off of foreign oil is something we should be actively seeking - and of course we won’t see the benefits of doing it for at least 5 years; that’s a given. We should also take proactive measures in order to activate dormant refineries.
How many incest and rape victims are impregnated by rape? She should examine her statistics. And what is wrong with creationism being taught in schools when there is no evidence of evolution in the fossil record, and evolution has never been witnessed? There is certainly more evidence for creation than there is for evolution; what that individual is doing is railing against Christianity as most ’scientific’ socialists do. The problem is when you look at the science, science backs up the biblical version of how the earth came into being; and is extremely scientific.
I would look forward to Palin debating this moonbat, that post demonstrates how moonbattery involves no rational thought.
Incidentally, all the talking ponts she brought up are out of an email that came from moveon.org:
Notice how many times moveon.org gives references to itself as proof. Although they’re citing outside articles, I think it’s rather funny.
As a commenter said in my comments section–at Obama rallies, they’re yelling O-ba-ma! And at McCain rallies, they’re chanting U-S-A! That’s about all you need to know about the two campaigns; one is to coronate a socialist dictator, the other is for service to our country. One is for strangling the taxpayer with blinding taxation, the other is for cutting the pork and special interests and returning us to representative government.
Should that happen, I can see the ancient carreers of people such as Dick Durbin and Joe Biden going by the wayside. I’d like to see a change in the rules for representatives - in that they have limited terms, and would not be allowed to behave as though they’ve been given a lifetime appointment.
Sarah Palin is about REAL CHANGE. She’s fought for it within her own party. She represents all that is good, and is a mother of five children, a lifetime NRA member, hunts and fishes, and loves moose stew.
She is refreshing and as Uncle Jack said in this post, Palin is turning the conservative base who was formerly disgusted by McCain, –around to voting for him.
Trackposted to The Virtuous Republic, Perri Nelson’s Website, Is It Just Me?, Mark My Words, Rosemary’s Thoughts, Right Truth, DragonLady’s World, Shadowscope, , Leaning Straight Up, The Amboy Times, Democrat=Socialist, Pursuing Holiness, Pet’s Garden Blog, third world county, , Woman Honor Thyself, A Newt One-McCain/Palin out front, Pirate’s Cove, , The Pink Flamingo, Dumb Ox Daily News, Right Voices, Blog @ MoreWhat.com, A Blog For All, , NN&V, Conservative Cat, Nuke’s, Diary of the Mad Pigeon, Allie is Wired, Political Byline, McCain Blogs, The World According to Carl, , Beagle Scout, and CORSARI D’ITALIA, thanks to Linkfest Haven Deluxe.
People claim they have superior infrastructure - but they also have slave labor. The chinese sacrifice ‘for the common good’ –beyond that which we would ever imagine. You wonder what it is Michelle Obama is talking about when she says Barack is never going to let you go back to the way things were? This is a picture of a few Chinese slaves. *And since it’s AFP and Time and the International Herald Tribune doing the reporting, there’s no telling what the real story is behind that picture. The caption reads:
Workers rescued from a brick kiln in Linfen in Shanxi Province. Brick factories in the Chinese province enslaved hundreds of children, according to reports this week. (AFP)
I hate communist China, particularly their persecution of Christians - they don’t treat their people very well; girl children are not valued; women are only allowed two pregnancies - and if she experiences two miscarriages, tough tiddly winks. The other part, of course, is that it’s COMMUNISM, people have no freedoms there like we do, and - they have little opportunity to improve their lives because it’s the ‘redistribution of wealth system’ where the Chinese versions of George Soros and Barack Obama control everything. Not to mention; when they have a change in political leadership, assassination oftentimes preempts it.
That’s the way it is in most communist/socialist countries; they get rid of their predecessors, which is why this impeach Bush and bring him up on war crimes stuff gives me the willies.
Because the Olympics took place in China and they were making a big deal of spreading propaganda about how tolerant they are-I have not talked about the Olympics because of it.
But…I’ll have to refer you to Alec’s post on the giant orgasm which was the grand finale of the event.
What if Zhang Yimou pulled off the best practical joke in history, and nobody got it?
Zhang Yimou plays the best practical joke in history on Chi-Com leadership, and the world
And here’s the special blog he set up that has all the fantastic pictures and link to video.
The Closing Ceremony Orgasm Blog
Leave it to Alec to figure it out, LOL. I can’t stand Communist China. ugh.
Hit his donate button - and send him some bucks - he sure can use it.
A great interview with Ron Coleman at Rightwing News illustrates the trouble we can get ourselves into as bloggers.
The part about publishing pictures was of particular interest to me.
What’s the most common mistake you see bloggers making? What are you seeing people do that could get them sued?
Well, it’s fair to say that well over 90% of bloggers are not risking any legal trouble. Most people write their original thoughts, they make legitimate links, and even things like hotlinking graphics, even aside from the copyright issue, are probably not actionable. It’s interesting to think about whether if you knocked out someone’s website with a hotlink to a graphic, he could come after you on a trespassing theory…
But, if there is any single problem that seems to consistently be out there, it’s copyright infringement regarding the use of photographs from news services.
Read the whole thing.
How many times have we seen this play itself out where the Obama bloggers are concerned?
Now we have another example of it - techdude, who exposed the Kos Obama birth certificate as a fraud.
Pam Geller says she’s heard from techtude, who apparently has been on the receiving end of malicious attacks; personal attacks - and his wife is so frightened by all of this, she’s begged him to stop - because she’s even afraid to leave the house to go to work!
And why might that be…?
Because Obama bloggers can’t handle the truth!!!
This is the same exact approach they’ve taken with Larry Sinclair, and they sure seem to have a lot of time on their hands to devote to these terrorist acts.
They have in effect terrorized techtude and his family to the point where they won the argument by silencing him; not because they have an expert with meticulous data and comparisons to a real COLB that proved Techndude’s findings that the Obama birth certificate is a forgery were wrong.
And they’ve done the same thing to Larry Sinclair in terms of threats and terrorizing friends, supporters and family members - even DEATH THREATS aimed at Sinclair, his lawyer and his mother- only Sinclair hasn’t stopped.
To: lws022737@hotmail.com
Subject: [Cao’s Blog] Password Reset
Date: Sun, 20 Jul 2008 16:26:48 -0400
From: wordpress@caosblog.comSomeone has asked to reset the password for the following site and username.
http://caosblog.com
Username: larry sinclair
To reset your password visit the following address, otherwise just ignore this email and nothing will happen.
http://caosblog.com/wp-login.php?action=rp&key=17aade9f
If anyone is getting a message like that from my blog, please let me know.
Someone is playing games. I know who the people are who are signed up on my blog; the commenters do not need passwords. Larry Sinclair isn’t a writer here, he’s a commenter.
I have also been getting a lot of emails that all of Larry’s supporters signed up as users on my blog. The funny thing is; I don’t give that link out, I don’t invite people to do that unless they write here.
so now I think i’m going to leave the evidence where it is - as long as it does no harm - so that I can collect it, index it, etc.
Look in the comments section on this post for more of this type of spam.
He thinks he’s very clever, obviously.
I stand corrected; whoever is doing this has wordpress knowledge and is using this blog to spam people. Well…I have that knowledge, too and shut that off.
It says “account has been suspended”
I just hope he’s all right.
Open thread - except for Obamablognazis.
I was hoping to go to the race track today, but it looks like it’s about to rain…it’s been raining all weekend.
~~~~~~~~~~~~
Date: Sun, 20 Jul 2008 09:15:28 -0600
From: support@hostmonster.com
To: lws022737@hotmail.com
Subject: WEB HOSTING ACCOUNT DEACTIVATED for LARRYSINCLAIR0926.COM
Dear Lawrence:
Your web hosting account for larrysinclair0926.com has been deactivated (reason: call customer support).
Although your web site has been disabled, your data may still be available forup to 15 days, after which it will be deleted.
If you feel this deactivation is in error, please contact customer support as soon as possible.
Thank you,
HostMonster.Com Support
http://www.hostmonster.com
For support go to http://helpdesk.hostmonster.com/
Toll-Free: (866) 573-4678
““““““““““““““““““““““““““““““““““““““
Death Certificates that have been posted online
Elvis Presley’s Death Certificate
And quite a few on the geneology pages like this one that didn’t even bother to X-out part of the person’s social security number.
Now why would host monster suspend the account for putting up a death certificate when death certificates are up all over the web? And without sending Sinclair an email about it?
Something is very odd here.
~~~~~~~~~~~~
And that doesn’t take into account that the Daily Kos’s Obama birth certificate is alleged by some to have been forged.
So isn’t that interesting? The Obama bloggers were saying it wasn’t legal to post this on the internet, and they were saying that Sinclair can’t possibly obtain these records.
Both of which turned out to be false. So what else have they been lying about?
Which turns out to be true in terms of Illinois law. I have taken down the links and will do further investigating.
Death records are not public records and are only available to those who have a personal or property right interest with the decedent. If you are not a relative of the deceased person, a letter or document from the office or agency that needs the death certificate must accompany the request.
But this is not ‘law’, and Vital Records turned over that death certificate to Sinclair when he paid the fee and did what was required without being someone with a ‘personal or property right interest with the decedent’.
So give me the law that gives someone a penalty for posting a death certificate within 20 years of the occurrence, OR stop bothering me about it.
On the one hand, it says they are not public records, but on the other, it says “if you are not a relative of the deceased person, a letter or document from the office or agency that needs the death certificate must accompany the request”.
So now we need to find out who released that death certificate and under what circumstances it was obtained. Because if Sinclair wrote a letter, paid the fee, and they sent it to him, then where’s the beef?
If Wright announced to his congregation in the morning that Donald Young was dead - hours before he was officially pronounced dead, you would think there would be more people interested in how he came to that conclusion, who told him, how did he know, who contacted him, who he was calling and who was calling him, etc.
Did the media treat the murders of Mary Jo Kopechne, Vince Foster, Marilyn Monroe and others - in the same way?
Larry Bland, like Donald Young, died as a result of multiple gunshot wounds in the month before Donald Young’s murder - the medical examiner pronounced him dead on November 17, 2007. Nate Spencer succumbed to HIV, “septicemia, pneumonia, HIV”, which was pronounced by the medical examiner on December 26, 2007.
If someone were really researching this, they would find out the medical examiner’s estimated time of death for Donald Young and Larry Bland, the numbers showing up on Obama and Wright’s telephone records could prove to be very interesting.
Either interesting, or would completely exonerate them from any involvement, although….it still leaves the allegations unanswered about Obama having homosexual sex in the back of a limo while sucking on a crack pipe. Maybe it’s time people started interviewing homosexuals who knew Donald Young; and who have said Obama is ‘on the down low”.
Simply stated; an alibi and opening the phone records up to the public or to an investigative reporter would either implicate them, or completely exonerate both of them and stop people from speculating.
As it stands now, it looks very odd….and the longer Obama and Axelrod remain silent on the issue, and the more hysterical the Obama bloggers get, the more it appears as though they are deliberately evading the truth.
The Piano Delivery blog shows rather clearly and distinctly the kind of trouble The Piano Store’s clientele was in when they tried to obtain the pianos they purchased. There was a consumer fraud investigation, in fact, in Harris County by the DA’s office; you can see the documentation of that fact here.
Now comes the definitive evidence that Mitch is in fact Scott Covington.
From Mitch
Sender: scottcovington@mac.com
Few people who actually speak a little french, like I do, who can translate documents at an elementary level, etc. - believed the story that Covington put forth.
The Jewish story was a very strange twist also, if anyone is familiar with Judaism.
None of the people over there must be familiar with the reality of what things would be like if Mitch were actually really french.
As I said before, the Bastien-Thiry family - at least the one that comes from Jean Bastien-Thiry’s bloodlines - were CATHOLIC.
Scott Covington is stupid enough to have done everything out in the open and to piss a few people off who used to be a part of the lemming legions at that website.
Although Jim Barry doesn’t think much of Larry Sinclair, he doesn’t think much of what Covington did, either.
But the infighting works to Sinclair’s benefit and outs them as immature children; not to mention - dishonest liars.
And I don’t mind the picture. Seriously. I don’t always link to him when I’m referring to him, but Meatbrain is here. I have had an ongoing war with that guy because he seems to devote his entire blogging existence to harrassing the members of the Wide Awakes; using Media Matters and related leftist websites as the sources to attack. He hasn’t done it lately, but that could be because I’ve publicly posited the notion that he is in fact the openly socialist science fiction writer, Terry Bisson.
Some time ago when I was battling with Mike Whitney who then was the loser blogging as the Aggressive Progressive, I myself put up a picture like that.
Joe Cafasso has said in the past that I like to ‘ride the bull!’ So the Annie Oakley type of character is just fine by me.
Am I on a crusade to ’save Larry Sinclair’s life’? I suppose you could think of it that way, when considering he’s facing a life sentence in Delaware for charges that have not been explained to him, fitting under the category of Delaware’s “Habitual Offender Code”. One has to ask questions about things, and look a little deeper, but you don’t have to look too deep to see that Sinclair has been facing a tremendous amount of ever-changing criticism by people who hide under rocks and behind threats and intimidation. I don’t know how else to describe the emails from “Phil” and “Excaliber” who wanted him to give them information with the vague promise that they would pay for his legal defense and give him a generous monthly stipend.
Since as far as I can tell, they succeeded in getting his social security benefits terminated because of malicious lies they sent to the social security administration, I suppose they thought he would think the offer might be worth the risk.
But he didn’t think he should place his life in the hands of people who wouldn’t identify themselves.
Would you?
Not to mention the fact that what they’re offering is ILLEGAL since his income was and will soon be again, social security disability. And isn’t what they’re offering a bribe and illegal regardless as to what his situation is? Quid pro quo?
The more that comes out on this, the longer this goes on, and the longer this train builds up speed and momentum, you have to thank desperate deranged individuals like that who themselves seem to need some mental help, drugs and hospitalization to cope with what they’ve done.
It may come flying back at them; because everyone makes their own karma.
More on my battle with Mike Whitney here and here.
Battles like these help us understand the enemy and we’re better equipped to fight their stupidity.
I’ve read this over, and I’d like to see how Sinclair’s offenses apply to this in any way shape or form. From what I gather, the charges have already been proven false - the one of paying for a hotel room with money orders (which didn’t happen), and something about a car (which also didn’t happen).
If the charges were invented, or if they’ve borrowed charges against someone else with a similar name or the same name, then he should have the opportunity to - at the very least - defend himself. What are the rules of a sealed grand jury?
I hope the grand jury is allowed to hear both sides of this thing; up until this point, Sinclair doesn’t even know what the charges are. That is really odd.
RULE 9 WARRANT
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
INDICTMENT BY THE GRAND JURY ID #0712005646
The Grand Jury charges Lawrence W Sinclair with the following offense, a Felony:
THEFT, in violation of Title 11, Section 841 of the Delaware Code of 1974, as amended.
LAWRENCE W. SINCLAIR, on or about the 16th day of October, 2007, in the County of New Castle, State of Delaware, did take, exercise control over, or obtain property of ************************, or another person, consisting of United States Currency or other miscellaneous property valued at $1000.00 or more, intending to deprive that person and/or owner of same, or to appropriate same.
A TRUE BILL
(FOREPERSON)
JOSEPH R. BIDEN, III
ATTORNEY GENERAL
According to the Delaware website for grand jury hearings, much of this falls on the State’s attorney general.
Matters may be brought to the grand jury’s attention in three ways: by the attorney general, by the court, or by a member of the grand jury. In all cases, the grand jury must hear evidence before taking action.
In this case, it was the Attorney General, if I’m not mistaken.
An indictment or information is merely an accusation and is not evidence or indication of guilt. At trial, the defendant is presumed innocent and may not be found guilty unless the State meets its burden of proving to the satisfaction of the petit jury that the defendant is guilty beyond a reasonable doubt.
Well he hasn’t been ‘presumed innocent’, just go over and read at the Mitch and Nan Show - the people who are responsible for this.
All criminal prosecutions are brought in the name of the State. The person charged with a violation of law is the defendant. The charge against the defendant may be brought in two ways: by indictment or by information.
An indictment is a grand jury’s formal written accusation charging one or more identified persons with the commission of a criminal offense. Each offense charged is stated in a separate count of the indictment.
To my knowledge, there has not been an indictment, and there has not been information…except for the malicious stuff put out there by the Mitch and Nan Show. Yet, they The Mitch and Nan Show claim to be the authorities on this; and individuals hiding behind fake names have claimed they have access to the information and even FBI files. This is ridiculous even on its face.
Upon entry of a plea of not guilty, the defendant must stand trial.
To my understanding, Sinclair has entered his ‘not guilty’ plea, so it should follow that whatever this is will go to trial.
But after reading this over, I don’t see how you can get a life sentence from being a ‘habitual offender’.
Federal Rules of Criminal Procedure
III. GRAND JURY, INDICTMENT, INFORMATION > Rule 6.
Delaware Habitual Offender Code
§ 2802. “Habitual offender” defined.
An “habitual offender” shall be any person, resident or nonresident, whose driving record, as maintained in the office of the Division of Motor Vehicles, shows that such person has accumulated convictions for separate and distinct offenses described in subdivision (1) of this section during a 5-year period or subdivision (2) of this section during a 3-year period, provided, that where more than 1 included offense shall be committed within a 24-hour period, such multiple offenses shall be treated for the purposes of this chapter as 1 offense:
(1) Three or more convictions. — Three or more convictions, singularly or in combination of any of the following separate and distinct offenses arising out of separate acts:
a. Manslaughter resulting from the operation of a motor vehicle;
b. Using a motor vehicle during the commission of a felony;
c. Driving or having actual physical control of a motor vehicle while under the influence of intoxicating liquor or of any drug, in violation of § 4177 of this title;
d. Driving a motor vehicle without a license to do so, in violation of § 2701(a), (b) or (c) of this title. Notwithstanding the foregoing, if the judge determines that the sole reason that an individual was convicted of a violation of § 2701(b) of this title was because the individual’s driver’s license was suspended, revoked or denied for a failure to pay a fine for a traffic offense which is eligible for voluntary assessment (whether or not the voluntary assessment procedure was offered or used), then that violation of § 2701(b) of this title may not be considered to establish habitual offense status pursuant to this paragraph of this subdivision;
e. Driving a motor vehicle during a period of suspension or revocation, in violation of § 2756 of this title;
f. Driving a motor vehicle in wilful or wanton disregard for the safety of persons or property, in violation of § 4175 of this title;
g. Failure of the driver of a motor vehicle involved in an accident resulting in apparent damage to property to stop at the scene of such accident and report the driver’s identity in violation of § 4201 of this title or otherwise report such accident, in violation of § 4203 of this title;
h. Failure of the driver of a motor vehicle involved in any accident resulting in injury or death to any person to stop at the scene of such accident and report the driver’s identity in violation of § 4202 of this title;
i. Knowingly making any false affidavit or swearing or affirming falsely to any manner or thing required by the motor vehicle laws or as to information required in the administration of such laws;
j. Attempting to flee or elude a police officer after having received a visual or audible signal from the police officer as provided in § 4103(b) of this title;
k. Driving any motor vehicle upon the highways of this State contrary to the restrictions placed upon an occupational license during the period of such occupational license as provided in § 2733(i) of this title.
(2) Ten or more convictions. — Ten or more convictions of separate and distinct offenses involving moving violations singularly or in combination, in the operation of a motor vehicle which are required to be reported to the Department and the commission whereof authorizes the Division or the court to suspend or revoke the privilege to operate motor vehicles on the highways of this State for a period of 30 days or more for each offense and such convictions shall include those offenses enumerated in subdivision (1) of this section when taken with and added to those offenses described.
(3) Inclusions. — The offenses included in subdivisions (1) and (2) of this section shall be deemed to include offenses under any federal law, any law of another state or any valid town, city or county ordinance of another state substantially conforming to a state statutory provision.
(4) Conviction. — For the purpose of this chapter, the term “conviction” shall mean a final conviction, a plea of guilty or a forfeiture of bail or collateral deposited to secure a defendant’s appearance in court, which forfeiture has not been vacated. (21 Del. C. 1953, § 2802; 58 Del. Laws, c. 416; 61 Del. Laws, c. 285, § 1; 66 Del. Laws, c. 231, § 1; 69 Del. Laws, c. 390, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 134, § 1.)
§ 2803. Certification of record to Attorney General.
The Director of the Division of Motor Vehicles shall certify the conviction record, as maintained in the Division of Motor Vehicles, of any person whose record brings that person within the definition of an habitual offender, as defined in § 2802 of this title, to the Attorney General of the State. The certified conviction record or abstract may be admitted in evidence and shall be competent evidence that the person named therein was duly convicted of each offense enumerated therein. (21 Del. C. 1953, § 2803; 58 Del. Laws, c. 416; 66 Del. Laws, c. 231, §§ 2, 3; 70 Del. Laws, c. 186, § 1.)
§ 2804. Attorney General to initiate court proceeding; petition.
The Attorney General, upon receiving the abstract from the Director of the Division of Motor Vehicles, shall forthwith file a petition against the person named therein in the Court of Common Pleas in and for the county wherein such person resides or, in the case of a nonresident, in the Court of Common Pleas in and for New Castle County. The petition shall request the Court to determine whether or not the person named therein is an habitual offender. (21 Del. C. 1953, § 2804; 58 Del. Laws, c. 416; 66 Del. Laws, c. 231, § 4; 69 Del Laws, c. 333, § 5.)
§ 2805. Service of petition; order to show cause.
Upon the filing of the petition, the Court of Common Pleas shall enter an order incorporating by attachment the aforesaid abstract and direct the person named therein to appear at the next criminal session of the Court and show cause why the person should not be barred from operating or driving a motor vehicle on the highways of this State. A copy of the petition, the show cause order and the abstract shall be served upon the person named therein either by personal delivery thereof or by deposit of such in the United States mail in an envelope with postage prepaid, addressed to such person at that person’s address as shown by the records of the Division of Motor Vehicles. The service of the petition, order and abstract by mail is complete upon the expiration of 4 days after such deposit of those documents. Service thereof on any nonresident of this State may be made pursuant to § 3112 of Title 10, except that any fee for such service shall be taxed against the person named in the petition as a part of the cost of such proceeding. (21 Del. C. 1953, § 2805; 58 Del. Laws, c. 416; 69 Del. Laws c. 333, § 6; 70 Del. Laws, c. 136, § 2; 70 Del. Laws, c. 186, § 1.)
§ 2806. Hearing; procedure.
The matter shall be heard by the Court without a jury. If such person denies that that person was convicted of any offense shown in the abstract necessary for a holding that that person is an habitual offender, and if the Court cannot, on the evidence available to it, determine the issue, the Court may require of the Department certified copies of such records respecting the matter as it may have in its possession. If, upon an examination of such records, the Court is still unable to make such determination it shall certify the decision of such issue to the Court in which such conviction was reportedly made. The Court to which such certification is made shall forthwith conduct a hearing to determine the issue and send a certified copy of its final order determining the issue to the Court of Common Pleas. The Court, at its discretion, may rely upon certified copies of convictions adjudged by courts outside of this State or federal courts or may request such a court to make a determination. (21 Del. C. 1953, § 2806; 58 Del. Laws, c. 416; 69 Del. Laws, c. 333, § 7; 70 Del. Laws, c. 186, § 1.)
§ 2807. Court’s findings; judgment; Prothonotary to submit copy.
If the Court finds that the person is not the same person named in the abstract, or that the person is not an habitual offender under this chapter, the proceeding shall be dismissed. If the Court finds that the person is the same person named in the abstract and that the person is an habitual offender, the Court shall by appropriate judgment direct that such person not drive or operate a motor vehicle on the highways of this State and to surrender to the Court all licenses or permits to operate a motor vehicle upon the highways of this State. The Prothonotary shall forthwith transmit a copy of such judgment together with any licenses or permits surrendered to the Department. (21 Del. C. 1953, § 2807; 58 Del. Laws, c. 416; 70 Del. Laws, c. 186, § 1.)
§ 2808. Appeals.
An appeal may be taken from any final action or judgment entered under this chapter in the same manner and form as appeals in civil or criminal actions. (21 Del. C. 1953, § 2808; 58 Del. Laws, c. 416.)
§ 2809. Prohibition against issuance of driver’s license or operation of motor vehicle; restoration of privilege.
No license to operate a motor vehicle in this State shall be issued to an habitual offender nor shall a nonresident habitual offender operate a motor vehicle in this State:
(1) For a period of 5 years from the date of the order of the Court finding such person to be an habitual offender as defined in § 2802(1) of this title and for a period of 3 years from the date of the order of the Court finding such person to be an habitual offender as defined in § 2802(2) of this title;
(2) Until such time as financial responsibility requirements are met; and
(3) Until, upon petition and for good cause shown, the Court, at its discretion, restores to such person the privilege to operate a motor vehicle in this State upon such terms and conditions as the Court may prescribe, subject to other provisions of law relating to the issuance of operators’ licenses.
(4) Unless the Attorney General moves the Court for restoration of the privilege to operate a motor vehicle in this State of any person declared to be an habitual offender as defined in § 2802(1) of this title after 3 years from the date of the order of the Court declaring the person to be a habitual offender. In the event of such a motion by the Attorney General, the Court may in its discretion restore the driving privileges of the person in whole or in part only if the person also meets the obligation set forth in paragraphs (2) and (3) of this section. (21 Del. C. 1953, § 2809; 58 Del. Laws, c. 416; 70 Del. Laws, c. 136, § 3.)
§ 2810. Driving after judgment prohibited; penalty; jurisdiction.
(a) It shall be unlawful for any person to operate any motor vehicle in this State while the judgment of the court prohibiting the operation remains in effect. Any person found to be an habitual offender under this chapter who is thereafter convicted of operating a motor vehicle in this State while the judgment of the court prohibiting such operation is in effect shall for the 1st offense be fined not more than $1,150 and imprisoned not less than 90 days nor more than 30 months. For each subsequent like offense, be fined not more than $2,300 and imprisonment not less than 180 days nor more than 5 years. The periods of imprisonment required under this section shall not be subject to suspension and if the judgment of the court prohibiting the operation of a motor vehicle was based in whole or in part upon a conviction of the person for a prior or previous driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this title, or in whole or in part upon a conviction under any criminal statute pertaining to injury or death caused to another person by the person’s driving or operation of a vehicle, the period of imprisonment shall, notwithstanding any provision of this section or title to the contrary, be served subject to the provisions of § 4205(c)(2) [repealed] of this title. The Court of Common Pleas shall have original jurisdiction of violations created by this section.
(b) Notwithstanding any other provision of law to the contrary, any offense, other than a felony, which is within the exclusive or original jurisdiction of another court and which may be joined properly with violations created by this section, shall be deemed to be within the original jurisdiction of the Court of Common Pleas. (21 Del. C. 1953, § 2810; 58 Del. Laws, c. 416; 69 Del. Laws, c. 333, § 8; 70 Del. Laws, c. 136, §§ 4, 5; 70 Del. Laws, c. 528, §§ 1, 2; 74 Del. Laws, c. 106, § 32.)
§ 2811. Determination by the Attorney General.
In any case in which a person is charged with driving a motor vehicle while that person’s license, permit or privilege to drive is suspended or revoked or is charged with driving without a license, the Court shall require the Attorney General to determine whether such person has been adjudged an habitual offender and, by reason of such judgment, is barred from operating a motor vehicle on the highways of this State. If the Attorney General determines that the person has been so adjudged, the Attorney General shall cause the appropriate criminal charges to be lodged. (21 Del. C. 1953, § 2811; 58 Del. Laws, c. 416; 70 Del. Laws, c. 186, § 1.)
§ 2812. No existing law modified.
Nothing in this chapter shall be construed as amending, modifying or repealing any existing law of this State or any existing ordinance of any political subdivision relating to the operation of motor vehicles, the licensing of persons to operate motor vehicles or providing penalties for the violation thereof or shall be construed so as to preclude the exercise of the regulatory powers of any division, agency, department or political subdivision of this State having the statutory authority to regulate such operation and licensing. (21 Del. C. 1953, § 2812; 58 Del. Laws, c. 416.)
§ 2813. Computation of number of convictions.
In computing the number of convictions, all convictions must result from offenses occurring subsequent to June 8, 1972, except that convictions for offenses designated in paragraphs j. and k. of subdivision (1) of § 2802 of this title shall only be computed if the offenses giving rise thereto occur subsequent to July 1, 1977. (21 Del. C. 1953, § 2813; 58 Del. Laws, c. 416; 61 Del. Laws, c. 285, § 2.)
§ 2814. Additional penalty when convicted of an offense which would render an individual an habitual offender.
If any person shall be convicted in this State of an offense which would render that individual an habitual offender as defined in this chapter, the person shall, in addition to the penalty otherwise prescribed by law for such offense, be fined not less than $115 nor more than $1,150 and confined in jail not less than 30 days nor more than 12 months, provided, that no such sentence shall be executed until the individual is finally adjudged an habitual offender. (21 Del. C. 1953, § 2814; 58 Del. Laws, c. 416; 68 Del. Laws, c. 9, § 18; 70 Del. Laws, c. 186, § 1.)
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