| People v VonClegg |
| 2017 NY Slip Op 51399(U) [57 Misc 3d 1212(A)] |
| Decided on October 24, 2017 |
| City Court Of Mount Vernon |
| Armstrong, J. |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
The People of the
State of New York, Plaintiff,
against Karl VonClegg, Defendant. |
Defendant is charged with one count of Unlicensed Operator in violation of VTL § 509.1. The defendant, Karl VonClegg, refers to himself as Chief Marshal of the Gale, Yamassee, Indigenous, Security Agency (G.Y.I.S.A.), and asks this Court to dismiss the ticket that he received.
On September 23, 2017, at approximately 3 p.m., the defendant was involved in an automobile accident with another motorist near 212 West First Street in the City of Mount Vernon. The defendant presented to the arriving police officer his credentials, which purportedly consisted of a tribal identification card and a G.Y.I.S.A. Special Agent card. Also submitted in defendant's written request to have the ticket dismissed are two unsigned letters from Supreme Grand Chief Black-Hawk Hommie Thunderbird. They insist that the G.Y.I.S.A. entered into a treaty with the United States Department of State and the State of Rhode Island on February 11, 2004. Defendant further alleges that the United States Department of State authenticated the treaty on October 12, 2004. The treaty purportedly declares, in part, that the license presented to the Mount Vernon Police Officer is acceptable proof of driving privileges on the roadways of the United States. Defendant also contends that he possesses an International Drivers License which further substantiates his driving privileges in the United Sates.
This Court finds that the G.Y.I.S.A's are not recongized as an Indian tribe by the Bureau of Indian Affairs. Additionally, the documents presented in support of the dismissal of the moving violation ticket, do not establish that this entity has a treaty with the United States. Finally, they are not listed as a recongized Indian tribe in the IRS Revenue Procedure.
The defendant should also be advised that an International Driving Permit is not valid without a State-issued driver license from the country of origin. Moreover, the copy of the International Driver's Permit Translation Booklet submitted to the Court does not indicate the name of the person it was issued to, only that it is valid until September 26, 2022 in Honduras.
Accordingly, the documents presented to the Mount Vernon Police Officer, and [*2]to this Court, falls far short in establishing that the defendant was licensed to operate a motor vehicle on the roads of New York State. As such, the defendant is directed to appear in person to answer the summons at 2:00 p.m., on November 14, 2017 in Part A of the Mount Vernon City Court.
This constitutes the Decision and Order of this Court.