Letter #1
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Red River Municipal Court
P.O. Box 964
Red River, NM 87558

To whom it may concern:

Please find enclosed copy of New Mexico "Uniform Traffic Citation", 1019560 0, made out to "Keith L. Albert" and containing other error and ambiguity. In that the paper bears my Texas Driver's License number, I am seeking by this letter to assure that no action reflecting upon my record or purse results from the errors. Here, in layman's narrative, is the whole story:

On September 6th, this year, I was serving as driver, security and companion for _________ on personal business in New Mexico. While southbound on US highway 84, approximately three (3) miles south of Interstate 40 (see attached map), an oncoming car, perhaps 500 feet distant, began to maneuver in an odd manner….pulling partially onto the shoulder and braking. At this, I held close to the right of my lane and slowed, in anticipation of potential trouble. A second or two later, the oncoming car flashed lights common on emergency vehicles. Needless to say, I immediately pulled toward the right shoulder, noting in that instant the other car had markings like a police vehicle. As the two cars came abreast, the other driver gestured, and showed signs of intending to make a U-turn. Didn't want to be in his way, so I pulled off the road and stopped. To my surprise, the fellow came up behind us, also stopped, and exited the vehicle.

I could see a brown uniform and insignia on the man, which appeared to be of an official character, so we at this point did not suspect something strange was about to happen. The man approached the driver's side of my car, still looked safe, and I lowered the window. He introduced himself as a Guadalupe County deputy sheriff, and proceeded to assert that my car had been traveling faster than it should have been going. This was not true, of course, but when on a lonely road, in the presence of an armed fellow, one does not risk confrontation by questioning anything the man says. In exchange for my release, the man offered several options, none of which provided for an honest and adequately just course of compliance. Thus, under duress, I picked one which seemed to satisfy the guy, signed a paper as he offered it and left the scene, bringing _______ safely back to Texas.

In all honesty, I can not state the specific miles-per-hour at which I had been traveling, in that fateful moment on highway 84, but I am certain that I was not speeding or otherwise posing undue risk to anyone. My attention, as always, was focused on the highway and good driving. Following this regimen, I have never had an accident or mishap in 50 years as a driver, and have not been cited for any moving violations, anywhere, since January of 1965 (while on my honeymoon). The road was wide, straight as an arrow, recently re-surfaced and crisply marked, with no obstructions or blind spots, no driveways, crossroads or other side-access, and it has a wide and freshly-cut right of way beyond the lane-width, paved shoulder (which is continuous with the road surface and marked off by a solid white line)….all in all a wonderful highway. Sun was shining, pavement dry, no traffic to speak of, and visibility unlimited. As to my vehicle, it is a 2002 model, stable and well-maintained, having 6 days earlier been thoroughly checked out by mechanics at the local Chrysler dealership. Nearest speed marker to that spot was located about 150 feet behind the point where I was stopped…..and it reads "Speed Limit 65".

Certainly, I am a driver who is highly motivated not only to drive safely but also to remain within the law. In addition to having _____ on board, whose safety and sensibility can not be imposed upon, I am a relaxed retiree, in no hurry, and much concerned about the unnecessary potential drain on a meager Social Security income, which risking traffic fines could seriously threaten.

So, why did this deputy decide to write up a citation? I can't say for sure, but there is reason to suspect he was operating under pressures not connected with any action or oversight on my part. The man was confused…as evidenced by the strange name he wrote down, the ambiguous license plate number, and a "penalty assessment" amount that does not correspond with figures in the New Mexico Motor Vehicle Codes I have been able to access. Could be he was confused, as well, in trying to use a radar gun, in a moving car, while closing on a target. Who knows.

Following the described events, and continuing southward on US 84, we observed two additional Guadalupe sheriff's vehicles working the next few miles in that county, all three handing out tickets. Maybe it was a "revenue enhancement" scheme underway. Not much traffic, like I said, but there must have been a goodly percentage of out-of-state travelers who would be disinclined to return and contest questionable traffic citations. If it actually was a speed trap, they picked a good spot for it. Highway 84 receives cars leaving the presently horrible surface of over-used Interstate 40, where the speed limit is dangerously posted as 75 mph (upon which bumpy road I had cautiously and judiciously traveled at 65).

What I have told you is true and verifiable. Anticipating that a right-thinking and empowered reader of this material will void, dismiss or make null the flawed citation in question, I am asking that your office provide some form of written assurance to that effect, for my records. If that end can't be accomplished at your office, I pray that you will direct me to whichever figure of authority in New Mexico can correspond with me on the matter.

Sincerely,
Laurence A. Keith

(No response received, as of Jan 17, 2005)
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Letter #2
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Director, New Mexico Motor Vehicle Division
PO Box 1028
Joseph Montoya Bldg.
Santa Fe 87504

Dear Sir or Madam:

RE: Important and unanswered correspondence.

On October 4, 2004, my letter (copy enclosed, along with delivery confirmation) was received at the designated address imprinted on a traffic citation made out to "Keith L. Albert" (copy enclosed), and yet I have received no reply from anyone in New Mexico. Instead, I have received from the Texas Department of Public Safety a "Notice of Revocation" (copy enclosed), indicating they have acted upon faulty information sent them by New Mexico Motor Vehicle Division, Penalty Assessment Section (copy enclosed).

The faulty information of which I speak is that portion of the New Mexico "Notice of Non-compliance", stating: "The Defendant has failed to respond to a citation or pay a fine". Clearly this is false, and I must seek through your office to rectify a compounding of wrongs.

I signed the traffic citation, in trust that the officer was acting properly and providing correct information, expecting to mail in a fine. My trust in the officer, as it turns out, was misplaced, and I am not guilty of any violation. Thus, I sent the mentioned October letter, seeking to pursue the proper path to justice.

The band-aid fix to this business, what is usually done by out of staters, regardless of errors or innocence, is to just send money. In this instance, you deserve to know of the problems leading to this point, and particularly the glitch which caused failure and more work for all of us. On the back of citations handed out by San Miguel's Sheriff office, the address for responding is wrong…directing mail to Red River Municipal Court, P.O. Box 964, Red River, NM 87558. I used that address on my October letter. Upon receiving my letter, K___ E_____, clerk in the Red River office, telephoned me and explained the misdirection of mail problem….the faulty imprinting on citations (I have a recording and can transcribe if you like). Conclusion of this conversation was that Ms. Ellinger would forward my communication to the proper office, apparently meaning San Miguel's Courts. That is the last I heard of the deal, until Texas Department of Public Safety surprised me with the enclosed "Notice of Revocation", just last week. The ball was dropped in New Mexico procedure, and I ought be held harmless.

The "failure to respond" claim being in error, on New Mexico's notice to the Texas Department of Public safety, I am requesting that your office send corrected information to them, so that I may keep my driver's license at least until this matter of the New Mexico citation is settled.

In the first instance, I am not "Keith L. Albert". I am Laurence A. Keith, as clearly shown on my driver's license. This error, alone, in any court, should nullify the citation, but there are more.

Secondly, the location on the citation is stated as Mile Post 103, US Highway 84, which is provably in error, and possibly the district as well. Mile Post 103 is located just south of Interstate 25, near Las Vegas… and a distance of 163 miles from Clovis. It is not a practical possibility, under the circumstances, to be at Mile Post 103, at 4:56 PM (when we were freed to leave) and check into the _____ Motel in Clovis at sunset (7:12 PM on the day in question), but we did check in as stated. To accomplish such a fete, one would traverse more than 163 miles in 136 minutes. My passenger at the time, _________, witnessed these events, and can attest to my veracity, character and safe, conscience driving.

In fact, the deputy who wrote the citation was confused about location, as well as the driver name. In fact, at 4:42 PM, the time written on the citation, we were located on US 84, but 3 to 4 miles south of Interstate 40…in Guadalupe County...approximate Mile Post 39, and 100 miles from Clovis, New Mexico. At mile post 103, the speed limit is 35 MPH. At Mile Post 39 the speed limit is 65 MPH. I complied with the law.

Further disproving the mile post 103 statement: At the intersection joining US 84 and US 60, there was unfinished grade separation and median work, creating a slow-travel detour to the west for approximately 3 miles, to a crossover and return. Orange cones everywhere. The US 60/84 leg passes throught 6 towns, restricting speed. Traveling with two dogs, we gave them a walk and outing, in sight of Clovis, lasting about 15 minutes. And lastly, The motel is on the far side of Clovis. Covering the actual distance, between mile post 39 and the motel in Clovis, 108 miles, consumed 136 minutes.

It is my feeling that the citation is so flawed, and of questionable jurisdiction, that it might be voided administratively….that it does not rise to a judicial cause. You can advise me on that matter, if you will. Meanwhile, at least tell me what step is next, that I might address the proper New Mexico authorities or officers to seek dismissal or other remedy.

Sincerely,
Laurence A. Keith

ENCLOSURES as noted in text, plus: a solar schedule, map, and note on penalty reporting.

(Received reply from C.T., of "Taxation and Revenue Department", December 7, 2005)
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Letter #3
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San Miguel County Sheriff
20 Mineral Hill Rte
Las Vegas, NM 87701

Dear Sir:

There's a problem in San Miguel County which you should know about…a problem creating great difficulty for travelers in the area, and one which has already caused me considerable trouble. On traffic citations handed out in your area, two addresses appear on the back for responding, neither of which directs correspondence to the proper authority.

My original correspondence (copy enclosed), concerning citation 1019560 (copy enclosed), was directed, as instructed on the citation, to Red River Municipal Court, and was received in that office on October 4th, this year (delivery confirmation attached to copy). This important letter was either lost or was not forward to the destination authorized to handle the matter, through no fault of my own. As a consequence, the San Miguel officials have falsely reported to The New Mexico Motor Vehicle Division that "defendant has failed to respond to a citation" (copy of that notice enclosed), and this erroneous information was subsequently sent to the Texas Department of Public Safety, who in turn have threatened to revoke my driver's license.

As you can see, the problem which ought to have been a simple thing has snowballed. Having received notice of the flawed claim from Texas Department of Public Safety, on November 20, 2004, I immediately wrote to them, and also to the Director of New Mexico Motor Vehicle Division (copy of letter enclosed). I have since received a letter in response from New Mexico, from C____ T____ (copy enclosed), instructing that I should address my concerns to "the issuing officer or his/her commander". Ms. T____ does NOT provide an address or office, and in fact nobody in New Mexico has yet provided a name or proper address for communicating about the issues involved here. It was not on the citation, and is not in the letter from the NMDMV. I searched the Internet for your address, and am now presuming (and hoping) that you are the correct official to finally handle this matter to completion.

The whole story is related in the letters already mentioned, but I shall repeat the details in this direct address to you, along with further illumination.

While serving as driver, security and companion for ________, on private business in New Mexico, we had lunch in Santa Fe, between 12:30 and 1:30PM on the date in question, September 6th, signing the register at a visitor's center there at 1:50PM. From there we traveled eastward on Interstate 25, to a grocery/gas station within two miles of the intersection of I-25 and US-84, stopping for about 15 minutes, so that ______ could place a phone call to Houston. The place was selected because cell phones are not dependable in the mountains, and the map showed little civilization on US 84, south of I-25. It was approximately 3:20 PM when we passed through your county at US-84 mile post 103 (the location entered on the citation). By 4:42 PM (the time entered on the citation), we were at US-84 mile post 38….in Guadalupe County, which is where an officer bid us to pull over and issued the citation in question.

You will notice in my October 1st letter to the Red River Court, I wrote that we were pulled over by a "Guadalupe County deputy sheriff". This is a natural assumption, considering we were in Guadalupe County at that time. I can't say I was paying attention to county names, whether or not the deputy even mentioned his jurisdiction. In any case, I had trust in those moments that a deputy sheriff would be operating in his proper jurisdiction, would not mislead me, and that what he wrote on the citation would be true and correct. In that belief, trusting the deputy, I signed the citation, intending to send in a fine.

It was after the deputy released us (at about 4:56PM), and I had traveled an additional mile or two, that I realized there were several serious errors on the citation, the claim that I was speeding is in error, and I had signed off on the false claim that I was guilty of that charge. In the first instance, the citation is made out to a "Keith L. Albert", which is not my name, as clearly shown on my driver's license. Secondly, the mile post number 103, which had meant nothing to me until I later discovered it to be 63 miles north of where I was stopped and given the citation. The true location where I was stopped and cited is 3 to 4 miles south of Interstate 40, and at mile post 38. At that location, the speed limit is 65MPH. (At mile post 103 the speed limit is 35MPH.).

What I am telling you is true and verifiable, by records, a sound witness, as well as common sense. We were traveling by map, knew our location with regard to Interstate 40, US 60, and Clovis, and we arrived at the Clovis __(motel)__ and checked in there at sunset, at 7:12 PM. This would not be possible if the citation time and location were correct. From mile post 103, the distance to the Clovis __(motel)__ is 170+ miles, and could in no way be traversed in the 136 minutes elapsed, and under the prevailing conditions (see map enclosed ). From the point I was cited, at mile post 38, we traveled the 109 miles to Clovis in 136 minutes, making one stop of about 15 minutes to walk the two dogs traveling with us.

I have for 40 years maintained a perfect driving record…no accidents and no tickets at all…a record which ought not be sacrificed to flawed and unjust citation. If you have the power to void or otherwise dismiss the matter, I ask that you do so and let me hear from you. Perhaps the officer will recall the incident, and admit to having made the errors. Anything additional that you need from me for resolving this matter, I will readily provide. If it is necessary to contact another New Mexico authority, please supply to me the name and address for whomever is empowered to resolve the hassle and achieve justice.

Sincerely,
Laurence A. Keith

ENCLOSURES: as noted in text

(No response received, as of Jan 17, 2005)
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Letter #4
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December 13, 2004

C____ A T____,
Manager, Services Bureau
Taxation and Revenue Department
PO Box 1028
Santa Fe, New Mexico 87504

Dear Ms. T____:

RE: Important correspondence.

Understanding that my November 24, 2004 letter to the Director of the New Mexico Department of Motor Vehicles (copy enclosed) was handed over to you for treatment, I thank you for your time and consideration, and further trouble you at this time in order to correct your understanding of matters at hand. In your reply of December 3, 2004 (copy enclosed), you did reference one issue I had addressed in my letter, concerned with a "citation" I signed in New Mexico and made out to "Keith L. Albert". That issue is a small one, the least important of the issues for which I sought the Director's attention.

New Mexico has problems, damaging problems, some occurring inside the NMDMV, which have already cost the state significant revenue and investment dollars, and problems to which I was introduced and made an injured party by the "citation" matter. A state, particularly one advertising itself as a visitor-friendly, tourism state, needs to know of and correct the problems to which I refer. My time and energies are being consumed in order to bring those issues to New Mexico's attention. Allow me to note, for a second time, the state's problems of which I have personal knowledge:

1. You have a deputy sheriff issuing false "citations" to visitors in New Mexico.
2. The "citations" issued contain wrong information filled in by the deputy.
3. The deputy sheriff is operating outside of his county of jurisdiction.
4. The "citations" have printed on them an incorrect address for a recipient's response.
5. Correspondence sent to the address on "citations" is in a distant county, and when important correspondence (or payment) arrives at the address, it apparently does not get forwarded to the correct authority, or it is ignored.
7. When correspondence does not reach the proper authority, or is ignored, incorrect information is then sent to NMDMV.
8. The NMDMV sends false information to The Texas Department of Public Safety.
9. Law-abiding Texans, mistreated and ignored, become irritated, indignant, speak ill of New Mexico's bureaucratic injustice, encouraging others to choose a different state for visiting, like for ski trips, tourism and investing in the state.

So far, these problems might be considered innocent mistakes, and excusable….so long as no harm results to visitor or state. People do make mistakes, and not uncommonly in a bureaucracy or state system. In the case of problem #8, the one connected to you, harm has resulted. The New Mexico Department of Motor Vehicles has been informed, by me, in my previous letter, about their passing of false information to the Texas Department of Public Safety. A mistake is not innocent, not excusable, when it is known, clearly wrong, damaging and ignored. This problem needs to be fixed, and it is most assuredly within the authority and duty of the NMDMV to fix it.

I made an innocent mistake, too, while in New Mexico. I signed a "citation", trusting in a deputy and unaware at the time of it's bogus nature. Shortly afterward, I came to the knowledge of the several serious mistakes made by the deputy, leading to my mistake, and I have ever since that point made legitimate, timely and called-for efforts to fix the problems resultant, before any more harm befalls us. Nobody in New Mexico has ever done so much as to provide a correct address of the authority needed in this matter. Correct address was not on the "citation", and no correct authority or address was stated in your reply to my letter of November 24, 2004.

The authority needed is anyone with smarts, in the New Mexico wheels and cogs, who can be induced to interest, to have the will, to look at what has the appearance of a citation, and take notice that it falls short of the substance, the reality, the force of a citation. Such a person might, as well, recognize that the greater harm proceeding from this whole affair falls upon the state of New Mexico, and no harm results from terminating the ongoing agony for us all. Possibly your department has grown accustomed to dealing with law violators striving to get out of penalty, and it fails to realize I am a different kind of correspondent…one seeking a New Mexico where you can visit, obey the law, and get back home without penalty to anybody. The errant deputy is the culprit in this case, along with a system providing erroneous addresses and inattentive personnel. We are faced with the old Land of Enchantment, being turned into a Land of Entrapment.

While in Guadalupe County, I received a "citation" bearing addresses in Santa Fe County (your address) and in Red River, which is in Taos County, and showing a small imprint which says, simply, "San Miguel County Sheriff's Office"….no address.

As suggested by your letter, I researched (on the Internet), found an address for a Sheriff in San Miguel County, and have sent him essentially the same information you received. Maybe we are finally in the right county for getting something done. I await his reply. Meanwhile, I call upon you, your office and it's authority, to officially inform The Texas Department of Public Safety that your "Notice of Non-Compliance", sent to them on October 24, 2004, contains incorrect information….namely the assertion that "The Defendant has failed to respond or pay a fine" (copy enclosed). Obviously I have responded. Obviously I have done all I can do to help New Mexico know of New Mexico's problems in this matter and to correct New Mexico's mistakes. When your problems are fixed, my small issue shall be resolved in the process.

Mistakes such as I have brought to your attention start the wheels of bureaucracy to rolling over individuals, justice is squashed, and the state suffers. Bureaucrats do not fix things. They shuffle them to another department or cover it up, until somebody comes along who knows and cares about justice. I'm one of those, looking for another one in New Mexico. If that kind can be found in the state, I may resume bringing friends and tourist dollars back to your beautiful state.

I do note and appreciate your recommendation about seeking legal advice. That, and representation in New Mexico, is a given, if and when trying these issues at law becomes necessary…settling the legal issues involved. At this point, however, only the one court has even been mentioned, and that one is the court in Red River….the one which informed me they had been mistakenly referenced and addressed on the "Uniform Traffic Citation" form. Nobody in New Mexico and no paper or correspondence has yet made mention of which court, where and when the "citation" matter might be heard. So far as I can tell, and so far as I have been officially and properly noticed, only relevant errors in administrative procedure are in the process of being discussed….and, hopefully, resolved. By logic and common sense applied, law and courts should be unneeded in this instance.

It wouldn't require a trial, a law degree or a judge to know that I am not Keith L. Albert, or to notice that mile post 103 is adjacent to interstate 25, and the speed limit there is 35MPH. Wouldn't take a lawyer or judge to see how impossible to travel from that point to Clovis in 136 minutes, nor to observe the true location, mile post 38, is in Guadelupe County and the speed limit is 65…or to note I actually did send a timely response to the address I was provided. A "citation" is not a piece of paper bearing random and untrue scribblings, below the title of "Traffic Citation". In fact, ____ was right there, in the car with me, has observed all these things, and assesses the matter as a New Mexico problem, just like I do.

When a reasonable person thinks on it, a push to penalize a man with 40 years of perfect driving…no accidents, no violations…implies the will to inspire a change in his driving. That's why laws are enforced and penalties threatened. In New Mexico, on the occasion in question, my passenger was not only ______, but one particularly conscious of safety and adherence to laws. Clearly, any change in my driving could not be in the direction of improvement over what it was at that time, and for 40 years before. I can not speak for Mr. Keith L. Albert, whoever that fellow might be.

One more small issue, incidentally included in my original letter to the Director: At least two web sites, one being that of the National Transportation Safety Board, list the traffic fine schedule in New Mexico (copy of each enclosed). The figures they show are way off, much less than the "fine" that's hand-written on the "citation" I received. Obviously somebody is mistaken…somebody else dispensing false information. Perhaps your department would like to correct that bit of misinformation, as well.

Sincerely,
Laurence A. Keith

ENCLOSURES as noted in text.

(No response received, as of Jan 17, 2005)
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Letter #5
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New Mexico Attorney General
Patricia Madrid
407 Galisteo Street
Bataan Memorial Building, Room 260
Santa Fe, NM 87501

Dear Madam:

I am aware of a criminal scam taking place in New Mexico that you should know about, as it is potentially very detrimental to the state, as well as to individuals caught by the practice. How wide spread it is I can not say, but I was caught up in the scam, and strongly suspect that just the one instance is by no means the extent of it.

While serving as driver and security for ______, on personal business in New Mexico, I received a false speeding citation, written by a deputy sheriff, 35 miles outside his county of jurisdiction, yet stating as the location a mile post well within his county. Having no awareness of mile post numbering, at that time, I could not know it was a scam. In trust of the officer, I signed the citation, but learned of the false nature of it through further research. This would have been taken up in a court setting, but because of a quirk in New Mexico's misdemeanor law, whereby a traffic citation, once accepted by the recipient's signature, is not treated as a court matter, there is no court to notify….which is why I address this matter to your office.

Apparently, the errant officer utilizes the described method to falsely "record", or "establish" in the eyes of superiors, that he is doing his job properly and within his own county. The chance of anybody blowing the whistle on such a scam is pretty slim, as you can imagine. I was motivated by strangeness of the circumstances to look further into how it all worked. Some manner at law is needed to curtail this unfortunate abuse of power against visitors to your fine state, before it becomes an issue of public discussion. If the details in my particular case will assist you to clean up the problem, please let me know.

Sincerely,
Laurence A. Keith

(No response received, as of Jan 17, 2005)
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