All right smoking, we are going to have to disagree again. I have advocated trying to work within the system as well as being prepared to enforce your rights. I have therefore posted the following recommendations to try and help people get their license as fast as possible yet still be ready and able to enforce their rights.
1. Send applications certified, return receipt requested .
2. Day 60-70 call and see where you are in the process, politely insist that they comply with the 90 day provision in 790 and Section 120.60
3. Inform that you intend to send a default notice on day 91 if not issued.
4. If they claim to be missing information tell them that you will send the missing info immediately, but the failure to notify you within 30 days of receipt means that the 90 day clock is running and should be met.
5. Send the default notice by certified addressed to the agency clerk.
6. While I am not suggesting that anyone try to be a test case by carrying. If they get enough notices it might force some further funding to catch up.
7. Do not let them tell you that 120.60 is not applicable to 790. If they make the claim ask for a citation to back it up.
There is no reason not to call and be delayed in getting the real thing because you and I both know what the likely outcome of someone presenting the default notice to a cop is. Lets face it if the cops knew the law and followed it there would be no civil rights violations and no need for a lot of trials.
I am just suggesting that they call to try and make sure things are right so that they get the real thing as soon as possible.
THIS POST IS FOR THE PURPOSE OF DISCUSSION ONLY AND IS NOT LEGAL ADVICE, NO ATTORNEY CLIENT RELATIONSHIP IS INTENDED OR IMPLIED