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2010 02-05 Bralley to Boswell – Davis Case Update

“Director,
Here is the case update from General District Court on Mr.Davis 2009-10-17-0017 – **********************. Certified to Gran Jury

Kevin Wilson who purchased an ATV from Va Dune Buggy, has filed a complaint with LES on Jake Davis. Mr Ronald Morris, the Commonwealth’s Attorney of Greene County, was advised of the complaint as soon as it was received. Mr. Morris advised Jake Davis and his Attorney Dean LHospital before the preliminary hearing that two additional felony charges were pending due to the Kevin Wilson complaint. Dean Lhospital advised he did require additional time as he was going to win the preliminary hearing.
Mr. Davis’s defense at the trial was that the “”Dune Buggy”" was a motorcycle because he had a State Police Inspection Receipt stating it was a motorcycle.
The judge stopped his testimony to advise Mr. Davis that was not a valid defense and certified all felony charges for “”Obtaining Documents from DMV he was not entitled by making a false statement”" to the next Gran Jury in FEB 2010.”

2010 02-26 Culpeper DMV – Provide Written Policy

DMV has refused to provide any written policy that indicates Dune Buggies cannot be registered for street use. On this day, Jake Davis attempts to find some answers.

10:30am – 1:00pm Jake talks with Paula (Culpeper Virginia DMV Manager)
Jake asked for the DMV manager and then explained the situation. Paula told Jake that she would make some phone calls. He waited in the lobby for two and a half hours and was called up to the counter where he was told that DMV can offer a title but no plates because they no longer register “dune buggies.” No written policy could be provided.
(Audio recording)

3:00pm Return to Culpeper DMV – Was not allowed to register a “Multi-Purpose Vehicle”
Jake was told earlier in the day that he could not register his dune buggy for street use because they no longer register “Dune Buggies” for street use. Jake also owns a Joyner Trooper T2 which is a 4×4 that looks more like a Jeep than a sand rail. Because the body style was “Multi-Purpose Vehicle” and not Dune Buggy, Jake returns to the Culpeper DMV to test the “policies” which seems to be more like a policy against Jake getting real information.
DMV Manager Paula told Jake she couldn’t register “Dune Buggies.” Jake pointed out the body style difference and Paula said she would make a call to DMV.

About 40min later, Jake received a phone call from a very angry female DMV employee who told him that his ATVs cannot be registered for street use because the vehicle had ATV on the title. Jake explained that this was a completely unrelated vehicle which has the body style “Multi-Purpose Vehicle.” She then said that William Bralley, William Childress, Don Boswell and Shela Stephens had crafted policy that excludes any of Jake’s vehicles from being titled for street use. Jake asked her to read the policy and she became hysterical and hung up.

2010 02-26 Boswell to Holcomb – Blocked Specially Constructed Vehicle Application

Commissioner,
With the reporting change, I need to make sure you are aware of two names that are a problem right now.
Jake Davis, owner of a Greene County dune buggy business, fraudulently titled and registered two 4 wheel ATVs as motorcycles attempting to put them on the road. The DMV CSC wouldn’t do it, but he fooled a Select. When he took the ATVs to get a state safety inspection, the inspector passed them because he had T&R, but called the State Police. VSP referred it to us and we have pending criminal charges against him.

He then attempted to get the ATVs T&Red as specially constructed vehicles, but we stopped that. He was allowed to title the ATVs, but now he is shopping CSCs attempting to fool a clerk into registering the ATVs and give him plates. We have stops on the ATV tittles an so far he has not been successful. He has posted YouTube videos of interviews with Special Agent in Charge Bill Bralley from our investigation and put up a bogus Greene County community website with rants about DMV and the Commonwealth’s Attorney. He was in the Culpeper CSC this afternoon harassing the AM, but left before we could get local police or an agent there. If he keeps on trying to obtain registrations on these ATVs in other CSCs, we are going to charge him again in the different counties.
*************************EDIT OUT NON RELATED INFO ************************
I strive to deal with everyone progressively through educating, assisting and warning them before taking criminal action. Sometimes, unfortunately, certain people refuse to be reasonable or comply without enforcement sanctions.
If you would prefer a different approach at this point, please let me know. Thanks, Don

2010 02-26 Boswell to Holcomb – Arrest Jake @ DMV

Commissioner,
With the reporting change, I need to make sure you are aware of two names that are a problem right now.
Jake Davis, owner of a Greene County dune buggy business, fraudulently titled and registered two 4 wheel ATVs as motorcycles attempting to put them on the road. The DMV CSC wouldn’t do it, but he fooled a Select. When he took the ATVs to get a state safety inspection, the inspector passed them because he had T&R, but called the State Police. VSP referred it to us and we have pending criminal charges against him. He then attempted to get the ATVs T&Red as specially constructed vehicles, but we stopped that. H was allowed to title the ATVs, but now he is shopping CSCs attempting to fool a clerk into registering the ATVs and give him plates. We have stops on the ATV tittles an so far he has not been successful. He has posted YouTube videos of interviews with Special Agent in Charge Bill Bralley from our investigation and put up a bogus Greene County community website with rants about DMV and the Commonwealth’s Attorney.

He was in the Culpeper CSC this afternoon harassing the AM, but left before we could get local police or an agent there. If he keeps on trying to obtain registrations on these ATVs in other CSCs, we are going to charge him again in the different counties.

2010 02-27 DMV Order – Arrest Jake Davis At DMV

An order was sent out to DMV customer service centers to arrest Jake Davis if he comes into any DMV.
(Referred by the retraction notice on 3-1-2010)

2010 03-01 Marvin Brown – Arrest Jake Davis

This is to clarify the note sent out on Saturday in reference to Jake Davis. Mr. Davis is trying to have the body type changed on this title. BLACKED OUT.
In the e-mail I sent Saturday it stated that if he comes in to ask him to leave and if he refuses to call 911. We are to ask him to leave only if he is causing a disturbance. If he comes in to have any transactions completed and acts appropriately we are to wait on him.
We had a second customer to show up in a CSC asking for the clerk to change the body type. These customers are shopping trying to have this done.
Thanks,
Mervin”

2010 03-04 Boswell – Blocking Reconstructed Vehicle Applications

Heather,
The MCO’s of the Joyner vehicles that Mr. Davis sells clearly states these are ATVs “for off road use only.” Mr. Davis tries to confuse the issue because 46.2-100 describes an ATV as “generally characterized” by a seat you straddle and handlebars for steering. His ATVs have a steering wheel and regular seats, however, they are ATVs even under our definition. He further tries to confuse the issue by calling his vehicles dune buggies. We use “dune buggie” only as a body style for reconstructed or kit passenger vehicles, not as a vehicle type. Both DMV and the State Police have reviewed Mr. Davis’s ATVs and they are ATVs.
Under 46.2-915.1, it is illegal to operate ATVs on any public highway except to cross it or on certain portions of the Pocahontas Trail in Buchanan County. DMV titles ATVs under 46.2-644..1 for ownership purposes only, but does not register ATVs for highway use.
Mr. Davis did illegally title and register two of his ATVs as motorcycles and one as a passenger vehicle with a dune buggy body style at one unsuspecting DMV Select knowing he was not supposed to do so. We canceled and picked up the illegal MC registration. We will be canceling the dune buggy passenger vehicle registration. He continues to try to get a DMV CSC to mistakenly register his ATVs as passenger vehicles dune buggy body styles with his legal ATV titles.

DMV blocked Mr. Davis from trying to get his ATVs registered through the reconstructed or specially constructed process. This has prompted DMV and VSP to issue the attached position papers on registering any vehicles originally manufactured for off road use only.

I don’t think it will do you any good to talk to Mr. Davis but these are the facts.
Thanks,
Don

2010 03-05 Response to Senator Requested

Our friend <b>************</b>
Can you please have someone draft a response for the Senator. Also, Don please look inot the allegations against Special Agent Bralley, I need this information asap.
Thank you so much.
Vivian
Vivian Cheatham
Executiv Office
Department of Motor Vehicles
804-367-6606
Vivian.Cheatham@dmv.virginia.gov
>>> <district24@senate.virginia.gov>3/5/2010 11:03 AM >>>
Vivian, hello. Senator Hanger got the following email. Can you (or someone at DMV) give us some background so that we can draft an appropriate response please?
Basically, we need to know if what the gentlemen says is accurate. And if there is any appropriate action the Senator can take to address his concerns.
Thanks so much! Holly
Holly Herman, Legislative Aide
*************See Jake Davis – Email to Senator Hanger 2/26/2010 7:09PM ***************************

2010 03-16 DMV Sidetracks Governor and Senator Investigation

Virginia DMV sent this is a letter that was sent to the Governor, Senator Hanger, Rob Bell, the department of Transportation and a number of other agencies to discredit Jake Davis and sidetrack any investigation into DMV misconduct. Once this letter was received, the Governor’s office told Jake to “Call back when your convicted.”

6/18/10 – A Madison Virginia court found that Joyner Dune Buggies are in fact Dune Buggies and can be registered for street use. Link to Article

Under the Code of Virginia §46.2-915.1, it is illegal to operate All Terrain Vehicles (ATVs) on any public highway except to cross it or on certain portions of the Pocahontas Trail in Buchanan County. The Department of Motor Vehicles (DMV) titles ATVs under §46.2-644.1 for ownership purposes only; but, under §46.2-679.1 and §46.2-915.1, does not register ATVs for highway use.

Trooper Parker sent his complaint on October 10th, 2009 but this “Typo” makes it more convienient to claim Jake Davis “Knew better but did it anyway.”

On October 1, 2009, the Virginia State Police (VSP) complained to DMV Law Enforcement Services that DMV was titling and licensing 4 wheel ATV’s as motorcycles and one of their safety inspection stations had issued a safety inspection sticker as a motorcycle.

Sage McGirk attempted to register his Dune Buggy as a “Dune Buggy” on 9-12-09 at the Charlottesville DMV Customer Service Center. At no time was “Motorcycle” mentioned. Kevin Wilson’s buggy was titled as a Motorcycle on 10-9-09 for which the title was printed by the manufacturer on 10-05-09 so it couldn’t have been used in an attempt at registration on this date. Jake’s dune buggy was registered as a 4-Wheeled Motorcycle on 6-28-09 at the Madison DMV.

The DMV investigation initially revealed that Jake Davis attempted to title and register two ATV’s as motorcycles at a DMV Customer Service Center and was told he could not do that.

Jake titled and registered his personal DUNE BUGGY as a 4-Wheeled motorcycle after it passed a State Police Safety Inspection sticker as a Motorcycle. He told the DMV clerk that it is a dune buggy and that it had passed the inspection which was substantiated by the pink inspection slip.
Jake delivered paperwork to the Madison DMV on 10-9-2009 for his friend Kevin Wilson to register a buggy as a Motorcycle.

Jake Davis did illegally title and register the ATV’s as motorcycles at a DMV Select knowing he was not supposed to do so.

The Madison DMV clerks processed an application for Kevin Wilson’s dune buggy as a 4-Wheeled Motorcycle at the same time as Buddy Testerman’s as a “Dune Buggy” and the clerks were clearly informed that both had 4-wheels.

The DMV Select clerks stated that Jake Davis specifically lied to them about the vehicles having only 3 wheels.

Jake’s dune buggy legally passed a Motorcycle State Police Inspection on 6-18-2009
It was titled and tagged as a 4-wheeled “Motorcycle” TEN days later on 6-28-2009
Jake contacted State Trooper Parker, State Police Safety Inspections, on 10-8-09 to establish guidelines for inspections of dune buggies and 4-wheeled motorcycles. At Jake’s request, Trooper Parker contacted the DMV on 10-10-09 to make sure we were going about this properly.

Jake Davis took the ATVs to a safety inspection station that did issue a safety inspection sticker because he had the erroneously issued motorcycle registration. That safety inspector did call VSP about the problem who then contacted DMV. DMV canceled and picked up the illegal MC registrations. This situation prompted DMV and VSP to issue the attached position papers on not registering any vehicles originally manufactured for off road use only for use on the highway.

Jake Davis only sold 5 vehicles to Virginia Residents prior to his 12-21-2011 Trial:
Sage McGirk, Kevin Wilson, Buddy Testerman, Tim Worrel, Bill Price
DMV seems to have completely fabricated the “7 more of these ATV’s for various customers” in order to sidetrack various agencies investigation into the issue.

DMV has just discovered that Jake Davis also illegally titled and registered at least 7 more of these ATV’s for various customers as passenger vehicles with a dune buggy body style.

DMV Head says you can register a dune buggy for street use in Virginia
Madison Virginia Court – 6-18-2010 “The Commonwealth concedes that these buggies are in fact dune buggies even though the MSO says ATV.
These dune buggies can be registered for street use using the reconstructed vehicle titling process.”

The dune buggy body style was an administrative description used for passenger vehicles manufactured for highway use that were reconstructed as dune buggies.

The manufacturer will print the MCO with “All-Terrain Vehicle”, “Dune Buggy”, or “Multi-purpose Vehicle” as the body type.

The vehicles that Mr. Davis is selling have manufacturer’s certificates of origin that clearly state “all terrain vehicle” that are “for off road use only.” The cover of owner’s
manual clearly states, “FOR OFF-ROAD USE ONLY. This vehicle is designed and
manufactured for off-road use only. It does not confirm to federal motor vehicle safety
standards, and operation on public streets, roads, or highways is illegal.”

They may meet FMVSS if they were tested

These ATV’s do not meet federal safety standards for highway use.

Greene County Zoning identified the vehicles as “Go-Karts” prior to DMV involvement. DMV also removed a cease and desist order “for sales of ATV’s” by Jake Davis because the vehicles are exempt for dealers license as “Go-Karts.”

Jake Davis argues that these are not ATVs because §46.2-100 defines ATVs as “generally characterized” by “a seat designed to be straddled” and “handlebars for steering.” He has stated these are “go-carts” and so are not included in the ATV definition.
Both DMV and VSP determined that Jake Davis is selling ATVs. Under §46.2-644.l, these ATV’s must be titled for ownership purposes, but cannot be registered for use on the highway as explained above.
Page 1

Jake went to the Culpepper Virginia Customer Service center and talked to the manager to find policy on registration of off road vehicles for street use. This conversation was recorded and all mention of this visit was put to rest after Jake gave the recording to his lawyer.

Jake Davis has been repeated advised that he cannot register these ATVs and as recent as
February 26,2010, he was still attempting to obtain such illegal registrations from DMV
customer service centers.
Mr. Davis has two felony charges pending trial in Greene County for §46.2-105.2, obtaining documents from DMV when not legally entitled, as advised by the Greene County Commonwealth’s Attorney. Further such charges may be brought for the additional ATV’s he has obtained passenger vehicle dune buggy body style titles and registrations for.

DMV Internal Investigations closed the complaint against William Bralley months prior to trial. Conveniently, No investigators were at the trial.

Jake Davis did file a complaint against DMV Special Agent in Charge William Bralley on November 10, 2009 alleging false arrest. This was referred to the DMV Special Investigation Unit on November 16. The complaint investigation has not substantiated Mr. Davis’s allegations and remains open pending completion of the ongoing criminal investigation Jake’s illegal titling and registration of ATV’s he is selling.
Jake Davis should be informed that the vehicles he is selling are ATV’s that cannot be legally registered or used on public highways in Virginia and he should comply with the law.

2010 06-18 Madison Court – Dune Buggy Are Legal

In Short:

“The Commonwealth concedes that these buggies are dune buggies even though the MSO says ATV.”

6-18-2010 Madison County Court – Commonwealth Attorney George S. Webb, III

Judge Braxton:

    Dismissed two felony charges for VAC46.2-605 “making false statements on DMV documents”

  • Jake Davis made no false statements on paperwork paperwork presented on 9-12-2009 at the Charlottesville DMV or 9-14-2009 at the Madison DMV because the vehicles are dune buggies
  • Pictures of the two Dune Buggies proved they were dune buggies
    Certified two felony charges for VAC 46.2-105.2 “Obtaining a DMV document without entitlement” because:

  • Tamara Smith,Charlottesville DMV Manager, testified to “Second hand” knowledge of Melissa Bishop sending Sage McGirk & Jake Davis away from the Charlottesville DMV because the MCO said “For Off Road Use Only.”
  • Possibly there was some fraudulent intent since two different DMVs were visited for one buggy.
  • The charge for Buddy’s buggy would have been dropped if Sage’s buggy didn’t happen first since Sage’s buggy is the one that may show “intent.”

    The Court Recognizes:

  • “Dune buggy” is a body style in the computer.
  • These Dune Buggies can be registered for street use through the Specially Constructed or Reconstructed Vehicle Titling Process.
  • Some “paperwork problem” that forced him to leave the Charlottesville DMV.

    Buddy Testerman testified:

  • Several state troopers were involved in the inspection of both Sage and his buggy.
  • The State Troopers gave him guidance on what was needed to be “street legal”
  • He made the modifications mandated by the State Troopers to pass a Virginia State Police Safety Inspection with the exception of some wiring that Jake Davis did after he had wired it incorrectly.
  • No knowledge of FMVSS or “Foreign” vehicles

    Madison DMV teller testified:

  • She was “in training” when she assisted Jake in September at the Madison DMV.

    Tamara Smith, Charlottesville DMV Manager, testified:

  • Bill of sale was different in the paperwork presented to the Madison DMV.
  • An approval stamp HAD been stamped on the application at the Charlottesville DMV.
  • “Second hand” knowledge of Melissa Bishop sending Sage McGirk & Jake Davis away from the Charlottesville DMV because the MCO said “For Off Road Use Only.”

    Mark Tharp,DMV Investigator, testified:

  • Never really had any contact with Jake Davis
  • Working on the tips and investigative knowledge of others based on the Greene County Case.
  • DMV Clerks do not know that “Dune Buggy” body style is only for reconstructed Volkswagon Dune Buggies and was not intended for these new “ATV models.”
  • Clerks can choose the body style “Dune Buggy” without the computer warning them that X, Y, or Z extra paperwork is needed and it will print a Dune Buggy title without any problems.
  • The body style “Dune Buggy” does not require the DMV teller to see what the vehicle looks like.
  • Definition for “ATV” does not fit Dune Buggies shown in pictures
      The dune buggies registered do not have:

    • Handlebars
    • Large, low pressure tires
    • Seat designed to be straddled by a single rider
      These vehicles did have:

    • Steering Wheel
    • Light truck tires – DOT Approved
    • 2 bucket seats with 4-point racing safety harnesses
    • Full roll cages

    Commonwealth Attorney George S. Webb, III Testified:

  • “These Dune Buggies can be registered for street use through the Specially Constructed or Reconstructed Vehicle Titling Process.”
  • The State conceded that “these” are Dune Buggies and the only trait they share with ATVs are that they are “primarily” for off road use only from the manufacturer.
  • He knows that Sage McGirk signed one of the two documents remaining that Jake is being charged for
  • Jake’s signature appears no where on Sage’s VSA-17A document.

*Paula Vaun (Culpeper DMV Manager) Don Boswell, Sheila Stephens and William Childress did NOT show up for their court subpoena.