2010 12-21 Greene County Court Conviction – 2 Felony

Comments Off

December 20th – 21st, 2010
Greene County Circuit Court

The hope of an impartial Judge quickly vanished:

Judge to Mr Davis: You are accused of 2 counts of registering four wheeled vehicles as motorcycles which seems like a pretty clear cut case.

Greene County Virginia Commonwealth Attorney Ronald Morris presented the State’s case that:

  • Jake Davis registered his personal dune buggy on 6/26/09 as a Motorcycle knowing it did not qualify as such.
  • All Joyner brand dune buggies are unsafe and presented a danger to the citizens when used on the highway.
  • Jake was told by Melissa Bishop of Charlottesville DMV on 9-12-2009 that these vehicles cannot be registered as Motorcycles.
  • Jake decided to “DMV Shop” to Madison DMV and register Kevin Wilson’s Buggy on 10-9-2009 as a Motorcycle even after having been told he couldn’t at the Charlottesville DMV on 9-12-2009.

Evidence Conveniently Overlooked:

6-18-2010 Court Ruling
    Two felony charges dropped – No false statements on paperwork presented on 9-12-2009 at the Charlottesville DMV or 9-14-2009 at the Madison DMV 

  • Commonwealth concedes that the buggies are in fact dune buggies even though the MSO says ATV
  • DMV Detective conceded that the vehicles could be registered for street use through the specially constructed or reconstructed vehicle titling process

Madison Commonwealth Attorney George S. Webb, III was in attendance for the first day of court where DMV Officials stated that the vehicles could not be registered for street use.
“Dune Buggy” not defined so they fall under “ATV” Jury denied access to definition for “ATV” from VAC 46.2-100 to prove “ATV” definition does not fit these vehicles.
Commonwealth Attorney Ron Morris made argument that they can never be registered for street use and the safety of the Commonwealth was at risk due to the registration for street use.
Evidence from a Discovery Motion found dozens of Joyner Dune Buggies registered for street use. 


Same Vehicles Plated
Wilson Title Date 10-5-2009

Wilson Buggy Originial Title

Greene County Virginia Commonwealth Attorney Ron Morris overlooked that the Title for Kevin Wilson’s buggy couldn’t have been brought to the Charlottesville DMV on 9-12-2009 because the vehicle was purchased on 10-5-2009 from Team Joyner USA as demonstrated by the Date on the MCO
Melissa Bishop of Louisa Virginia, Charlottesville DMV Clerk 

VSA-17A Approved by Melissa Bishop

Body Style "Dune Buggy"

Testified about Sage’s Visit to the Charlottesville DMV on 9-12-09 as if Jake was the performing the transaction. Melissa Bishop testified that she rejected Sage’s application for title because it said “ATV” and couldn’t be registered for street use.
Contradictory, Sage McGirk’s VSA-17A was completed by Melissa Bishop so far as to calculate the taxes, mark paid, and choose the custom plate “BUG THIS.”
No fees can be calculated without first putting the body style in the computer first. She put in “Dune Buggy” which she even commented as having popped up in the body style field as a legitimate body style choice. Sage had forgotten his original bill of sale so Jake wrote one on the back of a business card. She told Sage to “come back on Monday with a Bill of Sale on Letterhead” and the application would be processed.

Below Are Transcripts of Melissa Bishop’s Testimony

December 20th, 2010 – Greene County Circuit Court
Testimony of Melissa Bishop
Transcribed by:
Lane’s Court Reporters, Inc
401 8th Street NE
Charlottesville, Virginia 22902

PAGE 1
VIRGINIA: IN THE CIRCUIT COURT FOR THE COUNTY OF GREENE
COMMONWEALTH OF VIRGINIA,
Plaintiff,
v.
JAKE DAVIS,
Defendant.
TESTIMONY OF
MELISSA BISHOP
Taken on
December 20, 2010

PAGE 2
APPEARANCES:
Ronald L. Morris, Esq. Dean E. Lhospital, Esq.
P. 0. Box 1028 229 Douglas Avenue
Stanardsville, VA 22973 Charlottesville, VA 22902
Attorney for Commonwealth Attorney for Defendant

Page 3
December 20, 2010
MELISSA BISHOP, having been so duly sworn, testifies
as follows:
DIRECT EXAMINATION
By: Mr. Morris
Q Good morning, would you tell the jury your name and occupation, please?
A Melissa Bishop, I’m a senior generalist teller at the Department of Motor Vehicles.
Q All right. And 1’11 reiterate, ask you to speak up, since we’re having noon chimes, make sure the—
A Okay.
Q —jury hears everything that you say. How long have you worked at the Department of Motor Vehicles?
A Four and a half years.
Q And where do you work?
A Charlottesville.
Q All right. And were you in Charlottesville—at the Charlottesville office in September of last year?
A Yes.

Page 4
Q Did you have occasion on or about that date to see the defendant, Mr. Davis, at your office?
A Yes.
Q What was the—what did he state was the reason for his visit?

Sage McGirk was at the DMV to register his dune buggy as a dune buggy. The application, with Melissa Bishops teller stamp, clearly states “dune buggy” as the body style.

A When I first con—was in contact with him I was at the information desk, he stated he was selling a motorcycle to the gentleman that was with him. So he was there to register that vehicle.

-Sage McGirk doesn’t have a motorcycle endorsement on his drivers license and the paperwork says “dune buggy”
-Jake’s Buggy had already been registered months prior.
-Kevin Wilson had yet to purchase his buggy nor would his title be printed by the manufacturer for another 22 days on 10-05-09
-Buddy Testerman didn’t purchase his buggy until 12 days later 9-24-09
THEREFOR neither Sage nor Jake attempted to register anything as a MOTORCYCLE on this date. Melissa Bishop is making up her story in order to create relevance to this case where there was none.

Q All right. And stated to you it was a motorcycle?
A At the information desk, yes.
Q At that time?
A Yes.
Q So you said that was at the information desk?
A Yes.
Q And is that different from your work station?
A Yes.
Q Just briefly explain that to the jury, please?
A Well, when you come into the DMV we look over your documents, you tell us what we’re doing, and then we

Page 5
proceed to give you the proper paperwork that you need to go forward with registering or titling the vehicle.
Q And when Mr. Davis told you that he was—wanted to register a motorcycle what did you do?
A I looked over the paperwork, gave him what he needed, asked him if he had a Bill of Sale, because he had a MCO, that requires a Bill of Sale when you’re selling it to someone.
Q Now what—lets slow down just a second.
A Okay, I’m sorry
Q What is a MCO?
A It’s the manufacturer’s Certificate of Origin. That’s the paperwork that goes with any brand new vehicle or automobile or all terrain vehicle.
Q All right. Did you—did all this take place while you were at the information desk?
A Yes.
Q All right. Anything else happen while you were there?
A Not in particular, I mean I just questioned about the Bill of Sale.

Melissa Bishop handed Sage a few papers and no conversation about body style or bill of sale occurred at this time. The Charlottesville DMV is notorious for making wait hours before telling you that you have insufficient paperwork.

Page 6
Q All right. Did he—what did he say about the Bill of Sale at that time?

After putting “Dune Buggy” in the computer as the body style, Melissa Bishop asked for payment and the Bill of Sale. Sage presented the BOS on the business card and his Visa Card. She calculated the fees and stamped Sage’s VSA-17A as “PAID” and then noticed the computer was asking for a Bill of Sale on Letterhead because the vehicle was purchased as “New.” She told Sage that the hand written Bill of Sale would have been fine if this were a used vehicle. This was the actual reason why Sage was given his paperwork back and told to come back Monday with a Proper Bill of Sale.

A He stated to me at that time that it was a business that he had just opened and did not have a fax machine, or a copier, or computer, or anything hooked up, so he wasn’t able to print a generated Bill of Sale. So he asked if he could write it on the back of the business card. I called and got authorization, and he was able to do that.
Q All right. Once again, all that had taken place while you were at your first station at the information desk?
A Yes.
Q Anything else take place while you were there?
A No, not anything unusual.
Q All right. Did there come a time when you saw the defendant later at your office?
A Yes, once I finished covering the information desk I went back over and called his ticket.
Q And what was your job at that point?
A To process the paperwork that I had in front of me.

Page 7
Q All right. And did the defendant come over to you?
A Yes.
Q And did he present paperwork?
A Yes.
Q What type of paperwork did he present?
A He had the manufacturer’s Certificate of Origin, he had the Bill of Sale on the back of the business card, and he had the application that the other gentleman had filled out.
Q All right. And what took place at that point?
A At that point when I went to register the vehicle, I realized that it was a dune buggy and not a motorcycle.
Q All right. And how were you able to determine that?
A It said dune buggy on the MCO. And then it also said it was an all terrain vehicle.
Q Based on your seeing that information, what did you do?

Page 8
A Well I was unable at that time to put the plates on the vehicle as they were requested, because it doesn’t allow you to do that.
Q And did you tell that to Mr. Davis?
A I did.

She read the definition of all-terrain-vehicle to Sage and then agreed that the picture of the vehicle is a dune buggy so she put “dune buggy” in the computer and went on with the transaction.

Q What happened once you told him you were not able to register this as a motorcycle?
A Well he got angry and asked me why, and I went to my manager and we pulled the policy, and I showed him that it says in there that you are unable to register or plate an all terrain vehicle.
Q And what’s your—what is your manager’s name?
A Tamara Smith.
Q Did Ms. Smith actually come over to your work location?
A No, I went to her office.
Q All right.
A With the MCO.
Q All right. And did you ever issue a title or–

Page 9
Q —Certificate of Title to the defendant that day?
A No, I did not.
Q Do you keep copies of the documents that you mentioned?
A We make copies for ourselves to pass on to the investigator.
Q All right. And first of all, I’ll show you writing that appears to be back—on the back of the card, and ask if you can identify that?
A Yes, that is what I saw.
Q All right. And which part of the transaction was this?
A That’s—would have been his Bill of Sale.
Q All right. Move this into evidence.
THE COURT: Any objection, Mr. Hospital?
MR. LHOSPITAL: The objection would be I don’t think this refers to the vehicles on the indictment.
THE COURT: Mr. Morris?
MR. LHOSPITAL: Relevance would be the objection.

This is where Greene County Commonwealth Attorney Ronald Morris creates the “Prior Knowledge” argument in order to create the crime and seal the Felony Convictions. Melissa Bishops “Paid” stamp on Sage’s VSA-17A dated 9-12-09 shows the transaction was completed except the payment and supporting documents and thus this false testimony should not have been allowed.

MR. MORRIS: The issue would be the defendant’s state of mind, information that he’d received. We would

Page 10
conceive this as not one of the two, but certainly the— and also the date, we think, would be important.
THE COURT: The date and the know—the defendant’s knowledge is what’s at issue here. So I’d overrule the objection to the—is there any objection to the document?
MR. LHOSPITAL: No, Your Honor.
THE COURT: So we’ll admit the document, the copy of the Bill of Sale is defendant’s exhibit 12.
MR. MORRIS: Commonwealth’s exhibit 12.
THE COURT: I mean, excuse me, Commonwealth’s exhibit 12, I apologize.
(Commonwealth’s Exhibit #12 was so duly marked and received into evidence at this time.)
Q And ask if you can identify the second item?
A Yes, that’s the MCO that I saw.
All right.
THE COURT: Any objection to the MCO?
MR. LHOSPITAL: No, .sir.

Page 11
THE COURT: All right. So we’ll take the copy of what the—the witness referred to as the MCO, that is the manufacturer’s Certificate of Origin.
MR. MORRIS: Yes, sir.
THE COURT: That will be Commonwealth’s exhibit 13.
(Commonwealth’s Exhibit #13 was so duly marked and received into evidence at this time.)
MR. MORRIS: Yes, sir.
THE COURT: And that will be admitted without objection.

Sage McGirk presented his own documents for the transaction.

Q And both of those documents were presented by the defendant, is that correct?
A Yes.
Q Once you told the defendant that you could not issue the title, you say he became upset?
A Yes.
Q Did he make any statements to you at that point?

Page 12
A He made the comment that, that’s the reason why he doesn’t come to Charlottesville, because he can never get anything done. And he said he would go to the Madison office and have it done.
Q All right. Thank you.
THE COURT: Cross.

CROSS-EXAMINATION
By: Lhospital
Q So how long have you worked at the DMV?
A Four and a half years.
Q Okay. And you said you were a senior—I’m sorry, can you restate your job title?
A Senior generalist.
Q Okay. So—so you’re—you know the gen—the general policies of the DMV, is that what the generalist means?
A Yes. Well, that’s just the title that they use.
Q You wear different hats?
A Yes.

Page 13
Q Okay. So you said that you pulled a–a policy that said you are not allowed to plate all-terrain-vehicles, correct?
A Correct.
Q So that wasn’t a policy that says you were not allowed to plate dune buggies?
A Well it says on the MCO that that is a all terrain vehicle.
Q So on the MCO it says dune buggy and all terrain vehicle?
A Well, I mean, I need to see the paper.
THE COURT: The document speaks for itself, it’s in evidence, you can show her, if you want, it states, in one instance, body type, all terrain vehicle, OHV, and the in the description it says Virginia dune buggy, so both are on there. You can use it if you want.
Mr. LHOSPITAL: Dune Buggy’s the name. okay.
Q What is OHV
A What is O–

Page 14
Q That—-
THE COURT: Why don’t you —here, Mr. LHospital, show her, since you’re asking, the fair thing is to show it to her.
Q I’ll show it to you.
The Court: That’s fine. you can Certainly ask about it–
Q Okay.
THE COURT: — That’s fair but she needs to be able to look at it.
Q It says all terrain/OHV, what is OHV?
A I don’t know what OHV means, but I know what a all terrain vehicle is.
Q Okay, do—
A Other motor vehicle?
Q That’s just a guess, you don’t know what it means?
A Right.
Q Is the answer?
A I’m not specific about OHV.
Q Okay, thanks. Now—so he did not try to hide the fact that it–it was a dune buggy, right?

Page 15
A No.
Q Okay. So when you—you talked about it being a dune buggy he didn’t deny that it was a dune buggy?
A Right.
Q He didn’t—he didn’t, for example, provide a falsified MCO that said motorcycle or anything like that?
A No.
Q Okay. You say you went through several steps. There’s—there’s a lot of paperwork involved in titling and plating these—these vehicles?
A Well you have to make sure you have the proper documentation before you title it.
Q Okay. So other then the—you say he didn’t have a Bill of Sale cause he didn’t have a printer?
A Correct.
Q So other then the Bill of Sale, he had all the paperwork?
A Correct.
Q And when you told him you needed a Bill of Sale he got the Bill of Sale?
A He wrote it on the back of the business card while he was in the building.

Page 16
Q But he got your permission to do that, right?
A Right.

See Melissa Bishop Witness Statement Below that reads:
“I’ve never been to the website”
Thus she is actively providing false statement to the court.

Q Okay. Do you—-do you—do you happen to know what that policy is that you looked at that said you are not allowed to plate all terrain vehicles, where—where—where did you find that policy?
A Within our DMTT website, under our policies and procedures, for vehicles.
Q Is that a publicly accessible website?
A It’s what—
Q That part of it?
A —we use as far as if we have questions about titling or drivers license. It lays down the exact rules, what we’re supposed to follow.
Q But it’s not accessible to the members of the public?
A I don’t know.
Q You don’t know. Okay, so they have—people end up asking you questions about this type of thing?
A When they ask us questions that we can’t answer we go to policy, we follow what the policy states.

Page 17
Q Okay. Do you happen to know whether on the publicly accessible portion of the website there’s pictures or explanations of the different kinds of vehicles?
A Honestly, I’ve never been to the website, so I don’t—I don’t know.
Q So he didn’t leave with any paperwork at the end of that day, right?
A He left with what he came in with.
Q Right, but he didn’t—you didn’t give him any–
A I didn’t—no.
Q Okay. Thanks.
THE COURT: Any redirect?
MR. MORRIS: No, sir.
THE COURT: All right. Can we excuse this witness, Mr. Morris?
MR. MORRIS: Yes,, sir, I believe we can.
THE COURT: Any objection?
MR. LHOSPITAL: No, sir.
THE COURT: Ma’a~n, let me thank you very much for your testimony.

2010 06-18 Madison Court – Dune Buggy Are Legal

Comments Off

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.

2010 03-16 DMV Sidetracks Governor and Senator Investigation

Comments Off

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 03-09 Testerman Dune Buggy Plates Canceled

Comments Off

Upwards of 5 police officers were seen “searching” Mr. Testerman’s property for the dune buggy.

2010 03-05 Response to Senator Requested

Comments Off

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 03-04 Boswell – Blocking Reconstructed Vehicle Applications

Comments Off

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 03-01 Marvin Brown – Arrest Jake Davis

Comments Off

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 02-27 DMV Order – Arrest Jake Davis At DMV

Comments Off

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 02-26 Jake Emails Senator Hanger For Help

Comments Off

Subject:  Three Wheels = Motorcycle, Four-Wheels=Felony

To: Senator Hanger

Over the last six months, I have been trying to work with the Virginia Department of Motor Vehicles to try setting up reasonable, official, and clear guidelines for titling and inspection of dune buggies for street use in Virginia. This has lead to some pretty serious legal implications. A DMV detective has taken it upon himself to shut down my business and needlessly ruin my life.

DMV Detective Bill Bralley first began his harassment of Va Dune Buggy by first filing a groundless Cease and Desist order for sales. After weeks of trying to cooperate with Bralley, I contacted the Virginia DMV Deputy Director and he lifted the Groundless Cease and Decist order. Within hours of being notified, Detective Bralley came to my shop and told me “I don’t agree with the Administrations Decision” and I should “watch out.” Days later, he became the driving force behind Felony charges filed against me for registering two dune buggies as motorcycles (rather than passenger car) for street use in Virginia. The initial buggy passed a DMV Safety inspection prior to registration as per the procedure indicated by the DMV and was registered without incident.
On 2/26/2010, while trying to correct the previous titling mistake, I was told that I could not. I was then contacted by the DMV’s Titling department and told that under the direction of that DMV Detective and others, policy has been crafted to prevent registration for street use:

* Any vehicle with “dune buggy” on the previous title
* Any vehicle with “off road use only” on the title or MSO no matter how many modifications even if it passes a Virginia Vehicle Safety Inspection.

I’ve been trying to work with the DMV but their agenda is to create policy which will prevent me from fixing the registration mistake that resulted in Felony charges against me. While this decision is a slap in the face to me, it is a tragedy for the people of the commonwealth. Citizens have lost the ability to register these highly efficient and fun dune buggies for street use.

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

Comments Off

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.
← Older Entries