Direct your lawyer to use administrative notice in your defense

A police car runs its lights in Chattanooga. (Photo Wrcbtv.com)

I intend that people accused of crimes in the Chattanooga area use my transportation administrative notice in court as part of their defense.

Its purpose is to establish that the officer acted in bad faith outside the scope of the statue and that his arrest, citation and charge lack the gateway criminal element that would otherwise make the case lawful.

By David Tulis / NoogaRadio 92.7 FM

The notice is intended to pre-empt material that would otherwise serve the state and bring a conviction. The material I believe should be pre-empted is the question of whether a driver license of the accused has — or is —  revoked, suspended. Also pre-empted is whether the accused has insurance or a current tag showing the car is registered as a motor vehicle.

With notice in play, the proceedings do not arrive at these questions and focus the court’s attention on the precedent matter — whether the activity in the car or truck at the hour of the “traffic stop” was privileged or subject to the requirement that the traveler have a state-granted privilege.

The question of driving and operating comes first. Then, secondarily, comes the question whether a driver license (or other proofs of commerce) are rightly identified as being expired or suspended.

It is important for someone in a criminal case to use the notice in his defense, helping him establish bad faith actions by the officer and also that the defendant was not involved in commercial activity on the day in question. 

I suggest the defendant direct his attorney, who is generally speaking his agent and servant, to use the notice as part of the defense. 

If enough people use the notice in the Chattanooga area, there will be brought to an end the use of police power under Tenn. Code Ann. Title 55, motor and other vehicles, has been used as an enforcement tool.

If one has an attorney, one must direct him to show by inquiry of the officer that the state has no evidence that the defendant was involved in regulable activity, namely operating a motor vehicle, which by definition means using a car or truck in a for-hire capacity.. 

The proper line of questioning before sessions or in criminal court is the evidence that the officer obtained that showed him, (a) the person committed an infraction under the Title 55, and, (b) that he has evidence of commercial nature of that use the road at that time.

The lawyer must demand evidence that the officer obtained copies of commercial instruments such as bills of lading, bills of lading contracts, passenger lists and other proofs that the person was being paid to be on the road, was operating commercially, is in a for-hire capacity, and is either a private or public carrier.

However, hiring an attorney is a risky proposition. I have not met a single lawyer in Chattanooga who understands the issue properly, and those who do understand it declare there is no money in ending the abuse of the people by courts and police. 

Attorneys believe in a mystical and totalistic source of power that the state has obtained. By magic, the state has untold powers outside the scope of the constitution or written law. This power is exercised, in their minds, presuppositionally, without its existence needing any sort of investigation.

Lawyers’ allegiance is to the state

Attorneys have an interest not to overturn the system as I have proposed doing. Transportation Administrative Notice is anathema to lawyering because it stabs at a valuable pumping ventricle at the heart of the for-profit legal industry. To halt traffic stops against people not involved in traffic puts a huge crimp in the business of the state’s cronies in law and in insurance.

Lawyers owe their allegiance to the court, and not to the client, according to their rules of ethics. Care for a client is subservient to that owed to judicial policy, even if that policy allows mass state violation of constitutional guarantees, such as the right of free communication by travel on the people’s highways.

I argue for local action and lococentrism as part of Christian reconstruction and Christian restoration of the rights of the poor and oppressed. I am 98 percent certain that lawyers, even Christian attorneys, will do anything to further the cause of liberty and an open, free city. Probably some of the biggest obstacles against ending the oppression of blacks will come from attorneys whose wealth depends on the status quo.

People in Nashville, Knoxville, Nashville and other cities may want to join in my program of public notice, using my transportation administrative notice to put local officials on notice about their abusive use of police to harass blacks, the poor and everyone else promiscuously.

Get your TAN now: Transportation Administrative Notice creates cause of action vs. cops, traffic court defense

The David Tulis show is 1 p.m. weekdays, live and lococentric.

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