CHATTANOOGA, Tenn., March 1, 2022 — Gregory Parker of Rossville, Ga., is a tradesman, carpenter, welder and all-round solid family man and private person, of the sort that constitutes the “salt of the earth” American commoner.
By David Tulis / NoogaRadio 06.9 FM
He is in criminal court today before Judge Barry Steelman on 12 criminal charges laid against him by TN state trooper Dale Herring. The great problem for operators of the Tennessee highwayman program and their prosecution is that Mr. Parker and his evidence do not include any contracts.
By that, I mean that he has no contract with the state of Tennessee, as Mr. Parker tells it, to be a licensee, to petition for and obtain the privilege of using the public roads for private profit and gain, for hire. Mr. Parker has argued there exists no contract to be licensee, nor, secondarily, is there any evidence that he has contracts with private or corporate parties to serve them in the field of transportation.
Role of ‘essential elements’
In other words. there is no evidence anyone has hired Mr. Parker to haul goods or people, under contract, for hire, on the public’s roadways, highways, boulevards, roads and lanes.
That being the case, the state is going to have a hard time — if Mr. Parker plays his position carefully, with or without counsel — proving one of the essential elements of the “driving on suspended” charge, the charge at the base of the state’s mountain of allegations.
Essential element refers to each of the parts of the criminal case that must be alleged in the charging instrument (the complaint, the indictment). In reckless driving, for example, there are six essential elements, and at trial each of the essential elements must be listed in the charge, and proven at trial. The absence of any one essential element means the prosecution fails.
As I have an interest in expanding Christian liberty and forcing retreat of commercial government, I propose the following trial transcript. It is purely imaginary, especially the possible answer that trooper Dale Herring gives. But the line of questioning is important in that it shows defendant Parker driving home his case by interrogatory on the evidence — or lack thereof— on the part of the commercial enforcers of Tennessee’s commercial users of highways.
Script for trial
Gregory Parker Do you have any evidence you can testify to that I was a commercial operator and driver subject to commercial regulation under the TN motor vehicle code at Title 55 or Title 65?
Trooper Herring (Expired tag on back. Driver license suspended)
Gregory Parker The tag on the back – Do you have any evidence you can testify to that this tag must be current and valid if I am operating a motor vehicle?
Trooper Herring (By law, if you are on the road, the tag must be valid, and yours is out of date)
Gregory Parker To clarify, is it your testimony that the tag on the back must be current and valid to legally and lawfully drive and operate a motor vehicle on the public right of way as carrier?
Trooper Herring (Yes, it must be valid, and you must meet Other requirements to use the road. Insurance. Registration)
Gregory Parker Do you have any evidence you can testify to that I was carrying any passengers?
Trooper Herring (no)
Gregory Parker Do you have any evidence you can testify to that you observed any boxes, packages or contents of my truck that you took to be commercial objects, objects in commerce?
Trooper Herring (Don’t understand)
Gregory Parker Do you have any evidence you can testify to that there were objects of transportation and commerce for hire in the truck?
Trooper Herring (Ladder in back, tools)
Gregory Parker Do you have any evidence you can testify to as to the basis of your making this legal conclusion?
Trooper Herring (I am a trooper with 25 years Of experience in law enforcement. These items Were in the back of your truck, and appeared to be business tools)
Absence of manifests, bills of lading
Gregory Parker Do you have any evidence you can testify to as to the basis of WHY you believed these items of property were being transported in commerce, part of a commercial transaction of someone in the trucking business?
Trooper Herring (Not Sure of the question)
Gregory Parker Do you have any evidence you can testify to that you asked me to see any shipping contracts?
Trooper Herring (No, I did not ask this question)
Gregory Parker Do you have any evidence you can testify to that you asked for or saw Bills of lading?
Trooper Herring (No)
Gregory Parker Do you have any evidence you can testify to that you asked for or saw Waybills?
Trooper Herring (No)
Gregory Parker Do you have any evidence you can testify to that you asked for or saw Invoices ?
Trooper Herring (No)
Gregory Parker Do you have any evidence you can testify to that you asked for or saw Manifests?
Trooper Herring (No)
Gregory Parker Do you have any evidence you can testify to that you asked for or saw Contracts?
Trooper Herring (No)
Gregory Parker Do you have any evidence you can testify to that I was exercising a state privilege in a motor vehicle?
Trooper Herring (You are known to have a suspended driver license And were clearly operating a motor vehicle As a driver / operator)
Gregory Parker Do you have any evidence you can testify to as to the basis of your belief that I am a person subject to the motor vehicle and state transportation law?
Trooper Herring (I saw you operating a motor vehicle on Highway 27 knowing that you do not have a valid license)
OBJECTION
Gregory Parker I object, your honor. Tell the witness to testify as to facts, not to conclusions of law. To say I am “operating a motor vehicle” is a conclusion of law, and not a fact to which he can testify. This man has no authority in making conclusions of law on the stand.
(overruled, denied)
Gregory Parker So, you are saying I was under a state privilege, operating not privately, but commercially, as a for hire carrier either common or private?
Trooper Herring (You had a suspended driver licernse, and driving is not a right. It is a privilege)
Gregory Parker Do you have any evidence you can testify to that in TN, all use of the road commercial?
Trooper Herring (Yes,I enforce the traffic law upon all users of the road, regardless of their status as shippers or private)
Gregory Parker Yes, but do you have any evidence you can testify to that 100 percent of travel is commercial?
Trooper Herring (No, not here with me.)
Gregory Parker Do you have any evidence you can testify to that you enforce the commercial trucking law under the U.S. department of transportation on all users of the road, regardless whether they are commercial or private?
Motion for dismissal
Here, the accused moves or dismissal based on Dale Herring’s testimony because he admits he has no evidence you nor any other accused persons are a commercial user —
— in contract with the state as a licensee exercising a state privilege to work in a taxable, regulable occupation.
— in contract with another party to carry goods or people for hire, for private profit and gain.
The trooper admits no evidence of commerce under Title 55, the regulatory body of law (administrative) for THP regulation of motor vehicles / carriers.
