If you are bewildered about the traffic case against you, Arthur J. Hirsch explains how to defeat the criminal action as judicially untenable, based in fraud.
By David Tulis / NoogaRadio Network
It is a conniving workaround by brass at the Tennessee department of safety and homeland security in Nashville, overseen by Jeff Long, commissioner. To prosecute in a traffic case a person for driving on revoked is a falsity difficult to defeat, given the low condition of courts in Tennessee, especially in rural counties such as Lawrence, where Arthur J. Hirsch lives.
Mr. Hirsch has just filed in the circuit court in Lawrenceburg a motion to vacate a trial judgement in a 5-year-old “traffic” case in Lawrence County, Tenn. At the heart of his analysis is the distinction between travel and transportation and how the department created for him a “driver license” that it revoked prior to the case brought against him by a highway patrolman.
Traffic enforcement mechanisms are similar across the 50 states. So even if you are not a Tennessean the insights in his 29-page motion are potentially valuable.
The department violates numerous laws regarding driver licenses to run this operation against thousands of people in Tennessee, especially among the poor, many of whom are trapped and subject to continual new criminal charges for “driving on revoked” or “driving on suspended.”
Assigning a person a driver license — and immediately revoking it — is a fraudulent way of creating authority over a roadway user or traveler, and of giving a sessions or criminal court subject matter jurisdiction. Without a license, no person is subject to ordinary motor vehicle law enforcement, not having entered into the scope of the statute applicable to the trucking and hauling trades.
Mr. Hirsch correctly explains that traffic cases are, at heart, tax cases upon privileged parties exercising the privilege of “driving” or “operating” a motor vehicle, taxable and regulable upon all those involved in for-hire work on the roads, either as a common or private carrier.
