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Pre-plea remedy & avoidance jabs into heart of ‘commercial government’ beast

I am at the entrance of the Hamilton County jail, aka Silverdale, on Nov. 22, 2023. (Photo David Tulis)

Crim pre-plea remedy & avoidance

I’ve just filed a pre-plea remedy and avoidance to throttle back traffic policing with a defense not tried before. I argue that criminal prosecution of traffic is premature in criminal sessions court, that it must be pursued by the state in administrative court in a contested case. In other words, a Chattanooga traffic case like mine must be heard in Nashville in DOSHS, and that the state can resort to criminal jurisdiction only if it cannot obtain relief administratively.

This analysis could shut down the entire operation of commercial enforcement in TN, just like Vladimir Bukovsky nearly shut down the soviet union with a complaint-generating campaign from the gulag that absorbed nearly every office using the arcane system of rules and duties under which red officials worked. We are hanging them by their own tongue, or nailing their tongue to the table.

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