Sheriff Austin Garrett of Hamilton County, Tenn., is defending criminalized traffic stops that the law requires to be handled administratively in the Tennessee department of safety. (Photo HCSO)

I am suing to end traffic stops as criminal prosecutions and force them to be prosecuted by the state, and not by counties or cities, and that in the agency in charge of the driver license. In other words, traffic stops are to be prosecuted civilly, under administrative law, under the powerful doctrine of exhaution of administrative remedies. I am suing Hamilton County, its sheriff, Austin Garrett, and deputy Brandon Bennett for injunctive relief and F$25 million in aggravated damages for falsely arresting me on press business, in violation of numerous laws. When Bennett seized me, under Terry vs. Ohio he did a patdown and wanted to determine if my key holder, a rotary dial from an old-style telephone, was an IED  (improvised explosive device) detonator.

Given the giant infrastructure I claim in support in my federal case, my pleadings in the 6th circuit court of appeals are very powerful. They are without precedent.  The defendants waive all argument that I make that “driving and operating a motor vehicle constitute a privilege,” being unable to withstand my law, and my logic, by God’s grace and friendship with The Gnomes, have put before them.

ADMINISTRATIVE NOTICE ON POLICE POWERS, PRIVILEGE, EXHAUSTION OF ADMINISTRATIVE REMEDIES & UAPA

1. Driving or operating a motor vehicle is a privilege in Tennessee.
2. The driving privilege is established under authority of Tenn. Const. Art. 2 § 28.
3. “The engaging in any vocation, profession, business or occupation named in this part is declared to be a privilege taxable by the state alone. The privilege tax established in this part shall be collected by the commissioner of revenue and deposited into the state general fund, except as otherwise provided for in this part. “The occupations, businesses and business transactions deemed privileges are to be taxed, and not pursued without license *** ” T.C.A. § 67-4-101.
4. Privilege regulation is set forth in title 62, professions, businesses and trades; title 65, chapter 15, carriers; and title 55, motor and other vehicles; among others.
5. The commissioner of safety administers the motor vehicle driving privilege. Title 55, chapter 50.
6. The commissioner holds a hearing regarding a driver license in a contested case. T.C.A. § 4-3-2005.
7. Allegation of misuse of privilege is heard by the issuing agency under the uniform administrative procedures act (“UAPA”) at Tenn. Code Ann. § 4-5-101 et seq. Controversies over licenses are administrative in nature (“[T]he grant or refusal of a license to use public highways in commerce is purely an administrative question.” McMinnville Freight Line, Inc. v. Atkins, 514 S.W.2d 725, 726–27 (Tenn. 1974)). “[T]he Utilities Commission has never been held by this Court to be restricted by the technical common law rules of evidence in determining purely administrative questions, and we have held that the grant or refusal of a license to use public highways in commerce is purely an administrative question” Hoover Motor Exp. Co. v. R.R. & Pub. Utilities Comm’n, 195 Tenn. 593, 616, 261 S.W.2d 233, 243 (1953). (emphasis added)
8. Pursuant to T.C.A. § 4-3-2005, the commissioner of safety or his designated hearing officer hears allegations regarding a license under the uniform administrative procedures act, T.C.A. § 4-5-101 et seq (“UAPA”). 
9. In regulating the use of “every way publicly maintained that is open to the use of the public for purposes of vehicular travel,” the department of safety “shall abide by all federal rules and regulations relative to the issuance, suspension, and revocation of driver licenses and qualification of drivers” T.C.A. § 55-50-504.
10. Allegations against a person or individual for acts in privilege taxable activity are subject to movant’s duty to exhaust administrative remedies, a well-known legal doctrine. Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827, 838-39 (Tenn. 2008)
11. Agreement made between the state and a member of the public applying for a driver license is subject to dispute resolution protocol pursuant to UAPA.

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Princely warfare against principalities & powers

David runs a personal nonprofit fighting and mercy ministry. He thanks you for checks sent directly to c/o 10520 Brickhill Lane, Soddy-Daisy, TN 37379. Also at GiveSendGo.

I am reporter with Eagle Radio Network — marvelously playing rock hits in Chattanooga, and online at https://www.eagleradionetwork.com/