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Topic: Traffic Court

Created on: 01/31/22 12:29 PM

Replies: 42

MARK77


Joined: 12/21/21

Posts: 14

Traffic Court
01/31/22 12:29 PM

I have a traffic court (Murfreesboro City Court) this Thursday Feb 3 cited for "lack of due care" .

I gave no statement to the officer. I've tried to figure out what defense I could mount. The only thing I can think of is that the officer cannot testify did not witness and could not testify and his testimony would be hearsay.

Any defense suggestions?
* Last updated by: MARK77 on 1/31/2022 @ 12:33 PM *

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
01/31/22 12:51 PM

are you a driver?
https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=20a0a37c3d2ca80c127b9b73378dba6b&term_occur=999&term_src=Title:49:Subtitle:B:Chapter:III:Subchapter:B:Part:390:Subpart:A:390.5|Driver

if not let them know you wernt driving and the law dosnt apply. challenge jurisdiction

second the law is about safety, safety is a violation of due process because well... no tort no jurisdiction


here is a cheat sheet about driving laws.
https://wearechange.org/u-s-supreme-court-says-no-license-necessary-to-drive-automobile-on-public-highwaysstreets/

i dont know all the details here ..so bare with me
this is a primer for fighting a case about driveing .. there are lots trapps the magistrate will try ..you will fall for it ...

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
01/31/22 12:54 PM

also tell them thats not a motor vehicle it your property
the definition means comercial also..

if you wanna have a long education on this just hit me up i have some time to talk about

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MARK77


Joined: 12/21/21

Posts: 14

RE: Traffic Court
01/31/22 2:09 PM

I was the driver.
The motor vehicle is titled to a trust of which I am not the grantor.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
01/31/22 5:02 PM

what comercial work were you doing?

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MARK77


Joined: 12/21/21

Posts: 14

RE: Traffic Court
01/31/22 7:07 PM

None.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
01/31/22 7:12 PM

then you were not driving

"Driver
Driver means any person who operates any commercial motor vehicle."

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MARK77


Joined: 12/21/21

Posts: 14

RE: Traffic Court
01/31/22 7:50 PM

Tenn annot code 55-50-102 (Definitions)

"Driver" means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

Sigh.

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MARK77


Joined: 12/21/21

Posts: 14

RE: Traffic Court
01/31/22 8:04 PM

Is it a viable defense to ask the judge to disallow officer testimony since he is not a witness and his report is based on hearsay?

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
02/01/22 2:22 AM

every argument is viable and the definition i gave you are federal and federal the supremacy clause applies
.

you are not a driver they law dose not apply to you ..
your automobile is not a motor vehicle
and traffic laws apply to driver in motor vehicle and if you look up the definitions of all the key word they all mean comercial

tell the judge you were not driving ,the officer was mistaken.

ive won 5 cases with this argument now

they tricked you into saying your working as a taxi and or hauling goods for profit


TRAFFIC. Commerce, trade, sale or exchange of merchandise, bills, money and the like.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
02/01/22 2:29 AM

they are playing word games with you .. you have to dispel the myth you were driving ..you were not driving(working for profit)

https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=fbca62c15d0f78463868dcfd63260780&term_occur=999&term_src=Title:49:Subtitle:B:Chapter:III:Subchapter:B:Part:390:Subpart:A:390.5T

Motor vehicle
Motor vehicle means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.

*passengers*

Charter transportation of passengers means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single *contract*, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin.

https://www.law.cornell.edu/cfr/text/49/390.5T

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Traffic Court
02/01/22 2:37 AM

you are a free people
with the right to travel with your property

the government has no control over you unless its an act of commerce
they tricked you into saying your working commercially

if you argue this you will win.
if you get a bad judge then appeal immediately they will over turn it


im not just saying all this ive done this and 2 out of 5 time i had to apeal but won the apeal.. at this point what you have to lose?

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