TN bans traffic ticket quotas and Super Speeder Tax

Photo copyright The Dragonator

THE DRAGONATER WINS IN TRAFFIC COURT AT DEALS GAP, RAISES SPEED LIMIT TO 65 MPH ON THE DRAGON - NOLLE PROSEQUI BY BLOUNT COUNTY ATTORNEY GENERAL. NO TESTIMONY, HEARING NOR TRIAL WHATSOEVER. 60 MPH SPEEDING TICKET DISMISSED WITH PREJUDICE, COSTS PAID BY THE STATE, IN BLOUNT COUNTY GENERAL SESSIONS COURT WITH JUDGE BREWER. THP TROOPER RANDALL HUCKEBY ADMITTED ON VIDEOTAPE DURING TRAFFIC STOP THAT ALL SPEEDING TICKETS NORTHBOUND ON US129 AT MILE MARKER 0.5 ARE FEDERAL JURISDICTION, NOT STATE JURISDICTION (VIDEO BY THE DRAGONATER). HUCKEBY WAS ALSO CAUGHT ON VIDEO SPEEDING AT 60 MPH ON THE DRAGON, WITHOUT THE MANDATORY EMERGENCY LIGHTS AND SIREN REQUIRED FOR IMMUNITY FROM PROSECUTION (VIDEO BY THE DRAGONATER). TDOT ADMITTED IN WRITING THAT THE MANDATORY TRAFFIC ENGINEERING SURVEY SPEED AUDIT WAS NEVER PERFORMED, IN VIOLATION OF TN CODE, THUS THE POSTED 30 MPH SPEED LIMIT ON THE DRAGON REVERTS TO THE DEFAULT 65 MPH IN TN CODE. THE DRAGONATER ALSO MADE VIDEO OF TROOPER HUCKEBY SPEEDING UP TO 60 MPH ON THE DRAGON IN A 30 MPH ZONE, WITHOUT MANDATORY EMERGENCY LIGHTS NOR SIREN, IN VIOLATION OF TN CODE, AND PERJURY IN HIS PERSONNEL FILE, WHICH SHOWED HIS $100,000+ SALARY. 2007 TDOT SAFETY AUDIT REPORT CONFESSED THAT THP'S JOB IS TO BAN ALL COMMERCIAL BUSINESSES ON THE DRAGON, SO THP TICKETS INCREASED 11,400% IN BLOUNT COUNTY. THP'S STALKER RADAR OPERATOR MANUAL CONFESSED THAT RADAR CANNOT MEASURE THE SPEED OF VEHICLES WITHIN 18 MPH OF ACTUAL SPEED. WATCH THIS SPACE FOR FULL EVIDENCE FILE. UPDATE 7 MARCH 2011

Dragonator Note: This new bill has been signed by Governor Bredeson and took effect on 1 July 2010, and is now listed in the 2011 edition of TN Code posted online by Michie.

The Super Speeder Tax Bill was defeated in the TN House, due to it being a re-election year, but the impotent Senate passed it anyway. So not a law...yet. Beware 2011 -- not a re-election year -- with a $500 tax added to all speeding tickets over 15 mph above the posted speed limit. Keep fighting this tax bill!

COP.
2. to steal; filch. 3. to buy (narcotics). 4. cop out, a. to avoid one's responsibility, the fulfillment of a promise, etc.; renege; back out. 5. cop a plea, a. to plead guilty or confess in return for receiving a lighter sentence. b. to plead guilty to a lesser charge; plea-bargain.
-Random House Unabridged Dictionary

All ticket quotas are illegal, according to cops and lawyers for the Fraternal Order of Police in Knoxville, where this bill's sponsor, Tim Burchett, was elected mayor in 2010.

Here is the text of the original bill sponsored by Rep Tim Burchett (R), but the punishment portion was ammended and removed, due to blackmail and extortion of legislators by THP and local cops. So-called "organized crime intelligence" spy divisions only spy on politicians, Hollywood superstars, pro athletes, news reporters, and occassionally criminal kingpins to extort protection rackets, according to Detective Mike Rothmiller's autobiography, LA Secret Police: Inside the LAPD Elite Spy Network.

So apparently there's no firing of a cop or commander busted for perping an illegal quota in Tennessee. However, any traffic ticket written by that cop or agency is thus null and void...

In 2009, THP confessed it has a 700-ticket-per-year quota for troopers to avoid firing, with 800 tickets per year required to get overtime bonus on the Dragon, that can pay traffic cops over $200,000 per year.

Tennessee Highway Patrol brags it increased tickets for bikers by 11,400% in Blount County on the Dragon...

Radar map of the Dragon

Secret tape of cops' illegal ticket quota

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TN Code - Chapter 16 - Offenses Against Administration of Government

Part 5 — Interference with Government Operations

39-16-516. Traffic offense citation quotas — Performance standards. —

(a) A political subdivision or any agency of this state may not establish or maintain, formally or informally, a plan to evaluate, promote, compensate, or discipline a law enforcement officer solely by the issuance of a predetermined or specified number of any type or combination of types of traffic citations.

(b) A political subdivision or any agency of this state may not require or suggest to a law enforcement officer that the law enforcement officer is required or expected to issue a predetermined or specified number of any type or combination of types of traffic citations within a specified period.

(c) Nothing in this section shall prohibit a municipal corporation, a political subdivision or any agency of this state, from establishing performance standards for law enforcement officers that include issuance of traffic citations, but do not require issuance of a predetermined or specified number or any type or combination of types of citations as the sole means of meeting such performance standards.

(d) As used in this section:

(1) “Conviction” means the rendition of an order by a court imposing a punishment of incarceration or a fine; and

(2) “Traffic offense” means an offense under title 55.

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SENATE BILL 2703

By Burchett

HOUSE BILL 2952
By Brooks H

AN ACT to amend Tennessee Code Annotated, Title 39, Chapter 16 and Title 55, Chapter 8, relative to traffic offense quotas.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 39, Chapter 16, Part 5, is amended by
adding the following new section:

39-16-516.

(a) A political subdivision or any agency of this state may not establish or
maintain, formally or informally, a plan to evaluate, promote, compensate, or
discipline a law enforcement officer according to the officer’s issuance of a
predetermined or specified number of any type or combination of types of traffic
citations.

(b) A political subdivision or any agency of this state may not require or
suggest to a law enforcement officer that the law enforcement officer is required
or expected to issue a predetermined or specified number of any type or
combination of types of traffic citations within a specified period.

(c) A violation of this section by an elected official is misconduct in office
under § 8-47-101 and Article VI, Section 6 of the Constitution of Tennessee, and
a ground for removal from office. A violation of this section by a person who is
not an elected official is a ground for disciplinary action, including removal from
the person’s position.

(d) Nothing in this section shall prohibit a municipal corporation, a
political subdivision or any agency of this state, from establishing performance standards for law enforcement officers that include issuance of traffic citations,
but do not require issuance of a predetermined or specified number or any type
or combination of types of citations as the sole means of meeting such
performance standards.

(e) As used in this section:

(1) “Conviction” means the rendition of an order by a court imposing a punishment of incarceration or a fine; and

(2) “Traffic offense” means an offense under title 55.

SECTION 2. This act shall take effect July 1, 2010, the public welfare requiring it.

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Tennessee General Assembly -- Bill summary

*SB 2703 by *Burchett, Burks, Black, Ford, O.. (HB 2952 by *Brooks H, Hardaway, Haynes, Faulkner.)

Local Government, General - As enacted, prohibits local governments from punishing or rewarding law enforcement officers solely based on the number of traffic citations issued or collected upon. - Amends TCA Title 39, Chapter 16 and Title 55, Chapter 8.

Fiscal Summary
MINIMAL

Bill Summary

This bill prohibits a political subdivision or any agency of this state from establishing or maintaining, formally or informally, a plan to evaluate, promote, compensate or discipline a law enforcement officer according to the officer's issuance of a predetermined or specified number of traffic citations. This bill further prohibits a political subdivision or any agency of this state from requiring or suggesting to a law enforcement officer that the officer is required or expected to issue a predetermined or specified number of traffic citations within a specified period.

Under state statutory law, any person holding a state, county, or municipal office is subject to removal from such office for any of the following, unless the removal of such person is otherwise provided for: (1) Knowingly committing misconduct in office; (2) Knowingly neglecting to perform any duty mandated by any of the laws of the state; (3) Voluntary public intoxication; (4) Any form of gambling; or (5) Any act constituting a violation of any penal statute involving moral turpitude. This bill specifies that any elected official who violates its provisions commits an offense for which such official could be removed from office as discussed above. If the person who violates the provisions of this bill is not an elected official, then such person would be subject to disciplinary action, including removal from such person's position.

This bill specifies that it does not prohibit any political subdivision or agency of the state from establishing performance standards for law enforcement officers that include issuance of traffic citations, but do not require issuance of a predetermined or specified number or any type or combination of types of citations as the sole means of meeting such performance standards.

ON MAY 10, 2010, THE SENATE SUBSTITUTED HOUSE BILL 2952 FOR SENATE BILL 2703, ADOPTED AMENDMENTS #1 AND #2, AND PASSED HOUSE BILL 2952, AS AMENDED.

AMENDMENT #1 clarifies that this bill prohibits plans that discipline or reward an officer "solely by" issuance of a predetermined or specified number of any type or combination of types of traffic citations.

AMENDMENT #2 removes this bill's provision whereby a violation of this bill would be considered misconduct in office under statutory and constitutional law, and would subject a person to removal from office.

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Cobra ticket notifier in action on the Dragon, with 18 cops per 11 miles


100,000s of bikers boycott Tennessee and the Dragon

These same THP troopers demand pretty girls suck their dicks during traffic stops, then videotape them in action, on more than one occasion:

"I’ll burn your house down, set your dog on fire and there won’t be a member of your family left, do you understand me? I won’t hire it done, I will do it myself! Do you understand me?”
-Deals Gap sheriff James Berrong threatening to kill his secretary, United States Court of Appeals, Sixth Circuit, Nuchols v. Berrong, No. 04-5645, July 11, 2005 (6th Circuit had no problem with Sheriff Berrong murdering his secretary)

We need this bill in TN ASAP, same for vehicle registration tax waiver of ownership. Without a driver license contract to waive your Constitutional right to travel, no cop nor court has jurisdiction for traffic tickets:

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UPDATE 3 OCTOBER 2010: Georgia Bill for Constitutional right to travel without driver license

10 LC 34 2350
House Bill 875
By: Representative Franklin of the 43rd

A BILL TO BE ENTITLED
AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to repeal Chapter 5, relating to drivers' licenses; provide for a short title; to report the findings of the General Assembly regarding the constitutionality of certain laws relating to drivers' licenses; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Right to Travel Act."

SECTION 2.

The General Assembly finds that:(1) Free people have a common law and constitutional right to travel on the roads and highways that are provided by their government for that purpose. Licensing of drivers cannot be required of free people because taking on the restrictions of a license requires the surrender of an inalienable right;(2) In England in 1215, the right to travel was enshrined in Article 42 of Magna Carta:It shall be lawful to any person, for the future, to go out of our kingdom, and to return, safely and securely, by land or by water, saving his allegiance to us, unless it be in time of war, for some short space, for the common good of the kingdom: excepting prisoners and outlaws, according to the laws of the land, and of the people of the nation at war against us, and Merchants who shall be treated as it is said above.(3) Where rights secured by the Constitution of the United States and the State of Georgia are involved, there can be no rule making or legislation that would abrogate these rights. The claim and exercise of a constitutional right cannot be converted into a crime. There can be no sanction or penalty imposed upon an individual because of this exercise of constitutional rights;(4) American citizens have the inalienable right to use the roads and highways unrestricted in any manner so long as they are not damaging or violating property or rights of others. The government, by requiring the people to obtain drivers' licenses, is restricting, and therefore violating, the people's common law and constitutional right to travel; (5) In Shapiro v Thompson, 394 U.S. 618 (1969), Justice Potter Stewart noted in a concurring opinion that the right to travel "is a right broadly assertable against private interference as well as governmental action. Like the right of association...it is a virtually unconditional personal right, guaranteed by the Constitution to us all." The Articles of Confederation had an explicit right to travel; and we hold that the right to travel is so fundamental that the Framers thought it was unnecessary to include it in the Constitution or the Bill of Rights;(6) The right to travel upon the public highways is not a mere privilege which may be permitted or prohibited at will but the common right which every citizen has under his or her right to life, liberty, and the pursuit of happiness. Under this constitutional guarantee one may, therefore, under normal conditions, travel at his or her inclination along the public highways or in public places while conducting himself or herself in an orderly and decent manner; and(7) Thus, the legislature does not have the power to abrogate the citizens' right to travel upon the public roads by passing legislation forcing the citizen to waive the right and convert that right into a privilege.

SECTION 3.

Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by repealing Chapter 5, relating to drivers' licenses, and designating said chapter as reserved.

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.

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Ex-officers seek to stop traffic grants

By Daniel Borunda
EL PASO TIMES
11/01/2011

Five former El Paso police officers have filed a request for an injunction against city officials, alleging police have an illegal quota system for traffic tickets.

The ex-officers claim they were forced to resign, but City Manager Joyce Wilson said the officers resigned when faced with termination linked to allegations of falsified time sheets.

The resignations come after an investigation began in late summer regarding the misappropriation of overtime linked to the Selective Traffic Enforcement Program, or STEP, grant. The investigation has since expanded beyond traffic grants.

A week ago, Lt. Alfred Lowe, head of the Crimes Against Persons Unit, was placed on administrative leave pending an investigation into overtime regarding a state grant paying for anti-gang operations.

The petition for an injunction was filed last week in the 34th District Court and seeks to stop the El Paso Police Department from using state traffic enforcement grants and alleges that a quota system is being used.

A hearing date is pending on the petition filed by ex-officers Luis Acosta, Ana Reza, Jorge Arellano, Michael Arzaga and Luis Alonzo Ortiz against Police Chief Greg Allen, Wilson and Mayor John Cook.

Each officer was with the department for more than 10 years until their resignations in late August and September. They are represented by lawyers Stuart Leeds and Theresa Caballero.

Leeds and Caballero provided the El Paso Times with a copy of an internal police email where a traffic sergeant complains to officers that not enough citations are being issued as part of a Click-It-or-Ticket seat-belt enforcement grant.

The May 26 email by Sgt. Jack Matthews of the Traffic Division stated "the performance standard set forth in the grant is a minimum of three seat-belt violations per hour of work per officer. If you think that you cannot meet this goal during your five-hour shift, then do not work the grant ... those that do not produce what is required will not be considered to work any traffic-related grants in the future."

Matthews was a past grant administrator, according to city documents, and retired Aug. 20, about the time the grants investigation was under way. Matthews has not been accused of wrongdoing.

Leeds said the email is proof that a quota system, though using a different name, is used by the Police Department in violation of state law.

"This proves this is all about money," Leeds said. "It is not about law enforcement and criminal justice. The people of El Paso are being hunted" for traffic citations.

Police and city officials denied the allegations. Police officials have said performance standards are not a quota system.

"These attorneys are representing their clients who resigned voluntarily in lieu of termination," Wilson said in a statement.

"The El Paso Police Department does not have a quota system and the issue at hand has nothing to do with quotas -- it has to do with falsifying time records. The lawsuit is without merit and our legal team is preparing a response."

Daniel Borunda may be reached at dborunda@elpasotimes.com; 546-6102.

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Here We Go Again…. “Yes, We Have No Quotas”

by Lawrence Taylor attorney at law

I’ve mentioned in the past that police agencies across the country use DUI arrest quotas — and almost uniformly deny the practice. See, for example, DUI Quotas, "Yes, We Have No DUI Quotas" and "Inside Edition" Documents DUI Quotas Across U.S..

The latest example of this supposedly non-existent practice:

Drunk-Driving Quota Case May Lead to Similar Efforts Elsewhere

Baltimore, MD. Jan. 6 – Even as prosecutors weigh an appeal of a Howard County judge’s decision to throw out drunken-driving charges and rule that they were tied to illegal citation quotas, defense lawyers are considering whether the same defense might apply to past or current cases.

District Court Judge Sue-Ellen Hantman’s ruling in a case against an Ellicott City woman has raised questions on both sides — as well as eyebrows around the legal community…

Hantman said the charges against Katie Majorie Quackenbush, 22, were linked to an illegal quota — a ruling based on a memorandum that police have said was intended to describe the requirements of a federal grant that paid overtime for officers to target drunken and aggressive drivers through "saturation patrols."

"I find any evidence in this case to be inadmissible," she said, according to a recording of her Thursday ruling, and that ended the prosecution. Nevertheless, the judge indicated that "I don’t think saturation patrols are in and of themselves illegal, merely the quotas."…

The police chief said a memo to officers that called for two to four citations per hour contained, “in retrospect, not the best wording,” and conceded that he “could see how it could be misinterpreted.” He said the department does not use quotas and had revised the memo.

The memo also told the officers on the drunken-driving and aggressive-driving saturation patrols that they usually produce “at or above these amounts.”

The federal funds come from the National Traffic Safety Administration to the state, according to Buel Young, a spokesman for the state Motor Vehicle Administration. Jurisdictions can apply for them.

So the police chief insists that "the department does not use quotas"…and that the memo was just "perhaps not the best wording"? Hmmmm…..it’s hard to see how "it could be misinterpreted": the departmental order that cops have to produce "two to four citations per hour" sounds pretty clear to me.

Interesting that the federal grant appears to have required police agencies to use quotas….

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Police Officer Jack McLamb and US Supreme Court say you have a Constitutional Right to Travel without a Driver License Contract