Thank's to the Tennessee Attorney General biker who reads this blog...here's your sign (that 99% of your job is based on a lie). Would you rather pay a $250 speeding ticket on the Dragon, or download the govt documents on this webpage and pay a lawyer $100 to get the ticket dismissed without trial, or DIY for free?
TN Code 55-8-152 - Speed limits - penalties.
(a) Except as provided in subsection (c), it is unlawful for any person to operate or drive a motor vehicle upon any highway or public road of this state in excess of sixty-five miles per hour (65 mph).
TN Code 55-8-153 Establishment of Speed Zones.
(a) The department of transportation is empowered to lower the speed limits prescribed in § 55-8-152 in business, urban or residential districts, or at any congested area, dangerous intersection or whenever and wherever the department shall determine, upon the basis of an engineering and traffic investigation, that the public safety requires a lower speed limit.
"The defendant asserted that the posted speed limit on State Route 62 had not been established in compliance with applicable law. The speeding citation in this case specifically charges that the defendant committed the offense of speeding at 67 mph in 45 mph zone. If the posted speed sign was placed without statutory authority, the failure of a motorist to heed its restrictions could be negligence but he should not be penalized with the consequences of the rule of negligence per se of violating a statute, since a statutorily established speed limit prevails over speed signs erected without statutory authority. The Virginia court stated as follows: A city traffic engineer's proffered testimony tended to prove, although not conclusively establish, that no traffic or engineering study had been performed as required by Code 46.2-1300 in order to establish a thirty-mile-per-hour speed limit. The judgment of the trial court is hereby vacated, and this case is remanded to the court below for further proceedings in accordance with this opinion. Costs on appeal are taxed to the City of Oak Ridge."
-COURT OF APPEALS OF TENNESSEE AT KNOXVILLE, CITY OF OAK RIDGE v. DIANA RUTH BROWN, No. E2008-02219-COA-R3-CV, MAY 8, 2009
QUESTION: "Is an engineering study required for posting speed limits?"
ANSWER: "It depends. Maximum statewide speed limits are established by state legislatures according to road class (e.g., Interstate highways) and geographic area (e.g., rural vs. urban areas). The legislated maximum speed limit generally applies to all roads of a particular class throughout the State. This is referred to as a statutory maximum speed limit, which applies "unless otherwise posted" and above which a speed limit cannot be legally posted. For example, the statutory maximum speed limit for rural freeways in a given State might be 65 MPH. No engineering study would be needed to post a 65 MPH speed limit on a rural Interstate highway in that State, and even if an engineering study indicated that 75 MPH might be a more appropriate speed for the conditions, the statutory maximum would prohibit the State from posting any limit higher than 65 MPH. Similarly, statutory maximum limits are often legislated for urban streets within city limits, such as 30 MPH. However, State and local governments typically have the authority to change the limits by establishing speed zones, with posted speed limits lower than the statutory maximum, for highway or street sections where statutory limits do not fit specific road or traffic conditions. An engineering study is required for setting the limit for altered speed zones. The engineering study takes into consideration such factors as operating speeds of free-flowing traffic, crash experience, roadside development, roadway geometry, parking, and pedestrian traffic."
-Federal Highway Administration, U.S. Dept of Transportation, Frequently Asked Questions - Part 2 - Signs, Manual on Uniform Traffic Control Devices 2011
Section 2B.13 Speed Limit Sign (R2-1)
Standard: After an engineering study has been made inaccordance with established traffic engineering practices, the Speed Limit (R2-1) sign (see Figure 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h or 5 mph.
Guidance: At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review."
-Federal Highway Administration, U.S. Dept of Transportation, Chapter 2B. Regulatory Signs, Manual on Uniform Traffic Control Devices 2011
"The designer responsible for a signing and/or pavement marking project should be aware that the design must comply with various standards. In addition to Department Standard Specifications, the following standards should be consulted: Manual on Uniform Traffic Control Devices – The MUTCD is therefore the basic guide for signing and marking. The requirements of the MUTCD must be met, as a minimum, on all roads in Tennessee. All regulatory and warning signs shall meet the design and installation requirements of the MUTCD. The MUTCD is an ever changing standard. It is constantly being updated and revised. It is important to keep up-to-date with the latest requirements and compliance dates of the MUTCD."
-Tennessee Dept of Transporation (TDOT), CHAPTER 6 - SIGNING AND PAVEMENT MARKINGS, TDOT Traffic Design Manual (December 2003) (PDF, 4.47MB)
Tennessee MUTCD State Information as of Nov 2011
Status of the National MUTCD (2003 Edition)
State MUTCD Not Applicable
State Supplement Not Applicable
-Federal Highway Administration, U.S. Dept of Transportation, Manual on Uniform Traffic Control Devices 2011
Adoption Status of 2009 National MUTCD by States
Tennessee - NO, January 2012 Adoption of the national MUTCD along with a State supplement(s)
-Federal Highway Administration, U.S. Dept of Transportation, Manual on Uniform Traffic Control Devices 2011
"Dear Mr. Lee: Please find enclosed the Road Safety Audit Review of U. S. 129 from North Carolina State Line to Tabcat Bridge in Blount County, dated July 25, 2007. We have no record of a Traffic Engineering Survey and/or Speed Audit for this location."
-Marion E. Hilt, Staff Attorney, TDOT, Tennessee Open Records Act Request, February 23, 2011
"The case is dismissed nolle prosequi, with prejudice. Without a Traffic Engineering Speed Audit, the default speed limit is 65 MPH."
-Mr. X, Blount County Public Defenders Office, attorney for The Dragonater, outside of Blount County General Sessions Court after the Preliminary Examination on probable cause, 7 February 2011
All references to "Mr. X" -- the name of the "public defender" lawyer -- have been deleted from this blog post, per written request of said public defender, under threat from the Tennessee Attorney General, dated 5 April 2011, received 14 May 2011. After all, it would be bad for business for people to hear that a public defender actually won a case (a fireable offense), that all cops in Blount County are nothing more than armed robbers perping dozens of felony carjackings every day, and for the sheeple to learn how to actually win in traffic court, especially on The Dragon. And there is no better to way to win than dismissal with prejudice before any hearing or trial, without a single word of testimony spoken in court. Defense lawyers, prosecutors and judges are "officers of the Court". The prosecutor dismissed this case nolle prosequi before trial, in sidebar "off the record" with no transcript allowed, without a court order of dismissal, and it is now expunged. So this case is not a published opinion by a judge that can be cited in future cases. Which is exactly why it was dismissed without trial. But that does not change the fact that this same defense is used to win 1,000s of trials in traffic courts all over USA, and YOU can use it too.
UPDATE: "And finally, you may notice some big purple devices mounted up in the trees about every couple of miles as you head toward and through the Dragon. They are temporary speed cameras that are being used in a study to determine the best locations for permanent units. Stay tuned as we will pass along any further information we receive..."
-Killboy.com, And A Couple More Things, 1 April 2011
by John Lee, a/k/a The Dragonater
DEALS GAP, TENN. -- The old Triumph Daytona 600 never felt right, even when new -- suspension too harsh no matter what the shock settings, easier to turn left than right, chain noise. I set the static sag, bump and rebound based on SportRider Mag's setup, adjusted the triple trees for the front ride height change from Pirelli Diablo triangular profile tyres to Dunlop's round profile, no rear ride hight adjuster so used rear preload to change ride height and modify turn in. When I checked the wheel alignment, the rear wheel was offset 1/2 inch from centerline, with no way to adjust, a common problem with many bikes.
So for safety's sake, I finally invested an afternoon getting a chassis setup at Wheelers Performance in Robbinsville NC.
Suspension sag check...no change.
Springs: OK to rider weight, no change.
Preload: OK, no change.
Bump/rebound: 1 click increase to front bump.
Rear wheel alignment...big change. Start: front and rear tires aligned with each other, but not aligned with chassis centerline. Finish: tires no longer aligned to each other, but now parallel to chassis centerline (factory setting).
Cornering the hairpins at the Gap is a problem for me, partly because I'm a wimp, and partly due to sudden throttle on acceleration from idle and suicidal throttle response below 6500 RPM (safety defect mandated by EPA's Green Nazis). Wheeler's price for dyno tune and engine remap is about $500, which requires purchase of a $200 ECU key from the factory for Tuneboy, or free key from TuneECU freeware. Ken recommended trying the factory dealer first, requiring payment of 1/2 hour shop time before even checking to see if a factory generic remap existed ($45, no remap existed, ECU FAIL closed loop status, no dyno for non-factory remap available). I already replaced and upgraded the entire charging system to Japanese, after the factory failed at 2,000 miles, so not much faith in the stealers.
So I began my ride home to Ktown on a "new" bike. Only a minor change in front bump setting, so maybe it would turn in a little better on the brakes? Nothing radical. But setting the rear alignment back to factory baseline meant the problem with right-turns would feel worse. So the point of the ride was to just get a feel for the "radical" changes without crashing, not set a "lap record" (impossible for me anyway), and to motivate myself to invest up to $500 in an engine remap, which would make the Dragon much more enjoyable, and all roads safer.
At Mile Marker 0.5 Northbound, I rounded a curve and was confronted by a THP state trooper standing in the middle of the road, flailing his arms wildly, pointing at me to stop. Odd, since my radar detector never barked. Guess I shoulda read the Speed Trap Map.
Video of the traffic stop, covert video by the Dragonater:
There went my $500 for Wheeler to improve the safety of my bike. Either I pay the $250 speeding ticket for alleged 60 in a 30 zone, or I invest $$$ in fighting the ticket.
In a previous conversation I had with the supervisor of the National Park Service at Sugarlands HQ in Gatlinburg, the official map of the Great Smokey Mountain National Park showed that Federal jurisdiction on the Dragon is measured on the centerline of US129. So I knew a THP trooper has zero state jurisdiction to run a speed trap at Mile Marker 0.5, and that a state court in Blount County had zero jurisdiction to handle a traffic ticket trial. I also knew there was a 99.9% probability there was no Traffic Engineering Survey performed by TDOT, as required by law to set a speed limit of 30 MPH on the Dragon. GAME ON.
The Battle Of Deals Gap: Photo of Southbound lane at Tabcat Bridge Mile Marker 11 on the Dragon
Once Upon A Time On The Dragon...there were no deaths with a 55 speed limit. Then the limit was illegally dropped to 40 and the killing began. The posted limit was changed again to 30 MPH in 2002, under pencil-whipped orders from Nashville, and the death rate increased again. When US129 was closed completely in 2010, the death rate doubled again, despite a 90% drop in traffic. That's why it's DANGEROUS and ILLEGAL to reduce a speed limit without a Traffic Engineering Speed Audit by TN Dept of Transportation, as REQUIRED by TN Code. This MANDATORY Speed Audit was NEVER done, as confessed in writing by TDOT.
This means that THERE IS NO VALID SPEED LIMIT POSTED ON THE DRAGON...SO THE REAL-WORLD SPEED LIMIT REVERTS TO THE DEFAULT SPEED LIMIT IN TN CODE...65 MPH. Don't believe me, read THE LAW for yourself, then THINK for yourself. THP even admits it has no jurisdiction on major portions of the Dragon, including THP's favorite speed traps, due to Foothills Land Conservancy giving 5,000 acres to the federal Park Service. Take ACTION if and when you comprehend the magnitude of the DEADLY FRAUD perpetrated upon you by Big Brother...which is FELONY OFFICIAL OPPRESSION under TN Code.
The Dragonater was appointed a "public defender" for defending this alleged speeding complaint. The Preliminary Exam hearing was held in Blount County General Sessions Court. By the start of docket on the day of the hearing, the public defender, "Mr. X", had not returned phones calls nor responded to registered letters. When The Dragonater attempted to actually SPEAK to his public defender for the first time, in the court room before the hearing, Judge Brewer SCREAMED that he would have The Dragonater ARRESTED for attempting such a crime. The judge's job is to convict all defendants, and that's impossible to do if defendants were allowed to actually speak to their lawyers. So The Dragonater was not allowed to speak to "his" lawyer, nor was he allowed to leave the courtroom to gather additional evidence from his vehicle.
Video of Sgt Huckeby speeding on the Dragon, caught on tape by The Dragonater:
Within a few minutes of The Dragonater handing his lawyer this evidence, the Blount County assistant attorney general moved the court for Nolle Prosequi, dismissing all charges WITH PREJUDICE, with COURT COSTS PAID BY THE STATE.
Video interview of John Lee at Preliminary Examination hearing in Blount County general sessions court:
The Dragonater won again in Blount County traffic court! The Blount County attorney general (an "officer of THE COURT") refused to prosecute a 60 MPH speeding ticket on the Dragon. According to Blount County Public Defender "Mr. X" (an "officer of THE COURT"), based on the lack of mandatory Traffic Engineering Survey Speed Audit by TDOT, the speed limit on the Dragon at Deals Gap now officially defaults to 65 MPH, as required by TN Code. Even a TN state trooper admitted on video that the Highway Patrol, Blount County deputy sheriffs and Blount County courts have no jurisdiction on portions (or all) of the Dragon, that it's now Federal jurisdiction. Judge Brewer (an "officer of THE COURT") promptly ordered this case dismissed "off the record" -- so fast it's not even on the court reporter's transcript ("bench conference" without defendant present at the "bar").
Proving the speed limit is 65 on the Dragon, by John Lee host of the Pirate News Radio Show on Pirate News TV:
Listen to the Pirate News Radio Show at 5pm Tuesday on WBCR 1470am for the latest news on this courtroom victory by The Dragonater. Worldwide live radio stream. The radio show is rebroadcast worldwide on Pirate News TV, and in Knox County and parts of Blount County on Charter Channel 6, Knology Channel 6, Comcast Channel 12 and ATT Uverse Channel 99.
De Facto Speed Limit on the Dragon
de facto.
This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. Thus, an office, position, or status existing under a claim or color of right, such as a de facto corporation. In this sense it is the contrary of de jure, which means rightful, legitimate, just, or constitutional. Thus, an officer, king, or government de facto is one that is in actual possession of the office or supreme power, but by usurpation, or without lawful title; while an officer, king, or governor de jure is one who has just claim and rightful title to the office or power, but has never had plenary possession of it, or is not in actual possession. A wife de facto is one whose marriage is Voidable by decree, as distinguished from a wife de jure, or lawful wife. But the term is also frequently used independently of any distinction from de jure; thus a blockade de facto is a blockade that is actually maintained, as distinguished from a mere paper blockade.
-West's Encyclopedia of American Law, edition 2
DE FACTO.
i. e. in deed. A term used to denote a thing actually done; a president of the United States de facto is one in the exercise of the executive power, and is distinguished from one, who being legally entitled to such power is ejected from it; the latter would be a president de jure. An officer de facto is frequently considered as an officer de jure, and his official acts are of equal validity. 10 S. & R. 250; 4 Binn. R. 371; 11 S. & R. 411, 414; Coxe, 318; 9 Mass. 231; 10 Mass. 290; 15 Mass. 180; 5 Pick. 487.
-Bouvier Law Dictionary, 1856
Color of Law.
The appearance of a legal right. The act of a state officer, regardless of whether or not the act is within the limits of his or her authority, is considered an act under color of law if the officer purports to be conducting himself or herself in the course of official duties. Under the civil rights act of 1871 (42 U.S.C.A. Section 1983), color of law is synonymous with State Action, which is conduct by an officer that bears a sufficiently close nexus to a state so that the action is treated as though it is by the state.
-West's Encyclopedia of American Law, edition 2
Will Big Brother install new signs for a 65 MPH speed limit on the Dragon, which would lower the death rate by 400% according to TDOT? Of course not...there's too much profit to be made robbing the sheeple. Cops on the Dragon have grown accustomed to their $100,000 annual paychecks, and judges have grown accustomed to their $150,000 paychecks.
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
Not all cops want a Police State at Deals Gap. Pete Leary, the original owner of the Crossroads of Time Motorcycle Resort, was a retired cop who literally fought hard for biker rights against the corrupt sheriffs of North Carolina. Pistol Pete -- survivor of a gunfight at the CROT Corral -- won $70,000 from the Graham County NC sheriff for breaking Pete's arm during Pete's false arrest at CROT for standing up for tourists at the BMW Biker Gang Rally at Fontana Resort. Bootlegger sheriff Melvin Howell later was arrested for rape and blew his own head off -- or was "suicided". The current owner of CROT is Brad Talbott of Blount County TN, who may be related to the Talbott deputies in BCSO.
Several biker cops warned bikers about the current Police State on the Dragon, and were punished by their commanders (see below). Suicidal sheriff Howell's chief deputy, Jerry Crisp, is apparently related to the BC "county executive" (mayor) William Crisp, named on the TDOT letter that illegally lowered the speed limit on the Dragon to 30 MPH in 2002. It was Graham County NC deputy Jerry Crisp who arrested ex-cop Pete Leary, owner of CROT, breaking his arm, who was fired for his false-arrest tendencies outside his jurisdiction (CROT is located in Swain County), but reemployed by Tennessee Valley Authority (TVA) police. TVA was also part of the renegade anti-motorcycle "Task Force" at the BMW Rally at Fontana.
Here's how The Dragonater beat THP's #1 Top Speedgun trooper, and how you can win too, if you follow these steps in your trial for "speeding" on the Dragon:
Video of Traffic Stop for alleged 60 MPH in a 30 zone - Rule #1: Never talk to a cop without your own audio recorder lie detector -- videocam is 100 times better
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). 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
List of Court Documents in State of Tennessee vs John Lee, Docket Case Number T0061165, T844442, filed in Blount County General Sessions Court:
Order of Expungment signed by Judge Brewer
All motions, memorandums of law and subpoenas were drafted by The Dragonater, with subpoena service by private process server. All TN Open Records Act Requests at THP and TDOT were drafted and inspected by The Dragonater.
Since the case was dismissed before any hearing took place, there are no memorandums of law regarding the theory of the case, no exhibits entered into evidence, no transcript of courtroom testimony, and no court orders regarding the law and facts of the case. There will probably be an expungement of the existing court record. Since there was no appeal of a jury verdict, there is no legal precedent to cite in future cases. But this same legal defense can be used in any future case to win dismissal of traffic tickets on the Dragon. It's impossible for TDOT to conduct a Traffic Engineering Survey Speed Audit until speed limit signs are changed to 65 MPH, and all cops are eliminated from the Dragon.
Trial Notebook:
1. TN Code is posted on this webpage (used by attorney "Mr X" to negotiate dismissal for failure to prosecute by omission of Essential Elements).
2. Case citations: CITY OF OAK RIDGE v. DIANA RUTH BROWN, COURT OF APPEALS OF TENNESSEE AT KNOXVILLE, No. E2008-02219-COA-R3-CV, MAY 8, 2009. Requires Traffic Engineering Survey Speed Audit before lowing speed limits in Tennessee.
3. Video of traffic stop - Sgt Huckeby admitting Federal jurisdiction and felony Official Oppression, perjury by trooper about running Stalker radar, destroys his credibility as a witness)
4. Video of Sgt Huckeby speeding on the Dragon - Constitutional Equal Protection defense, proof of perjury by Huckeby in his annual review in his THP personnel file, destroys his credibility as a witness.
5. TDOT Safety Audit Review on the Dragon (starring The Dragonater, admitting an unconstitutional Police State that quadrupled the death rate on the Dragon)
6. TDOT letter from attorney Marion Hilt admitting a Speed Audit was never done on the Dragon before lowing speed limit to 30 mph, 40 mph nor 55 mph, so the default speed limit is 65 mph.
7. TDOT letter from Nashville illegally ordering speed limit reduced to 30 mph on the Dragon in 2002.
8. TDOT work order for signs reducing speed limit to 30 mph in 2002.
9. Sgt Huckeby's personnel file from THP HQ in Nashville, proving he can't guess speed within 4 MPH under ideal conditions, is a convicted deadbeat dad with three wives under financial pressure to sue more traffic tickets
10. THP website bragging that THP increased tickets 11,400% for motorcyclists in Blount County, while reducing tickets 30% for all other drivers
11. Stalker radar operator's manual used by THP, admitting that radar cannot measure the speed of traffic within 18 MPH.
12. List of questions at Preliminary Examination - These exhibits from THP and TDOT were to be authenticated during testimony of subpoenaed witnesses. Strategy at Prelim Exam is the opposite of strategy at jury trial. Defense tactic at Prelim Exam is to set prosecution witnesses up for perjury at jury trial; get discovery of evidence which is only allowed when Motions to Suppress are filed; get discovery of public records by subpoena decus tecum; discover theory of prosecution's case; psych out prosecution.
This exhibit list was used by attorney "Mr. X" to negotiate dismissal for failure to prosecute by omission of Essential Elements and Constitutional Equal Protection defense. These exhibits are not part of the court record in this speeding ticket case, since the Blount County attorney general dismissed the case before any court hearings.
Burden of proof at Preliminary Examination is 50.01% -- a mere coin toss -- to see if the facts meet the test for probable cause (a mere allegation sworn by oath under penalty of perjury). But Essential Elements of law must always be 100%.
General sessions court has Sucker Court via "trial by magistrate" that requires waiver of jury trial, or Real Court via Preliminary Examination. Judge Brewer illegally censored the words "jury trial" and "preliminary examination" from all defendants during the Initial Appearance arraignment. The Dragonater was the only defendant to demand prelim exam, execpt perhaps a DUI defendant represented by an attorney who was also the only other defendant to hire a private court reporter.
The Law of the Case means that if a defendant does not specifically name a law, rule, constitution or case citation, they don't exist in that one case. Judge Judy is for suckers...that's why the pathological liars in the media mafiya pay her $30-million every year. A judge is not your friend. A prosecutor is not your friend. A cop is not your friend. They are your sworn enemy.
Bibliography of strategy and tactics used for winning this case:
Bible for criminal defense is Tennessee Criminal Trial Practice, by Thomson West.
Beat Your Ticket Go To Court And Win, by the lawyers at Nolo Press. Best pro se introduction to winning in any type of court.
How to Beat a Speeding Ticket, free ebook by biker lawyer Norman Fernandez, covers topics censored by Nolo, such as how to win any photo radar ticket case by ignoring the ticket and refusing to appear in court, for lack of personal service of process.
City of Cookeville v. Onks, 1993 WL 398472, Tenn.App., 1993, by ignoring 200 parking tickets and refusing to appear in court, for lack of personal service of process. Also covers Constitutional Equal Protection arguement at TN Supreme Court, proving that when govt employees get a right or immunity (free parking), then everyone gets that same right or immunity.
Free video How Any Idiot Can Beat a RADAR Speeding Ticket, by Pastor Rick Strawcutter ND, certified paralegal, winner of several appeals citing The People vs Ferency re Essential Elements of radar cases, as seen on MSNBC's 50-Caliber Militia.
National Motorists Association's Guerilla Ticket Fighter CD and Ticket Defense Kit. NMA are the nice folks who got the insane 55 MPH national speed limit reversed, and who will pay your speeding ticket if you lose in court.
Speeding is a Class C Misdemeanor in TN Code, punished by up to 30 days in jail, so defendants have a right to an attorney, and use Tennessee Rules of Criminal Procedure (TRCrimP). Municipal ordinance tickets in city court are civil cases using Tennessee Rules of Civil Procedure, (TRCP) without a right to an attorney. Service of subpoenas and collection of judgments use TRCP in criminal cases. TN Rules of Evidence apply in all courts.
TN Open Records Act Requests by The Dragonater got the Top Secret TDOT report banning business on the Dragon, THP trooper personnel files with $100,000 salary records, and THP's Stalker radar operator manual admitting radar does not work.
"The Tennessee Highway Patrol (THP) has decided to take action in eliminating commercial activity along state right-of-way in the project area. This enforcement is intended to disallow persons from taking photographs of vehicles and motorcyclists with the intent of selling the photographs at a later date. The THP contends this activity is a hazard o public safety. It is recommended that signs be placed at the entrance of each end of the route advising this policy."
-Tennessee Department of Transportation, ROAD SAFETY AUDIT REVIEW, STATE ROUTE 115 (U.S. 129), BLOUNT COUNTY, 25 July 2007 (starring The Dragonater -- but TDOT and foreign contractors can have as many traffic scameras as they want to fleece the sheeple)
"Lastly, I want to give everyone a friendly warning. Theres a new Trooper thats been working the Dragon lately, and word around the mountain is that he used to be the #1 ticket writer in Knoxville. Well, it looks like hes trying to get his record back and I have heard of a few that have received tickets for 7-8 over the limit. Fair enough, since the speed limit is only 30 now. I do remember a day, not too long ago, when the limit was 55, then it was turned down to 40 and now in the last few years its become 30. This road can be safely navigated by most at a higher speed, and 40 would be a reasonable speed for all involved, but for whatever reason the powers that be have decided 30 was the best number, although it had been 55 for almost 50 years. Speeders will always speed, but controlled riders will always ride within their abilities and limits. 'nuff said."
-DealsGap.com, 20 June 2009
Huckeby, Randall D
Department: TN DEPT OF SAFETY AT DEALS GAP
Class Title: THP SERGEANT ON THE DRAGON
Current hourly rate: $28.89
FY 2007-08 salary: $60,084.00
Overtime dollars: $10,181.87
Total = $70,265.87
(not counting private part-time employment for "security", nor double-dipping military deployment as MSGT while on police salary, nor benefits)
1,500 tickets per year, #1 Ticket Writer in Tennessee?
11,400% increase in THP tickets on the DragonList of the $100,000 salaries of Blount County Sheriff Office, not counting benefits and overtime, requiring a 21% tax increase in 2011
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
"10% of cops are honest, 10% are dishonest, and 80% wish they were honest."
-Detective Frank Serpico NYPD, Knapp Commission
"The US Supreme Court said in Miranda that there's 40,000 police jurisdictions in America. We expect one civil rights crime in every one of those agencies every day. 40,000 times 365 days a year is 14,600,000 crimes committed by police every year. Hell, there's only 14,200,000 crimes committed by the criminals. The police commit more crimes against the People than the criminals commit!"
-George Gordon Radio Show, The Policeman Is Not Your Friend, He Is Your Adversary, 2007
“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?”
-Blount County sheriff James Berrong, United Stated Court of Appeals, Sixth Circuit, Nuchols v. Berrong, No. 04-5645, July 11, 2005
The Battle of Athens TN and Blount County
"Posting a lower speed limit does not decrease motorists speeds. Motorists drive at what is comfortable to them on that road. Lowering speed limits can cause an increase in crashes, and an increased speed limit can cause a decrease in crashes."
-Michigan State Police
by Lisa M. Hoffmann
Iron Mountain Daily News
September 28, 2010
QUINNESEC, MICH. - State Police provided area residents a lot of information on how speed studies are conducted during an "Establishing Safe and Realistic Speed Limits" presentation at the Breitung Township Hall on Monday.
Sgt. John Bruno of the Traffic Services Section of the Michigan State Police travels the Upper Peninsula with the Michigan Department of Transportation (MDOT) and local road commissions to establish safe and realistic speed limits.
Monday's meeting was set to explain how roadway speeds are established. Approximately 15 area residents attended the meeting.
He said the goal is to reduce the number of fatal and serious injury crashes, and thus, make roads safer.
The three types of speed zones are:
(1) statutory, which is set by the legislature.
(2) absolute, which is 55 mph if not posted.
(3) prima facia, which covers areas such as parks and school zones from 25, 35 and 45 mph.
"If there are less than 30 access points (driveways, roadways), we can't put up prima facia," Bruno said. "We have to do a study."
Although cities can set their own speed limits, townships cannot.
"Posting a lower speed limit does not decrease motorists speeds. Motorists drive at what is comfortable to them on that road," Bruno said.
"Lowering speed limits can cause an increase in crashes, and an increased speed limit can cause a decrease in crashes," he said.
Bruno said in a study conducted in 22 states, there was no benefit to establish a speed limit below the 85th percentile of what motorists travel.
"A black and white sign is not the solution to slow people down," he said. "If speed limits are posted properly, you need to pay attention because vehicles could be at that speed."
Bruno addressed the history of U.S. 2 in Quinnesec.
He said in 1942, the speed limit on the two-lane highway was 35 mph, and it was widened to five lanes in 1961.
A traffic control order was established at 45 mph in 1962 and rescinded to 55 mph in 1970. Speed studies were conducted in 1979 and 1986 with a Traffic Safety and Engineer Study conducted in 1988 with no basis to lower the speed. Another speed study was conducted in 1996, and a stop signal was installed at U.S. 2 and Lake Antoine Road in 2001.
"No further studies have been done since 2001," Bruno said. "There are 21 access points with seven of them abandoned or with little to no use. The other six are abandoned commercial drives."
Bruno added there are 14 active access points in a half mile section of U.S. 2 in Quinnesec.
The crash history indicates there were 21 crashes in eight years with one of those being a fatal.
Bruno said 11,000 vehicles travel this roadway on any given day.
"In eight years time, that is 32 million vehicles and 1.3 crashes per 1 million vehicle miles traveled," Bruno said. "Any crash that occurs is one too many."
Bruno added this five-lane highway is a road that is used for motorists going from Point A to Point B.
"If they see a black and white (speed limit) sign, that is not going to slow them down," he said.
Residents of Lake Antoine Road in attendance at the meeting addressed the issue of log trucks going faster than 45 mph in front of their homes.
A resident asked if there could be a different speed limit set for certain types of vehicles, such as a log trucks.
"At 35 to 45 mph, my house is shaking like crazy," one resident said.
"It is the vibration of speed, not a jake brake issue," another said.
Bruno explained he has not seen two different speeds on the same road in the same area.
"With two different speeds, there is more of a chance of crashes," he said.
It was noted that any road not posted with a speed limit sign is 55 mph, but that does mean a police officer traveling by will not issue that driver a citation for traveling too fast for road conditions.
MSP Establishing Realistic Speed Limits Booklet
People v Ferency, 133 Mich App 526; 351 NW2d 225 (1984) - Essential elements for conviction for speeding by use of police radar:
1. The officer operating the device has adequate training and experience in its operation.
2. The radar device was in proper working condition and properly installed in the patrol vehicle at the time of the issuance of the citation.
3. The radar device was used in an area where road conditions are such that there is a minimum possibility of distortion (spurious readings).
4. The input speed of the patrol vehicle was verified. This also means that the speedometer of the patrol vehicle was independently calibrated.
5. The speedmeter (radar) is retested at the end of the shift in the same manner that it was tested prior to the shift and that the speedmeter (radar) be serviced by the manufacturer or other professional as recommended.
6. The radar operator is able to establish that the target vehicle was within the operational area of the beam at the time the reading was displayed.
7. The particular unit has been certified for use by an agency with some demonstrable expertise in the area.
Michigan is home for Pastor Rick Strawcutter, certified paralegal, host of How Any Idiot Can Beat a RADAR Speeding Ticket:
As of today, September 30th, has TN done the engineering and traffic investigation?
After years of riding the area as a visitor, I recently moved to TN and within 30 minutes from Deals Gap. For the first time since 2007, I was ticketed for speeding. Do I have a leg to stand on or is the speed limit still defaulted to 65?
Responses can be sent to me directly at islndgal@cxp.com
ECU Remaps have been vehicle tuners all our lives, ask us a complex mechanical question and ECU Remaps will be able to answer it. Ask us to strip an engine bare and rebuild it in half a day after blowing it up on a rally stage and ECU Remaps will do it. ECU Remaps have over 50+ years combined motorsport experience.All of ECU Remaps remapping are based on tunes ECU Remaps have produced on a 3000bhp, 4x4, state of the art Mustang, motorsport dyno ECU Remaps have shared access to.
Have they done the engineering and traffic investigation as of yet? I was there on Aug 6th. 2017 and received a ticket which states I was doing 53MPH in a "30MPH" zone. Should I fight this ticket or not I'm also from Canada so not entirely sure how it all works.
Idk u must ask tdot legal dept at straberry plains. Probably not, its NEVER done anywhere, if so speed limits must be massively raised like in knoxville today, 55 raised to 70, millions of bogus speeding tickets invalid for 40 years
Speed limits increase on I-40, I-75, I-640 in Knoxville overnight
There are now 65 mph speed limit signs on I-40 and I-640 in the Knoxville area.
Lauren Hoar, WBIR Staff
October 21, 2019
KNOXVILLE, Tenn. — You may have noticed some new signs along the interstate on your way to work Monday morning.
You aren't crazy. The speed literally went up overnight from 55 mph to 65 mph on most of I-40 in West Knoxville. The rest of I-40 and 640 through Knox County will have the posted speed limit changed Monday night to 60, 65, and 70 mph.
Speed limit changes on I-40 and I-640 in Knox and Sevier Counties.
The change in speed on the ground is made possible by improvements to the quality of the air.
The more you put your foot on the gas, the more emissions your car pumps into the air. That's why Knoxville's speed was kept at 55 mph for many years.
TVA's installation of scrubbers to reduce air pollution at coal-powered plants have drastically increased air quality in East Tennessee.
TDOT Spokesperson Mark Nagi issued the following statement Monday:
"TDOT has full authority to establish regulatory speeds on controlled access facility. Speed limits should be safe and reasonable, meet drivers' expectations, consider operational speeds, critical speed (15 mph over limit), reflect design speed, and consider crash data. Back in 2004 TDOT established a policy of reducing speed limits to improve air quality. At the request of local governments in Knoxville area counties, we agreed to reduce speed limits and interstate speed limits in the Knoxville area were changed from 70 to 65/55 split due to the air qualify nonattainment status for ozone."
Mark Nagi@MarkNagiTDOT
You’ll notice some speed limit changes occurring on I-40 and on I-640 in the Knoxville area. Signage started to be installed last night with more of this work taking place this evening on I-40 between the I-640 splits, as well as I-640 itself.
Nagi said since 2004, the Knoxville area has regained full compliance with all current National Ambient Air Quality Standards as regulated by the Clean Air Act. As a result, Nagi said TDOT initiated a review of posted speed limits on the Knoxville area interstates with support from the Knoxville Regional Transportation Planning Organization.
"We found that 87%-98% of motorists were already going over the 55 mph speed limit. According to the Manual on Uniform Traffic Control Devices (MUTCD), the posted speed limit should be generally within 5 mph of the 85th percentile speed, which we found to be between 67-75 mph in the Knoxville area, regardless of the posted speed limit. In some spots over 25% of all traffic was traveling above that critical speed (15 mph over limit)."
According to crash data, Nagi said with the exception of a part of I-40 in downtown Knoxville, crash rates are below the statewide average in the study area.
According to crash data, Nagi said with the exception of a part of I-40 in downtown Knoxville, crash rates are below the statewide average in the study area.
You aren't crazy. Weve just been gaslighting you dumb lazy ignorant suckers for 50 years, says WBIR TV, TDOT and THP. Just like gasoline prices used to be 10 cents a gallon, and still are around the world, and could be in USA today.
Good post related to signs. Speed limit signs are very important near school and hospital. And speed limit is also used in high accident zones. We are dealers of safety signs and was very good to read this post. Keep writing more on other signs also.
I like the helpful information you provide in your articles. I will bookmark your blog and check again here regularly. I am quite certain I will learn a lot of new stuff right here! Best of luck for the next!
UNIFORM CITATION COMPLAINT - Signed "Under Protest TCA 47-1-308" DEFENSE MOTION #1 MOTION TO SUPPRESS STATEMENT DEFENSE MOTION #2 MOTION TO SUPPRESS RADAR TEST DEFENSE MOTION #3 MOTION TO DISMISS FOR LACK OF CORROBORATION OF CONFESSION DEFENSE MOTION #4 MOTION AND BRIEF FOR ORDER DIRECTING THAT THE STATE REVIEW FILES FOR BRADY MATERIAL DEFENSE MOTION #5 MOTION FOR JENCKS MATERIAL BRIEF IN SUPPORT OF DEFENDANT’S MOTION FOR THE PRODUCTION OF JENCKS MATERIAL IN GENERAL SESSIONS COURT DEFENSE MOTION #6 MOTION FOR AUDIO RECORDINGS DEFENSE MOTION #7 MOTION FOR SUBPOENAS BY PRIVATE PROCESS SERVER AND/OR MOTION FOR BENCH WARRANT DEFENSE EX PARTE MOTION TO PROCEED IN FORMA PAUPERIS SUBPOENA DUCES TECUM - Sgt Randall Huckeby, Badge No. 181, Tennessee Highway Patrol, District 1, 7601 Kingston Pike Knoxville, TN 37919. Two weeks return of service of process by Knox County Sheriff Office via Blount County Court Clerk, failed to meet deadline for hearing on 7 February 2001. Blount County Court Clerk Tom Hatcher illegally refused to issue subpoena to pro se defendant for private process server (felony official oppression). SUBPOENA DUCES TECUM - Sgt Randall Huckeby, Badge No. 181, Tennessee Highway Patrol, District 1, 7601 Kingston Pike Knoxville, TN 37919. Two days return of service of process by private process server met deadline for hearing on 7 March 2001. Blount County Court Clerk Tom Hatcher illegally refused to issue subpoena to pro se defendant for private process server (felony official oppression). Pro se defendant took the subpoena copy for Knox County sheriff and served it by mail via private process server (family member). SUBPOENA DUCES TECUM - Nathan Vatter, Traffic Engineer Region 1, Tennessee Department of Transportation, 7345 Region Lane, Knoxville, TN 37914; 865-594-2493. Two days return of service of process by private process server met deadline for hearing on 7 March 2001. Blount County Court Clerk Tom Hatcher illegally refused to issue subpoena to pro se defendant for private process server (felony official oppression). Pro se defendant took the subpoena copy for Knox County sheriff and served it by mail via private process server (family member). TRANSCRIPT: INITIAL APPEARANCE ARRAIGNMENT, by Miller & Miller Court Reporters (bypassing the official audio recording that often "disappears" when you need it for winning an appeal) DEFENSE MOTION FOR EXPUNGEMENT - Removes all court records of arrest for alleged speeding ORDER FOR EXPUNGEMENT - Download from Tennessee Administrative Office of the Courts DEFENSE MOTION # 8 FOR BILL OF COSTS AND BILL OF COSTS - Motion for Plainitff State of Tennessee to pay Defendant $450 for subpoenas, court reporter, transcript and postage. DEFENSE MOTION TO RE TAX COSTS - Download from Tennessee Administrative Office of the Courts DEFENSE NOTICE TO RE TAX COSTS - Download from Tennessee Administrative Office of the Courts ORDER TO RE TAX COSTS - Download from Tennessee Administrative Office of the Courts
Order of Expungment signed by Judge Brewer
All motions, memorandums of law and subpoenas were drafted by The Dragonater, with subpoena service by private process server. All TN Open Records Act Requests at THP and TDOT were drafted and inspected by The Dragonater.
Since the case was dismissed before any hearing took place, there are no memorandums of law regarding the theory of the case, no exhibits entered into evidence, no transcript of courtroom testimony, and no court orders regarding the law and facts of the case. There will probably be an expungement of the existing court record. Since there was no appeal of a jury verdict, there is no legal precedent to cite in future cases. But this same legal defense can be used in any future case to win dismissal of traffic tickets on the Dragon. It's impossible for TDOT to conduct a Traffic Engineering Survey Speed Audit until speed limit signs are changed to 65 MPH, and all cops are eliminated from the Dragon.
Trial Notebook:
As of today, September 30th, has TN done the engineering and traffic investigation?
ReplyDeleteAfter years of riding the area as a visitor, I recently moved to TN and within 30 minutes from Deals Gap. For the first time since 2007, I was ticketed for speeding. Do I have a leg to stand on or is the speed limit still defaulted to 65?
Responses can be sent to me directly at islndgal@cxp.com
ECU Remaps have been vehicle tuners all our lives, ask us a complex mechanical question and ECU Remaps will be able to answer it. Ask us to strip an engine bare and rebuild it in half a day after blowing it up on a rally stage and ECU Remaps will do it. ECU Remaps have over 50+ years combined motorsport experience.All of ECU Remaps remapping are based on tunes ECU Remaps have produced on a 3000bhp, 4x4, state of the art Mustang, motorsport dyno ECU Remaps have shared access to.
ReplyDeleteNice details about the speeding tickets!
ReplyDeleteHow to beat speeding ticket
Have they done the engineering and traffic investigation as of yet? I was there on Aug 6th. 2017 and received a ticket which states I was doing 53MPH in a "30MPH" zone. Should I fight this ticket or not I'm also from Canada so not entirely sure how it all works.
ReplyDeletethank you for sharing the information with us. kindly share speed display.
ReplyDeleteSuch a nice blog with useful information. I would be thankful if you share more information about Speeding Ticket Lawyer .
ReplyDeleteSpeeding Ticket Lawyer
thank you for sharing information with us. I really like information regardingradar speed sign, speed display, speed display signs keep sharing it.
ReplyDeleteIdk u must ask tdot legal dept at straberry plains. Probably not, its NEVER done anywhere, if so speed limits must be massively raised like in knoxville today, 55 raised to 70, millions of bogus speeding tickets invalid for 40 years
ReplyDeletehttps://www.wbir.com/mobile/article/traffic/speed-limit-on-i-40-i-75-i-640-in-knoxville-now-65-mph-in-some-places/51-9ab6df16-27cd-4015-995e-264528649751
This comment has been removed by the author.
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ReplyDeletehttps://www.wbir.com/mobile/article/traffic/speed-limit-on-i-40-i-75-i-640-in-knoxville-now-65-mph-in-some-places/51-9ab6df16-27cd-4015-995e-264528649751
Speed limits increase on I-40, I-75, I-640 in Knoxville overnight
There are now 65 mph speed limit signs on I-40 and I-640 in the Knoxville area.
Lauren Hoar, WBIR Staff
October 21, 2019
KNOXVILLE, Tenn. — You may have noticed some new signs along the interstate on your way to work Monday morning.
You aren't crazy. The speed literally went up overnight from 55 mph to 65 mph on most of I-40 in West Knoxville. The rest of I-40 and 640 through Knox County will have the posted speed limit changed Monday night to 60, 65, and 70 mph.
Speed limit changes on I-40 and I-640 in Knox and Sevier Counties.
The change in speed on the ground is made possible by improvements to the quality of the air.
The more you put your foot on the gas, the more emissions your car pumps into the air. That's why Knoxville's speed was kept at 55 mph for many years.
TVA's installation of scrubbers to reduce air pollution at coal-powered plants have drastically increased air quality in East Tennessee.
TDOT Spokesperson Mark Nagi issued the following statement Monday:
"TDOT has full authority to establish regulatory speeds on controlled access facility. Speed limits should be safe and reasonable, meet drivers' expectations, consider operational speeds, critical speed (15 mph over limit), reflect design speed, and consider crash data. Back in 2004 TDOT established a policy of reducing speed limits to improve air quality. At the request of local governments in Knoxville area counties, we agreed to reduce speed limits and interstate speed limits in the Knoxville area were changed from 70 to 65/55 split due to the air qualify nonattainment status for ozone."
Mark Nagi@MarkNagiTDOT
You’ll notice some speed limit changes occurring on I-40 and on I-640 in the Knoxville area. Signage started to be installed last night with more of this work taking place this evening on I-40 between the I-640 splits, as well as I-640 itself.
Nagi said since 2004, the Knoxville area has regained full compliance with all current National Ambient Air Quality Standards as regulated by the Clean Air Act. As a result, Nagi said TDOT initiated a review of posted speed limits on the Knoxville area interstates with support from the Knoxville Regional Transportation Planning Organization.
"We found that 87%-98% of motorists were already going over the 55 mph speed limit. According to the Manual on Uniform Traffic Control Devices (MUTCD), the posted speed limit should be generally within 5 mph of the 85th percentile speed, which we found to be between 67-75 mph in the Knoxville area, regardless of the posted speed limit. In some spots over 25% of all traffic was traveling above that critical speed (15 mph over limit)."
According to crash data, Nagi said with the exception of a part of I-40 in downtown Knoxville, crash rates are below the statewide average in the study area.
https://www.wbir.com/mobile/article/traffic/speed-limit-on-i-40-i-75-i-640-in-knoxville-now-65-mph-in-some-places/51-9ab6df16-27cd-4015-995e-264528649751
The more u speed the safer u get, sats tdot:
ReplyDeleteAccording to crash data, Nagi said with the exception of a part of I-40 in downtown Knoxville, crash rates are below the statewide average in the study area.
https://www.wbir.com/mobile/article/traffic/speed-limit-on-i-40-i-75-i-640-in-knoxville-now-65-mph-in-some-places/51-9ab6df16-27cd-4015-995e-264528649751
You aren't crazy. Weve just been gaslighting you dumb lazy ignorant suckers for 50 years, says WBIR TV, TDOT and THP. Just like gasoline prices used to be 10 cents a gallon, and still are around the world, and could be in USA today.
ReplyDeletehttps://www.wbir.com/mobile/article/traffic/speed-limit-on-i-40-i-75-i-640-in-knoxville-now-65-mph-in-some-places/51-9ab6df16-27cd-4015-995e-264528649751
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ReplyDeleteGood post related to signs. Speed limit signs are very important near school and hospital. And speed limit is also used in high accident zones. We are dealers of safety signs and was very good to read this post. Keep writing more on other signs also.
ReplyDeleteI like the helpful information you provide in your articles. I will bookmark your blog and check again here regularly. I am quite certain I will learn a lot of new stuff right here! Best of luck for the next!
ReplyDelete