Los Angeles, CA Former U S Prosecutor Dr. Richard I Fine explains how citizens can disqualify a State judge who is "on the take". All 435 California Superior Court Judges in L A County can be disqualified by citizens who have been involved in litigation against the County of Los Angeles in the last two decades. If you lost your case and did not know your judge was getting money from the County, Richard Fine says you can "Null & Void" the Judge's Order and get a new trial.
GET YOUR MONEY BACK?
If you paid money to the County, you now have a chance to recover that money, according to Dr. Fine's experience, he has already disqualified five judges who have been "On the Take" in his cases involving the County of L.A. That is why he was locked up in L A County jail for 18 months without being charged or convicted of a crime. Now he can show you the way to get JUSTICE. Featured here are Dr. Fine's Motions to "Null & Void" that were used by him to disqualify the five Judges so far in his case.
DO IT YOURSELF OR HAVE YOUR ATTORNEY FILE?
Richard Fine suggests that you can file "In Pro-Per" or better yet ask your attorney to use Dr. Fine's Motions To Null & Void the Decision made by your Judge. The templates he used are shown below.
Step 1 Contact L A County Auditor-Controller: Greg Iverson GIVERSON@auditor.lacounty.gov to request amount County paid to your judge since 1987 (link to Richard Fine's example below). Use the Template with name & E-mail address where to send: (download & print here) (and here)
Step 2 Download Richard Fine's TEMPLATE Motions to Disqualify & Null & Void Judge's Orders: Motion to Disqualify, Null & Void Judge David Yaffe (Aug. 6, 2010) (Aug. 27, 2010) Motion to Disqualify, Null & Void Judge Robert O'Brien (Dec. 2010) (Jan. 27, 2011) Reply Motion to Disqualify, Null & Void Elihu Berle ( Mar 2, 2011) Motion to Disqualify, Null & Void Judge Carolyn B. Kuhl (RemoveJudgeKuhl)
Step 3 Send a copy of your Motion with Case number to Full Disclosure Network, 333 Washington Blvd. Suite #24, Marina del Rey, CA 90402 or E-mail it to feedback@fulldisclosure.net so Full Disclosure Network can follow and report on YOUR case.
NOTE: Please send Full Disclosure a copy of the L A Auditor-Controller's response to you with the amount of money your Judge received. We will post a chart with the totals to inform the public on how much the Judges are receiving in this illegal Double Benefits.
Los Angeles, CA The Superior Court "shake up" over the conflict caused by L A County's Double Benefits paid to elected State Superior Court Judges continues. Five of the 430 State Superior Court Judges who are elected to hold office in L A County either recused or were "Disqualified" from hearing a Motion filed by former U. S. Prosecutor Richard I. Fine, Ph.D. Fine served 18 months in solitary "Coercive Confinement" in L A County Jail for civil contempt of Court in the case of Marina Strand Colony II Homeowners Assn. vs. County of Los Angeles after attempting to Disqualify Judge David P. Yaffe who had admitted in Court testimony that he was taking money from the county while he was not employed or under contract with the county.
DEFINITION OF A DISQUALIFIED JUDGE:
Richard Fine told the Full Disclosure Network the definition of a "Disqualified Judge" is any judge who has accepted money from other than their employer in this case the County of Los Angeles who is also a party to the case." Here is the motion filed by Richard Fine that includes the citations whereby a Disqualified judge has no right to sit on a case and issue Orders.
JUDICIAL ORDERS NULL & VOID?
Because Judge David P. Yaffe refused to step down after he was Disqualified and instead issued Orders from the bench after admitting in Court testimony that he was receiving payments from the County Richard Fine's motion is asking the Court to declare all of Judge Yaffe's Orders in the Marina Strand Colony II Homeowners Association vs. County of L.A. to be Null and Void. This would include Yaffe's Order to remand Richard Fine into custody of the L. A. County Sheriff.
MYSTERIOUS COURT PROCEDURES
Richard I Fine's scheduled hearing before Judge Elihu Berle for Thursday, March 10, 2011 was mysteriously aborted. His Motion to Null and Void all Judge Yaffe's Orders in the Marina case was scuttled by yet another nervous judge. Judge Berle disappeared and the Court notified Fine his motion was moved off calendar on Friday, March 4, 2001 by Superior Court Judge Carolyn B. Kuhl (pictured left) Read the Order here. Richard Fine responded by filing this Notice declaring Judge Kuhl's actions had violated the Judicial Ethics Canons 2A, 3E(1) and (2) and 4D(1) and an Obstruction of Justice when she removed the hearing from the calendar as she was Disqualified from taking any action due to her having taken money from the County. Based on the payments to all Judges over the past 24 years Fine estimated that both Judge Kuhl and her husband have received at a minimum $700,000 each in illegal payments from the County Controller's Report here.
JUDICIAL CONFLICTS TAKING A TOLL:
Upon his release from jail Richard I. Fine began to research the extent of County payments to the individual State Superior Court Judges and was provided with the following information from the county records on five judges so far where his Motion had been scheduled for hearing. All five judges are disqualified due to having taken the money from L A County. They are:
Judge David P. Yaffe $850,000.00 Judge Ann I. Jones $500,000.00 (estimate) Judge Robert O'Brien $270,000.00 Judge Elihu Berle $660,000.00 Judge Carolyn B Kuhl $1,600,000.00 Estimate includes husband Superior Court Judge Wm. Foster Highberger
Dead cops tell no tales...especially when shot 5 times in the back and a gun planted under his corpse. I wonder why BCSO didn't do the same for this Sevier County cop, other than to profit from $10,000 cash bail.
"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 promising to murder his secretary, United States Court of Appeals, Sixth Circuit,Nuchols v. Berrong, No. 04-5645, July 11, 2005
"FYI - Anytime that you have conversation with any police officer, they have the technology on their person to record the audio of the conversation. Also, if you ever make the mistake of thinking that the sheriff is interested in what you have to say as a taxpayer, while you're sitting in his office you are video-taped and the conversation is being recorded. That's a fact not just an accusation. Too bad that Sheriff Jimbo couldn't find the tape of when he threatened the Nuchols girl. How convenient. Blount County Sheriff James L. "JIMBO" Berrong is nothing more than a common criminal. He has done his best to keep his party and his family in the money by harrassing those (women, female jouranlists, old men) who question he and his family's undehandedness. In the process of being the lead SOLDIER for the Lambert Hoard, he has just about broken every piece of ethics legislation ever passed in this state or county. He is a CROOK JUST LIKE HIS PREDECESSOR. $$ Chief Deputy Jeff French is a rotten apple that fell from the fruity-tree of the sheriff. I told ya'll before that the fruit that is manufactured from the Berrong/Lambert tree is rotten before it hits the ground. I grew up with some of them and they are a pretty sorry lot to say the least. No morals whatsoever. rapists, murderers, sheriffs on the take. you name it, it's represented in this Blount County family of crooks. What the hell good would that do? Do you honestly think that she wanted to be threatened by the sheriff? Things like burning her house down or setting her dog on fire? Yes, he has done it before.(there's you another accusation, skippy). SIC SEMPER TYRANNIS AND DOWN WITH THE LAMBERT HOARD!" -RipOff Report: Blount County Sheriff's Office Assistant Chief Deputy Jeff French
Latest stats: Cops are 600% more likely to be arrested for murder than the average criminal.
KNOXVILLE, TENN. -- A federal judge is ordering a Blount County Sheriff's Office sergeant to stand trial in a wrongful death lawsuit over a deadly arrest ruse, but the lawman will be seated alone at the defense table.
U.S. District Judge Tom Varlan has rejected Sgt. Doug Moore's bid for immunity in the February 2008 shooting death of 61-year-old Leeroy Hickman Jr. outside Hickman's Grove Street home, saying there are too many unanswered questions that only a jury can answer.
But in the same order, Varlan dismissed the case against Deputy Lesley Craig, who actually shot Hickman in the back, and Deputies Robert Berkley and Matthew Gilmore, who were part of the deadly ruse but did not fire any shots.
It was Moore who set up the ruse to lure Hickman, himself a former lawman, out of his house to arrest him on a domestic violence warrant. Craig dressed in civilian clothes and pretended to be a friend of Hickman's daughter whose truck had broken down outside his house.
But the plan quickly went awry, court records show. It was dark and rainy, and Craig's raised hood blocked her from the view of Moore and the other two deputies. Initially, the deputies could hear the conversation between Hickman and Craig because Craig had secretly phoned one of the deputies and left the phone open. But when her phone went dead, Moore, Berkley and Gilmore rushed out of the darkness toward Hickman.
Craig ran to the back of her truck, but when she heard the deputies yell 'gun,' she opened fire on Hickman, who was facing his house with his back toward Craig.
Hickman's widow alleges that Hickman was 'confused' and frightened when three strangers dressed in dark clothing suddenly rushed toward him and was trying to flee inside his house when he was shot in the back.
The deputies say Hickman had his hand in his coat pocket and pointed the pocket at them. They say they later found a gun under Hickman's body. Hickman's widow contends that Moore led a cover-up, delaying a call to an ambulance to stage the scene, plant a gun and, later, order blood evidence washed away.
In his ruling, Varlan said Craig had cause to open fire.
'Even assuming Mr. Hickman did not have a gun and that he did not raise his hand in his pocket as if he had a gun, plaintiff has submitted nothing to contradict Craig's belief that Mr. Hickman was threatening to others at the time she fired,' the judge wrote.
But Varlan said it was less clear whether Hickman, who was shot five times in the back, could have been a threat when Moore fired his gun. The judge said there also was enough evidentiary smoke to fan the flames of the widow's cover-up claim.
Among the questions, the judge cited 'conflicting statements of the officers regarding how they found the gun; photos … which indicate a lack of blood on the gun; Mrs. Hickman's statement that the gun found with Mr. Hickman was one he did not normally carry; … whether there was sufficient light for Moore to determine Mr. Hickman was threatening; and records indicating a lapse in time between the shooting and the time an ambulance was called.'
The case against Blount County itself also has been tossed out, with Varlan opining that there is no evidence Hickman's death was the result of a governmental policy or improper training and supervision.
That means Moore will be on his own. So far, though, Blount County taxpayers are footing his defense bill. A trial date was not immediately available Thursday.
Comments
5 SHOTS IN THE BACK THAT IS! You did know that, right?
Wouldn't be the first time that a Lambert has been involved in a murder in this county and got away with it.
Berrong is a liar. If you will watch closely, his eyes twitch so as not to make true contact with anyone. Most of the time he looks as though he is staring at the back wall of the room. No doubt there's more to this story thatn what he is out here lying about.
12 shots fired. Only five hit their mark. berrong is a criminal as is most who draw a paycheck from the BCSwinger'sO.
Berrong is a liar. His mighty BCSO deputies never ever ever get anything like this on video tape. Unreal. They don't want you to know what actually happened.
The BCSO should have never been there to begin with. P-E-R-I-O-D!
BYI - I have lived in BC for all of my life also and we all know about the Lamberts.
Not trolling, just calling the BCSO out for being the thugs and criminals that they are.
Yes, yes, yes. I know all about it and where it happened and have talked to some of the guy's family about the situation and read all the important information concerning the MURDER by the BCSO.
...and when you know that you are caught in your underhandedness, you start vicious unsubstantiated rumors about people, right Jimbo?
You're fuckin' stooge. I have never been as ashamed of anybody in my life as I am you, you sorry assed crook.
If there is a hell, thee's a special place in the cesspools of hell for lamberts like yourself. Enjoy the lawsuit bitch!
I mean the sheriff, not the fact that he is related to all the Lambert criminals in this county.
That's "a Lambert" and it refers to the "Lambert Hoard" which is one of Blount County's most notorious crime families. They hijacked local government back in the early 90's and since that time, the LAW only applies to others in Blount County who aren't connected to them through the development industry.
Man struck by five of 12 gunshots fired by deputies
WBIR-TV, TN - By Jessica Stith Feb 25, 2008
[Excerpts] Twelve shots were fired - five shots made contact. A former Maryville police officer was killed by rounds fired by two Blount County Sheriff's deputies after he pulled a gun on them Sunday night. Leroy "Jerry" Hickman Jr., 61, Grove Street, Maryville, was pronounced dead shortly after the incident in front of his residence... Blount County Sheriff James Berrong said Monday that Hickman pulled a gun on deputies while they were serving a domestic assault warrant on him at about 11:15 p.m. Sunday. He said Deputy Paige Craig and Sgt. Doug Moore fired the shots as a result of Hickman's threatening actions. Berrong said the warrant was filed against Hickman by a family member Sunday morning, after an incident at his residence Saturday night. He said the sheriff's office had information that Hickman could potentially be violent, due to information from his family members. A magistrate wrote "use extreme caution" on the warrant that was filed, Berrong said. There was also a statement from a family member attached to the warrant that said Hickman told them he would make family members "famous" if they ever called the police. "He said he has an arsenal and he will not let the police take him," a family member wrote in the statement. "He will shoot until he is out of ammo and will then take his own life." Berrong said deputies met an hour and a half before they served the warrant to make a plan and "map out the area of the house" because Hickman was "a threat to law enforcement" and those living at his residence... "After he was shot, he fell in the ditch beside the road," Berrong said. "The officers went to his side and secured him with handcuffs to make sure he was not a threat anymore." Berrong said a loaded .380-caliber automatic handgun was found underneath Hickman's body. He said a total of 11 weapons were found in Hickman's residence, including nine long guns and two handguns... Berrong said they "feel for the victim's family," and at the same time, "we feel for the family of the sheriff's office"... According to a sheriff's office report, one of his family members reported that she was assaulted by Hickman on Saturday evening. The woman said Hickman, "became enraged for no apparent reason and grabbed her by the head with his hand and shoved her against the kitchen cabinets hitting her head." A witness said Hickman threatened to kill the woman during the alleged assault...
[Excerpts] The Blount County Sheriff says a Maryville man shot and killed by deputies had weapons in his home and made them aware he would not let police take him. Sunday evening, deputies went to serve 61-year old Leroy Hickman Junior a domestic assault warrant after an incident with his wife the night before. On that warrant was an attachment from the Magistrate warning officers to use extra caution... Deputies had information Hickman had a large cache of guns and that he would shoot until he was out of ammo... Investigators said an investigation will hopefully reveal whether Hickman wanted police to kill him... Hickman did not have any kind of criminal record. Neighbors say they never had a problem with him.... The Blount County Sheriff's Office and the Tennessee Bureau of Investigation are investigating.
Cops Killing Cops in Blount County
"A Rockford police officer has been charged with a vehicular homicide in the death of a Knoxville man killed in a motorcycle crash on March 10, 2001. The charge against Sgt. James Ray 'J.R.' Johnson, 33, of Maryville, came in an indictment returned Aug. 28 by a Blount County Grand Jury sitting in special session. Laton was employed as a Corrections Officer at the Knox County Regional Juvenile Detention Center in Knoxville. Laton was divorced, but he had full custody of his three minor children. Soon after being notified of the indictment and the warrant for his arrest, Johnson surrendered to authorities at the Blount County Justice Center. Escorted by fellow Rockford police officer Bill Allen, Johnson entered the Justice Center through the sally port where people in custody are turned over to corrections officers. The accident report made at the scene by Tennessee Highway Patrol Officer Ronald McDonald, stated that Laton lost control of his 1997 Honda CR900 as he tried to pass Johnson's cruiser, hit the guardrail and skidded into Johnson's patrol car. McDonald said that two witnesses came forward two days after the accident and said Johnson swerved his cruiser into tile path of the motorcycle, sending it careening into tile guardrail. The witnesses are reportedly Tennessee state highway troopers. Since the accident, Johnson's friends claim he has been labeled as a 'motorcyclist hater,' although Johnson owns a motorcycle and has ridden for over a decade. In addition to the criminal charges, he is named as a defendant in a $3 million lawsuit filed in U.S. District Court by Laton's ex-wife on behalf of her three minor children, ages 7, 8 and 9. Named in the same lawsuit are Rockford Police Chief Robert Simerly, City of Rockford, Blount County Sheriff James L. Berrong and Blount County. Johnson was released after posting a $25,000 surety bond. He awaits a 9 a.m., Sept. 10 appearance in Blount County Circuit Court." —Teresa Helton-Garrett, Knoxville Journal, "Rockford police officer charged with vehicular homicide," September 6, 2001
"The former Rockford, Tennessee police officer who ran down a motorcyclist was found 'Not Guilty' of vehicular homicide by a Blount County Circuit Court jury on November 25. In September 2001, James R. Johnson was indicted by a grand jury for allegedly killing motorcyclist Philip Mickey Laton on March 10, 2001, by running the motorcyclist off the road with his patrol car. Johnson was patrolling old Knoxville Highway in the Rockford area when he received a radio report of a speeding motorcycle coming up behind him. Johnson told investigators that he then turned on his emergency lights in order to get the rider to slow down, but the motorcyclist lost control and hit a guard rail, and then slid into the police car. Later, a witness told police that the cruiser had swerved into the path of the approaching motorcycle, causing it to crash. A review of the videotape from the officer's patrol car confirmed the witness' account, and Johnson was charged in connection with Laton's death. But the jury took less than 30 minutes to return the not guilty verdict, apparently buying into the defense's argument that Laton's judgment and reactions were impaired by alcohol, although Laton's blood-alcohol level was under the legal limit. The Laton family has filed a $7 million civil lawsuit against Johnson, the Blount County Sheriff's Office and the now defunct Rockford Police Department. Due to other incidents, including another motorcyclist who suffered near-fatal injuries following a high-speed chase by another Rockford police officer along Old Knoxville Highway, and a woman who was killed when her car was hit by a Rockford police vehicle, the Rockford city commission voted to disband the city's four-member police department during an emergency meeting on June 5, 2002." -BikerNet.com, "COP FOUND 'NOT GUILTY' IN BIKER'S DEATH" (NOTE THAT THE PATROL CAR IN-CAR VIDEO PROVED THAT EMERGENCY LIGHTS WERE NOT TURNED ON DURING THE INTENTIONAL RAMMING OF THE MURDERED COP, AND BLOOD ALCOHOL TESTS ARE NEVER VALID FOR DEAD BODIES UNLESS BLOOD IS TESTED DIRECTLY FROM THE HEART WHICH IS NEVER DONE)
One-legged talk radio host, author and military intelligence officer William "Wild Bill" Cooper and his chained dog Crusher were gunned down by police state death squad, bogus warrant raid planned on 9/11/2001. The sheriff was later indicted and convicted of felonies, and the deputy who fired the fatal shots "killed himself" without witnesses. Cooper was named "The Most Dangerous Talk Radio Host in America" by President Bill Clinton, a/k/a William Jefferson Blythe III, bastard son of trillionaire kosher Arkansas Governor Winthrop Rockefeller.
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:
