Traffic Ticket Defense

  1. Traffic Stop Checklist - Notice of Rights and Liabilities
  2. Answer to Traffic Citation Complaint

by John Lee
Complete Smarties Guide to Winning in Parking Court (vs. the Towing Mafia)
The Prohibition Times: A Responsible Driver's Survival Guide
Webmaster, AmericanAutobahn.com
As seen on History Channel at a LEGAL 212MPH!
April 14, 2004

If you have a Driver License contract, and have been served process of a summons to court with a complaint ("traffic citation"), you are being sued for alleged "breach of contract". The existance of that Driver License contract grants the court jurisdiction as a condition of that contract, and (at least initially) denies you a right to a jury trial, and grants the single judge "equity jurisdiction" (no jury) to decide the fate of the contract dispute ("Alternative Dispute Resolution, a/k/a administrative "Mediation", NOT a "Trial by Jury"). If you have a private contract for vehicle insurance, a condition of that contract is the voluntary purchase of a Driver License contract, which likewise grants the court jurisdiction, since the insurance corporations are "regulated" as "interstate commerce", which includes all their voluntary customers.

If you lack a Driver License contract (and lack an insurance contract), the "corporate-government person" suing you is suing your for a "tort" (damages). Civil Tort Law is very different than civil Contract Law, or Criminal Law (Constitutional Law). Note that "illegal (criminal) aliens" without US-state-issued Driver Licenses have US Constitutional rights (and State constitutional rights), but American citizens with Driver-License contracts do not (since they "voluntarily" waivered those rights).

"The decision warns, however, that the first violation of 8 U.S.C. § 1325(a) is a misdemeanor, and that if applicable state law authorizes law enforcement officers to arrest for misdemeanors only if committed in their presence, they would not be authorized to arrest aliens for illegal entry (unless the officers should happen to know that the alien had previously been convicted of illegal entry) unless they saw him/her cross the border. The disappointing aspect of Gonzales is the statement that an alien's 'inability to produce documentation does not in itself provide probable cause (to arrest).' See Gonzales v. City of Peoria."
—US Department of Justice, United States Attorneys Manual, Criminal Resource Manual, Title 9, §1918 Arrest of Illegal Aliens by State and Local Officers

By definition, traffic CITATIONS are NOT "criminal" matters, and no imprisonment can apply if you lose in court, UNLESS you sign a contract to agree to pay a (CIVIL) judgment fine and court costs, then you default on that "voluntary" CIVIL contract, resulting in imprisonment for CIVIL contempt of court (as you agreed to do as condistioned in the "fine print" of that contract).

Understanding Contract Law is the goal of this game, NOT using Constitutional Law, which does NOT apply (so IGNORE the court's and judge's LIES and fraudulent misrepresentations that traffic and police "citations" are CRIMINAL matters (i.e., "crimes"). "Misdemeanors" that did NOT INITIALLY result in immediate arrest and incarceration are NOT "crimes", they are "contract disputes" under "Roman CIVIL Law" (which was deadly enough to feed the innocent Christians to the lions and the gladiators in the Roman Colliseums).

The first slaves sold on the auction blocks in America were white European "indentured servants", who signed "bank-loan contracts for debt", in exchange for their freedom ("liberty") and the freedom of their spouses and children. They were stripped naken and sold in public to the highest bidder, and families split apart forever. As slaves they were routinely tortured and murdered at the whim of their owners. This American slave trade was officially legalized by the enactment of the US Constitution, under it's "Contract Clause". Even the US Constitution defines "slavery" as equal to "indentured servitude".

"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."
CONSTITUTION OF THE UNITED STATES, Section. 10.

"No amendment shall be made to the Constitution which will authorize or give to Congress the power to abolish or interfere, within any State, with the domestic institutions thereof, including that of persons held to labor or service by the laws of said State."
—CONSTITUTION OF THE UNITED STATES, Article Thirteen. [Proposed 1861; Endorsed by Lincoln while president-elect; Unratified]

slavery. 1. A situation in which one person has absolute power over the life, fortune, and liberty of another. 2. The practice of keeping individuals in such a state of bondage or servitude. Slavery was outlawed by the 13th Amendment to the US Consitution.
—Black's Law Dictionary, 7th Edition

"Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
—CONSTITUTION OF THE UNITED STATES, Article. XIII., Section. 1. [Proposed 1865; Ratified 1865]

involuntary servitude. The condition of one forced to labor -- for pay or not -- for another by coercion or imprisonment.
—Black's Law Dictionary, 7th Edition

servitude. The three types of servitude are easements, licenses, and profits. See EASEMENT; LICENSE; PROFIT.
—Black's Law Dictionary, 7th Edition

license. 1. A revokable permission to commit some act that would otherwise be unlawful.
—Black's Law Dictionary, 7th Edition

"'Enterprise' means any individual, sole proprietorship, partnership, corporation, business trust, union chartered under the laws of this state, or other legal entity, or any unchartered union, association or group of individuals associated in fact although not a legal entity, and it includes illicit as well as licit enterprises, AND GOVERNMENTAL, as well as other, entities."
—Racketeer and Corrupt Organizations Act (RICO), TN CODE 39-12-203 (state RICO Act) and US CODE TITLE 18, PART I, CHAPTER 96, Sec. 1961 (federal RICO Act)

"The people never give up their liberties but under some delusion. The only thing necessary for the triumph of evil is for good men to do nothing."
—Edmund Burke

By definition, to volunteer for a Driver License, a person must sign a (slave) contract agreeing to waiver their freedom and liberty to travel (a freedom that existed for thousands of years before the first Driver Licenses for COMMERCIAL truck drivers in the 1930s), and to accept that when they attempt to travel, they are thereafter literally perpetrating a crime with every mile that they drive. Does making a contract with Gangster Government sound like a "good deal" to you?

This Answer to Complaint mainly applies to those drivers who actually have a state-issued "Driver License" contract, rather than those who choose to not volunteer for such a civil contract (by YOUR voluntary decision, NOT by the state's unilateral decision to cancel a pre-existing contract for alleged breach of contract). Contracts are by definition "CIVIL matters", under the Contract Clause of the US Constitution, using the (ratified-under-duress) 14th Amendment ("to free the slaves") to apply that "God-given right to sign a contract to be a slave" ("indentured servitude") to the citizens of the States. According to the US Constitution, contracts always trump the federal and state constitutions. Thus, if you "volunteered" for a Driver License contract, as proven by your signature on that license (and vehicle registration), then you waivered all your "Constitutional Rights" (other than your right to contract), and thus cannot plead any rights named in the constitutions, or risk criminal conviction for alleged "civil" contempt of court by making a "frivolous argument" (unless you can prove you were forced to sign that Driver License contract under fraud and threats of duress, which instantly void every coerced contract).

For those without a Driver License contract, the proper procedure to dispute a traffic citation might be a "Non-Statutory Abatement" disputing the lack of subject-matter jurisdiction, in a signed Affidavit (with your identity confirmed by signature and seal of a state-certifed notary public), mailed to the deputy sheriff ("cop"), or to the state or municipal or "metro" "police officer" (actually a private corporate security guard, since they are not named in state constitutions), and to the prosecuting attorney, but NOT mailed to the court clerk. Or, such a driver might plead this in a written Answer to Complaint, filed BEFORE the trial date with the court clerk, but ONLY if done as described in this news article, to avoid entrapment into the court's "personal jurisdiction" by making a "Special Appearance" to contest the court's jurisdiction, not as a "General Appearance" to answer the complaint.

In Traffic Court, trying to win your case using the court's ALLEGED CRIMINAL Rules of Procedure (pleading "guilty" or "innocent"), when in fact ALL traffic tickets are by definition CIVIL cases using CIVIL Rules of Procedure, is like a person trying to win a game of baseball against an opposing team and referee playing by the rules for full-contact FOOTBALL. "If you want to play with the Big Boys, you have to know how to play the game," as the US Air Force JAG (Judge-Advocate General) threatened my wife during her Congressional complaints proving billions of dollars in Fraud, Waste and Abuse of taxpayer funds. We won that particular game. The folllowing self-help legal info may help level the playing field for you, as well as telling you which stadium to play in.

The following legal document can be tailored to defend against many types of traffic "prosecutions" and many types of courts, jurisdictions or nations. USA's legal system was derived from English common law, as it existed in the 1700s, though now it has become fraudulently subverted into Roman Civil Law (all crimes are "corporate" crimes, all names are "corporate" names (written in ALL CAPS), and thus all "crimes" are now breach of civil contract for alleged debt).

Be sure to make audiotape recordings of all communications with police, attorneys, prosecutors and judges, including during traffic stops by police (the perfect "lie/BS detector" with 100% accuracy).

The following document was successfully used to set legal precedent in USA for so-called "indigent" defendants to pay ZERO fines and court costs despite "losing" traffic tickets in court. In USA, the "Homestead Exemption" applies to all courts, including state and federal civil courts, federal bankruptcy court, and traffic courts. Rich elites commonly use Homestead Exemptions when they are technically "indigent" after placing all their assets into "trust funds". States like Florida allow a person to own a million-dollar home and still claim "indigency" via Homestead Exemption. Declaring "indigency" also helps avoid massive appeal bonds for appealing routine traffic tickets.

The biggest danger is being jailed for alleged civil contempt of court order, when you can't afford to pay any type of civil judgment. Judges fraudulently allege civil contempt of court is the same as criminal contempt of court (such as cursing in court). This court order results in life sentence on Death Row in Debtors' Prison, without right to bail, no right to a lawyer, no right to a jury, no right to appeal, no right to medical care. My brother, who is a trial lawyer ("barrister"), was "convicted" of civil contempt for inability to pay $80,000 contract for attorney fees owed by his ex-wife. So he spent 12 days in jail, until the money could be extorted from my family, and his law license was suspended during that time ("reinstated" upon court-ordered release from jail on the contempt of court charge). People are scared of Homeland Security Control Acts, but civil contempt of court is far more dangerous.

He should have listened to me when I warned him how to avoid that problem. And that's what anyone risks who volunteers for a government marriage-license contract (making the government a full partner in the now-bigamous marriage), rather than a religious marriage performed by a non-501c3-tax-status church and preacher (who cannot say "By the power vested in me by the State..."), thus denying a "Divorce Court" (Chancery Court of equity in Tennessee) "subject-matter jurisdiction". But what do I know, I'm not a licensed lawyer (but I do win in court "pro se" (without a lawyer), which is technically a license to practice law for anyone on a case-by-case basis, and any person can become an "attorney-in-fact" (versus "attorney-at-law") for any other person in any court).

Tailor to following document with relevant facts, names, addresses and dates. Type it single sided, with double-spaced lines of text. It must be filed with the clerk prior to appearing in court. Exhibits may be stapled to this document, then entered into evidence during the court hearing.

Go to your local public law library or to findlaw.com to copy the exact statute, code or ordinance allegedly violated. (When any library receives public records, it MUST be made open to the general public, according to the dean of University of Tennessee Law Library in Knoxville, Tennessee.) The law library will also have some good self-help legal books in the Reference Senction, which you can read but cannot check out (or just go to a bookstore). Use a law dictionary to look up words that have double meanings (you may define them in your written court pleadings). Also copy the Annotated Rules of Civil Procedure (not online, library only), to read which Rules of Procedure are required for appeals from lower courts (probably Civil not Criminal Rules). Get a copy of your Local Court Rules and read them to avoid any simple mistakes that might irritate a judge (in Knoxville, you must get the fraudulent "Rules" published by City Court (ignore them), AND go to Knox County Circuit Court Clerk in City-County Building for a free copy of Knox County General Sessions Court Local Rules (required for use in City Court), but beware the fraudluent trap/lie of General Sessions Court clerks who fraudulently allege that there are no such Local Rules (go instead to the Circuit Court clerk, who is actually in charge of the Sessions Courts).

Go to both lower court and a state ("county" circuit/superior) court, watch the procedures and rules, and compare the difference between the two. Watch what the lawyers do in state court. NEVER act like the dumbed-down sheeple in traffic court: It is impossible to "plead guilty" or "innocent" under Civil Rules of Procedure. Watch how the judge defrauds 100% of the sheeple in Traffic Court using fraudulent misrepresentation of bogus Local Court Rules (in Knoxville City Court, its bogus Local "Rules" are displayed on the walls and on its website). Spectating is FREE. Bring a seat cushion. Tape recorders (audio and video) are "technically" illegal without prior approval from a judge. Make notes on paper. Watching Judge "Raving Bitch" Judy on TeeVee (as a UTK bumper sticker called her) will only brainwash you that you have no Constitutional or procedural rights, and no right to a jury, and that you are a moron. That is the only purpose of such fraudulent disinfo in the Idiotbox.

Watching COPS shows on TeeVee (watch the "Running Man" get beaten to a bloody pulp, or see innocent bystanders massacred by police chases for routine CIVIL alleged traffic arrests for breach of bogus contracts) also dombs sheeple down, although occasionally you might see an example of a non-cop making a Citizen's Arrest (cops can NEVER arrest ANY person for a misdemeanor committed outside the cop's presence), or some other insider tips leaks out past the editors/censors.

At the law library, read the Pattern Jury Instructions for state court. This will tell you the mandatory "Essential Elements" the prosecution MUST enter into evidence BEFORE you present your defense. Prosecutors routinely fail to do this, and just fake it, and judges routinely allow this fraud to continue. Use a checklist, and when the prosecutor skips a step, DON'T object immediately. Wait until the prosecution "rests its case in chief." Then, BEFORE you present any evidence, and BEFORE you read this document to the judge, verbally make a Motion to Dismiss ("I Move the Court to Dismiss") for failure to prosecute and failure to enter into evidence the Essential Elements. If the prosecutor and judge want the let the prosecutor reopen its case in chief, OBJECT strongly, and NEVER agree to a voluntary contract to waiver this requirement.

If the judge overrules your objection, THEN read the following "into the record" (YOUR audiotape record) and into the judge's ears. Judges are allowed to ignore the law and make up their own law in every case, UNLESS the defendant (or lawyer) forces the judge obey the law. This is done by filing pleadings (papers) writing down the exact wording of the law in that particular case, and by SPEAKING the law to the judge in court, since a judge is allowed to NOT read or use his own court file on a case (and judge's are lazy).

The judge will allege and threaten that a defendant is not allowed to say the word "Constitution" in any courtroom. This is simply a fraudlent attempt to bait-and-switch a defendant into a "voluntary" civil contract. The right to enter into civil contracts is specifically named in the US Constitution and in state constitutions, so the Police State NAZIs (National Socialists/Communists) fraudulently trick drivers into losing in court using illegal duress to sign away Constitutional rights. Driver Licenses and vehicle registration tags are both "voluntary" civil contracts that require contractees to obey 10,000s of contract clauses. However, the law clearly requires that all civil contracts make a "meeting between the minds," or else that contract is void from the beginning for failure of consideration (Uniform Commerical Code (UCC) has been adopted/codified in all state statutes, codes and ordinances).

So, by "volunteering" for a Driver License contract, it is a "frivolous" argument to use Criminal Rules of Procedure for "misdemeanor" traffic ticket defenses (inluding Constitutional arguements), rather than "felonies" (common-law "crimes"). So simply win using the Civil Rules of Procedure and UCC/statutes/codes/ordinances. However, Constitutional arguments may be allowed on appeal, WHEN you bring them up in a lower court, since judges must listen to Constitutional arguments ONLY AFTER ALL other arguments have failed. In this Catch-22 situation, the Constitutional argument MUST be made in the lower court first, or the appeallate court WILL BE REQUIRED to ignore it on appeal.

So, when a lower court judge says you cannot say the word Constitution in "his" or "her" court, you MUST OBJECT AND "make an Offer of Proof", which is simply a legally proper Rule of Procedure to ignore the judge's order, and make your Constitutional (or any other) argument "on the record". The judge can still ignore it in the lower court (he will be fired if he routinely obeys the law for failing to meet his illegal quota), but Offers of Proof preserve the record on appeal, AND makes it clear to the judge that you can win an appeal (thus it is a waste of the governments' time AND MONEY to try to fight you in court, and lose: It's no longer profitable to extort you).

If you lose in Traffic Court, and you want to appeal, you have 10 days to file Notice of Appeal with the lower court. You must also file a WRITTEN "Demand for Jury Trial" in the state ("county") court within 10 additional days (your court might have slightly different time limits or rules). Simply asking the court clerks to be entered in the computer for a jury trial is allegedly NOT good enough (but in Tennessee, Civil Rules of Procedure clearly order that it is good enough to write "Jury of 12 Demanded" in the caption of your Answer to Complaint in state court). All juries have the power of so-called Jury Nullification of ANY law in EVERY case, as clearly written in Tennessee Pattern Jury Instructions, approved by Tennessee Supreme Court (judges ignore ALL laws using "judicial nullification" in their alleged role as "the 13th juror").

When you are ready for REALLY Closing The Deal, you may also file a COUNTERCLIAM in your Answer to Complaint, and SUE THE POLICE/GOVERNMENT for breach of contract, fraud and everything else the law allows defendants in ALL civil lawsuits. This is perhaps the REAL reason judges are terrified that sheeple will learn the facts about traffic citations being CIVIL matters.

You are also allowed FINANCIAL SANCTIONS after you win your defense, when you prove the traffic ticket was a frivolous civil prosecution. Pro se's are not allowed reimbursement for "lawyer fees", but you are allowed legal expenses. You simply make a Motion for Sanctions after your case was dismissed, and present an itemized bill for your travel costs, copy costs, transcription costs, photography costs, etc. If you hire any legal professionals (or if your friends get a Notary ("Court Reporter") license for $100), you can be reimbursed at $100/hour or more for their bill for transcription services, which can easily total thousands of dollars in profit.

Good luck,

John Lee
editor, PIRATE NEWS
Lee Paralegal Investigations
Idiotbox Wars CATV
Winners Web Design
Knoxville, Tennessee, USA

NOTICE: Use of this news article for self-help purposes does not constitute a contract for legal services, and no guarantees for success are made. "The Law" includes over 50-million pages of codes, statutes, ordinances, regulations and policies. that change daily and always conflict with other published "laws" (which are usually "private contracts" that mascarade as government "laws"). NO ONE can humanly read and decipher all the law - that is impossible. "Ignorance of the law" (lack of "mens rea") IS a valid legal defense in criminal matters, or for "failure of consideration" and lack of "meeting of the minds" voiding a civil contract, BUT ONLY when that "affirmative defense" is included in the Answer to Complaint, to rebut the State's allegation that you "knowingly and willingly" violated the law, using the defense of "fradulent concealment" of the terms of the "statutory civil contract", etc. The reader accepts all responsibility for use of this information, which is merely a jumping-off point for a lifetime of legal self-education.


The following document may be handed to a "police officer" at the initiation of a "traffic stop", along with "identification" as currently required by US Supreme Court for "Terry Stops" (except for "illegal aliens" who do not require any driver license nor identification and cannot be arrested according to White House treaty with United Nations Corporation). Beta Test Feedback


Form 101A

NOTICE OF RIGHTS AND LIABILITIES


To whom it may concern;

    INVESTIGATORY DETENTION

  1.      You have chosen to detain me against my will, impeding my right to freedom of non-commercial travel on a public-use right-of-way, under threat and duress.
  2.      I demand to immediately know what alleged reasonable suspicion of criminal violation of statute/code/ordinance you allege for detaining me against my will. I object to this lawful demand being officially marked "BAD" under printed checklist for "ATTITUDE" (a/k/a "ADAM HENRY" -- "ASSHOLE IN NEED OF ATTITUDE ADJUSTMENT").
  3.      I demand to be immediately allowed to leave, otherwise I consider this nonconsentual "traffic stop" to be an act of "arrest" and "imprisonment".
  4.      I do not waiver any of my legal rights by providing identification or other documentation, and I do not voluntarily consent to providing this documentation. I am providing this documentation under duress from immediate threats of assault and attempted murder if I fail to immediately follow this illegal order. Providing this information does not bind me into any valid contract.
  5.      I do not voluntarily consent to this "traffic stop" detention, conducted by a quasi corporate/government employee, who is apparently making an allegation based apparently upon fraudulent "implied consent" via a "driver license" contract and/or "vehicle registration" contract, which are voided contracts forced upon me under threats, duress and fraudulent inducement. This "traffic stop" detention is an aggravated assault upon my person, to include attempted murder, by placing me and my property in immediate and uneccessary danger, by forcing me against my will to park on the shoulder of a busy public highway or side street, and thus increasing the risk of a deadly crash from other traffic.
  6.      I do not waive my "Miranda rights" under the 5th Amendment and 14th Amendment to the United States Constitution or state constitution, nor do I waive any other federal, state or common-law rights. I respectfully decline to answer all questions during this criminal investigation, and I respectfully decline to voluntarily consent to informal discovery in any resultant civil litigation for a "traffic citation", without a legitimate court order signed by a magistrate duly elected as required by state statute(s) and constitution(s).
  7.      I am providing this "identification" documentation under protest and under duress, provided to an unknown individual(s) displaying a loaded firearm and other weapons (to include a motor vehicle designed and equiped for ramming at high speed to cause a fatal crash via "PIT maneuver" – so-called "Precision Immobilization Technique", or "Tactical Vehicle Interception" (TVI) using two patrol vehicles), implying use of deadly force to assault and murder me if I refuse to submit to this unlawful seizure of myself and my property, or service of civil process. The instigators of this detention are financially and/or criminally responsible for all damages resulting from negligence, misidentification and/or inaccuracies in all computer databases used for identification purposes.
  8.      To the best of my information and belief, I am not subject to any warrants for arrest lawfully or unlawfully issued by any jurisdiction. To the best of my information and belief, I am not an illegal/criminal alien invader (30-million whom are currently granted blanket immunity and amnesty from prosecution by White House Executive Orders). To the best of my information and belief, I am not in possession of illegal contraband, notwithstanding Consitutional Equal Protection doctrine that currently legalized all narcotics trafficing, according to U.S. Supreme Court and U.S. Congress during Iran-Contra convictions of White House executive staff for narcoterrorism, and in all current cases of "confidential informants" of law-enforcement agencies who are granted contractural immunity from prosecution for narcotics trafficing (and for all other crimes including murder, "cop-killing" and domestic terrorism).
  9.      At the time of this investigatory detention, I am unaware of the background records and history of any criminal arrests and convictions related to the individual(s) who instigated this nonconsentual detention. I reserve all my legal rights to lawful self defense and justifiable homicide to protect my property from damage and theft, and to protect my liberty from false arrest, assault and attempted murder, as authorized by federal and state constitutions, statutes and court orders, and under common law.

    TRAFFIC CITATION

  10.      I decline to voluntarily grant a general appearance to accept jurisdiction to any court, except for special appearance to contest personal jurisdiction or other relevant issues, as a result of service of process of this nonconsentual "citation". If I am forced or coerced against my will to sign my signature upon any summons, I do not waiver my right to contest personal jurisdiction, nor do I waiver any constitutional rights, including the constitutional right of voluntary contract. Any such signature extorted under duress is not a ratification of any valid contract.

    SEARCH AND SEIZURE

  11.      I decline to consent to any search of my person or vehicle.
  12.      If any search is conducted, I demand immediate itemization and notation of the exact condition of every item in my vehicle, or on my person, and I demand videotape evidence of that search and inventory, and identification of every person involved in that inventory and chain of evidence.
  13.      I do not consent to nonconsentual towing or impoundment of my vehicle. In lieu of towing or impoundment, I demand that myself or my representative agent be permitted to move my vehicle to a safe parking space, negating any requirement for inventory or impoundment.
  14.      If my vehicle is towed and/or impounded, I demand that action to be performed at the nonconsentual towing services contract price, with that contract fee to be paid by the the individuals ordering that service. I am not bound by that consentual contract between the nonconsentual towing contractor and the government contractee. I demand immediate copy of any nonconsentual towing contract(s), and a copy of any "Motorist Bill of Rights" for nonconsentual towing services, if required by law.
  15.      I consider any nonconsentual towing or impoundment of my vehicle to be punishable under criminal laws regarding felony theft and financial restitution, in addition to civil damages. Any damage to my vehicle and/or my personal property, to include theft, shall be immediately prosecuted by me by Affidavit of Probable Cause for Criminal Complaint.
  16.      To the best of my knowledge and belief, any weapons I may be in possession of are lawfully aquired and licensed, and necessary for lawful right to self defense, especially from death threats perpetrated by government employees, to include self defense from convicted drug-dealing serial-killing mass-murdering cop-killing "hit men" assassins employed by local, state and federal government police agencies as "confidential informants", with immunity from prosecution. Thus, by necessity, I retain all my legal rights to self defense.

    MEDICAL TESTING

  17.      I decline to consent to any psychological or physiological testing, unless such nonconsentual testing is forced upon me under threat and duress, where I shall comply under objection to extortion via a fraudulently induced "driver-license" contract. All testing shall be identified as "nonconsentual testing".
  18.      Such nonconsentual psychological and/or physiological testing shall be conducted in a standardized format, identified by an official preprinted form, under controlled indoor conditions in a safe environment far removed from dangerous traffic, and/or under court order.
  19.      All such nonconsentual testing shall only be conducted in the presence of eyewitnesses of my own choosing (spouse, relative, friend or associate), and recorded by videotape. Before I comply to forced physiological testing, all such tests shall be first demonstrated in its entirity by the tester, to be recorded on videotape. Copies of such videotapes shall be immediately provided to my designated eyewitness for their safekeeping.
  20.      Any nonconsentual or consentual-under-duress psychological or physiological testing, and/or laboratory testing, must be performed by licensed and insured medical professionals, under my direction, for my personal use and private independent testing at a later date. Before such testing is attempted, all persons conducting those tests must fully identify themselves and sign a waiver of their rights and immunities from civil liability and criminal prosecution for any physical, emotional or financial damages that may occur, and to agree to accept personal responsibility for all damages caused by their personal and corporate negligence (both as individuals and as representative agents for their supervisors and for their employing corporation).
  21.      The individual complainant/victim shall be required to submit to identical blood testing, and samples complainant's blood shall be immediately provided to my eyewitnesses, with split samples including preservative and without preservative. Such cost for testing shall be paid by complainant/victim(s) and employer(s) who instigated my nonconsentual detention.
  22.      All nonconsentual laboratory testing shall include testing for blood-sugar levels, both for potentially high and low blood-sugar levels, with a fasting 8-hour test or its equivalent, and all other available tests for "diabetes syndrome", to include testing for all known infectious agents and chemical poisonings.
  23.      All so-called "blood-alcohol" tests shall be performed on whole blood, not plasma, and shall include urinalysis testing. Skin shall not be swabbed with alcohol. All laboratory samples must be preserved for an unlimited period of time, using a chemical preservative that does not provide a false-positive test result. Split samples must be saved without use of any preservative. All testing shall be performed using only machinery guaranteed by its manufacturer to actually measure what it is alleged to measure, to the exclusion of all other substances, with 100% reliability. All such machinery must be currently maintained and certified as recommended by its manufacturer, with copies of this certification immediately provided to my witnesses.
  24.      Financial debt for all nonconsentual laboratory and medical testing shall be paid by the instigators of this nonconsentual traffic detention, as per relevant contract for all medical services for detained individuals.
  25.      I do not authorize release of my medical records, without a previously approved court order signed by a magistrate duly elected as required by state statute(s) and constitution(s).
  26.      I consider all "hypodermic needles" used for nonconsentual injection or withdrawal of bodily fluids to be potential instruments for perpetrating willful physical assault with significant risk of causing illness, disability or death, either intentionally or through gross negligence, and for that reason I do not consent to any such use of those sabotaged Weapons of Mass Destruction (WMD). Any forced use of needles shall be prosecuted as assault and attempted murder under the laws of the relevant jurisdiction. I reserve all my rights to lawful self defense and justifiable homicide in defense of my person.
  27.      I do not authorize any medical procedure that intentionally causes brain damage, to include electrocution or insulin "shock therapies", and/or surgical procedures such as amputation/lobotomy.
  28.      If I am assaulted or injured during this "traffic-stop" detention, I demand immediate emergency medical treatment at the closest trauma center, by licensed and insured medical professionals. All injuries shall be immediately documented by photographic and videotape evidence for my personal use, and copies of those photographs and videotapes shall be immediately provided without cost to my personal eyewitnesses. Cost of such recordkeeping shall be paid by the individuals who instigated this nonconsentual detention. Such injuries shall be immediately investigated by detectives employed by an independent law-enforcement agency with constitutional arrest powers (not a "metropolitan" corporate charter of so-called "government"), and reviewed by Internal Affairs detectives for the relevant law-enforcement agency.
  29.      If I am killed during this "traffic-stop" detention, I demand that any testing for blood samples be taken directly from my heart chambers, and not from any other source. Any subsequent autopsy shall be personally eyewitnessed by my spouse or other relative, and by their legal representatives, and shall be videotaped for evidentiary purposes. Such murder shall be immediately investigated by detectives employed by an independent law-enforcement agency with constitutional arrest powers (not a "metropolitan" corporate charter of so-called "government"), and reviewed by Internal Affairs detectives for the relevant law-enforcement agency.
  30.      If I am assaulted or murdered during this nonconsentual detention, I demand immediate arrest of all persons who perpetrated that crime(s).

    POWER OF ATTORNEY

  31.      I retain all rights and privledges, and I do not delegate power of attorney to any person for my medical services during the period of any detention. I retain all rights to contract, under the Contract Clause of the U.S. Constitution. I retain all rights to determine what medications or medical procedures are performed.
  32.      I retain all rights to continue to take any current medical prescriptions (if applicable), and all food supplementation, such as my right to purchase and consume vitamins and minerals of my own choice, on a daily basis. Any tortuous interferance or delay in this right shall be prosecuted in civil and criminal courts.
  33.      If I am rendered unconscious during this "traffic-stop" detention, I grant durable general power of attorney-in-fact to my spouse (if available), or other nearest relative, for deciding medical and legal issues, limited only in that power of attorney shall never be transferred to any medical corporation nor to any government entity (i.e., a "ward of the State").
  34.      If I am assaulted or murdered during this nonconsentual detention, I demand immediate arrest of all persons who perpetrated that crime(s), and if unconscious, I grant immediate general durable power of attorney-in-fact to my spouse (if available), or other nearest relative, for deciding legal issues for filing civil lawsuit(s) for compensatory and punitive damages and for contracting for legal services.
  35.      If I am murdered during this "traffic-stop" detention, or during other detention, or during any vehicular crash, I demand my body be preserved as evidence for all legal proceedings. I do not grant permission for seizure and harvest of my bodily organs after death for resale by medical corporations, unless my designated attorney-in-fact is prepaid $500,000 in gold money and/or gold certificates (preferably Liberty Dollars at WWW.NORFED.ORG), and provided such organs are not required as legal evidence for wrongful-death litigation.

    COUNTER INVESTIGATION

  36.      I consider this "traffic stop" to be part of an organized conspiracy based upon fraud, organized crime and racketeering, perpetrated by the individuals responsible for instigating this "traffic stop", by implementation of an illegal "quota" system based upon illegal orders for minimum numbers of "arrests", and illegal quota for service of civil process for notice and civil summons ("citation") for initiating frivolous civil litigation for alleged breach of civil contract.
  37.      I demand an immediate audit of the public court docket in this jurisdiction, regarding all traffic citations, misdemeanor citations, parking citations, vehicle seizures and forfeitures, nonconsentual towing and garageman liens, and "abandoned vehicle" title transactions, and all accounting for all such revenues, fees, fines, commissions, and court costs, and how employees of the relevant court clerk are paid, including illegal "bonus" and/or commission fees illegally paid to court clerk's employees (in violation of state law prohibiting fee-splitting and "unauthorized practice of law"), and any illegal kickbacks extorted from employees by the court clerk, as condition to continued employment.
  38.      I reserve all my legal rights under civil, criminal, constitutional, commercial and common law, as a defendant, plaintiff, and victim/witness/complainant. I reserve my legal right to file immediate civil cause of action and/or criminal charges against the individual(s) responsible for making this "traffic stop" arrest and imprisonment, including all members of that individual's "chain of command".
  39.      I immediately demand the full name(s), employee number, employer(s), personal home address(es), "driver license number(s)", name(s) of insurance and bonding company, for all individuals involved in perpetrating this "traffic stop", including all members of that individual's chain of command, including all political superiors, prosecutors, judicial officers and judicial clerks. I demand each individual provide non-redacted copies of IRS tax returns and state income tax returns, and local property tax assessment invoices.
  40.      I immediately demand a free copy of the videotape made by the individual perpetrating this "traffic stop", for the entire shift of that individual, copied in perfect condition at "Single Play (SP)" speed, with clear audio playback, mailed postage prepaid to my address (return receipt requested), or, provided free by personal delivery, or persoanl access to that tape and VCR, so that I or my representative agent, be allowed to bring blank videotapes and make my own personal copies using that equipment. I demand an itemized list and exact identification of all personal and real property owned by the individual(s) making this "traffic stop", including all members of that person's chain of command. Receipt of this document grants authority to copy all personnel records (without redaction) of every person involved in this "traffic stop", including all persons in the chain of command. I immediately demand a free copy of all business regulations of the relevant agency, and free copies of all internal agency memorandums and emails for the previous six years.

    COURT HEARINGS

  41.      I demand an immediate "probable-cause hearing", "show-cause hearing", "civil-commitment hearing", "preliminary hearing", and/or "arraignment hearing", in-person with a magistrate who is lawfully elected as required by state statute(s) and constitution(s).
  42.      I demand to represent myself pro se at all court appearances, including the initial hearing, until such time as I later contract to hire representative counsel.
  43.      I demand to immediately cross-examine all witnesses and all evidence against me at every such hearing.
  44.      If any evidence is withheld by complainants, I demand immediate sanctions, to include suppression of complainant's testimony and suppression of all evidence, and dismissal of all complaints. I demand all such hearings be electronically recorded and transcribed, and I demand immediate legible/audible/visible copies of all such videotapes, audiotapes and certified transcripts, in unedited form.
  45.      I reserve the right to immediately file Affidavits of Probable Cause for Criminal Complaint(s) and/or civil counterclaims in all such hearings.
  46.      I demand immediate copies of all such evidence to be personally provided to me and made available to me at all times while in continued detention. I demand copies of all necessary legal publications and writing paraphenalia be provided me at all times while in continued detention.
  47.      I demand to wear my personal clothing in all court hearings, without hindrance by any physical or electronic restraints, to include electroshock "stun gun belts" or other devices.
  48.      I do not consent to forced psychiatric drugging with potentially damaging or deadly medications, as condition to appear in court. I immediately contest any attempt at civil commitment, and I demand an immediate show-cause hearing to contest any such civil commitment, with immediate right to cross examine all witnesses in person. I do not consent to waiver of my pro se power of attorney, and I retain control of all medical decisions, including veto authority over all medical procedures.
  49.      I demand that this document be read verbatum into the public record, either by myself (or other duly authorized agent if incapacitated), or read aloud by any constitutional magistrate, transcribed and attached to that public record, in all relevant court hearings, until such time as I am able to substitute an amendment to this document.

    BAILMENT

  50.      If any bail or bond/insurance contract is required, I demand to be immediately released without cost on my own recognizance. As condition to such release ordered by a court, I "agree" under threat and duress to nonconsentually appear at any subsequent court hearing, without waiver of any of my rights to contest jurisdiction.

    ANSWER TO COMPLAINT

  51.      I "plead not guilty" and/or deny liability in any relevant preliminary hearing and/or "arraignment", or in any civil hearing.
  52.      This document is not an answer to civil complaint and summons, and does not waiver my right to file an initial answer to civil complaint.
  53.      No statement in this document is made by me under oath under penalty for perjury.

    TRIAL BY JURY

  54.      I demand trial by a jury (of twelve, if that number is allowed), in all applicable jurisdictions.

    INSTRUCTIONS

  55. Attach this copy to your affidavit of complaint, and mark time and date received, and immediately forward all copies to any magistrate in all subsequent hearings. Receipt of this document is acceptance of all terms in this agreement, and waiver of all legal defenses of "soverign immunity", both individually and in the official capacity, whether signed receipt or not. Anything you say or do may be used against you in civil and/or criminal courts of law. You may wish to seek the counsel of a lawyer, and it is presumed that you can afford one.
  56. Attachments include copies of:
    • "driver license card"
    • "vehicle registration / license tag invoice"
    • "proof of financial responsibility"


RECIPROCAL INVESTIGATION

THIS FORM TO BE IMMEDIATELY FILLED OUT BY COMPLAINANT LAW ENFORCEMENT OFFICER, AND IMMEDIATELY RETURNED TO DEFENDANT OR AGENT FOR DEFENDANT, WITH SECOND BLANK COPY RETAINED BY LAW ENFORCEMENT OFFICER AND ATTACHED TO ORIGINAL COMPLAINT.

By making this "traffic stop" detention, you agree to immediately fill out this form in duplicate, under penalty of perjury, and agree to immediately deliver one copy to the person requesting it. Failure to immediately identify yourself in full may result in your arrest and/or other court-ordered sanctions. Printed responses must be legible and in English language. Completion of this form is mandatory in all "misdemeanor citation" cases, which are civil matters requiring mandatory discovery, under penalty of summary imprisonment without bail for civil contempt of court. In all cases of "citation", free copies of all relevant videotape and audiotape discovery of evidence shall be immediately provided, to ensure defendant's chain of custody of evidence.

___________________________
Receipt Accepted By Signature (signature is not an admission of guilt)

___________________________
Full Name of Agent/Complainant/Victim

_____________________________
Your Alias

_____________________________
Your Rank

_____________________________
Name of Your Law Enforcement Agency

_____________________________
Your Bonding Company

_____________________________
Your Reasonable Suspicion for Stop

_____________________________
Number of Statute/Code/Ordinance

_____________________________
Full Name of Your Partner Agent

_____________________________
Full Name of Confidential Informant

_____________________________
Employer of Confidential Informant

$____________________________
Fee Paid to Informant

_____________________________
Your Employer(s)

_____________________________
Your Prior Employer

$____________________________
Your Annual Gross Income

$____________________________
Your Overtime Pay Rate to Testify in Court

_____________________________
Your Current Medication(s) and/or Intoxicants

_____________________________
Name of Your Pharmacy

_____________________________
Name(s) of Your Doctor, Psychiatrist and/or Social Worker

_____________________________
Your Prior Arrest(s)

_____________________________
Your Prior Conviction(s)

_____________________________
Your Prior Expungements

_____________________________
Your Pending Indictment(s) or Prosecution(s)

_____________________________
Your Pending Civil Action(s)

_____________________________
Internal Affairs Complainant(s) Against You by Name

_____________________________
Your Spouse's Full Name(s)

$____________________________
Your Spouse's Gross Income

___________________________
Your Home Street Address

Rent ___ Mortgage __ Clear Title __

___________________________
Your City, State, Postal Code

___________________________
Your Home Telephone

_____________________________
Your Personal Vehicle(s) – Make & Model

_____________________________
Your Mortgage Bank Name

$____________________________
Your Mortgage Loan Payoff Debt

___________________________
Your Driver License Number

_____________________________
Your Personal Insurance Company

_____________________________
Your Personal Crash History

___________________________
Name of Your Immediate Supervisor

___________________________
Name of Your Commander

___________________________
Name of Your Local Political Manager

_____________________________
Name of Your Prosecutor

_____________________________
Name of Your Judge

Videotaped Traffic Stop:
YES _____ NO _____

_____________________________
Your Patrol Vehicle's Serial Number

_____________________________
Your Patrol Vehicle(s) R.A.D.A.R./L.A.S.E.R. Serial Number

_____________________________
Your Radio Channel(s) Used in This Case

Cell Phone Used in This Case: YES ___ NO ___

_____________________________
Your Cell Phone Number

_____________________________
Name and Serial Number(s) for All Other Testing Machines

_____________________________
Daily Minimum Quota for Contacts


CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and exact copy of this pleading has been served upon counsel or agent for all identified parties at interest in this case by delivering a true and exact copy of said pleading to the offices of said counsel, agent or party, or by placing a true and exact copy of said pleading in the United States Mail, addressed to said counsel, agent or party at his office or residence, with sufficient postage thereon to carry it to its destination.

Name and Address of Victim/Plaintiff/Complainant:

___________________________
___________________________
___________________________
___________________________

This ______ day of ___________, ________

Defendant/Driver:

_________________________
Signature

_________________________
_________________________
_________________________
_________________________

END FORM 101A


CITY OF KNOXVILLE MUNICIPAL CORPORATION
ADMINISTRATIVE HEARING


CITY OF KNOXVILLE MUNICPAL
CORPORATION, TENNESSEE
Agent for service of process:
__________________________, OFFICER
800 Howard Baker Jr. Ave
Knoxville, TN 33915

Plaintiff,

Versus

____________________________
____________________________
____________________________
____________________________

Defendant

Civil Action for Debt
Docket No. __________
Breach of Contract


ANSWER TO COMPLAINT


  1. Comes the Defendant ____________________ ("Defendant"), pro se, pursuant to the Tennessee Rules of Civil Procedure (TRCP); Tennessee Rules of Appellate Procedure (TRAP); Federal Rules of Civil Procedure (FRCP); Knox County General Sessions Court Local Rules for Civil Cases; City of Knoxville Municipal Corporation "Local Court Rules"; "home rule" charter and ordinances of City of Knoxville Municipal Corporation; Constitution and statutes of Republic of Tennessee; Constitution and codes of Republic of United States of America, and for answer to the complaint says:

  2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the un-numbered paragraphs or allegations in "Narrative" of the complaint. Such unsworn, unnotarized allegations were made by an unidentified complainant/witness/plaintiff who failed to provide a personal home address, and who failed to provide a valid business address. No valid plaintiff was named in the complaint, no agent for plaintiff was named in its complaint, and no valid address was provided by plaintiff in its complaint. The "complaint" is inherently void for vagueness, fails to prosecute the action in name of real party at interest, and fails to state a claim for which relief may be granted.

    FIRST DEFENSE

  3. The promissary note sued upon is not a valid contract nor is it binding upon the defendant, because the defendant never gave his free assent thereto. To the contrary, the plaintiff threatened the defendant that if he did not make, execute and deliver to the plaintiff the note and secure the same by the execution of the "traffic citation summons to court" to the plaintiff on "citation/warrant"number ________________ , in City of Knoxville, County of Knox, that plaintiff would have defendant immediately arrested and placed into prison. The defendant's free will was thereby restrained, and his consent was induced to the making of said note and "citation/warrant" under duress of such threats. In truth and fact, the defendant was not indebted to the plaintiff for anything, and the said note is wholly without consideration.

    SECOND DEFENSE

  4. The note sued upon is unenforceable in that the so-called "citation/warrant" fraudulently alleged the ordinance violation involved a "criminal" violation, rather than civil breach of ordinance/contract, and that such contract was an illegal one.

    THIRD DEFENSE

  5. Defendant denies the sufficiency of process and the sufficiency of service of process upon it therefore denies the jurisdiction of this court over the person.

  6. Defendant alleges that the execution of the purported contract alleged in the complaint/warrant/summons was obtained by fraud and misrepresentations by the plaintiff as follows:

    (a) Defendant believed and relied upon the statements of the plaintiff, alleging that plaintiffs' cause of action was "criminal arrest" or "criminal citation in lieu of arrest", not a civil cause of action.

    (b) Plaintiff both verbally and in writing alleged that defendant would be immediately arrested for failure to sign the contract, and defendant relied thereon in executing the contract, under verbal protest. Plaintiff has in its possession video/audio tape showing plaintiff brandishing a loaded firearm and threatening defendant with false arrest, kidnapping, theft of automobile, conversion of personal property, and potential for torture, attempted murder or murder, for failure to sign this contract. Plaintiffs' video/audio tape also shows defendant's verbal protest against signing this contract.

    (c) Since signing the contract, defendant had learned that the plaintiffs' cause of action is "civil action for debt for breach of contract", not an arrest or "criminal citation in lieu of arrest", and that defendant's "voluntary" signature "to appear in court" was coerced under duress and by verbal and written fraudulent misrepresentations by plaintiffs.

    (d) Any appearances by defendant for attending administrative hearings are "special appearances" for purposes of stating mandatory TRCP Rule 12 defenses. Such "special appearances" do NOT waiver defendant's objection to personal jurisdiction.

    (e) Any "general appearances" by defendant are for making compulsory civil counterclaims for fraud or racketeering and organized crime, in this civil cause of action under TRCP Rule 13, FRCP Rule 13, TCA 39-12-203 and 18 USCA 1964. Plaintiff and its agents participated in or ratified these fraudulent misrepresentations to defraud hundreds of thousands of defendants, which would certainly meet legislative and court requirements for "pattern of racketeering activities". Such "general appearances" do NOT waiver defendant's objection to personal jurisdiction over plaintiff's complaint.

    FOURTH DEFENSE

  7. On day _______ of month ____________, 2000____ , defendant was duly licensed by State of _______________ to drive a motor vehicle, and the acts complained of in the complaint herein were done by and in lawful pursuance of the license. Plaintiff corporation has no driver license contract or vehicle registration contract binding with defendant, and thus defendant cannot be in breach of a non-existant contract.

    FIFTH DEFENSE

  8. Defendant affirmatively denies subject matter jurisdiction of City of Knoxville Municipal "Court" for "criminal misdemeanor" alleged violations of municpal ordinances.

  9. Such "court" is merely an "administrative hearing" under the executive branch via an initially appointed "judge" (hearing officer), who serves at the daily whim of the chief executive officer/mayor of plaintiff's corporation. Plaintiff's "court" is thus not an impartial hearing as required under constitutional protections for "separation of powers" as required for a judicial branch. Plaintiff holds no "police powers" as a "governmental entity", and its "court" cannot pass judgment upon criminal cases. Plaintiff even volunteered to close down its jail, located in the same building as "Knoxville Police Department" and "Municipal Court", since Plaintiff prefers that its "court" not be allowed to rule on alleged criminal violations of TCA, and thus cannot rule on alleged criminal violations of municipal ordinances. Plaintiff and its trial lawyers knowingly and intentionally perpetrate this fraudulent system against all defendants.

  10. Plaintiff corporation holds no contract or bailment with defendant, and has no common law, constitutional or statutory causes of action for breach of civil contract or criminal law.

    SIXTH DEFENSE

  11. Defendant affirmatively denies personal jurisdiction of City of Knoxville Municipal "Court".Plaintiff failed to issue proper "notice of complaint" and "summons to court", as required under TRCP, TRAP and plaintiffs' municipal ordinances. Complaint and summons was unsworn, unsigned, unnotorized, unaddressed, utilized written fraudulent misrepresentations, failed to identify a legitimate plaintiff, failed to identify a complainant/witness or provide an address, failed to be certified or filed/docketed by a "judge/clerk", and failed to provide notice of the $4,000 personal property exmption from seizure to satisfy a judgment as required by TCA and TRCP.

    SEVENTH DEFENSE

  12. Plaintiff, alleged in the complaint to be a corporation organized under the laws of the State, lacks the capacity to bring this action by reason that there was not at the time of the commencement of this action, nor is there now, and record with the office of the Secretary of State of Tennessee showing the organization of a corporation under the name designated as plaintiff "Knoxville Police Department" in this action. Complaint fails to provide a valid address of this alleged "plaintiff", fails to provide the name of an agent for this "plaintiff", fails to provide a correct street address for this "plaintiff", and fails to provide the correct street address of plaintiff's "municipal court". A corporate complaint signed by a nonlawyer agent is invalid since it fails to meet the requirements of TRCP 11, that it be signed by the attorney of record or the party, and the defect cannot be cured by subsequent filing of notice of appearance by corporation's attorney. Plaintiff's complaints apparently are never filed in a public docket as required by TCA and TRCP.

    EIGHTH DEFENSE

  13. Defendant has been illegally denied sufficient time to prepare a legal defense.

  14. Plaintiff's corporate ordinances/contract provide 60 days minimum extension of time ("continuances") to prepare adequate defense. Plaintiff's "municipal court administrator" verbally denied defendant this mandatory extention of time.

  15. The administrator also illegally denied defendant access to subpoena forms and subpoena powers, which defendant required to pursue discovery, prepare his case, and to subpoena decus tecum the production of public documents and compel attendence by witnesses for the administrative hearing. Such illegal denial apparently violates the Tennessee Open Records Act, TCA, TRCP and plaintiff's ordinances. Knox County General Sessions Court Local Rule 17 unconstitutionally denies subpoena power to pro se criminal defendants "at the initial setting" of the case (apparently the "arraignment" probable cause hearing), but makes no such denial for pro se civil defendants.

    NINTH DEFENSE

  16. Plaintiff's "rules of court" are void for vagueness.

  17. Plaintiff's adminstrative hearings fraudulently misrepresent its "local court" as a "criminal court", and fraudulently misrepresents its "local court rules" as "criminal rules of procedure".

  18. In fact, plaintiff's hearings are mere administrative hearings under the executive branch (thus denying review of criminal cases), and rules of civil procedure apply exclusively. According to TRCP Rule 1, ALL "appeals" from municipal courts to circuit courts require use of Tennessee Rules of CIVIL Procedure, NOT criminal procedure. Obviously, civil rules could never apply to criminal appeals from a municpal court.

  19. A reasonable person might also presume that since it is an administrative hearing, that Tennessee Administrative Rules of Procedure would apply, adding further confusion.

  20. Such rules are thus void for vagueness, and violate constitutional protections for due process, or, violate civil contractural requirements and prevent a true meeting of the minds required for any valid mediation, settlement or judgment of a civil cause of action for alleged breach of contract for debt.

  21. Defendant denies that he is indebted to plaintiff in any amount by reason of consideration as described above. All other allegations of the complaint not hereinabove admitted, controverted, or specifically deied, are denied.

  22. WHEREFORE, defendant demands judgment dismissing the complaint with prejudice, and with sanctions and costs ordered against the plaintiff.

  23. Defendant makes no civil counterclaims against plaintiff or its individuals agents, at this time, other than demand protective orders and injunctive relief to prevent plaintiff from filing any further complaints using any aforementioned fraudulent misrepresentations against any defendant at any time.

  24. Defendant demands a written findings of fact and conclusions of law in these causes of action.

Respectfully submitted:
________________________


AFFIDAVIT OF ____________________


STATE OF TENNESSEE
COUNTY OF KNOX

Comes the affiant, after being duly sworn, and does depose and say the following: I, ____________________, am over 18 years of age and make this affidavit in support of the Answer to Complaint in the above listed case based upon my own personal knowledge.

1. The statements of fact made in the attached pleading are true and correct, or, if based upon discovered evidence, are based upon my information or belief.

Further affiant sayeth not.

__________________________




STATE OF TENNESSEE
COUNTY OF KNOX

Sworn to and subscribed before me on this ________ day of _____________, _______.

___________________________
Notary Public

My commission expires: ____________________


CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and exact copy of this pleading has been served upon counsel or agent for all identified parties at interest in this case by delivering a true and exact copy of said pleading to the offices of said counsel, agent or party, or by placing a true and exact copy of said pleading in the United States Mail, addressed to said counsel, agent or party at his office or residence, with sufficient postage thereon to carry it to its destination, notwithstanding failure of plaintiff to provide the correct name and address of its agent or counsel in its complaint.

Plaintiff:
City of Knoxville Municipal Corporation
Agent/witness/complainant _________________________
Knoxville Police Department
800 Howard Baker Jr. Ave.
Knoxville, Tennessee 37915

This ______ day of ___________, ________

Defendant:
_________________________
______________________
______________________
______________________
______________________


WARNING!

This Answer to Complaint is very powerful. Use of this document can prove hazardous to your health from illegal retaliation perped by insane criminals who infiltrate "police" agencies (a/k/a "cops"), who label smart drivers as "Adam Henrys" (a/k/a "AssHoles") in need of an "Attitude Adjustment" (up to and including the Death Penalty, which police summarily perp 1,000 times every year, according to AAA Insurance Company). Remember the video of Rodney Glenn King and the resultant billion-dollar riot and 60 murders in Los Angeles. Always increase your level of personal security and self defense when defending yourself from Gangster Government. This identical Answer to Complaint was successfully used to defeat two traffic citations in Knoxville City Court in 2003. The out-of-state driver was ordered civilly liable for the judgment of fine and court costs for one ticket of a broken tail light, and one ticket of driving without insurance. Both judgments were suspended under the Tennessee Homestead Exemption law. Thus, no fine or court cost were required to be paid, which is the entire point of winning. However, this "precedent-setting" financial defeat for KPD and City of Knoxville Municipal Corporation apparently resulted in a retaliatory attack against this winning defendant within 24 hours, resulting in defendant's false arrest for using a public restroom, due to a false allegation of criminal trespass and citizen's arrest made by a corporate security guard at a public hospital. The defendant was beaten by the private security guard, on a public sidewalk, outside of the private property of the hospital. There were no locked doors to the public hospital, and no signs posted warning "NO TRESPASSING", and the defendant was never asked to leave the premisis, all of which are ESSENTIAL Elements for a conviction of Criminal Trespass, according to Tennessee Pattern Jury Instructions. Since the private security guard was not a "government law enforcement officer", it was false arrest and false imprisonment for the State to prosecute this defendant for alleged "resisting arrest or frisk", according to Tennessee Pattern Jury Instructions. This stubborn and frugal defendant refused to pay $250 cash bail for release from maximum-security county jail, for the two crimes he was innocent of committing. This webmaster filed an Affidavit with the state General Sessions Court as a Witness, and appeared in the Preliminary Hearing to testify in defendant's pro se case, after he had spent 7 days in jail. The judge refused to allow the defendant to defend himself pro se, and the frustrated state prosecutor falsely accused this webmaster of the crime of fraud for allegedly "'practicing law without a license' for 'using a legal term'", as found in any public library or bookstore in a legal dictionary (the term "Esential Element"). This webmaster was forcibly ejected from the courtroom by the bailiff under illegal orders of the judge, for daring to use an audiotape recorder (with the judge's verbal permission by ratification and default for failure to respond to this webmaster's verbal motion for permission to record my own sworn testimony as a witness) during the fraudulent hearing and false prosecution. After 10 days in jail, he was finally allowed a so-called "Public Defender" (government-employed attorney), who refused to allow him any legal defense or eyewitnesses in court, and forced him to plead guilty, rather than await a 6-month prison sentence while awaiting trial, all with a bleeding head injury caused by the hospital guard, and denial of emergency medical treatment. However, he still utilized his "indigency" status and avoiding payment of any fines or court costs. He did pay $50 to get his car out of city Impound Lot, where it was towed from the public street where it was legally parked. Pleading guilty, unfortunately, prevented him from suing the security guard and hospital (and perhaps the sheriff's deputy and department) for civil torts of "false arrest" and "false imprisonment" (that would have lasted perhaps ten years before all trials and appeals were exhausted). I had warned him to "get out of town" for a while, and to "keep a low profile", to prevent being victimized by illegal retaliation from disgruntled police, but he chose to underestimate this risk. Apparently, the disgruntled police officer staked him out, and phoned the hospital security guard with a bogus allegation, resulting in the security guard overreacting with a violent false arrest, that nearly cost the guard everything he owned in a civil judgment for false arrest. Coincidentally, withing six months of this webmaster filing a 30-page Affidavit as eyewitness in that case of false arrest by a hospital security guard, the Tennessee legislature passed a new law effectively denying private security guards the right to make "citizen's arrests", then turn the defendant over to sheriff's deputies for delivery to the jail, for a judicial commissioner to sign an arrest warrant. The radical new law only allowed a "criminal summons" to voluntarily appear in court (i.e., a "citation"), apparently to protect the government from liability for police signing Affidavits of Criminal Complaint for misdemeanors NOT committed in their presence, which is a violation of state law (citizens who make arrests can still personally deliver the defendant to the judicial commissioner for an immediate probable cause hearing). Fortunately, after this last incident with this stubborn and intelligent driver, police refused to make any further traffic stops of this driver, effectively granting him a "Get-Out-Of-Jail-Free Card". At any rate, if you use this document in court, watch your back, and stay sharp.

"My job was to root out and investigate police corruption, and criminals who've infiltrated the police department.... Sure I went after other policemen. After other policemen that were criminals who happened to join the police department. There were drug dealers, murderers, rapists. These are the types of policemen that I went after. The general public should know there are real, serious criminals in the police department. I don't believe that it should be hidden. Let the policemen know that someone they worked with was a murderer, or a drug dealer."
—Detective Vincent Murano, NYPD Internal Affairs, from his book and audiotape, Cop Hunter

"It seems to me like Justice was stood on its head. In Boston, we had a group of FBI agents who decided to throw the rules out the window. They let a lying witness send innocent men to death row and life in prison. They had a group of mob informants committing murders with impunity. They tipped of killers so they could flee before being arrested. They interfered with local investigations of drug dealing and arms smuggling. We had a bunch of criminals running around killing people under virtual FBI protection."
—Chairman Dan Burton, Committee on Government Reform, US Congress, February 14, 2002

"Knoxville must be the most corrupt city on Earth. On city council with [Skull and Bones] mayor Victor Ashe, I was in the presence of EVIL!"
—Knoxville City Councilor Carlene Malone, whose father was a homicide detective for NYPD in New York City, Metro Pulse magazine (two of her cars were arsoned during City Council's investigation into East Tennessee's $40-Billion/year Mafia-convicted HQ towing, car-theft and chop-shop rackets, which this webmaster forced the mayor and city government to sue itself and its own employees for racketeering and organized crimes for massive fraud on government contracts and thefts from drivers

"I sure learned a lot today."
–Knoxville City Court Judge John Rosson, after his court administrator Michael Martin was subpoenaed to testify in City of Knoxville vs John Lee, January 2001. Martin testified that he and his court clerk's office did NOT maintain the legally required docket for tracking ALL cases, including 75,000 annual parking tickets, and alleged he did NOT have any idea how many parking tickets are filed nor how much profit is made.

"Knoxville Court Adminstrator Michael Martin was placed on administrative leave pending an investigation into allegations he collected portions of his employees' bonus checks last year, records show. The allegations surfaced last week and Martin was placed on paid leave Thursday, records show. The Knoxville Police Department's Internal Affairs Unit is conducting a probe into the allegations. Knoxville City Court Judge John Rosson said he placed Martin on administrative leave after being informed of the alleged conduct by city Law Director Michael Kelley. In a Feb. 1 letter to Rosson, Kelley noted he had interviewed a City Court employee who raised the allegation. After years of neglect outlined by an audit of City Court, an interim court administrator has begun to impose order on a court office that was in chaos. Knoxville's City Court has been a rambling wreck with no checks or balances on tickets issued, more than $80,000 in checks, cash and money orders in an unsecured file cabinet, no record of parking tickets and few efforts to collect more than $1 million in unpaid fees. In a filing cabinet called "Roxanne" by employees at City Court lie thousands of dollars paid for traffic and parking offenses that have not been properly logged or deposited in a bank, notes a report on court operations. Knoxville City Court Administrator Michael Martin resigned Monday on the heels of allegations he collected a thousand dollars by pressuring his employees to share their annual bonuses with him. Martin's resignation came just minutes before he was scheduled to meet with City Court Judge John Rosson for a pre-disciplinary hearing. Rosson said he planned to fire Martin, but NOT because of the bonus scheme."
—Knoxville News-Sentinel, "Bonus check splitting alleged", February 6, 2001, et al., (1 month after Martin was subpoenaed by webmaster John Lee to testify in City Court trial, City of Knoxville Municipal Corporation v. John Lee, testifying that City Court does not maintain the legally required docket of its 75,000 annual parking citations. In the 2001 Comprehensive Annual Financial Report (CAFR) of Knoxville Inc.'s $2.1-Billion profit surplus, its pension fund for its City judge increased by $1.2-Million)

Tennssee Code 40-6-205. Issuance of warrant
     [Amendment effective January 1, 2004. See the Compiler's Notes].
     If the magistrate is satisfied from the written examination that there is probable cause to believe the offense complained of has been committed and that there is probable cause to believe the defendant has committed it, then the magistrate shall issue a warrant of arrest. The finding of probable cause shall be based on evidence, which may be hearsay in whole or in part; provided, that there is a substantial basis for believing the source of the hearsay to be credible and for believing that there is a factual basis for the information furnished. If the affiant is not a law enforcement officer, as defined by § 39-11-106(21), or if none of the affiants in the case of multiple-affiants is a law enforcement officer, as defined by § 39-11-106(21), then a criminal summons as provided in § 40-6-215 shall issue instead of a warrant of arrest; provided, however, that in the case of multiple-affiants, if one or more of the affiants is a law enforcement officer as defined by § 39-11-106(21), then the magistrate may issue a warrant of arrest; provided, further, that if, after examination of the affiant and the affidavit of complaint, the magistrate has probable cause to believe that the issuance of a warrant of arrest rather than a criminal summons is necessary to prevent an immediate threat of imminent harm to a victim as defined in § 36-3-601(8), and makes a written finding of fact that an arrest warrant rather than a criminal summons is necessary, the magistrate may issue a warrant of arrest notwithstanding the fact that the affiant is not a law enforcement officer, or, in the case of multiple-affiants, that none of the affiants is a law enforcement officer.
     [Code 1858, § 5022; Shan., § 6981; Code 1932, § 11520; T.C.A. (orig. ed.), § 40-704; Acts 2003, ch. 366, § 3.]

"Knox County General Sessions Court judges are up in arms over a new law that requires some alleged criminals to be summoned to court in lieu of an arrest. The law in question makes it mandatory for judicial commissioners to issue summonses, instead of arrest warrants in cases in which a citizen is seeking to have someone charged with a crime. Although the law change was intended to stop so-called retaliation warrants - in which two people in a dispute seek to have the other arrested - the judges contend it is endangering the public. 'We have cases in Knox County involving pistol whipping, stabbing and kidnapping in which victims have been unable to get arrest warrants because they are not police officers in spite of the fact that the defendants have extensive criminal records,' the judges wrote. Under the old law, any citizen in Tennessee was allowed to obtain an arrest warrant if a judicial commissioner was convinced there was enough probable cause to believe a crime had been committed and the person being accused had committed it. But a law passed last year only allowed the issuance of arrest warrants when the complaining person was a law enforcement officer. Shoplifters not caught in the act by police cannot, under the new law, be arrested. A man who threatens his neighbor with a gun or attacks another person cannot be arrested unless an officer either witnessed the incident or was willing to choose sides in the case. Instead, a summons would be issued, informing the accused criminal to show up at a local jail within 10 days to be fingerprinted, booked and given a court date. State Sen. Jim Bryson, R-Franklin, and State Rep. Glen Casada, R-Franklin, are sponsoring two bills to change the law. One bill would allow warrants to be issued against shoplifters and bad check writers, a move that would satisfy complaining merchants. The second bill would essentially scrap the law change, allowing judicial commissioners to decide whether to issue a warrant or summons. 'We've got to readdress it,' Casada said. 'Criminals are smart. They know the law. If they see they aren't going to be arrested, they'll flee.' Bryson said judges and law enforcement officers 'all over the state are upset about it.'"
—JAMIE SATTERFIELD, Knoxville News-Sentinel, "Judges issue opinion: Change law," January 31, 2004

"Assistant D.A. John Gill said, 'If the officer, even if he wasn't there, if they've gotten the information that establishes probable cause, they can sign it, and then therefore a warrant can be issued.' But the judge says officers could open themselves up to liability issues if they swear to facts they didn't see. There are already some proposed bills to change the new law. The original intention of the law was to protect people falsely accused of a crime from having to automatically go to jail."
—Jim Ragonese, WBIR TV, "SOME LAW ENFORCEMENT OFFICIALS OPPOSE NEW LAW," 2/3/2004


IDIOTBOXWARS.ORG

GEOCITIES.COM/TOWCRIME

GEOCITIES.COM/PARKING_TICKET_APPEAL

THE PROHIBITION TIMES

AMERICANAUTOBAHN.COM

Free search engine submission