Affidavit of mistake in your traffic case

Deputies like these lolling about in the county courthouse are trained to arrest people under Tenn. Code Ann. Title 55, the state shipping and freight law, though their victims are not involved in freight and shipping and cannot lawfully be held to account to its 871 pages of rules and regulations. (Photo David Tulis)

I, [your name here], being of sound mind and body, testify that I live in Hamilton County, Tenn., and hereby further testify of my mistaken understanding of my rights, and of my remedying these errors with a correct understanding of these constitutionally guaranteed rights and how to assert them.

By David Tulis / NoogaRadio 92.7 FM

This affidavit is the account of the affiant who is alleging in instant case that he has made a mistake concerning his rights and his yielding of them by his once having applied for an obtained a valid driver license.

How mistake came about

In childhood and in teen years, people of authority said that it is essential for one to have a driver license to use a car, and said in various ways that it is illegal, wrong, unjust, and a crime to use the road apart from the having of the state’s privilege and its license. 

[This affidavit is a model for someone who is in a criminal case and charged with “driving on revoked” or “driving on suspended” or other infraction in which the main claim is of driving or operating a motor vehicle. One’s defense is that, at the time of the arrest, he was not in fact driving or operating, but exercising a nonprivileged right not disturbed by the statute the officer is enforcing. The affidavit is used to show the defendant once mistakenly applied for a driver license under the impression it was necessary to travel privately and in the exercise of his God-given and constitutionally protected rights. It is that act of private travel for which the person is being arrested. Yes, once he had a driver license for the legal purpose of shipping, freight and transportation. But the defendant was not, is not and does not intend to be involved in these latter activities. Affidavit is, ideally, used in conjunction with transportation administrative notice.]

These instructions to the affiant through his teen years led him to believe that there is no right to travel and freely communicate by car, truck or motorbike.

These authority figures included mother, father, public school teacher, elder and religious institution, Sunday school teacher, older children who had gotten permits to drive, adult licensees of the department of safety, officials quoted in media, reporters telling readers and listeners and viewers about police enforcement activities, accounts in the press about car accidents and police enforcement on the roads, and many others. 

The mistaken understanding was this: That it is illegal and unlawful for affiant to get behind the wheel of a car or truck, turn on the Ignition switch, press his foot upon the gas pedal, make the car go forward on driveway and public road, and proceed to travel down the road to a destination

It was my understanding that such an act was a crime, and that it was just for any police officer to criminally charge me or any person in such an activity. It was my understanding that such a person should be found guilty in court, either by the judge or by a jury, and that such person is a malefactor and a criminal who owes a debt to society either by fine or prison. 

Affiant obtains correct view of rights of communication 

Since that time, the affiant has learned something about his rights. 

I have reviewed the Tennessee constitution, the U.S. constitution, and also reviewed Tennessee law as regards his rights of communication and personal movement and the disabilities in the state’s motor vehicle statutes. 

Affiant understands that the moving of his body and person and personal effects and goods from any one point of a map to another point of a map is a matter of right under the rubric of communication, that it need not be through the exercise of a taxable state privilege pursuant to Tenn. Code Ann. Title 55

Communication is simply the affiant’s dealing with other people in society, whether they be friends, families, rivals, competitors, business partners, activist associates, political activists, party leaders, university professors, students, instructors, experts, politicians, fellow voters, fellow members of a tribe or cult, or others. 

The word communication entails the use of means to express onesself and to obtain expressions from other people. These means include the U.S. mail, the telephone, email, the Internet, and also the physical movement of his person and effects from one place to another. He can go from point A to point B bodily, in his natural person, in his persona propria, sui juris, in the exercise of his God-given constitutional, inherent and unalienable rights. 

The affiant has learned that to exercise his rights, he must involve himself in communication with other people. That includes going by car or personal mode of travel to see and visit them.

The freedom of seeing other people is called free association or the exercise of the right of association. That is a right. There are other rights as well, affiant has come to understand. 

These rights include the right to petition for redress of grievances, the right to exercise the franchise of the vote, the right to participate in political activity, the right to participate in religious activity of worship of God. The right of bearing arms, which means the right of moving his weapons from point A to point B.

The right of marriage and the liberty to go to and from a place of marriage and to and from a place of celebration of marriage. The right to abortion, which is protected under Roe vs Wade and the right to help women who want an abortion to go to a clinic, even at far distances from Chattanooga. The right to creative acts in the arts, whether visual or figurative. 

[Add your own material here.]

Facts of the case

On the night of the encounter with Tennessee Highway Patrol officer John Doe, the affiant was under the mistake of fact and mistake of law as to his rights in fact and his rights in law, his constitutional rights, his rights under the statute and his procedural due process rights.

[Add your own material here.]

I swear the above and foregoing representations are true and correct to the best of my information, knowledge and belief.

___________________________________

[ Your name here ]

STATE OF TENNESSEE, COUNTY OF HAMILTON — I, the undersigned Notary Public, do hereby affirm that [ Your name here ] personally appeared before me on the ______ day of  ________________________________________, and signed this affidavit as his free and voluntary act and deed.

Sue cop as oppressor, defend self in traffic court: Transportation Administrative Notice

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