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State creates driver license without man applying, accuses him of ‘driving’ crime

Arthur Jay Hirsch waits for the court doors to open before his trial as a constitutional user of the roads in Lawrenceburg, Tenn., Dec. 22, 2015. A jury found him guilty and the state supreme court refused to hear his challenge of its misuse of the shipping and freight law against people not involved in shipping and freight. (Photo David Tulis)

Arthur Jay Hirsch (TN driver license #133629637) lives a 1029 W. Gaines St. in Lawrenceburg in Middle Tennessee. He is working to overturn a fraud perpetrated by state government in assigning driver licenses to people — then revoking them.

By David Tulis / NoogaRadio 92.7 FM

The law is clear that a driver license must be applied for, must contain the photo of the applicant, and must be connected to fees paid. But whence the power to create a license ex nihilo — from nothing — and then criminalize a private person such as Jay Hirsch? I have covered this story through the ordeal of Ommerieal Woods and John Ballinger, the Gnome of Strawberry Plains.

Mr. Hirsch is researching this widespread abuse through operation of prosecutions against him. This July 19 letter went to Susan Lowe, director of financial responsibility of the department of safety and homeland security a post office box in Nashville.

TN admits Hirsch did not apply for license

NOTICE AND DEMAND: Re. “Suspension” pursuant to 55-12-118. Proof of financial responsibility required on final judgment — Suspension or revocation for failure to file proof — Restoration.

Dear Ms. Lowe,

In response to my request for a copy of my application for a Tennessee driver license, please find enclosed a copy of the letter I received on July 15, 2019, in reply from your department – presumably from you.

Please note that you admit in said letter that I “have not applied for a driving license in the State of Tennessee.” (Emphasis added)

Further, you admit assigning to me “a Tennessee History Only record to reference your driving offense in Lawrence County, Tennessee on 12/19/13 and 07/29/2017.”

The separate Requirements Letter (#L0641407680) for reinstatement included in your above said mailing, dated June19, 2019, is attached. Said letter shows a driver license exists (#133629637) and states that “your driving privileges are currently revoked, suspended or cancelled.” The Tennessee legislature has stated that a valid driver license can only be issued upon application and approval, a photo of licensee, the payment of a fee, and meeting the requirements of the class of license to be issued.

Where in TCA 55-12-118 ‡  (or elsewhere in the statutes) does the legislature give authority to the Department of Homeland Security (DHS) and/or your department (FRD) to fabricate evidence, i.e. create an un-applied for driver license out of thin air, and to suspend it when no Tennessee application or license ever existed?

TAKE NOTICE THAT I HEREBY DEMAND WRITTEN PROOF FROM YOU AS A PUBLIC SERVANT TO KNOW BY WHAT LEGISLATIVE AUTHORITY THE DHS AND/OR FRD HAS BEEN GIVEN TO FABRICATE A DRIVER LICENSE FOR ME WITH NUMBER ASSIGNED, AND TO FABRICATE A SUSPENSION WHEN THE RECORD SHOWS THAT NO REQUISITE APPLICATION WAS EVER SUBMITTED, NOR FEE PAID, NOR TENNESSEE DRIVER LICENSE ISSUED.

Here’s the law

‡ Included but not limited to TCA 55-12-118. Proof of financial responsibility required on final judgment — Suspension or revocation for failure to file proof — Restoration.

(a) Upon receipt of a certified copy of final judgment, the commissioner of safety shall immediately revoke the operator’s license of any resident of this state and any nonresident’s operating privileges in this state against whom judgment is rendered, if the judgment is not paid within sixty (60) days from the date of final judgment, and no restriction as to time based on the commissioner’s authority elsewhere in this chapter shall be a bar to that action under the authority of this section; provided, that any judgment paid to the extent of the limits of financial responsibility specified in § 55-12-102 shall, for the purpose of this section, be considered paid. Immediately upon request by the commissioner of safety, the commissioner of revenue shall revoke all of the motor vehicle registrations of any resident or nonresident against whom the judgment is rendered, if the judgment is not paid within sixty (60) days from the date of final judgment.

(b) Subsection (a) shall not apply if the parties to the judgment submit on or before the date of revocation proof satisfactory to the commissioner that the parties have entered into an agreement satisfactory to all parties concerning the payment of their damages. (c) Any license or registration revoked under the authority of this section shall remain revoked until it is stayed, satisfied in full as to the extent outlined in subsection (a) or (b), and until  the person whose license and registration were revoked shall give and maintain proof of financial responsibility as required by § 55-12-126, pay a one-hundred-dollar restoration fee as required by § 55-12-129, and pass a driver license examination as a condition precedent to the restoration of such privileges. If the department of safety, pursuant to this subsection (c), reinstates a person’s operator’s license that has been revoked under the authority of this section, then the commissioner of safety shall request that the commissioner of revenue reinstate that person’s motor vehicle registrations revoked under authority of this section and, upon payment to the commissioner of revenue of the appropriate motor vehicle registration fees provided by § 55-4-111, § 55-4-112 or § 55-4-113, the registrations shall be reinstated immediately.

The David Tulis show is 1 p.m. weekdays, live and lococentric.

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