Abigail Tulis is submitting a motion to Marion County circuit court with a proposed order to the Virginia state police to produce speed records of a cruiser used in her arrest and harassment in December 2019.
A district court judge convicted her of a “lesser included offense” of improper driving after an hourlong trial on the charge of “reckles driving, general” Feb. 27 in Smyth County courthouse.
She is appealing the conviction to circuit court on grounds of insufficiency of the charging instrument, the Virginia uniform summons, used thousands of times a year by troopers and others to abuse the people confronted by police, deputies and troopers in that state.
In her proposed order, Abigail demands all video and audio recordings of her illegal arrest under the state’s trucking, shipping, hauling and transportation station be turned over to her. Trooper Brandon Frye lied on the stand by saying she was traveling at 50 mph in a 70 mph zone.
However, state law has no minimum speed on any road, unless the speed is slow enough to impair other travelers and traffic. Interstate 81, the night she was traveling on it, was empty of other people at the time of the 11 p.m. arrest. There was no impediment to traffic, and the state was not able to show any injury to itself or any public interest, despite its perjured testimony.
On the scene of the “traffic stop,” as it is euphemistically called, Abigail, 27, an artist, mistakenly signed the citation to appear in court, even though she has been living in Vianen, the Netherlands. She returned to the U.S. to stand trial.
Abigail perceives that the charging instrument is unconstitutional on its face, and must be forbidden because it denies defendant’s sufficient notice of all the essential elements of the offense.