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This proves that you reading this are probably a motorist
traveling and not a driver driving. But your schools,
parents, and friends all told you that driving is a
privelege and not a right. But what is a driver ?????
A person who receives financial compensation from
transporting the public is a driver according to
law researchers. If you just travel about in your car
you probably are not a driver. If you are not a driver
then you have a constitutional right to travel about
in your car without being required to have a driver's
License, register your car or buy auto insurance !!!!
Take this to your lawyer !!!!!!! or upload to Special
Interest Law Bulletin Boards such as (805)273-8476,
(214)522-1963, (212)409-4194, (313)774-7258.
Smart Brave Lady
322730 South Mill
Tempe, Arizona
Accused
In the municipal Court of the City of Some City
In the County of You Name it, State of Your Choice
STATE OF Your Choice )
) NOTICE OF SPECIAL APPEARANCE
Plaintiff ) DEMAND TO DISMISS
) v.
) 68999990C
) No.68888890V
Smart Brave Lady ) 68777777V
)
Accused ) --------------------------
The accused, Smart Brave Lady, hereby gives Notice of
her continued special appearance before this tribunal, as
it is in want of subject matter jurisdiction and
jurisdiction of the person of the accused. The lack of
jurisdiction arises under the doctrine of primary
jurisdiction and the plaintiff has made finding of facts,
upon which this Court must take judicial notice to
convict, without affording an opportunity to be heard and
the plaintiff has otherwise failed to exhaust its
administrative remedies.
- Accordingly this Court should discharge the offenses
brought against the accused, or issue a stay in
proceedings pending the outcome of a proper hearing
in the agency or issue an order to show cause to the
plantiff why these offenses should not be discharged
or the proceedings stayed pending proper agency action.
- This Notice of Special Appearance is supported by
the attached statement of facts and points of authority.
RESPECTFULLY SUBMITTED this 5th day of July, 1989
-
-
- ______________________
- Smart Brave Lady
-
-
- STATEMENT OF FACTS AND POINTS OF AUTHORITY
-
The accused declares the following facts to be true to
the best ot her knowledge and belief.
1. The accused has the unalienable vested right to travel
upon the highways without submitting to regulation under
the police powers of the State of Arizona.
2. The accused's property, the car in which she is
traveling, is a household good exempt from taxation
and accorded regulation in accordance with Article
IX, &2, Clause 1 of the Constitution for the State of
Arizona.
3. Notwithstanding the fact, by this provision of
Constitution, the accused has no duty to inform
the agency that she has taken advantage of such
exemption, she has requested attempting to obtain a
hearing before the agency to determine whether her
use of her automobile is for a commercial purpose.
(See Exhibit A)
4. The hearing has not been held as of this time
and the agency has just recently responded to her
initial request. (See Exhibit B)
5. The accused has information and reason to believe
that the officer, who issued the citations, made an
administrative determination at the roadside that
the accused's property was a motor vehicle, subject
to the license tax, and that the accused was driving
said alleged motor vehicle for hire.
6. The accused contends that her car is not a motor vehicle
subject to the license tax, and that she is traveling and
not driving.
7. The accused has infromation and reason to believe that
the office has not been designated to make administrative
findings on disputes between the accused and the Motor
Vehicles Division of the Arizona Department of Revenue.