CHATTANOOGA, Tenn., Saturday, Sept. 6, 2025 — If your state is prosecuting you criminally, you have a duty to blunt the cause by insisting on the right that inheres in the state’s duty to exhaust its administrative remedies in your state capital in the department regulating transportation.
Criminal prosecution, in other words, is premature, as you have rights under law controlling privilege taxable activity such as driving or operating a motor vehicle.
Miracle Workers are those men and women who say, “Enough is enough of police abuse” or “Jim Crow is due to be buried,” and want to work the miracle of the law actually being made to work.
My traffic stop reform thesis is this nutshell statement to the judge: “Your honor, until the state exhausts its administrative remedies in its claims against me, nothing can be done criminally, as the state has obligation to administer its claims, then adjudicate its claims on appeal. and authority to criminally prosecute only if it cannot uphold the law in the first two steps.”
I make this analysis in my lawsuit to decriminalize traffic stops and enhance officer safety.
Excerpt from a brief:
In sum, appellees’ silence on exhaustion of remedies, contested cases, rights under UAPA and due process within citizen-state contractual dealings in licensure shows what seems fair to be called two-faced canoodling.
Title 55 gives “probable cause” of a crime, they say. But they want to chop off the rest of the law from the court’s consideration. They want the court not to read the law coherently, but perversely as convenient to them.
If title 55 controls taillights, it controls how appellants, acting as actual or presumptive agents of state of Tennessee must seek redress when a party under privilege is seen as going astray from the agreed-on rules of the road.
Exhaustion of remedies is well established in state and federal law. Administrative law requires proper exhaustion of administrative remedies, which means using all steps that the agency holds out, and doing so properly, so that the agency addresses the issues on the merits. Woodford v. Ngo, 548 U.S. 81, 126 S. Ct. 2378, 165 L. Ed. 2d 368 (2006). “First, the broader statutory context in which Congress referred to ‘available’ ‘remedies’ indicates that exhaustion is required regardless of the relief offered through administrative procedures.” Booth v. Churner, 532 U.S. 731, 731, 121 S. Ct. 1819, 1820, 149 L. Ed. 2d 958 (2001). “In 42 Am.Jur., Public Administrative Law, § 197, it is said: ‘The doctrine of exhaustion of administrative remedies requires that where an administrative remedy is provided by statute, relief must be sought by exhausting this remedy before the courts will act.’” Tennessee Enamel Mfg. Co. v. Hake, 183 Tenn. 615, 620, 194 S.W.2d 468, 470 (1946). Under the doctrine of exhaustion of administrative remedies, when a statute provides specific administrative procedures, one claiming to have been injured must first comply with the provisions of the administrative statute before bringing a lawsuit. Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827 (Tenn. 2008).
Appellees waive all arguments regarding privilege administration under the exhaustion doctrine as relating to the light law, T.C.A. § 55-9-402, and appellant pleads for relief.
David runs a personal nonprofit fighting and mercy ministry. He thanks you for checks sent directly to c/o 10520 Brickhill Lane, Soddy-Daisy, TN 37379. Also at GiveSendGo.
