Let red tape be your friend: Template for UAPA defense in traffic case

Go into court arguing 'driving a motor vehicle is a privilege,' set cops, prosecutors on their heels; because you are licensee, or presumptively so, you have right to admin hearing

This event in Soddy-Daisy, Tenn., celebrates vehicular travel, regulated by the department of safety when done for private profit and gain. Neither cops nor deputies are allowed by statute to use criminal enforcement authority in enforcement action upon economic privilege; as everyone knows, “driving a motor vehicle is a privilege.” (Photo HCSO)

Sheriff Austin Garrett embraces a member of the public at a Soddy-Daisy, Tenn., lakeside auto event. I am suing him, a deputy and Hamilton County demanding injunction upon general warrants and an end to criminal “traffic stops” that Sheriff Garrett is fighting in the 6th circuit federal court of appeals to continue. (Photo HCSO)

CHATTANOOGA, Tenn., Monday, July 28, 2025 — Police or deputies are charging you criminally for a “traffic offense.” If I were you, I’d file what is effectively a demurrer, which in my case in Tennessee I styled “Affidavit, pre-plea remedy & avoidance.”

Now, I’ve done a lot of reading in Tennessee law, so I have an advantage with particulars. But you, even without the blessing of familiarity with your state’s transportation law, could file a simple document making the claims I spread out over 16 pages. PDF of my pre-plea remedy & avoidance.

You could file something like this:

Judge, accused is here by special appearance.

Accused, acting in his proper person, demands immediate dismissal of the charges against him for the court’s lack of subject matter jurisdiction. Movant state is prosecuting this matter criminally and lacks standing to prosecute in this criminal venue on the following grounds.

1. Driving and operating motor vehicle constitute a privilege. The case is filed against accused on presumption of a driver license.

2. Driver licenses are regulated and overseen by the department of motor vehicles/department of safety (name of your state’s driver license issuer – in Tennessee it’s department of safety).

3. All controversies regarding a license, from issuance, suspension to revocation, are purely administrative matters.

4. Controversies regarding alleged violation of rules of the road are heard in a contested case hearing as provided for by the state uniform administrative procedures act.

5. Accusations in this case are presumptively under the motor vehicle statute, subject to UAPA proceedings.

6. Movement state of [your state name] has an obligation to exhaust its administrative remedies under well-known and long-established legal doctrine, which duty provides due process protections for the accused that he hereby invokes in the interest of justice as belligerent claimant in person.

7. Accused demands immediate ministerial dismissal of this matter under the rule of administrative exhaustion of remedies, the case being unripe for criminal prosecution.

Respectfully submitted, Etc,

File with the clerk, serve on the prosecutor. At the hearing or initial appearance, if it were me, you ask the judge if he read your filing. Make clear that you are there by special appearance only. General appearance grants jurisdiction over your person, otherwise. Your filing is not a motion, because motions are filed with courts that have subject matter jurisdiction. It’s pre-plea because you make a plea only in a court with subject matter jurisdiction

If the judge says that since the officer is not there and the prosecutor appears not to be there, he is going to reschedule the hearing.

“I object, judge, I object.” Say something like, “your honor, I’m not coming back to this court. I object to any proceedings in the court. I have no plans to attend any hearing regarding this matter in this venue. I demand my right for grand jury review of this controversy. I waive the court hereby and will not proceed in the court. This matter is unripe for prosecution and the court has no subject matter jurisdiction. Looks like the prosecutor has nothing to say to establish the court’s jurisdiction.” (Prosecutor will make no move to defend the court subject matter jurisdiction will probably sit there dumbly.)

Affidavit Pre Plea Remedy & Avoidance as filed in general sessions court, Hamilton County, Tenn.

1.6MB ∙ PDF file

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DA Coty Wamp refuses to prosecute me for two alleged misdemeanors after I file my Affidavit, pre-plea remedy and avoidance with the Hamilton County general sessions court and demand immediate dismissal ministerial and my right to an indictment, waiving that petty court.

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This is Page 1 of my filing that lays out my analysis of privilege, exhaustion of administrative remedies and privilege.

Princely warfare against principalities & powers

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.

I am suing deputy Brandon Bennett and Hamilton County Austin Garrett to decriminalize traffic stops on grounds that since driver licenses are occupational licenses, a licensee has a right for the movant state to exhaust its administrative remedies in the department of safety in Nashville. For decades, cops and deputies have illegally and improperly used criminal authority first when the law requires exhaustion of administrative remedies first.