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