Affidavit and Judicial Notice

C A U T I O N! W A R N I N G! C A U T I O N!
Notice to agent is notice to principal; notice to principal is notice to agent. This judicial notice has been presented upon demand for a drivers license, registration, and/or proof of insurance/financial responsibility. Accept it now as this is the only documentation that Affiant shall produce. I, __________________________________________, hereinafter Affiant, I, me, my, myself, attest that I am over the age of majority, being of sound mind, that I am a natural born sovereign man / woman of the independent sovereign republic known and recognized in international law as Texas, and, that I am not a citizen or participant in the political jurisdiction known as in this state, and I do make the following statements of my own free will and under penalty of perjury, and that all statements are true and correct to the best of my knowledge and understanding. Affiant belligerently and actively asserts the full retention and authority of all of Affiants unalienable rights, and Affiant does not consent to nor in any way waive any of my rights in whole or in part, nor does Affiant authorize or consent to any violation of those rights by any of Affiants public servants. Affiant is one of the People declared in the respective constitutions. Affiant is NOT now nor has Affiant ever been a Resident, Non-resident, Person, Individual, Taxpayer, Corporation, Association Alien, or any other type of legal entity as those terms are defined within Texas statutory or legislative law, and Affiant vehemently and vociferously denies and objects to any such assertions by any of Affiants public servants. Affiant also denies involvement and/or active engagement in any commercial activity upon the roads and highways of Texas or any other state of the union and also denies the operation of any motor vehicle for that purpose. Affiant is exercising the unalienable right of liberty through locomotion and this right is protected by the respective constitutions. AFFIANT IS NOT ENGAGING IN ANY ACT OF TRANSPORTATION and/or COMMERCE!! Affiant is traveling as a matter of right in a private non-commercial capacity upon the public right-of-way and attests that this automobile is not subject to either Chapter 522 or Chapter 644 of the Texas Transportation Code, hereinafter TxTrC. If you decide to arrest me I demand that I be taken immediately before a magistrate with jurisdiction of this matter, and you are obligated by law to do so with all due diligence, pursuant Transportation Code 543.002. Failure to comply will result in additional criminal charges being filed against you. This Affidavit and Judicial Notice is served upon you, hereinafter officer, you, your, youre, or yourself, acting as a local agent for or on the ultimate behalf of THE STATE OF TEXAS, some political subdivision of THE STATE OF TEXAS, or any other legal entity in whatever form, hereinafter referred to collectively as STATE. Your authority to enforce the traffic laws is strictly and specifically limited to commercial motor vehicles subject to TxTrC Chapters 522 and/or 644 as detailed below.

Affiant hereby demands production of your training and certification documents validating your alleged authority to act as a certified traffic enforcement officer under authority properly delegated by the Department of Public Safety of the State of Texas to enforce the traffic laws pursuant to Texas Administrative Code Title 37, Part 1, Chapter 4, Subchapter B, Rule 4.13(b). Be aware that these training requirements are mandatory no matter what type of law enforcement officer you are, and MUST be completed BEFORE any lawful authority to enforce state traffic laws may be delegated. You must also be located in one of the specifically defined municipalities or counties meeting the specified criteria within Rule 4.13(a) of that same chapter, to wit:
RULE 4.11 General Applicability and Definitions (b) Terms. Certain terms, when used in the federal regulations as adopted in subsection (a) of this section, will be defined as follows: ... (4) department means the Texas Department of Public Safety; RULE 4.13 Authority to Enforce, Training and Certificate Requirements (a) Authority to Enforce. (1) An officer of the department may stop, enter or detain on a highway or at a port of entry a motor vehicle that is subject to Texas Transportation Code, Chapter 644.

(2) A non-commissioned employee of the department that is trained and certified to enforce the federal safety regulations may stop, enter or detain at a commercial motor vehicle inspection site, or at a port of entry, a motor vehicle that is subject to Texas Transportation Code, Chapter 644. (3) An officer of the department or a non-commissioned employee of the department that is trained and certified to enforce the federal safety regulations may prohibit the further operation of a vehicle on a highway or at a port of entry if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the North American Standard Out-ofService Criteria as a guideline. (4) Municipal police officers from any of the following Texas cities meeting the training and certification requirements contained in subsection (b) of this section and certified by the department may stop, enter or detain on a highway or at a port of entry within the municipality a motor vehicle subject to Texas Transportation Code, Chapter 644: (A) a municipality with a population of 50,000 or more; (B) a municipality with a population of 25,000 or more, any part of which is located in a county with a population of 500,000 or more; (C) a municipality any part of which is located in a county bordering the United Mexican States; (D) a municipality with a population of less than 25,000, any part of which is located in a county with a population of 2.4 million and that contains or is adjacent to an international port; (E) a municipality with a population of less than 5,000 that is located adjacent to a bay connected to the Gulf of Mexico and in a county adjacent to a county with a population greater than 3.3 million; (F) a municipality with a population of 60,000 or more any part of which is located in a county with a population of 750,000 or more and in two or more counties with a combined population of one million or more; or (G) a municipality with a population of at least 34,000 that is located in a county that borders two or more states. (5) A sheriff, or deputy sheriff from any of the following Texas counties meeting the training and certification requirements contained in subsection (b) of this section and certified by the department, may stop, enter or detain on a highway or at a port of entry within the county a motor vehicle subject to Texas Transportation Code, Chapter 644: (A) a county bordering the United Mexican States, or (B) a county with a population of 2.2 million or more. (6) A constable, or deputy constable, designated under Texas Transportation Code, 621.4015, meeting the training and certification requirements contained in subsection (b) of this section and certified by the department, may stop, enter or detain on a highway within the county a motor vehicle subject to Texas Transportation Code, Chapter 644. (7) A certified peace officer from an authorized municipality or county may prohibit the further operation of a vehicle on a highway or at a port of entry

within the municipality or county if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the North American Standard Out-of-Service Criteria as a guideline. (b) Training and Certification Requirements. (1) Minimum standards. Certain peace officers from the municipalities and counties specified in subsection (a) of this section before being certified to enforce this article must meet the following standards: (A) successfully complete the North American Standard Roadside Inspection Course; (B) successfully complete the Texas Intrastate Roadside Inspection Course (Part C), if initial certification occurs on or after January 1, 2006, or if recertification is required under subsection (c)(4) of this section; and (C) participate in an on-the-job training program following the North American Standard Roadside Inspection Course with a certified officer and perform a minimum of 32 level I inspections. These inspections should be completed as soon as practicable, but no later than six months after course completion. This notice is given to afford you the opportunity to acknowledge the law, the unalienable rights of Affiant, and to weigh your decisions and actions accordingly and carefully. It is also given in a courtesy attempt to protect you from yourself. Any acts you commit against Affiant that are in violation of law and/or Affiants God-given unalienable rights will result in Affiants seeking legal remedy against you personally for those acts. Before

asserting and acting on the presumption that you are protected by official or governmental immunity from suit and/or liability for whatever acts you perpetrate against Affiant, it is recommended you consult an attorney and confirm that your alleged immunity does not exist under Texas law regarding a tort claim for violation of a self-enacting clause of the Texas constitution and/or for any ultra vires act(s) initiated, conspired to, and/or aided or abetted by you in violation of Texas law. Any presumption of immunity based on an alleged good faith belief is not sufficient to shield you from suit or prosecution. Affiant acknowledges and respects the often dangerous duties officers
are tasked with and your diligence and willingness to perform those duties. But, Affiant wishes to make clear that Affiant does not and will not submit to any violation of Affiants unalienable rights in order to facilitate or empower those tasks or duties beyond the powers granted to Affiants public servants by Affiant and the People themselves via the laws stated herein. "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda v. Arizona, 384 U.S. "The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S., 230 F 2d 486, 489 "There can be no sanction or penalty imposed upon one because of this exercise of constitutional rights." Sherar v. Cullen, 481 F. 945 Officer, you have been warned and properly noticed of the potential circumstances of your actions if you proceed to act against Affiant in any manner contrary to law and Affiants unalienable rights. This document is now evidence in any potential proceeding that you have been so informed and you are required by law to secure this document for later production upon demand in a court of competent jurisdiction if you proceed. It is a felony to alter, secrete or otherwise destroy evidence. Your failure to produce this document at trial will result in Affiant filing additional criminal charges against you pursuant PENAL CODE 37.09(a)(1) TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE and 37.10(a)(3) TAMPERING WITH GOVERNMENTAL RECORD.

Officer, as you are acting in your capacity as my public servant it is my right and my duty to inform you that you appear to be operating in ignorance of the law, and, while somewhat understandable, it is still not excusable. If you take exception to being referred to as ignorant of the law then please consider the alternative, that you are in fact not ignorant of the law, and, you are knowingly and intentionally acting against Affiant in direct violation of said law, which establishes that the act is/was committed knowingly and maliciously on your part. Is this statement more accurate and appealing to you? Therefore, if your intention is to charge and/or arrest Affiant for an alleged offense pursuant to some section of the commercial statutes within the TxTrC such as no drivers license, no insurance, no inspection, no license plates, no registration, speeding, or any other charge so related and based upon your assumption-in-ignorance regarding the proper application and intent of the commercial TxTrC, then please be aware of the following:

1.

Affiant stands upon the right of not being compelled to testify against myself under the Fifth Amendment of the Constitution of the United States of America and the Texas Constitution Article 1 Sec. 10. This specifically includes, but is not limited to, providing you with any documentation or statements that can be used against Affiant in a court of law. Therefore, Affiant politely but firmly refuses to acquiesce to your demands for production of any license, insurance, and registration. Any attempt to punish Affiant for refusal to provide you with any such information shall be construed as an intentional violation of the self-enacting clauses of the respective constitutions as stated above and will result in both criminal charges and related tort actions being filed against you and each Officer involved. This includes, but is not limited to, charges against the officer(s) in question for filing false charges under PENAL CODE 38.02 in retaliation for Affiants refusal to provide evidence or testimony that may be used against Affiant and that any use of 38.02 for that purpose is unquestionably unconstitutional and unlawful. Affiants private automobile is asserted as and is to be construed as private property. It is neither public property, commercial use property, nor is it a motor vehicle designated for use in either of these capacities. Affiant is either the sole owner or holder under private contract of the private property in question. To Affiants knowledge the STATE has no claim or financial concern in/to this property and is not party to any contract with Affiant to that effect, nor has Affiant ever willingly or knowingly consented to the granting of such authority or claim to the STATE or any of its agencies or agents, this includes but is not limited to, you and your official duties. Drivers License

2.

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Section 521.001(a)(3) states that the Drivers License is either a temporary license, instruction permit or an occupational license and reads as follows: TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS CHAPTER 521. DRIVER'S LICENSES AND CERTIFICATES SUBCHAPTER A. GENERAL PROVISIONS Sec. 521.001. DEFINITIONS. (a) In this chapter: ... (3) "Driver's license" means an authorization issued by the department for the operation of a motor vehicle. The term includes: (A) a temporary license or instruction permit; and (B) an occupational license.

4.

Is there some undisclosed secret license not named in 521.001(3)? If not, then, please specify which of the three named variations of the drivers license you intend to cite Affiant for not possessing. TRANSPORTATION CODE TITLE 7. VEHICLES AND TRAFFIC SUBTITLE B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS CHAPTER 521. DRIVER'S LICENSES AND CERTIFICATES SUBCHAPTER B. GENERAL LICENSE REQUIREMENTS Sec. 521.021. LICENSE REQUIRED. A person, other than a person expressly exempted under this chapter, may not operate a motor vehicle on a highway

in this state unless the person holds a driver's license issued under this chapter.

5. 6.

Plainly, 521.021 states that it is a person who must acquire the drivers license that is issued under this chapter, which can only be one of the three forms listed, so I ask you again, which one? The term person as used in Chapter 521 above has no local definition, therefore, pursuant Government Code Chapter 311, the definition established within 311.005(2) applies: GOVERNMENT CODE TITLE 3. LEGISLATIVE BRANCH SUBTITLE B. LEGISLATION CHAPTER 311. CODE CONSTRUCTION ACT SUBCHAPTER A. GENERAL PROVISIONS Sec. 311.005. GENERAL DEFINITIONS. The following definitions apply unless the statute or context in which the word or phrase is used requires a different definition: ... (2) "Person" includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity.

7.

Please be prepared to articulate your understanding of the terms Person and legal entity pursuant to Gov. Code Chapter 311 and your intention to declare by sworn statement under penalty of perjury that Affiant is a legal entity since Affiant asserts by this affidavit that he/she is a man/woman and NOT any type of legal entity. Please also be prepared to explain what the legal differences are in the license classification requirements as they relate to the types of motor vehicle stated in TxTrC 521.081-085. Please be prepared to articulate your understanding of the terms temporary license pursuant to TxTrC 521.124, occupational license pursuant to TxTrC 521.242, and instruction permit pursuant to TxTrC 521.222. Therefore, Affiant demands to know your probable cause, as well as your factual and/or evidentiary basis to assert/accuse that:

8. 9.

10.

a. Affiant is/was actively engaged in an occupation, business, or profession that requires Affiant to obtain
and use such a license; or

b. that Affiant has been convicted of DUI/DWI resulting in the suspension of a commercial drivers license
(CDL) issued to Affiant and in Affiants possession for that purpose; and

c. that Affiant is/was ordered and is required to be in possession of an occupational license by the order of a
court of competent jurisdiction over Affiant to enforce such an order.

11.

Since the legislature saw fit to require licensing only for those engaged in commerce then there must be a definite commercial relationship between a license and a motor vehicle, that relationship being that both are being used on the roads and highways for the purpose of commercial business, leaving you with little choice but to acknowledge that the license and its intended purpose is commercial in nature, not private. There is no law in Texas that requires a private Citizen to obtain or possess a drivers license for the purpose of traveling upon the roads and highways viatically in their own private automobile/conveyance. It is nothing short of fraud for the various law enforcement agencies and lower courts to apply commercial law to a private Citizen. The law specifically applies only to those actively engaged in using the roads and highways as a place of business and commerce. Affiant asserts that Affiant is/was NOT engaging in any commercial enterprise or business on the roads and highways of Texas or any other state of the union when interfered with by you/the Officer, but is/was traveling for

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13.

Affiants own personal business and/or pleasure, and no such license is or can be required for this purpose as Affiant is entitled to full access and use of the roads and highways as they are open to the public as a matter of right for the purpose of private vehicular travel:

NATURAL RESOURCES CODE TITLE 3. OIL AND GAS SUBTITLE D. REGULATION OF SPECIFIC BUSINESSES AND OCCUPATIONS CHAPTER 114. OIL TANKER VEHICLES SUBCHAPTER A. GENERAL PROVISIONS ... (5) "Public highway" means a way or place of whatever nature open to the use of the public as a matter of right for the purpose of vehicular travel, even if the way or place is temporarily closed for the purpose of construction, maintenance, or repair.

14.

If your intention is to charge Affiant with speeding please be prepared to articulate your understanding of TxTrC 201.904 and TxTrC 545.351& 545.352 regarding what is reasonable and prudent under the circumstances then existing and what specifically constitutes evidence and notice to the public of the prima facie speed limits stated in 545.352(b)(1)-(5). If your intention is to charge Affiant with any other alleged crime under the Texas Transportation Code then please be prepared to explain your specific method and reasoning resulting in drawing the legal conclusion that Affiant is subject to the commercial transportation laws and that you/the Officer are somehow not subject to either the training and certification requirements or the specific municipality or county criteria as set forth and mandated as required by Texas Administrative Code Title 37, Part 1, Chapter 4, Subchapter B, Rule 4.13(b). Failure on your part to provide verifiable evidence that you are in fact properly trained, certified, and located in one of the specific municipal or county locations specified and required by law will result in the presumption that you are in fact acting without lawful authority and jurisdiction.

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Affiant reasserts that Affiant is not now nor in the recent past been engaged in any commercial activity, business or enterprise upon the roads and highways of Texas and is doing nothing more than exercising an unalienable right to liberty and the use of Affiants private property for private non-commercial vehicular travel. I hereby do affirm under penalty of perjury that all information contained in this affidavit is true and correct to the best of my knowledge and ability and that this information was presented upon request or demand for some form of one or more of the following; drivers license; registration; proof of insurance/financial responsibility.

_____________________________________________________ Affiant Signature

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