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.