Wednesday, July 25, 2007

Weekly Update - July 25, 2007

Hey folks! Photos from last week are uploading into Tha Store here.

Last few weeks have pretty slow, with last Friday being one of the slowest I have ever seen. We're starting to see more traffic during the week at times than on the weekends, so all of that talk about how much busier it is on the weekends over the past few years is starting to flip things around.

The police were out every day, and Blount County Sheriffs wrote a lot of tickets Saturday, mostly for speeding cars and cruisers in the straightest section...which, now that I think about it, is the safest place to drive over 30mph.

We're hearing rumors that TN governor Bredesen thinks photographers are responsible for most of the accidents out there, and wants to run us off by barricading all the pull-offs and making them emergency stops only. Pretty ironic considering we:

  • Spend more time than anyone else making an example of how not to act out of those who ride/drive unsafe, regardless of lost sales.
  • See more people straighten up and act right when they go by us than show off, because they know we will make a bad example of them on our website.
  • Spend more time keeping the road clean and safe than TDOT. (and we love ya TDOT folks!)
  • Escort more semis than anyone else, again, at a loss of sales.
  • Never had one person get seriously injured or killed in front of us, despite being out there nearly every day for the past 5 years.
Maybe it's all just a rumor, but anytime you want to come sit with us and see what's really going on in your state Mr. Bredesen, I've always got some extra chairs.

On to the highlights!

19 comments:

RapidR6 said...

Check out this video about dragon laws...
http://www.youtube.com/watch?v=XvA1XIBm4PA
(Copy and Paste in adress bar)
Make sure and watch the whole thing.

Brendan Sullivan said...

Seems like once again the government is incapable of making logical informed decisions. Guess it's time for an email to our wonderful governor here in TN.

pete said...

I think it's time for everyone who cares to start writing the governors of both NC and TN. I'll be sending mine next week. They need to be respectful and not hateful or threatening. I will be writing the governor of NC because it's his state that will suffer a great deal of revenue loss if people stop coming to the gap.

My friends and I have been coming to the gap for over 6 years. We've seen growth not only at the gap, but in the surrounding cities as well. Businesses are doing well because of the tourism created by the gap.

My friend received a "Happy Meal Ticket" this past weekend. He was travelling 50 in a 30, which would have been legal on the NC side. I'm not arguing his guilt or innocence, but simply making the point that it's only going to take so many "Happy Meal tickets, or worse a "steak and potato ticket ($180 higher than the happy meal) before people start finding somewhere else to ride.

I would encourage those local to the area to have area businesses to start contacting their mayor and the governor as well. It probably only took a few people complaining to get the increased enforcement, and now they need to hear the other side of the story.

I'm also going to be gathering as many fact that I can as to what is the real danger on 129. Are trucks causing more accidents than bikes? Are they doing more damage and costing taxpayers more money in repairs?

I'm not against police or enforcement, but I am against unfair or prejudiced enforcement. I googled TN motorcycle accidents, and it appears there are just as many accidents outside of 129 than there are on 129.


Killboy has been kind enough to create the link to the governor, and the pen is mightier than the sword. If you truly care about the gap and the area businesses and towns that have grown because of it's popularity, start writing!

Sportglide said...

Wow.... Maybe the best way to head this off would be for the photographers to post warning signs: "Warning -- Photographer 200 yards ahead." Shouldn't that reduce the "danger?"

Unknown said...

Might wanna spell Gov. Bredesen's name right if you're gonna invite him over for tea! ;)

Darryl Cannon aka "killboy" said...

Corrected, thanks T!

redxxrdr said...

Of course I ride 8 hours to get my picture taken. ;-(

Blocking photographers is easy, but does not address the problem.
This road has too many people who are not being smart. Bikes, yes. But my experience is that semi trucks, campers, cars, and trucks share the blame.

I agree that we should give feedback to Mr. Bredesen. And we should ALL try to be smart when in the area. Unless the STUPID stops, we are all going to suffer.

Anonymous said...

US Constitution - Bill of Rights -
Amendment I:
"Congress shall make no law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. "

Photographers need lawyers?

Knoxville lawyer Chris Oldham is recommended for bikers by TailOfTheDragon.com. His office in the Walnut Building downtown, next door to lawyer Richard Baker. This phone number is for Baker's office, Oldham's former partner. Just ask for Oldham's new phone number, which is not yet listed in phone books.
http://www.tailofthedragon.com/news_law.html

I spoke with Oldham today about his recent victory in Blount County courts, for Dragonslayers charged with "drag racing". I asked him how he won those trials.

Tennessee Code §55-10-501. Part definitions

(1) "Drag racing" means:
(A) That use of any motor vehicle for the purpose of ascertaining the maximum speed obtainable by the vehicle;
(B) The use of any motor vehicle for the purpose of ascertaining the highest obtainable speed of the vehicle within a certain distance or within a certain time limit;
(C) The use of any one (1) or more motor vehicles for the purpose of comparing the relative speeds of such vehicle or vehicles, or for comparing the relative speeds of such vehicle or vehicles within a certain distance or within a certain time limit;
(D) The use of one (1) or more motor vehicles in an attempt to outgain, outdistance or to arrive at a given destination simultaneous with or prior to that of any other motor vehicle; or
(E) The use of any motor vehicle for the purpose of the accepting of, or the carrying out of any challenge, made orally, in writing, or otherwise, made or received with reference to the performance abilities of one (1) or more motor vehicles;

http://www.megalaw.com/tn/tncode.php

Oldham explained that an "Essential Element" of "drag racing" is a prior spoken agreement to "race". This is, of course, impossible for prosecutors to prove. Without this one Essential Element, the charge of "drag racing" must be dismissed. This elelment is required to prove "mens rea", which is "premeditated intent". Statutes to the contrary are Constitutionally "void for vagueness".

Oldham also proved the THP trooper was guilty of perjury and fabrication of evidence. The trooper testified under oath that he RADARed the bikers at 85 mph on the Dragon. This was NOT proven by the police videotape, which is NOT in sync with the RADAR. However, the Blount County deputy testified under oath that the trooper was lying, that the trooper was NOT running RADAR. Thus the trooper simply made up an imaginary RADAR readout. It's virtually impossible to use RADAR on the Dragon, because it's almost impossible to get a RADAR lock. Accuracy is impossible due to trees giving false readings due to "Panning Effect" (the 86 mph tree).

Oldham said he routinely proves police "testilie" on the witness stand in Tennessee courts, and gets judges to ORDER the prosecutors to prosecute those cops for that crime.

THP troopers routinely lie and purjur themselves when suing traffic tickets on the Dragon. A biker tourist on the Dragon got a speeding ticket from a female trooper driving an SUV earlier this year. The trooper refused to let him see the RADAR readout, which indicate there was no RADAR readout, and the speed was imaginary. The US Navy soldier was from out of state, but said if he were located in Tennessee, he would definitely fight that ticket in court.

Oldham was very interested to learn that Tennessee police and state courts do NOT have jurisdiction on the Dragon, thanks to the 11,000-acre land grab by the federal government, in January 2007. This is according Dragon state rep Doug Overbey, attorney at law, and the assistant director of Great Smokey Mountain National Park. The GSMNP boundary runs right down the centerline of the Dragon US 129, starting at the NC state line, and covers both sides of the Dragon in other places. In January 2007, ALCOA Corporation donated 11,000 acres of its Tapaco Wildlife Area to Nature Conservancy Corporation, which donated it to US Park Service. This land grab removed 11,000 acres from state tax revenues for Blount County Municipal Corporation, including property taxes, sales taxes and traffic ticket taxes.

"Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason." U.S. Supreme Court, U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821)

"When a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." U.S. Supreme Court, Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974)

So state cops, state judges and governors can be sued PERSONALLY when they prosecute ANY case on the Dragon.

Jimbozcrazy said...

I promise you this one fact! I will attempt to get a ticket on the dragon this year and again I promise that I will use Chris Oldham to defend this ticket. This should be a lot of fun. I have the resources to cost the state of TN a whole lot more in court costs than it's worth to write me that ticket. So that being said, all you Troopers take note, I dare you... write ME a ticket... even if I don't win... I still win bwahahahahaha!!!!

Imagine this! EVERYONE who gets a ticket on the dragon, FIGHT IT. FIGHT THEM ALL! THEN IF YOU LOOSE, APPEAL IT! See how long they write dumbass citations. That's one way to get the troopers and deputies to quit writing asshat citations and concentrate on doing their jobs correctly.

Unknown said...

I seriously hope that they don't pull you guys off. I enjoy seeing the bikes with all of the accessories and mods that have been done to them.

bankerbikerchik said...

piratenewstv person....who ARE you?????

Reinkster said...

If you go out of your way to get a ticket on the Dragon, I think it's going to be difficult to defend and win. If you get a ticket for something rather lame, you may have more of a chance at winning.

~Adam

Anonymous said...

Who am I? That's a deep question. Watch our weekly TV show and find out, such as our Friday 13th show about safety and law on the Dragon, before I knew about the 3 fatalities.
http://video.google.com/videoplay?docid=5367135218937834623

My legal research into those 3 fatalities on the Dragon reveal several legal causes of action proving govt negligence, that the victims' families might use to win in court, and which would reduce or eliminate future fatalities on the Dragon:
http://www.smokymountainriders.com/viewtopic.php?t=376
http://www.smokymountainriders.com/viewtopic.php?p=3627
http://piratenews.org/warning-to-bikers-on-deals-gap-dragon129.html

The police state has always been bad in East TN, so I moved to Europe for 8 years, drove 130mph LEGALLY for many hours on the Autobahn highway, and drove race cars against the highest paid drivers in the world today, including Indy 500 winners and Formula One world champs. Now I'm a disabled military veteran who has criminally prosecuted 100s of criminals employed by govt, including soldiers, commanders, police, politicians, judges, court clerks and govt contractors. My family includes lawyers, judges and politicians, and I've worked as a paralegal investigator in wrongful death cases perped by govt and police, and class actions against police and govt for running car-theft rackets in Knoxville. I got over 100 KPD employees and contractors fired for theft, fraud and extortion. I've won traffic ticket trials in Knox County and Blount County. I always file criminal charges against police when they try to prosecute me for the "crime" of driving safely.

Here's more info, including a video of BC deputy threatening to arrest me for videotaping on the Dragon.
http://one.revver.com/watch/244981
http://www.youtube.com/watch?v=WSEXTI6YoWU

Here's video and trial transcripts of my victory in Blount County general sessions court, which sets legal precedent for dismissal of ALL traffic tickets in Blount County. That ticket was for the crime of driving safely at 5mph on a rural highway:
http://piratenews.org/how-to-win-in-dragon-court.html

Now I'm too sick and broke to move away and escape the evil police state, so I have to stay in East TN and fight for the US Constitution, against the criminal anti-American Communist police state death squads doing everything they can to overthrow USA.

John Lee, executive producer
PIRATE NEWS TV
1am Saturdays on CTV
Charter Channel 6
Comcast Channel 12
Knoxville TN
Winner Best Filmed Music
L.A. Indies Awards 2006
Winner Best Music Video
Los Angeles Music Awards 2005
Winner Best Website
TenneSeed Technology in Business
Tennessee Collegiate Website Design Contest 2000
http://PirateNews.org
http://DealsGapDragon.com

Jimbozcrazy said...

LOL like I said, I have the means to make it way more expensive to the state than the fine they give me. Don't get me wrong, I'm not going to ride a wheelie in past a trooper. I'm just going to ride as I normaly do and PRAY they cite me. No silly stunts, just ride, but aggresively.

McClay said...

Alright..... I'm not going to let two people of questionable mental stability keep me from visiting this weekend....but I sure hope I dont run into them trying to prove that the local police kidnapped the Lindburg baby. I quess living in europe didn't teach that guy anything. East Tenn Police (locals and state)aren't trying to brainwash the motoring public to give their virgin daughters up to the government. They are just trying to keep too many people from killing themselves or someone else by driving in the unsafe mannor we see here on these pictures every week. Just once go with the Troopers as they make notification to a family that one of their children has been killed in a traffic crash that could have been avoided by simply slowing down a little bit and you just might gain the wisdom you seem to have missed somewhere. Just once look on the face of a mother that just heard the news that her 16 year old son will never again draw breath. Thats getting a little deep so I'll end MY diatribe....see ya on the gap........

Jimbozcrazy said...

mcclay, let's talk more about questionable mental stability once you get a ticket you don't deserve. Once that happens, you might just see some reasonable aspect of not laying down for it and letting a badge heavy police officer roll over the top of you. Again I'll state that not all police officers are bad. But saying that none of them are or that all of them are "just doiing their job" would be similarly foolish. If no one takes a stand against injustice, it will overtake justice. Troopers have the ability to choose who they stop. If they choose to sit and issue RADAR tickets on the dragon... they deserve to spend time in court defending thier actions. Plenty of citations can be issued to lane crossers who are MUCH more dangerous to all those mother's children who might never draw breath again... Ride safe brother...

James

McClay said...

James, you are so right. Your argument is compelling and plainly stated. Thank you. Maybe I can't relate to the injustice of a ticket underserved. I have gotten my share of tickets over the years and have never gotten one for nothing. One thing I can state is that OUR ability (motoring public car and bike) to avoid others doing dangerious things are impaired by OUR speed. After riding bikes for more than 35 years(and over a half million miles) I have learned the hard way that my ability to stay safe is directly related to MY speed. The pirate guy is not doing us (killboy bloggers) any favors by missinforming us to the realities of traffic enforcement in Tenn. I have found that staying closer to the speed limit has in a way freed my from the worries of Police contact and given me a better chance to avoid the other people who don't. Maybe with age does come wisdom. I sure hope so in my case. Thank you again and ride safe too.
Clay

Jimbozcrazy said...

Your point is also true and very well stated. Being the stepson of one of the crooked cops has given me a drive at times to uncover more of what I know exists.

Although I feel compelled now to make this statement as well. To all LEO's out there doing it right and upholding justice, thank you. Please keep doing exactly that. Please consider taking a stand against officers whom you know to be "bad apples"... you know who you are out there.

I agree also with mcclay in respect to the cut and paste tactics on Pirate, although I also agree with his message (for the most part). It looses the personal touch it needs to be effective when simply cutting and pasting.

See ya'll out there and lets look out for each other...

McClay said...

aaahhhh.. the sound of civility. Nice aint it....see ya'll thursday