Dear Mr. Lee:
I am writing to again request that you remove any reference to me or my office from your website. Specifically, and not limited to the reference on:
http://dragonaters.blogspot.com/2011/03/court-tdot-say-dragon-speed-limit-is-65.html wherein you state:
The Dragonater wins again in Blount County traffic court! The Blount County attorney general (an "officer of THE COURT") refused to prosecute a 60 MPH speeding ticket on the Dragon. According to Blount County Public Defender J Matthew Elrod (an "officer of THE COURT"), based on the lack of mandatory Traffic Engineering Survey Speed Audit by TDOT. the speed limit on the Dragon at Deals Gap now officially defaults to 65 MPH, as required by TN Code. Even a TN state trooper admitted on video that the Highway Patrol, Blount County deputy sheriffs and Blount County courts have no jurisdiction on portions (or all) of the Dragon, that it's now Federal jurisdiction. Judge Brewer (an "officer of THE COURT") promptly ordered this case dismissed "off the record" ~ so fast it's not even on the court reporter's transcript ("bench conference" without defendant present at the "bar").
Per our last phone conversation as well as many other previous conversations, the speed limit on US 129 has not changed from the posted speed limits throughout the length of US 129. The State's decision not to prosecute your case had no bearing on the posted speed limit. The statements wherein you reference changes to the posted speed limits are false and misleading and need to be removed as they do not reflect any advice or opinion on the part of myself or my office.
To again clarify the situation, I will recount the specific details of my representation. I was appointed to represent you on an alleged speeding offense. We reset your case to a future date in order to prepare for hearing. After speaking to the Assistant District Attorney General about your choice to go forward with your case the Assistant District Attorney General made the decision to not go forward with the prosecution, which was a nolle prosequi on behalf of the State. This was announced in Court on March 7, 201 1 . Once more, the State may elect to nolle prosequi a case based on an infinite list of reasons. Nevertheless, that decision has no affect on the actual speed limit on US 129. I have specifically informed you of this fact several times by phone and in person, and I do so for the last time by letter. The State's decision to nolle prosequi your case is dispositive of nothing other than the State did not wish to prosecute your case any further.
With regard to the expunction of the speeding charge from your records, once I have a chance to see the Assistant District Attorney General I will request he sign the order and 1 will deliver that to Judge Brewer for his signature. I expect that to be done April 7, 201 1 at the earliest.
With regard to the costs you incurred in your case, I was able to speak to Betty McKcnzie in the cost collection department of the clerk's office who informed me that the reason for the costs was for the service of an out of county subpoena. If you have any further questions you may contact her.
I hope this letter answers the questions you had for me and hopefully clarifies that the speed limit on US 129 has not changed as a result of your case. If you have any further questions you may reach me at the above address.
Yours Sincerely, etc.
J. Matthew Elrod, Esq.
Assistant District Public Defender