[00:00.000 --> 00:10.080] The recent state of suicide bombings in Iraq highlights the quandary facing Barack Obama [00:10.080 --> 00:15.700] as he tries to end the war. Obama has already angered his liberal base by ramping up troops [00:15.700 --> 00:21.840] in Afghanistan and missing the deadline to shut down Guantanamo. After NATO helicopters [00:21.840 --> 00:27.940] in Afghanistan fired rockets at a vehicle convoy killing 21 people, women frantically [00:27.940 --> 00:34.440] waved head scarves to try to stop the attack. Hossein Dilbaryan, a survivor of the strike [00:34.440 --> 00:40.240] said quote, the killers should be handed over to us, we don't want anything else. Just [00:40.240 --> 00:46.600] over 14 million guns were bought in the US last year, more guns than the combined armies [00:46.600 --> 00:49.400] of the top 21 countries in the world. [00:49.400 --> 00:58.800] Top of the hour news brought to you by INN World Report. Barack Obama Wednesday endorsed [00:58.800 --> 01:04.400] a risky legislative maneuver to complete health care reform. The President indicated support [01:04.400 --> 01:09.800] for a strategy that includes the budget maneuver known as reconciliation which would protect [01:09.800 --> 01:15.320] the final bill from a republican filibuster in the Senate. But completing the job would [01:15.320 --> 01:20.480] require weeks of complicated parliamentary tactics that republicans have pledged to challenge [01:20.480 --> 01:25.960] at every turn. Under the plan the House would pass the legislation approved Christmas Eve [01:25.960 --> 01:31.720] by the Senate. Both chambers would then pass a reconciliation bill that consists of fixes [01:31.720 --> 01:37.520] to address House concerns with the smaller more moderate Senate bill. Obama didn't mention [01:37.520 --> 01:43.160] reconciliation by name but said the legislation now stalled in Congress, quote, deserves the [01:43.160 --> 01:49.080] same kind of up or down vote that was cast on welfare reform, the children's health insurance [01:49.080 --> 01:55.720] program and both Bush tax cuts. These programs were passed under reconciliation rules which [01:55.720 --> 02:02.000] enabled the Senate to act with a simple majority. [02:02.000 --> 02:06.640] Congressional employees who don't pay their taxes could be fired if Representative Jason [02:06.640 --> 02:12.080] Chaffetz gets his way. Chaffetz will introduce legislation Thursday that would allow Capitol [02:12.080 --> 02:17.120] Hill offices to fire the hundreds of Senate and House staffers who owe the government [02:17.120 --> 02:22.160] millions of dollars. According to figures from the IRS, Office of Personnel Management [02:22.160 --> 02:29.880] and the Pentagon, 447 House employees and 231 Senate workers didn't pay their taxes [02:29.880 --> 02:36.680] in 2008. Chaffetz said, quote, we have over 600 staffers on Capitol Hill not paying their [02:36.680 --> 02:42.240] taxes. That's just not acceptable, adding, it's disingenuous to take federal taxpayer [02:42.240 --> 02:47.960] dollars and not pay your full share of taxes. Federal employees in the House of Representatives [02:47.960 --> 02:52.480] owed more than 5.8 million in unpaid taxes in 2008. [02:52.480 --> 03:10.080] Top of the hour news brought to you by INN World Report. [03:23.080 --> 03:34.080] Bad boys, what you want, what you want, what you gonna do? We lose and it's unbroken for you. [03:34.080 --> 03:42.080] Tell me, what you wanna do, what you gonna do? Yeah! [03:42.080 --> 03:47.680] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you? [03:47.680 --> 03:53.280] Bad boys, bad boys, what you wanna do, what you gonna do when they come for you? [03:53.280 --> 03:59.280] When you were eight and you had bad traits, you'd go to school and learn the golden rule, [03:59.280 --> 04:03.880] so why are you acting like a bloody fool? If you get hot then your mouth gets crude. [04:03.880 --> 04:09.480] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you? [04:09.480 --> 04:15.080] Bad boys, bad boys, what you gonna do, what you gonna do when they come for you? [04:15.080 --> 04:20.520] You chuck it on that one, you chuck it on that one, you chuck it on your mother and you chuck it on your father [04:20.800 --> 04:23.520] You chuck it on your brother and you chuck it on your sister [04:23.700 --> 04:25.820] You chuck it on that one and you chuck it on me [04:29.820 --> 04:33.320] Alright Bad Boys Bad Boys what are you gonna do [04:35.320 --> 04:38.480] Randy Eddi Deborah [04:40.600 --> 04:43.400] And tonight Eddi has [04:43.400 --> 04:48.320] Tonight, Eddie has some stuff that he wants to go over. [04:48.320 --> 04:51.480] He wants to go over some statute, right, Eddie? [04:51.480 --> 04:53.200] Yes, actually. [04:53.200 --> 04:54.760] All right, very good. [04:54.760 --> 04:57.880] And callers, the callers that got all stacked up [04:57.880 --> 04:59.840] at the end of the show on Monday, [04:59.840 --> 05:01.560] feel free to call back in when we have, [05:01.560 --> 05:02.960] because we will have more time tonight. [05:02.960 --> 05:04.960] But don't wait till the last minute, please. [05:04.960 --> 05:06.880] All right, go ahead, Eddie. [05:06.880 --> 05:11.240] Okay, I've been going through the old statutes here. [05:11.240 --> 05:16.120] When I say old, the 1977 Vernon Civil statutes annotated. [05:16.120 --> 05:20.440] And I am in the section dealing with state highways [05:20.440 --> 05:22.280] and vehicle registration. [05:22.280 --> 05:27.280] And I am in section 60 of article 6687-1. [05:28.120 --> 05:31.080] And this paragraph reads this way. [05:31.080 --> 05:33.080] The provisions of this act shall not apply [05:33.080 --> 05:35.480] to vehicles owned or operated by the federal government [05:35.480 --> 05:37.680] or any of its agencies unless such vehicle [05:37.680 --> 05:39.760] is sold to a person required under this act [05:39.760 --> 05:42.000] to procure a certificate of title. [05:42.000 --> 05:43.720] In which event the provisions hereof [05:43.720 --> 05:46.360] shall be fully operative as to such vehicle, [05:46.360 --> 05:48.680] but shall apply to vehicles owned or acquired [05:48.680 --> 05:51.720] by the state of Texas, any county, city, school, district, [05:51.720 --> 05:54.320] or any other subdivision of state government. [05:54.320 --> 05:57.080] Provided, however, that the provisions of section 57 [05:57.080 --> 05:59.600] of this act requiring the payment of fees [05:59.600 --> 06:02.040] shall not apply to vehicles owned or acquired [06:02.040 --> 06:05.120] by the state of Texas, any county, city, school, district, [06:05.120 --> 06:08.320] or any other subdivision of state government. [06:08.320 --> 06:11.440] Now everybody remembers that we talked about last week [06:11.440 --> 06:15.720] that in the front of this book there is a signature sheet [06:15.720 --> 06:18.400] that's basically a certificate of authentication [06:18.400 --> 06:20.480] by the Secretary of State of Texas, [06:20.480 --> 06:22.920] signifying that these statutes are a true [06:22.920 --> 06:26.280] and correct copy of the 1925 statutes. [06:27.240 --> 06:32.240] Well, the section I just read you was revised, okay? [06:32.240 --> 06:37.240] And this is how it originally read before they revised it. [06:39.160 --> 06:41.320] See if you can figure out what's different. [06:42.240 --> 06:44.640] The provisions of this act shall not apply [06:44.640 --> 06:47.280] to motor vehicles not required to be registered [06:47.280 --> 06:49.360] or licensed under the laws of this state, [06:49.360 --> 06:52.640] then effective, nor to motor vehicles owned or operated [06:52.640 --> 06:55.120] by the federal government or any of its agencies, [06:55.120 --> 06:57.680] the state of Texas, or any municipal government, [06:57.680 --> 07:00.960] unless such motor vehicle is sold to a person required [07:00.960 --> 07:03.680] under this act to procure a certificate of title. [07:03.680 --> 07:06.640] In which event the provisions hereof shall be fully [07:06.640 --> 07:09.200] operative as to such motor vehicle. [07:09.200 --> 07:13.040] Now, what was missing? [07:13.040 --> 07:16.720] Motor vehicles not required to be licensed. [07:18.240 --> 07:22.760] Not required to be registered or licensed in this state. [07:22.760 --> 07:27.760] It seems like they dropped an independent clause. [07:28.240 --> 07:29.080] Yes, they did. [07:29.080 --> 07:31.720] An entire independent clause and- [07:31.720 --> 07:33.720] And it makes a substantial change [07:33.720 --> 07:38.360] in the meaning of the statute. [07:38.360 --> 07:39.440] That is correct. [07:40.480 --> 07:43.320] A substantive change in such a way [07:43.320 --> 07:46.800] that it can no longer possibly be in compliance [07:46.800 --> 07:49.560] with the 1925 statutes. [07:49.560 --> 07:51.280] It just can't be. [07:51.280 --> 07:53.880] Not if it's going to say what it said before [07:53.880 --> 07:56.440] when it was certified in 47 to be a true [07:56.440 --> 07:59.560] and correct copy of the 25 statutes. [07:59.560 --> 08:02.360] How could that be possible that the law itself [08:02.360 --> 08:06.160] does not change the statutes based upon it does, [08:06.160 --> 08:09.040] and then it still remains a true and correct copy [08:09.040 --> 08:10.480] of the original? [08:10.480 --> 08:12.520] I've yet to figure out how they managed to come away [08:12.520 --> 08:14.520] with saying that's gonna work. [08:17.600 --> 08:18.440] But- [08:18.440 --> 08:20.280] Well, the law didn't change, [08:20.280 --> 08:22.800] just the meanings of the words changed. [08:22.800 --> 08:25.280] Oh, is that what it is? [08:25.280 --> 08:28.280] Yeah, you can't remove that entire sentence there, [08:29.680 --> 08:32.280] that independent sentence no less, [08:32.280 --> 08:34.280] and say that it's true and correct copy. [08:34.280 --> 08:36.840] There's no way because you completely obliterated [08:36.840 --> 08:39.880] out of that statute something the old statutes [08:39.880 --> 08:43.880] must surely have to be part of. [08:44.760 --> 08:48.200] And so how can you omit that where it specifically states [08:48.200 --> 08:53.200] that it is exempt from being applied to vehicles [08:53.800 --> 08:57.800] that do not have to be licensed or registered in this state? [09:00.240 --> 09:03.160] But I wanted to bring that up and point it out to folks [09:03.160 --> 09:05.280] and see what they thought about it, [09:05.280 --> 09:10.280] because personally, I think there's an issue here. [09:12.560 --> 09:14.200] I think it sucks. [09:14.200 --> 09:16.720] I'm mad as hell and I'm not gonna take it anymore. [09:16.720 --> 09:19.200] This is definitely an issue we need to put [09:19.200 --> 09:20.040] in front of a court. [09:21.560 --> 09:24.840] Yeah, I totally agree. [09:24.840 --> 09:26.600] But I mean, when they took this out [09:26.600 --> 09:29.600] and they're admitting in the old statute [09:29.600 --> 09:34.120] that there are types of vehicles [09:34.120 --> 09:36.840] that are not required to be licensed or registered. [09:39.720 --> 09:43.360] So I got an issue with this. [09:43.360 --> 09:45.960] That's absolutely a substantive change. [09:45.960 --> 09:48.440] So how do we go about addressing that? [09:50.360 --> 09:52.760] Shoot them, just shoot them. [09:52.760 --> 09:57.760] Well, we need to bring it up in a municipal court, [09:58.800 --> 10:02.760] but we have to find a way to get past the county court [10:02.760 --> 10:07.280] because an appeal from the municipal court [10:07.280 --> 10:08.760] to the county, [10:08.760 --> 10:13.760] is the only appeal you have in a Class C misdemeanor. [10:13.840 --> 10:18.840] The county court is the quarterfinal of last resort. [10:21.160 --> 10:26.160] So we have to find a way to make some type [10:26.720 --> 10:28.760] of assertion or allegation [10:28.760 --> 10:31.600] that moves beyond the Class C misdemeanor. [10:32.600 --> 10:35.760] We're gonna file an appeal to the county court [10:35.760 --> 10:38.760] to get past the Class C misdemeanor. [10:38.760 --> 10:39.600] We're gonna file in suits, [10:39.600 --> 10:40.960] the only way that's gonna happen. [10:43.560 --> 10:45.920] Unless we file a counter criminal claim [10:45.920 --> 10:47.840] that their enforcement of the Class C [10:47.840 --> 10:52.840] brings on that first class felony there. [10:55.160 --> 10:58.520] Well, you could file a suit in district courts [10:59.400 --> 11:01.720] and that would be even above the county court. [11:02.760 --> 11:05.120] Yeah, but it costs a couple of hundred bucks to do that. [11:05.120 --> 11:08.680] Well, see, here's the problem with the appeals too. [11:08.680 --> 11:11.440] Like if you wanna appeal the tickets, [11:11.440 --> 11:15.960] you have to lay out an amount of money for a bond [11:15.960 --> 11:17.680] that is double what the ticket is. [11:17.680 --> 11:19.480] And then they never, [11:19.480 --> 11:22.200] and see, this is what someone suggested to me before that. [11:22.200 --> 11:24.480] Why don't you just file an appeal of the ticket [11:24.480 --> 11:27.680] because then they'll never schedule a hearing on the appeal. [11:27.680 --> 11:30.200] And then the ticket just sort of becomes a moot point [11:30.200 --> 11:31.560] and it just goes away. [11:31.560 --> 11:34.000] Well, apparently that's true. [11:34.000 --> 11:35.520] We looked into it and that's pretty much [11:35.520 --> 11:36.880] exactly what happens. [11:36.880 --> 11:39.520] And so the ticket never gets counted against your record. [11:39.520 --> 11:42.760] It's not really like the ticket just magically goes away. [11:42.760 --> 11:45.360] It just sort of goes into limbo [11:45.360 --> 11:48.200] and it never gets counted against your record. [11:48.200 --> 11:51.480] But the problem is you have to lay down [11:51.480 --> 11:52.320] an amount of money, [11:52.320 --> 11:57.040] twice the amount of what the ticket is in order to appeal. [11:57.040 --> 12:01.480] But that looks like exactly what is gonna need to happen [12:01.480 --> 12:04.400] because what happens is, [12:04.400 --> 12:06.920] and I've seen this before with friends of mine, [12:06.920 --> 12:08.800] they'll file these counter complaints [12:08.800 --> 12:10.840] and start doing all these things, [12:10.840 --> 12:13.440] these remedies that we've been discussing. [12:13.440 --> 12:17.760] But then while you're waiting for the hearings [12:17.760 --> 12:20.120] and waiting for responses to your motions [12:20.120 --> 12:22.720] from the other side and all these sorts of things, [12:23.640 --> 12:26.240] the ticket, it's already been ruled against you. [12:26.240 --> 12:29.000] And so then you get a warrant out for your arrest. [12:29.000 --> 12:33.200] And so then you end up having to pay anyway [12:33.200 --> 12:35.440] so that you don't get arrested and thrown in jail. [12:35.440 --> 12:37.960] And so then everything becomes a moot point. [12:37.960 --> 12:40.240] And so what I'm wondering is, [12:40.240 --> 12:42.040] guys, this is my question, [12:42.040 --> 12:44.440] in events like this when people get these tickets [12:44.440 --> 12:46.760] and of course they're gonna get ruled against out of hand [12:46.760 --> 12:48.360] in these municipal courts [12:48.360 --> 12:51.200] and your counter complaint gets dismissed [12:51.200 --> 12:53.560] by the municipal judge and on and on and on, [12:53.560 --> 12:58.560] can we go ahead, plunk down the money for the appeal [12:59.040 --> 13:01.920] and then sue to get it back later [13:01.920 --> 13:04.000] when they never schedule a hearing? [13:04.000 --> 13:06.520] I mean, is there any way to force them, [13:06.520 --> 13:08.400] force the county court to go ahead [13:08.400 --> 13:10.720] and do an appeal hearing on this thing [13:10.720 --> 13:13.360] and then just get the money back later? [13:13.360 --> 13:14.880] Well, we have another problem. [13:14.880 --> 13:16.040] What? [13:16.040 --> 13:20.560] The Speedy Trial Act has been overturned [13:20.560 --> 13:23.040] and the legislature has never readdressed [13:23.040 --> 13:24.720] the Speedy Trial Act. [13:24.720 --> 13:28.080] So the courts act as though the Speedy Trial, [13:28.080 --> 13:30.800] the repeal of the Speedy Trial Act [13:30.800 --> 13:33.160] repealed the constitutional right. [13:34.680 --> 13:36.000] Along with others. [13:36.000 --> 13:39.080] Yeah, now they act as though they can take forever. [13:41.280 --> 13:43.960] So that's another issue we have to adjudicate. [13:45.760 --> 13:48.880] Well, I guess I'm just discussing the strategy [13:48.880 --> 13:52.320] here of what would be the next thing to do. [13:52.320 --> 13:55.480] I mean, I guess it depends on what county you're in [13:55.480 --> 13:58.480] as far as the warrant issue, but yeah, [13:58.480 --> 14:01.280] your liberty is definitely at stake here [14:01.280 --> 14:02.280] with these traffic tickets, [14:02.280 --> 14:05.000] because if you don't appeal the ticket [14:05.000 --> 14:07.680] once it gets ruled against you in the municipal court, [14:07.680 --> 14:12.680] while you're doing all these other Jedi ninja maneuvers, [14:13.560 --> 14:15.680] they're gonna put out a warrant for your arrest. [14:15.680 --> 14:17.480] And so you have to deal with that. [14:17.480 --> 14:19.560] Well, let me throw a carrot out there [14:19.560 --> 14:21.960] and see what you think about this, Randi. [14:21.960 --> 14:24.080] One of our listeners went to court [14:24.960 --> 14:27.760] and he got trashed in municipal court, [14:27.760 --> 14:29.920] which of course we expect to happen, [14:29.920 --> 14:33.120] and went to the county court on his Trial de Novo. [14:33.800 --> 14:36.800] Now, explain how this works. [14:36.800 --> 14:41.080] The Trial de Novo, for all intents and purposes, [14:41.080 --> 14:43.680] is basically a mulligan, a do-over. [14:43.680 --> 14:45.000] As if it never occurred, [14:45.000 --> 14:48.360] as if it never occurred, isn't that the correct word for it? [14:50.080 --> 14:53.200] Yet, the county court insists [14:53.200 --> 14:56.400] that even though the municipal court itself [14:56.400 --> 14:59.200] lacked jurisdiction to hear the case, [15:00.600 --> 15:04.200] that now the county court, because it's an appeal, [15:04.200 --> 15:08.840] automatically and irrevocably assumes jurisdiction. [15:08.840 --> 15:13.440] Now, explain that to me. [15:19.440 --> 15:20.480] Randi? [15:20.480 --> 15:23.760] I'm thinking, and my head hurts. [15:23.760 --> 15:25.760] Okay, the county court assumes jurisdiction [15:25.760 --> 15:27.560] because you appeal to the county court [15:27.560 --> 15:29.480] and you give the county court jurisdiction [15:29.480 --> 15:31.800] to hear the challenge to the jurisdiction [15:31.800 --> 15:33.040] in the municipal court. [15:33.040 --> 15:34.640] But they won't hear the jurisdiction. [15:34.640 --> 15:36.320] They just proclaim that they're just gonna proceed. [15:36.320 --> 15:37.480] And that's criminal. [15:37.480 --> 15:38.960] Exactly. [15:38.960 --> 15:43.960] So, we can't talk about the law as it's supposed to be [15:45.040 --> 15:48.080] and then mix in with how it actually is. [15:48.080 --> 15:50.400] Right, but that's how the judges are doing it. [15:50.400 --> 15:52.120] We understand that. [15:52.120 --> 15:54.200] The judges are corrupt. [15:54.200 --> 15:55.360] They don't follow law. [15:55.360 --> 15:56.280] I understand that, [15:56.280 --> 15:58.760] but that doesn't change how the law is written. [15:58.760 --> 15:59.600] Well, wait a minute. [15:59.600 --> 16:02.280] How come there's a Trial de Novo on an appeal? [16:02.280 --> 16:04.120] I thought that... [16:04.120 --> 16:06.880] Well, see, that's the thing, they're mixing rules. [16:06.880 --> 16:09.480] Okay, there's not always a Trial de Novo. [16:09.480 --> 16:13.000] There's only a Trial de Novo from a court [16:13.000 --> 16:15.200] that's not a court of record. [16:15.200 --> 16:16.040] Oh, okay. [16:16.040 --> 16:17.080] If it's a court of record, [16:17.080 --> 16:18.760] then you have to appeal on error. [16:20.240 --> 16:22.760] They're just trying to make it more difficult [16:25.240 --> 16:29.960] because most proceeds don't know how to make the record [16:29.960 --> 16:34.040] and don't know how to set points of error [16:34.040 --> 16:37.800] and argue points of error. [16:37.800 --> 16:39.000] Well, setting points of error [16:39.000 --> 16:41.520] in a court of no record is a virtual impossibility. [16:43.520 --> 16:45.680] That's why it's de novo, you don't have to. [16:46.720 --> 16:48.440] Yeah, but if the court's gonna deny you [16:48.440 --> 16:50.040] the argument of jurisdiction [16:50.040 --> 16:52.200] based upon the presumption of jurisdiction [16:52.200 --> 16:54.360] simply because now they wanna say [16:54.360 --> 16:57.360] that the de novo is actually being treated as an appeal, [16:58.360 --> 17:00.200] that puts you in a catch-22. [17:00.200 --> 17:02.600] Do you feel tired when talking about important topics [17:02.600 --> 17:03.960] like money and politics? [17:03.960 --> 17:04.800] Boring. [17:04.800 --> 17:06.560] Are you confused by words like the Constitution [17:06.560 --> 17:07.640] or the Federal Reserve? [17:07.640 --> 17:08.480] What? [17:08.480 --> 17:09.600] If so, you may be diagnosed [17:09.600 --> 17:12.920] with the deadliest disease known today, stupidity. [17:12.920 --> 17:14.720] Hi, my name is Steve Holt [17:14.720 --> 17:16.360] and like millions of other Americans, [17:16.360 --> 17:19.240] I was diagnosed with stupidity at an early age. [17:19.240 --> 17:21.960] I had no idea that the number one cause of the disease [17:21.960 --> 17:25.200] is found in almost every home in America, the television. [17:25.200 --> 17:27.280] Unfortunately, that puts most Americans [17:27.280 --> 17:30.280] at risk of catching stupidity, but there is hope. 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[18:00.480 --> 18:05.480] ["Look What We Got"] [18:30.480 --> 18:35.480] Okay, we're discussing what happens, [18:47.400 --> 18:50.040] okay, we gotta sort out what the law says, really, [18:50.040 --> 18:51.440] the way that it's supposed to be, [18:51.440 --> 18:52.840] and then let's look at what they do [18:52.840 --> 18:54.320] that's in contradiction to that [18:54.320 --> 18:57.080] and then we'll figure out how to go from there. [18:57.080 --> 19:02.080] Well, the part that I'm not understanding [19:02.440 --> 19:05.080] about how they're getting away with this is one, [19:06.960 --> 19:08.240] the Code of Criminal Procedure, [19:08.240 --> 19:09.960] they're gonna say it's a trial de novo, [19:09.960 --> 19:12.480] yet the Code of Criminal Procedure specifically says [19:12.480 --> 19:15.640] that the records from the lower court, [19:15.640 --> 19:18.760] now it doesn't specify just a court of record. [19:19.640 --> 19:21.480] In the case of a trial de novo [19:21.480 --> 19:24.040] from a municipal or justice court, [19:24.040 --> 19:26.560] there shall be a certified copy of the transcript [19:26.560 --> 19:28.800] of the proceedings sent up. [19:29.800 --> 19:31.200] Now, isn't that what it says? [19:33.560 --> 19:36.320] So one, how is there gonna be a certified copy [19:36.320 --> 19:38.880] of a transcript in a court of no record [19:38.880 --> 19:41.400] when the law specifically says there has to be one? [19:45.440 --> 19:48.080] That's an objection we need to bring in the court. [19:48.080 --> 19:53.080] So when we ask to record the proceedings, [19:58.520 --> 20:01.800] we bring up the issue that in order to appeal, [20:01.800 --> 20:04.600] the certified copy of the records [20:04.600 --> 20:07.640] must be forwarded to the county court, [20:08.560 --> 20:11.480] and if there is no record, [20:11.480 --> 20:14.160] then that statute will be violated. [20:14.160 --> 20:17.160] Yeah, I actually have encompassed that fact [20:17.160 --> 20:19.680] in the Fair Trial Motion. [20:22.240 --> 20:23.960] You've asked for a recording? [20:23.960 --> 20:24.800] Yes. [20:26.400 --> 20:28.520] And I specifically pointed out that section [20:28.520 --> 20:32.080] of the statute 44.18 that requires it to be sent up. [20:33.360 --> 20:35.000] You're a good man, Charlie Brown. [20:37.160 --> 20:39.720] Now, as usual, they don't wanna listen to it, [20:39.720 --> 20:40.560] but it's in there. [20:40.560 --> 20:42.400] Okay, that's as usual. [20:42.400 --> 20:44.200] We just have to start hammering them. [20:44.200 --> 20:46.520] Primarily, we have to start hammering the judges. [20:47.880 --> 20:51.480] And we're gonna be writing up some judicial conduct complaints. [20:52.480 --> 20:54.400] Last time I was in court, we had a judge [20:54.400 --> 20:57.640] that really liked to put on a show [20:57.640 --> 21:01.560] as if he was doing everything right. [21:03.080 --> 21:05.960] And I suspect when we hammer his behind, [21:05.960 --> 21:08.480] we're gonna have to start hammering the judges. [21:08.480 --> 21:10.800] I suspect when we hammer his behind, [21:10.800 --> 21:12.840] it's gonna hurt his feelings. [21:14.200 --> 21:15.680] And I hope it does. [21:19.200 --> 21:20.560] I'm all for that. [21:20.560 --> 21:22.960] I had an issue that I wanted to talk about. [21:22.960 --> 21:25.840] I had someone email me about something [21:25.840 --> 21:28.120] that I had had experience with before. [21:28.960 --> 21:31.240] If you have kids and children in school, [21:33.280 --> 21:35.040] in the last few years, [21:35.040 --> 21:38.360] the schools have been using a maneuver [21:38.360 --> 21:41.960] to avoid the Texas Education Agency [21:41.960 --> 21:44.640] Discipline Reporting Requirements. [21:46.080 --> 21:48.560] They wanna look good before the TEA, [21:48.560 --> 21:50.880] so they don't wanna have to report discipline. [21:52.440 --> 21:54.400] So what they're doing to avoid that [21:54.400 --> 21:57.000] is if a child acts out in class, [21:57.000 --> 21:58.240] they just call the police [21:58.240 --> 22:03.080] and have the officer come down and write a ticket. [22:03.080 --> 22:05.040] A ticket for what? [22:05.040 --> 22:06.480] Anything they want to. [22:07.960 --> 22:11.080] And this is what the caller, [22:11.080 --> 22:13.520] the listener emailed me about. [22:14.640 --> 22:16.440] And if he's listening, call him. [22:19.200 --> 22:22.120] But we had this happen in the school [22:22.120 --> 22:23.960] when my kids were going to school, [22:23.960 --> 22:26.160] just after they got out of school. [22:26.160 --> 22:29.000] My kids were going to school just after they got out. [22:30.400 --> 22:33.600] Some parents knew me and they kind of knew [22:33.600 --> 22:36.360] I was a pain in the neck on occasions. [22:36.360 --> 22:38.920] And they came complaining about this, [22:39.920 --> 22:42.840] that the school was calling the police [22:42.840 --> 22:45.200] and having the police write citations [22:45.200 --> 22:47.160] for children acting out in class. [22:48.760 --> 22:51.680] So I went and talked to the local cop [22:53.000 --> 22:54.320] and asked him what was going on. [22:54.320 --> 22:56.520] And he said, yeah, they had been doing that. [22:58.000 --> 23:01.880] And so I asked him under what authority? [23:01.880 --> 23:05.080] He said, well, my authority is a police officer. [23:05.080 --> 23:06.840] Well, you're gonna have to get [23:06.840 --> 23:08.720] a little more specific than that. [23:09.840 --> 23:11.360] The way I read the code, [23:11.360 --> 23:14.920] you can only arrest if you personally see [23:14.920 --> 23:16.200] or hear a defense being committed. [23:16.200 --> 23:17.440] Oh, we don't arrest them. [23:17.440 --> 23:18.280] Oh, you don't. [23:18.280 --> 23:22.960] What do you do if they refuse to sign the citation? [23:24.480 --> 23:27.600] Oh, well, we'd have to take them to jail. [23:27.600 --> 23:28.920] Yeah, see, they're under arrest [23:28.920 --> 23:30.440] until they sign the citation. [23:31.440 --> 23:34.280] And how do you arrest them [23:34.280 --> 23:36.120] if you didn't personally see or hear defense? [23:36.120 --> 23:37.720] That's what I was gonna ask. [23:37.720 --> 23:39.080] How can they write a ticket [23:39.080 --> 23:41.600] for something they didn't see or hear? [23:41.600 --> 23:44.760] Yeah, I was once in court over a minor accident. [23:46.240 --> 23:47.280] It was one of those things [23:47.280 --> 23:49.520] where two of us are pulling out into the road, [23:49.520 --> 23:51.200] both of us are turning left [23:53.000 --> 23:56.400] and we're staggered somewhat away from each other. [23:56.400 --> 23:59.480] The guy across the street is down the road from me. [23:59.480 --> 24:04.000] So I look in the direction of oncoming traffic to my left. [24:04.840 --> 24:08.400] He looks in the direction of oncoming traffic to his left. [24:09.480 --> 24:11.080] Nothing's coming. [24:11.080 --> 24:16.080] So I look to the other side in the lane I'm pulling into [24:16.080 --> 24:19.720] as I pull out, he did the same thing. [24:19.720 --> 24:22.360] And that had both of us looking in opposite direction [24:22.360 --> 24:26.800] when he ran into me, just a minor fender bender. [24:26.800 --> 24:28.400] Policeman come along and said, [24:28.400 --> 24:29.760] you guys, it's getting rush hour. [24:29.760 --> 24:31.800] You really need to get these things out of the street. [24:31.800 --> 24:32.880] Get them up there in their parking lot. [24:32.880 --> 24:34.040] So we did. [24:34.040 --> 24:36.040] And he was a sheriff's deputy, so he went on. [24:36.040 --> 24:38.120] A little while later, a local policeman came along [24:38.120 --> 24:39.200] and wrote me a ticket. [24:41.120 --> 24:44.960] I went to the municipal court and almost got thrown in jail. [24:44.960 --> 24:48.800] The judge objected to me bringing a law book [24:48.800 --> 24:49.840] in his courtroom. [24:51.240 --> 24:55.240] And I sort of had a fit and almost got thrown in jail [24:55.240 --> 24:58.640] that day, but then I filed an appeal [24:58.640 --> 25:00.480] and I had the officer on the stand. [25:01.560 --> 25:04.720] And the first thing I did is ask the officer [25:04.720 --> 25:07.520] if I held up a citation. [25:07.520 --> 25:08.840] Do you recognize this document? [25:08.840 --> 25:09.760] He said, yes, I do. [25:11.760 --> 25:13.040] Is that your name on this document? [25:13.040 --> 25:14.840] He said, yes, it is. [25:14.840 --> 25:16.880] Is this the citation you filed against me? [25:16.880 --> 25:18.520] He said, yes, it was. [25:19.600 --> 25:23.280] So tell me, how were the automobiles positioned [25:23.280 --> 25:24.120] in the street? [25:24.120 --> 25:29.120] I asked him, what did the accident look like [25:29.800 --> 25:31.480] when it happened? [25:31.480 --> 25:34.040] He said, well, I don't know, I wasn't there. [25:35.440 --> 25:36.280] He didn't hear it. [25:36.280 --> 25:37.800] I said, oh, you didn't hear it. [25:37.800 --> 25:40.360] So did you see who pulled out first? [25:40.360 --> 25:42.040] He said, oh, no, no, I didn't see it either. [25:42.040 --> 25:44.080] I was on another call. [25:44.080 --> 25:45.480] You were on another call. [25:45.480 --> 25:49.440] Okay, did you measure the glass patterns in the street? [25:49.440 --> 25:51.640] Well, there was no glass in the street. [25:51.640 --> 25:54.600] Did you measure the black marks in the street? [25:54.600 --> 25:56.640] He said, well, there were no black marks in the street. [25:56.640 --> 25:59.160] Well, how were the cars positioned when you got there? [25:59.160 --> 26:00.000] Oh, they weren't in the street, [26:00.000 --> 26:01.920] they were up in the parking lot. [26:01.920 --> 26:03.600] So how'd you know an accident happened? [26:03.600 --> 26:06.400] Well, I talked to you and the other witness. [26:06.400 --> 26:07.240] Oh, you did. [26:07.240 --> 26:08.640] So tell me, Officer Pringle, [26:09.560 --> 26:11.720] when did you commit aggravated perjury? [26:11.720 --> 26:13.880] When you filled out this citation, [26:13.880 --> 26:14.920] swearing on your oath, [26:14.920 --> 26:17.000] you had personal knowledge that I committed this crime, [26:17.000 --> 26:18.760] or just now when you swore you didn't. [26:19.880 --> 26:23.240] And then prosecutor jumped up, I object, I object. [26:23.240 --> 26:24.400] I do too, Judge. [26:24.400 --> 26:26.080] This is shameful. [26:28.280 --> 26:29.320] That was the point. [26:30.240 --> 26:32.200] And that's the point with this officer. [26:34.000 --> 26:37.480] What authority did you have to arrest someone [26:37.480 --> 26:40.840] for a misdemeanor that you did not personally see [26:40.840 --> 26:41.680] or hear committed? [26:43.200 --> 26:44.880] So this guy was a personal friend of mine, [26:44.880 --> 26:49.400] and I told him, if I hear of you doing that again, [26:50.360 --> 26:53.280] I will personally go to the grand jury [26:53.280 --> 26:57.800] and ask them to indict you for official oppression [26:57.800 --> 27:00.960] and tampering with a government document. [27:02.400 --> 27:04.200] Oh man, you wouldn't do that. [27:04.200 --> 27:05.040] Yeah, I would. [27:05.040 --> 27:07.520] Yeah, you probably would. [27:07.520 --> 27:08.680] And he was right, I would. [27:09.880 --> 27:13.280] And two weeks later, there was a school board meeting [27:13.280 --> 27:14.600] and I went to the school board meeting. [27:14.600 --> 27:15.760] It was a huge meeting. [27:15.760 --> 27:18.720] They had some kind of special deal going on. [27:19.680 --> 27:22.520] And I put my name on the list to speak, [27:23.720 --> 27:26.480] and it was bad for the school board. [27:26.480 --> 27:30.680] They thought I was there to support [27:30.680 --> 27:31.880] whatever they were doing. [27:31.880 --> 27:34.080] And I got up and told them that, [27:34.080 --> 27:36.080] I understand you have been, [27:36.080 --> 27:38.480] your teachers have been calling the police [27:39.680 --> 27:42.000] when children act up in class. [27:43.320 --> 27:45.360] And it is my belief you are doing this [27:45.360 --> 27:47.440] to avoid the Texas Education Agency [27:47.440 --> 27:49.480] Discipline Recording Requirements. [27:51.000 --> 27:53.040] If you do that again, [27:54.320 --> 27:57.560] I will file felony charges against the officer [27:57.560 --> 27:59.840] and the teacher who makes the claims. [27:59.840 --> 28:02.720] The officer and the teacher who makes the call. [28:04.520 --> 28:07.240] Oh, we need to talk about this in executive session. [28:08.920 --> 28:09.960] And we did. [28:11.400 --> 28:14.520] They were just all up in arms and all over me. [28:15.600 --> 28:19.040] The president of the school board was also [28:19.040 --> 28:22.320] a fire chief in Ulysses. [28:23.640 --> 28:26.040] And he really argued against it. [28:26.040 --> 28:29.520] I saw him two weeks later and he apologized to me [28:29.520 --> 28:31.800] he looked at the law and I was right. [28:32.720 --> 28:36.920] If you're out there and you've had experience [28:36.920 --> 28:41.800] with the school calling the police [28:41.800 --> 28:43.880] to handle discipline [28:45.040 --> 28:47.320] and the police come and write a citation, [28:48.360 --> 28:51.200] you need to put a stop to that crapola. [28:52.200 --> 28:55.720] How are we gonna teach our children about justice? [28:55.720 --> 28:58.800] And how are we gonna get them to respect the police [28:58.800 --> 29:02.280] when the schools are abusing the police this way [29:02.280 --> 29:06.640] and getting them to arrest children in the school? [29:08.480 --> 29:11.800] Of all places where they should follow law, [29:11.800 --> 29:13.960] they should do so in the schools. [29:15.320 --> 29:17.800] Frankly, I was a bit torqued. [29:19.560 --> 29:20.880] I didn't take kindly to it. [29:20.880 --> 29:23.320] Well, they don't do that in that school anymore. [29:25.680 --> 29:27.920] I had called the sheriff's department once [29:27.920 --> 29:29.400] and asked them to arrest the school board [29:29.400 --> 29:30.880] so they knew I wasn't kidding. [29:31.880 --> 29:34.400] And anybody else who's had that experience [29:34.400 --> 29:37.880] of their children being subject to criminal prosecution [29:39.080 --> 29:41.440] for discipline problems in school [29:43.120 --> 29:45.920] need to file criminal charges against the officer [29:45.920 --> 29:48.120] and the teacher who makes the call. [29:48.120 --> 29:49.360] Okay, listen, we're going to break. [29:49.360 --> 29:54.080] Callers, if you'd like to call in 512-646-1984, [29:54.080 --> 29:59.080] we got open phone lines, we'll be right back. [30:00.480 --> 30:03.560] Are you the plaintiff or defendant in a lawsuit? [30:03.560 --> 30:06.880] Win your case without an attorney with Jurisdictionary, [30:06.880 --> 30:10.520] the affordable, easy-to-understand 4CD course [30:10.520 --> 30:14.920] that will show you how in 24 hours, step-by-step. [30:14.920 --> 30:18.600] If you have a lawyer, know what your lawyer should be doing. [30:18.600 --> 30:20.120] If you don't have a lawyer, [30:20.120 --> 30:22.520] know what you should do for yourself. [30:22.520 --> 30:25.480] Thousands have won with our step-by-step course [30:25.480 --> 30:27.400] and now you can too. [30:27.400 --> 30:30.480] Jurisdictionary was created by a licensed attorney [30:30.480 --> 30:33.960] with 22 years of case-winning experience. [30:33.960 --> 30:35.880] Even if you're not in a lawsuit, [30:35.880 --> 30:38.440] you can learn what everyone should understand [30:38.440 --> 30:40.520] about the principles and practices [30:40.520 --> 30:42.880] that control our American courts. [30:42.880 --> 30:44.960] You'll receive our audio classroom, [30:44.960 --> 30:49.080] video seminar, tutorials, forms for civil cases, [30:49.080 --> 30:51.680] pro se tactics, and much more. [30:51.680 --> 30:55.880] Please visit ruleoflawradio.com and click on the banner [30:55.880 --> 31:00.000] or call toll-free, 866-LAW-EZ. [31:02.640 --> 31:06.040] Yes, Mr. Officer, you're taking the line ahead. [31:08.680 --> 31:11.080] Won't you follow the law of the land? [31:12.520 --> 31:13.920] I don't understand. [31:15.200 --> 31:18.200] These laws are super-tickle to serve. [31:18.200 --> 31:20.760] Not beef and beans. [31:20.760 --> 31:21.840] Officer? [31:23.480 --> 31:26.040] When you're gonna stop abuse, [31:26.040 --> 31:29.000] you power. [31:29.000 --> 31:31.640] When you're gonna stop abuse, [31:31.640 --> 31:34.520] you power. [31:34.520 --> 31:37.080] When you're gonna stop abuse, [31:37.080 --> 31:40.040] you power. [31:40.040 --> 31:42.560] When you're gonna stop abuse, [31:42.560 --> 31:45.400] you power. [31:45.400 --> 31:48.360] Please, Mr. Michael, I teach officers [31:48.360 --> 31:57.640] Okay, we are back. [31:57.640 --> 32:01.240] All right, we got open phone lines, 512-646-1984. [32:01.240 --> 32:10.440] All right, I want to get back to this traffic ticket issue here as far as like in cases [32:10.440 --> 32:15.400] in counties where it is a court of record, where the municipal court is a court of record [32:15.400 --> 32:19.560] like here in Travis County, and of course you are going to get railroaded by the municipal [32:19.560 --> 32:25.320] court, and here in Travis County, it is one of those counties where once they have ruled [32:25.320 --> 32:31.040] against you, if you do not do something about it, if you do not appeal it or pay it within [32:31.040 --> 32:35.640] a certain length of time, you will get a warrant for your arrest, okay, so your liberties are [32:35.640 --> 32:36.640] at stake here. [32:36.640 --> 32:42.720] This is not just playing fun and games people here, all right, so the thing is like with [32:42.720 --> 32:46.800] a friend of mine that happened, this happened a year or so ago, they did not want to appeal [32:46.800 --> 32:53.760] it because they did not want to pay the double of the ticket, so instead filing these other [32:53.760 --> 32:58.120] motions and things in county court or doing all these other things, well in the meantime [32:58.120 --> 33:01.840] they got a warrant for their arrest, and so they had to just pay it, and then the whole [33:01.840 --> 33:06.080] fight ended up being a moot point because they had to just pay it to get the warrant [33:06.080 --> 33:07.080] off. [33:07.080 --> 33:14.320] And so now we are looking at situation with a different friend, okay, same, almost exact [33:14.320 --> 33:21.920] same situation, now the counter complaint has been dismissed by the municipal court, [33:21.920 --> 33:28.320] and so now we are looking at either having to file a brand new case in district court [33:28.320 --> 33:35.720] like what we discussed in seminar, which is a $250 filing fee, or now you got to appeal [33:35.720 --> 33:41.480] the ticket to the county court, which it caught you, like I was saying before, you have to [33:41.480 --> 33:48.840] plunk down a bond amount that is double the traffic ticket, and then the ticket just goes [33:48.840 --> 33:54.560] away into Ether, so it does not go on your records, so your insurance does not go up [33:54.560 --> 33:59.320] and it does not go on your driving record either, but then it is just like you lose [33:59.320 --> 34:05.480] the money, so they get the revenue anyway, and then as we were discussing, it never, [34:05.480 --> 34:09.120] the appeal hearing never takes place, the county court never schedules it for hearing, [34:09.120 --> 34:14.640] nothing ever happens, so you never get your day in court, and you never, the speedy trial [34:14.640 --> 34:20.600] issue, they are trying to rely on the repeal of that statute, and so I have an idea, Randy, [34:20.600 --> 34:25.200] tell me what you think about this, why not just treat it like any other case, schedule [34:25.200 --> 34:30.360] a motion hearing, then you do not have to worry about the speedy trial thing, so what [34:30.360 --> 34:31.360] about that? [34:31.360 --> 34:39.240] I think that is a great idea, just push them, stand on the judge, schedule a motion hearing, [34:39.240 --> 34:43.600] I mean you do not even have to go to the judge for that, you just go to the clerk, you just [34:43.600 --> 34:52.080] schedule a motion hearing for your appeal that you filed, the appeal petition, you find [34:52.080 --> 34:59.840] out when the judge sits to hear motions, they generally have one day a week that they sit [34:59.840 --> 35:07.280] to hear motions, that is always when I like to call her a judge, because most of the motions [35:07.280 --> 35:09.840] before the court take a couple of minutes. [35:09.840 --> 35:15.960] Well now that is true in the county and those courts, in the municipal court though, they [35:15.960 --> 35:19.120] do not have to have motions hearing because the judge has already denied everything out [35:19.120 --> 35:20.120] of hand. [35:20.120 --> 35:22.960] Well no, I am talking about the county court, Eddie, I am talking about the appeal, when [35:22.960 --> 35:27.600] you appeal the ruling of the municipal court on a traffic ticket, you are appealing to [35:27.600 --> 35:28.600] the county court. [35:28.600 --> 35:32.560] Well no, I understand that part. [35:32.560 --> 35:38.320] Actually the municipal court sit, they have the pre-trial hearing, that is a motion hearing. [35:38.320 --> 35:44.720] Okay, well I was talking about an appeal on a traffic ticket, I thought that that appeals [35:44.720 --> 35:46.360] to the county court. [35:46.360 --> 35:48.160] It does. [35:48.160 --> 35:56.000] And the county court definitely sits to hear motions in one day, they do not want to have [35:56.000 --> 36:01.620] a trial and have 30 attorneys standing there waiting for their motions to be heard. [36:01.620 --> 36:06.320] So they set a day for just motions and then all of them gather up in the court and they [36:06.320 --> 36:09.400] just run them through like cattle. [36:09.400 --> 36:12.080] That is a good day to get, a good time to call her the judge. [36:12.080 --> 36:16.320] Whenever I am trying to bushwhack a judge, I always want to find when he is having motion [36:16.320 --> 36:18.440] hearings. [36:18.440 --> 36:25.520] The one time I called one with a red habeas corpus in Montgomery County, he had me throw [36:25.520 --> 36:28.800] him clean out of the courthouse. [36:28.800 --> 36:29.800] No sense of humor. [36:29.800 --> 36:34.680] He was in the middle of a murder trial and had to stop the murder trial to hear my writ. [36:34.680 --> 36:42.920] Alright, well Randy, okay so say for example in the traffic ticket issue, would you schedule [36:42.920 --> 36:48.280] the motion hearing or would you just go in there and tell the clerk that you want a motion [36:48.280 --> 36:51.800] hearing on that, during the motion hearing day or what? [36:51.800 --> 36:54.120] Yeah, you have to schedule it with the court. [36:54.120 --> 36:56.720] You schedule it with the court ahead of time, with the clerk. [36:56.720 --> 37:01.560] Yes, what you do is you go to the clerk and ask the clerk when does the judge sit for [37:01.560 --> 37:02.880] motion hearings. [37:02.880 --> 37:05.440] Get two dates. [37:05.440 --> 37:12.720] Send the two dates to the prosecutor and ask him which day would be most convenient. [37:12.720 --> 37:15.520] Pick one or the other. [37:15.520 --> 37:20.000] And most likely he will not respond and when he doesn't you pick the one he wants. [37:20.000 --> 37:26.840] You want to petition the court to set a motion hearing for motions, you have to already have [37:26.840 --> 37:27.840] your motions filed. [37:27.840 --> 37:31.680] Now this would be a petition for appeal. [37:31.680 --> 37:37.800] Now would this be the point in time where the judge would either deny your appeal or [37:37.800 --> 37:40.720] would there be something else happen at this hearing? [37:40.720 --> 37:51.640] Well you petition the court for summary dismissal as opposed to reverse and remand and depending [37:51.640 --> 37:59.280] on what your points of error are, if a point of error is critical in that it denied you [37:59.280 --> 38:04.560] due process then you move for summary judgment dismissal. [38:04.560 --> 38:11.200] Now isn't the judge going to be rude to make a ruling if the other side isn't present? [38:11.200 --> 38:16.200] Would you have to serve the other side to let them know what's going on so that they [38:16.200 --> 38:19.000] have to show up too or what? [38:19.000 --> 38:25.440] You don't have to serve them with a citation, just send them standard service, one notice [38:25.440 --> 38:27.920] certified, one regular mail. [38:27.920 --> 38:31.800] To let them know that you schedule a motion hearing on this appeal? [38:31.800 --> 38:33.360] Yes. [38:33.360 --> 38:39.440] And then you have to prepare a document for summary judgment for the judge to sign in [38:39.440 --> 38:42.360] case the other side doesn't show up? [38:42.360 --> 38:43.360] Yes. [38:43.360 --> 38:52.880] And if the judge's coordinator is reluctant to set the case, then you file a motion to [38:52.880 --> 39:00.460] compel and that you just, if I was filing a motion to compel because the clerk wouldn't [39:00.460 --> 39:06.080] set my motion for hearing, I would just go in when they're having motions and do my standard [39:06.080 --> 39:07.600] bushwhack of the judge. [39:07.600 --> 39:08.600] Okay. [39:08.600 --> 39:15.320] Now, how about this, if that is considered the hearing for the petition for appeal, can [39:15.320 --> 39:18.240] you get your money back, your bond at that point? [39:18.240 --> 39:19.240] No. [39:19.240 --> 39:23.680] When do you get your money back for the bond, for the hearing? [39:23.680 --> 39:29.640] When the case is completely adjudicated. [39:29.640 --> 39:35.800] When the judge enters a final order. [39:35.800 --> 39:40.640] So hammer them, nobody does it. [39:40.640 --> 39:45.000] It's fun to go in there and hammer the judge in his court. [39:45.000 --> 39:47.600] When you sneak up on them and bushwhack them, they have no idea what to do. [39:47.600 --> 39:51.880] But the thing is, we can't really bushwhack that much because then the judge is going [39:51.880 --> 39:55.280] to not want to make a ruling on it because the other side isn't present. [39:55.280 --> 40:00.600] I mean, the judge is going to not make, want to not make a ruling on it no matter what. [40:00.600 --> 40:05.880] Well, that's fine, but what you have to do is push them into error. [40:05.880 --> 40:09.600] But we want to at least cover our butts by serving the other side. [40:09.600 --> 40:10.800] Absolutely. [40:10.800 --> 40:17.880] You find out when the judge is going to sit, pick two days, send it to the other side. [40:17.880 --> 40:23.400] If they don't respond, then pick a day, send it, tell them, send it to the other side. [40:23.400 --> 40:26.440] Tell them you've set a motion hearing for this day. [40:26.440 --> 40:28.280] Be there or be square. [40:28.280 --> 40:29.280] That's right. [40:29.280 --> 40:33.040] All right, good. [40:33.040 --> 40:39.420] That way we get around this issue of they just never scheduled a hearing for the appeal. [40:39.420 --> 40:40.420] You just do it. [40:40.420 --> 40:42.320] Just schedule a motion hearing. [40:42.320 --> 40:46.880] And when you go to court, if the judge doesn't hear it, file a judicioconda complaint against [40:46.880 --> 40:47.880] it. [40:47.880 --> 40:50.480] Denying you and your right to petition the court for redress agreement. [40:50.480 --> 40:55.480] Now, can you appeal higher than that if they don't give you your way at that point? [40:55.480 --> 40:57.560] Can you appeal to the district court? [40:57.560 --> 41:03.720] You can go to the district court like with a writ of mandamus, petition for writ of mandamus, [41:03.720 --> 41:08.160] order the court to hear your appeal. [41:08.160 --> 41:13.520] But an appeal from the Class C misdemeanor to the county court is, that's the court of [41:13.520 --> 41:14.520] last resort. [41:14.520 --> 41:17.560] Okay, so you would have to appeal to the Supreme Court after that. [41:17.560 --> 41:22.000] Well, however, you can file complaints against the judge. [41:22.000 --> 41:28.760] Right, but I just want to know what the course of the hierarchy of the courts are. [41:28.760 --> 41:31.440] There is no higher place. [41:31.440 --> 41:34.160] You can't appeal to the Supreme Court of the United States? [41:34.160 --> 41:35.160] No. [41:35.160 --> 41:37.960] I mean, I'm sorry, the Supreme Court of Texas? [41:37.960 --> 41:38.960] No. [41:38.960 --> 41:39.960] Why? [41:39.960 --> 41:43.760] You can go to the Texas Court of Criminal Appeals, but you can't go to the Supreme Court. [41:43.760 --> 41:45.240] Okay, well, yeah, that's what I meant. [41:45.240 --> 41:52.440] Listen, on a Class C misdemeanor, the county court is the court of last resort. [41:52.440 --> 41:54.480] What is that in statute? [41:54.480 --> 41:55.480] Yes. [41:55.480 --> 41:56.480] It sucks. [41:56.480 --> 41:57.480] Yeah. [41:57.480 --> 42:00.640] Well, that wouldn't hold constitutional muster either in my personal opinion. [42:00.640 --> 42:01.640] I was going to say. [42:01.640 --> 42:04.760] I know that, but how many fights are we going to fight at once? [42:04.760 --> 42:09.840] I guess, personally, however many it takes, but that's just me. [42:09.840 --> 42:14.440] That doesn't hold constitutional muster of the state of Texas. [42:14.440 --> 42:22.640] The Supreme Court or the Court of Criminal Appeals are the two highest courts, depending [42:22.640 --> 42:24.640] on what side of law you're on. [42:24.640 --> 42:25.640] Okay. [42:25.640 --> 42:26.640] Understand, the courts are corrupt. [42:26.640 --> 42:31.160] They don't care what the law says, so you've got to beat them up. [42:31.160 --> 42:33.480] File judicial conduct complaints against them. [42:33.480 --> 42:34.480] Sue the judge. [42:34.480 --> 42:42.800] Let them do their little dance, and they get it thrown out, and then, like we did, the [42:42.800 --> 42:49.000] judge got the prosecutor to write his answer, so he sued the prosecutor. [42:49.000 --> 42:51.000] Just give them grief. [42:51.000 --> 42:55.520] Well, what I was actually thinking is the court cases I've been reading on the stripping [42:55.520 --> 43:05.480] doctrine, they pretty much show that the absolute moment a judge disobeys the law, his jurisdiction [43:05.480 --> 43:07.380] is lost. [43:07.380 --> 43:13.680] If that's the case, he can't hear a motion, not for hearing, not for any other reason. [43:13.680 --> 43:18.960] If the entire reason you're there is because the judge himself has already violated law, [43:18.960 --> 43:21.320] what authority does he have to hear the motion? [43:21.320 --> 43:22.320] None. [43:22.320 --> 43:28.520] It doesn't exist because he has already become a trespasser ab initio. [43:28.520 --> 43:32.160] That's exactly why I asked the bailiff to drag the judge down off the bench. [43:32.160 --> 43:33.160] Okay. [43:33.160 --> 43:34.160] All right. [43:34.160 --> 43:35.160] Listen, we're going to break. [43:35.160 --> 43:37.560] I have a couple of comments about this on the other side, and we do have a couple of [43:37.560 --> 43:38.560] callers. [43:38.560 --> 43:42.240] Terry in Michigan, Rex from Texas, will be taking your calls on the other side. [43:42.240 --> 43:44.520] Yeah, I have a couple of ideas here. [43:44.520 --> 43:50.680] If we can't appeal past the county court on class C misdemeanors, I want to ask you guys [43:50.680 --> 43:52.560] what you think about a couple of other ideas I have. [43:52.560 --> 43:53.560] All right. [43:53.560 --> 43:54.560] We'll be right back. [43:54.560 --> 44:05.080] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [44:05.080 --> 44:09.120] Stop debt collectors now with the Michael Mears Proven Method. [44:09.120 --> 44:13.440] Michael Mears has won six cases in federal court against debt collectors, and now you [44:13.440 --> 44:14.760] can win too. [44:14.760 --> 44:19.360] You'll get step-by-step instructions in plain English on how to win in court using federal [44:19.360 --> 44:25.040] civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer [44:25.040 --> 44:29.680] letters and phone calls, how to get debt collectors out of your credit report, how to turn your [44:29.680 --> 44:33.880] financial tables on them and make them pay you to go away. [44:33.880 --> 44:39.000] The Michael Mears Proven Method is the solution for how to stop debt collectors. [44:39.000 --> 44:40.920] Personal consultation is available as well. [44:40.920 --> 44:46.800] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner, [44:46.800 --> 44:49.680] or email michaelmears at yahoo.com. [44:49.680 --> 44:58.680] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [44:58.680 --> 44:59.680] collectors now. [44:59.680 --> 45:21.900] Thank you for listening. [45:21.900 --> 45:24.900] What's your purpose as we die? [45:24.900 --> 45:27.900] Such a symptom of a soldier, a warrior unclogged [45:27.900 --> 45:30.900] Scaffolding and keeping his heat [45:30.900 --> 45:33.900] All they're taking is a misunderstanding [45:33.900 --> 45:35.900] Somebody calls the police [45:35.900 --> 45:38.900] Watching the sparks fly [45:41.900 --> 45:44.900] Watching the sparks fly [45:44.900 --> 45:49.900] Watching the sparks fly [45:52.900 --> 45:56.900] Watching the sparks fly [45:59.900 --> 46:01.900] The friction is an addiction [46:01.900 --> 46:04.900] The hard work can leave you as always nailed [46:04.900 --> 46:07.900] There's hostility, torture and cruelty [46:07.900 --> 46:10.900] A heavy load that they've been unscathed [46:10.900 --> 46:14.900] The time is colliding with the company [46:14.900 --> 46:17.900] You find out after a while [46:17.900 --> 46:19.900] It's not your moral standard [46:19.900 --> 46:22.900] It's your patience that's on trial [46:22.900 --> 46:25.900] Watching the sparks fly [46:28.900 --> 46:31.900] Watching the sparks fly [46:31.900 --> 46:37.900] Watching the sparks fly [46:37.900 --> 47:05.900] Watching the sparks fly [47:07.900 --> 47:10.900] Watching the sparks fly [47:10.900 --> 47:12.900] Watching out on the outpost [47:12.900 --> 47:15.900] The first kiss was so sweet [47:15.900 --> 47:18.900] Don't ever tell me you're fighting for another [47:18.900 --> 47:21.900] Till it's knocking you right over your feet [47:21.900 --> 47:24.900] Use a gun to take you to the struggle [47:24.900 --> 47:27.900] After trying to lighten the lights [47:27.900 --> 47:30.900] Use a gun to voice it and it goes... [47:30.900 --> 47:34.900] Well again, if that changed [47:34.900 --> 47:37.900] And yet it's got a certificate in the front that says [47:37.900 --> 47:40.900] It's a true and correct copy of the 25 statutes [47:40.900 --> 47:42.900] Or 25 laws [47:42.900 --> 47:45.900] Wouldn't that once again be quite a substantive change [47:45.900 --> 47:49.900] Varying from what the law says versus what they've done? [47:49.900 --> 47:52.900] Well I'm concerned that [47:52.900 --> 47:55.900] That would seem to restrict the legislature [47:55.900 --> 47:59.900] From making any changes to the traffic code [47:59.900 --> 48:02.900] No [48:02.900 --> 48:05.900] As long as their changes stay in compliance with the laws [48:05.900 --> 48:08.900] That they haven't changed [48:08.900 --> 48:11.900] Then that shouldn't be a problem [48:11.900 --> 48:14.900] I mean we've got, let's see [48:14.900 --> 48:17.900] 1999 is when they added Chapter 45 [48:17.900 --> 48:20.900] Of the Code of Criminal Procedure, right? [48:20.900 --> 48:23.900] Which deals with trials in municipal and justice courts [48:23.900 --> 48:26.900] Yet we have found that that [48:26.900 --> 48:30.900] Chapter is in conflict in more ways than one [48:30.900 --> 48:33.900] With other parts that came earlier in the code [48:36.900 --> 48:39.900] We've been finding a lot of those [48:39.900 --> 48:41.900] Right [48:41.900 --> 48:44.900] So what you're talking about is a lot of first blush issues [48:44.900 --> 48:47.900] That are extremely difficult, time consuming and costly [48:47.900 --> 48:50.900] To try to adjudicate [48:50.900 --> 48:53.900] Yes, but the ones we found hinge on one thing [48:53.900 --> 48:56.900] Their inconsistencies in the statutes [48:56.900 --> 48:59.900] We have yet to compare them to [48:59.900 --> 49:02.900] The actual underlying law [49:02.900 --> 49:05.900] And that's what I'm thinking is that [49:05.900 --> 49:08.900] Here we are, we're trying to argue the statute [49:08.900 --> 49:11.900] How it's been changed and altered [49:11.900 --> 49:14.900] And nobody seems to care [49:14.900 --> 49:17.900] When the fact is that if it's being certified [49:17.900 --> 49:20.900] As true and correct in accordance with the 1925 law [49:20.900 --> 49:23.900] And it's not somebody's committing [49:23.900 --> 49:26.900] Massive fraud upon the people of Texas [49:26.900 --> 49:29.900] And the Secretary of State's at least one party to that [49:32.900 --> 49:35.900] Well, it's pretty clear that [49:35.900 --> 49:38.900] The courts are committing massive fraud on the people [49:38.900 --> 49:41.900] Of the state of Texas [49:41.900 --> 49:44.900] So if they're going to commit massive fraud [49:44.900 --> 49:47.900] From the get go, they've lost their [49:47.900 --> 49:50.900] Jurisdiction from the get go [49:50.900 --> 49:53.900] Then why don't we just move it out of their ability to hear the case [49:53.900 --> 49:56.900] And file suit against them directly [49:56.900 --> 49:59.900] Under the stripping doctrine [49:59.900 --> 50:02.900] Well, you can absolutely do that [50:02.900 --> 50:05.900] It's just the average individual can't [50:08.900 --> 50:11.900] Well, if you're asking them to be [50:11.900 --> 50:14.900] Full-fledged attorneys now [50:14.900 --> 50:17.900] And not just that, it's not that the courts are going to hold you [50:17.900 --> 50:20.900] To the same standard as an attorney [50:20.900 --> 50:23.900] They're going to hold you to a much higher standard [50:23.900 --> 50:26.900] They're going to make you jump through every legal hoop they can find [50:26.900 --> 50:29.900] And then when they run out of those, they're going to make up a few more [50:29.900 --> 50:32.900] And when you jump through those, they're going to really get you out of hand [50:32.900 --> 50:35.900] So this is a difficult thing to take on [50:35.900 --> 50:38.900] You know, you and I can do it [50:38.900 --> 50:41.900] Okay, well, they were back to my original suggestion [50:41.900 --> 50:44.900] Bring friends in a rope [50:45.900 --> 50:48.900] Well, I'm looking more at filing [50:48.900 --> 50:51.900] Judicial conduct complaints and criminal charges [50:51.900 --> 50:54.900] Against the judge at every turn [50:54.900 --> 50:57.900] We need to start writing letters to our congressmen [50:58.900 --> 51:01.900] And asking them to remove the judges [51:01.900 --> 51:04.900] To a court warrant removal of the judges [51:04.900 --> 51:07.900] Or a petition for a court warrant [51:07.900 --> 51:10.900] Or impeachment of the judges [51:10.900 --> 51:13.900] But it puts the judges in a very bad light [51:13.900 --> 51:16.900] It brings political heat on them [51:16.900 --> 51:19.900] Yeah, and also, sorry listeners, there's a problem [51:19.900 --> 51:22.900] Randy and I were trying to work out issues [51:22.900 --> 51:25.900] With his microphone on the break [51:25.900 --> 51:28.900] And then my mic, I ended up [51:28.900 --> 51:31.900] Not bringing my mic live on the air because I was so distracted [51:31.900 --> 51:34.900] Trying to deal with Randy's technical problems, I'm sorry [51:34.900 --> 51:37.900] The listeners missed a very important discussion [51:37.900 --> 51:41.900] That Eddie and I had on the air a few minutes ago [51:41.900 --> 51:43.900] Because you couldn't hear what I was saying [51:43.900 --> 51:46.900] And what I was talking about was concerning [51:46.900 --> 51:50.900] The necessary steps that one would take [51:50.900 --> 51:52.900] Or some suggested steps that one would take [51:52.900 --> 51:57.900] Regarding appealing a Class C misdemeanor traffic ticket [51:57.900 --> 52:01.900] If the county court is the final court [52:01.900 --> 52:04.900] To make, to hear an appeal on the issue [52:04.900 --> 52:07.900] And listeners, what I was trying to say was that [52:07.900 --> 52:10.900] If the county court was indeed the final court [52:10.900 --> 52:13.900] And the county court ruled against you [52:13.900 --> 52:17.900] Then obviously at that point you would likely get your money back [52:17.900 --> 52:20.900] For the bond that you had plunked down for the appeal [52:20.900 --> 52:24.900] And what I was suggesting was that you take your money at that point [52:24.900 --> 52:28.900] And use part of it to go ahead and pay the traffic ticket [52:28.900 --> 52:30.900] Or else you'll get a warrant for your arrest [52:30.900 --> 52:32.900] And then take the rest of the money [52:32.900 --> 52:36.900] And spend it on the filing fee to file an original [52:36.900 --> 52:41.900] To file as an original plaintiff in the district court of the state [52:41.900 --> 52:46.900] To file lawsuits against the actors in question [52:46.900 --> 52:51.900] And then that way your case would be in the state district court level [52:51.900 --> 52:54.900] And you would be able to appeal, you know [52:54.900 --> 52:57.900] Adverse rulings against you to the state supreme court [52:57.900 --> 53:00.900] Not the court of criminal appeals, but the state supreme court [53:00.900 --> 53:06.900] And so hopefully at some point you would get some kind of remedy through that method [53:06.900 --> 53:09.900] And then basically you would get your money back [53:09.900 --> 53:11.900] And then perhaps be able to go back [53:11.900 --> 53:14.900] And use that to reopen your traffic ticket case [53:14.900 --> 53:16.900] To get it removed from your record [53:16.900 --> 53:19.900] So that's what I was saying [53:19.900 --> 53:22.900] So what do you think about that, Randy? [53:22.900 --> 53:24.900] Okay, can Randy not hear me now? [53:24.900 --> 53:26.900] I was reading the statute [53:26.900 --> 53:32.900] I was trying to find the restriction on appeal in a class in this demeanor [53:32.900 --> 53:35.900] Well, I got something to offer on it, Debra [53:35.900 --> 53:36.900] Okay, good [53:36.900 --> 53:40.900] The problem is with that suggestion [53:40.900 --> 53:44.900] Is that the courts have already handed down rulings that say [53:44.900 --> 53:54.900] Any part of that fine or any other type of tax, lien or levy payment made voluntarily [53:54.900 --> 53:56.900] You waive any right to claim it [53:56.900 --> 53:57.900] I see [53:57.900 --> 54:00.900] So then you would just have to not [54:00.900 --> 54:01.900] You would just have to not pay it [54:01.900 --> 54:04.900] And then just suffer having a warrant for your arrest [54:04.900 --> 54:08.900] While you're trying to get the whole thing thrown out [54:08.900 --> 54:11.900] But even if you're at the state district court level [54:11.900 --> 54:13.900] Then what happens? [54:13.900 --> 54:14.900] I mean [54:14.900 --> 54:19.900] The only thing you can do is seek an injunction against the lower court's warrant [54:19.900 --> 54:20.900] Or get a quash for it [54:20.900 --> 54:23.900] That's really the only thing you're going to be able to do at that point [54:23.900 --> 54:25.900] Okay, okay [54:25.900 --> 54:28.900] Do you agree, Randy? [54:28.900 --> 54:30.900] Yes, I do [54:30.900 --> 54:34.900] Okay, so then you would seek a motion to quash the warrant [54:34.900 --> 54:39.900] So that you wouldn't be having this warrant against you [54:39.900 --> 54:43.900] While you're suing them in the state district court [54:43.900 --> 54:44.900] Right [54:44.900 --> 54:46.900] I mean, this is all very complicated [54:46.900 --> 54:48.900] But people, this is what we're going to have to do [54:48.900 --> 54:52.900] If we want to do something about this extremely corrupt system [54:52.900 --> 54:55.900] It's very, very bad right now [54:55.900 --> 54:58.900] And it's gotten way out of hand [54:58.900 --> 55:01.900] And so we're going to have to do things that are extremely creative [55:01.900 --> 55:03.900] And over the top, outrageous [55:03.900 --> 55:05.900] If we want to take our system back [55:05.900 --> 55:07.900] That's just the way it is [55:07.900 --> 55:12.900] And people are going to have to spend time and a little bit of money and effort doing this [55:12.900 --> 55:14.900] Or else just forget it [55:14.900 --> 55:17.900] I mean, we're going to have to totally commit to this all the way [55:17.900 --> 55:19.900] Or else just may as well not worry about it [55:19.900 --> 55:20.900] And just pay your traffic ticket [55:20.900 --> 55:22.900] And just go on and put your head in the sand [55:22.900 --> 55:25.900] So that's kind of the way I see it [55:25.900 --> 55:29.900] Sorry about my mic not being live earlier [55:29.900 --> 55:31.900] Sometimes it's very distracting having to deal [55:31.900 --> 55:36.900] You know, sometimes Randy has audio technical problems [55:36.900 --> 55:38.900] And so I was having to deal with that on the break [55:38.900 --> 55:40.900] But we'll be right back at any rate [55:40.900 --> 55:42.900] We've got Terry from Michigan and Rex [55:42.900 --> 55:50.900] And we will be right back after this break [56:12.900 --> 56:14.900] We will be right back after this break [56:42.900 --> 56:50.900] This is the information you need to stop the money changers in their tracks [56:50.900 --> 56:55.900] In Baghdad Thursday, 17 people were killed in a string of blasts [56:55.900 --> 56:58.900] As early ballots were cast for Sunday's elections [56:58.900 --> 57:01.900] Thousands of troops deployed across the capital [57:01.900 --> 57:03.900] And convoys of army trucks and minibuses [57:03.900 --> 57:08.900] Ferried soldiers and security personnel to and from polling stations [57:08.900 --> 57:16.900] The percentage of U.S. soldiers unavailable for combat has risen from 11% in 2007 to 16% this year [57:16.900 --> 57:22.900] Nearly 70% of the army's 460,000 enlisted soldiers have been to war [57:22.900 --> 57:29.900] Half of them once, a third of them twice, 13% three times and 4% four times [57:29.900 --> 57:36.900] Brazilian President Luis Ignacio Lula da Silva rebuffed a U.S. appeal for new sanctions on Iran [57:36.900 --> 57:40.900] It was actually a program and vowed not to bow down to international pressure [57:40.900 --> 57:47.900] Top of the hour news brought to you by INN World Report [57:47.900 --> 57:53.900] The U.K. government has plans to stop politically motivated campaign groups using British courts [57:53.900 --> 57:56.900] To secure arrest warrants for visiting foreign officials [57:56.900 --> 58:02.900] The move follows an outcry over attempts to detain high profile figures during trips to London [58:02.900 --> 58:06.900] Including former Israeli Foreign Minister Zippy Livni [58:06.900 --> 58:12.900] Under the proposals, the Crown Prosecution Service will prosecute war crimes and other violations of international law [58:12.900 --> 58:20.900] It will end the current system whereby magistrates have to consider cases for an arrest warrant presented by individual citizens [58:20.900 --> 58:25.900] Senior Israeli officials had spearheaded the protests, expressing disappointment [58:25.900 --> 58:31.900] Britain allowed private individuals to use the courts to allege war crimes and other human rights violations [58:31.900 --> 58:36.900] Livni, currently leader of the opposition, was forced to cancel a trip earlier this year [58:36.900 --> 58:45.900] After discovering a pro-Palestinian group had secured an arrest warrant for alleged war crimes committed during last year's Gaza invasion [58:45.900 --> 58:50.900] Top of the hour news brought to you by INN World Report [58:50.900 --> 58:58.900] Dubai's police chief, Dahi Kalfan Tamim, plans to seek the arrest of Israeli Prime Minister Benjamin Netanyahu [58:58.900 --> 59:02.900] And the head of Israel's spy agency over the murder of a Hamas leader [59:02.900 --> 59:09.900] Tamim says he is almost certain Israeli agents were involved in the killing of Hamas commander Mahmoud Al Mabhou [59:09.900 --> 59:12.900] At a Dubai hotel in January [59:12.900 --> 59:18.900] He called for Mossad's chief, Mayor Dagan, to be arrested if Mossad is proved responsible [59:18.900 --> 59:26.900] Tamim said Monday Mossad had insulted Dubai and western countries by using fraudulent passports in the assassination [59:26.900 --> 59:35.900] Dubai has asked the FBI to look into prepaid cards issued by the US bank, Messer Bank, which 13 of the 27 suspects used [59:45.900 --> 59:50.900] You are listening to the Rule of Law Radio Network at ruleoflawradio.com [59:50.900 --> 59:57.900] Live free speech talk radio at its best [01:00:04.900 --> 01:00:11.900] While debate rages in America over health care reform, it turns out Iraqis already have state guaranteed health care [01:00:11.900 --> 01:00:17.900] Article 31 of the Iraqi constitution drafted by the Bush administration in 2005 [01:00:17.900 --> 01:00:23.900] Includes single-payer health care for life for every Iraqi citizen [01:00:23.900 --> 01:00:32.900] Glenn Boute, a retired soldier, has joined dozens of others in suing KBR for exposure to sodium dichromate, a dangerous chemical [01:00:32.900 --> 01:00:36.900] While he guarded a water treatment plant in Iraq [01:00:36.900 --> 01:00:42.900] KBR has also been sued after 18 soldiers were electrocuted during the Iraq war [01:00:42.900 --> 01:00:48.900] A new survey finds a large majority of doctors say there should be a public option health care plan [01:00:48.900 --> 01:00:54.900] 63% favor public-private competition, while 10% want a single-payer system [01:00:56.900 --> 01:01:03.900] Muntazir al-Zaidi, the Iraqi journalist who threw his shoes at George Bush, marked his release from jail [01:01:03.900 --> 01:01:11.900] by giving a detailed account of being tortured after his arrest and vowed to reveal the names of senior Iraqi officials involved [01:01:11.900 --> 01:01:20.900] Zaidi said, the US intelligence services will use all means to trap and try to kill and liquidate me physically, socially or professionally [01:01:20.900 --> 01:01:29.900] Zaidi defended his assault on Bush, saying, simply put, what incited me toward confrontation is the oppression that fell upon my people [01:01:29.900 --> 01:01:33.900] and how the occupation wanted to humiliate my homeland [01:01:33.900 --> 01:01:41.900] Zaidi said, the criminal murderer is standing here expecting us to throw flowers at him, this was my flower to the occupier [01:01:41.900 --> 01:01:46.900] He described the Bush press conference as an opportunity I could not waste [01:01:51.900 --> 01:01:57.900] Abdullah Abdullah, the leading challenger in Afghanistan's national elections, warned Monday [01:01:57.900 --> 01:02:07.900] if President Hamid Karzai wins another term based on vote fraud, the US-led war against al-Qaeda and the Taliban in Afghanistan will fail [01:02:07.900 --> 01:02:18.900] Abdullah said, we will have a vacuum of power, security and stability, adding, five years of illegitimate rule cannot be sustained by more troops or more resources [01:02:18.900 --> 01:02:23.900] Abdullah was the runner-up in the August presidential election that Karzai quote won [01:02:23.900 --> 01:02:29.900] Evidence of widespread fraud, however, has put a cloud over the outcome, which has yet to be announced [01:02:29.900 --> 01:02:37.900] Abdullah is hoping fraud investigations will strip enough votes from Karzai to force a runoff this autumn or next spring [01:02:37.900 --> 01:02:43.900] Abdullah said, western publics are unlikely to tolerate a political outcome based on fraud [01:02:43.900 --> 01:02:53.900] He said, the western nations already are paying to maintain this corrupt government and have to justify their presence before their own people [01:03:14.900 --> 01:03:22.900] They were attacked from the land and burned down by the whole nation [01:03:22.900 --> 01:03:27.900] But they didn't operate the land wrong, and most of the republicans, they were stretchers [01:03:27.900 --> 01:03:33.900] Tell them I'm a libertarian, they said we're going to lose but they're doing it wrong [01:03:33.900 --> 01:03:43.900] We're going to lose but they're doing it wrong [01:03:43.900 --> 01:03:47.900] Okay, we are back and we're taking your calls [01:03:47.900 --> 01:03:51.900] We're going to Terry in Michigan. Terry, thanks for calling in. What's on your mind tonight? [01:03:51.900 --> 01:03:53.900] Hey, how's it going? [01:03:53.900 --> 01:03:54.900] Very good [01:03:54.900 --> 01:04:05.900] When Randy was talking the other night there about filing judicial misconduct against the judges, and I went to his new website [01:04:05.900 --> 01:04:09.900] But it's not quite set up yet, so I started doing some research [01:04:09.900 --> 01:04:16.900] And I found a website called OutlawJudges.org, and boy did they have some good stuff on there [01:04:16.900 --> 01:04:28.900] They had blanks that you could fill in, I mean paperwork that you could fill out to actually file the grievances [01:04:28.900 --> 01:04:34.900] It might be something worth checking out while Randy's setting up his site there [01:04:34.900 --> 01:04:39.900] Yes, it may make my life a lot easier [01:04:39.900 --> 01:04:46.900] The second thing I wanted to talk to you about was I got the Michael Mears method [01:04:46.900 --> 01:04:53.900] And a friend of mine has got a credit card problem going [01:04:53.900 --> 01:04:57.900] And he got served with a summons and complaint [01:04:57.900 --> 01:05:09.900] And he filed back a denial of alleged debt and asked for proof of debt and original documents [01:05:09.900 --> 01:05:15.900] And they set it up for a pretrial coming up at the end of the month [01:05:15.900 --> 01:05:22.900] And in this paperwork I was looking it over and there's an affidavit in there [01:05:22.900 --> 01:05:29.900] From the custodian of records claiming knowledge of record keeping systems [01:05:29.900 --> 01:05:36.900] It doesn't say anything about the actual record or anything, but looking through it, it was notarized at the end [01:05:36.900 --> 01:05:41.900] And in the notarization, there's no date on it [01:05:41.900 --> 01:05:45.900] It's just stamped by a notary and signed by a notary, but no date of signing [01:05:45.900 --> 01:05:49.900] Doesn't that kind of constitute fraud on that? [01:05:49.900 --> 01:05:56.900] It should [01:05:56.900 --> 01:06:04.900] Looking at that, I'm thinking when he goes into his pretrial there, that should be one of the things to bring up [01:06:04.900 --> 01:06:10.900] These people are full of fraud here coming up with that kind of stuff [01:06:10.900 --> 01:06:14.900] And they never did show many original documents [01:06:14.900 --> 01:06:20.900] Right, well unless the person that signed that affidavit is going to be in court, it's not any good [01:06:20.900 --> 01:06:24.900] It's still hearsay testimony [01:06:24.900 --> 01:06:31.900] And in either case, a copy is still not an original [01:06:31.900 --> 01:06:36.900] How's the saying go? Things similar or still are not the same? [01:06:36.900 --> 01:06:45.900] Right, yeah, and this is from Midland Credit Management out of Minnesota [01:06:45.900 --> 01:06:51.900] And the paperwork is all sent in by an attorney out of the Detroit area [01:06:51.900 --> 01:06:58.900] Yeah, just ask them who was with me the day this purchase was allegedly made and saw me make it [01:06:58.900 --> 01:07:01.900] Yeah, that's what I was thinking [01:07:01.900 --> 01:07:09.900] But I was thinking too, I mean right off the bat, to claim fraud with the original papers filed [01:07:09.900 --> 01:07:13.900] They're claiming it's notarized, but no date [01:07:13.900 --> 01:07:17.900] I mean that's fraud right off the bat [01:07:17.900 --> 01:07:28.900] Along with where's the original papers, hopefully the judge is going to look at that in a favorable light [01:07:28.900 --> 01:07:34.900] I don't know in a pretrial if they have a stenographer there [01:07:34.900 --> 01:07:42.900] But I told him that he should get a stenographer to make sure there's one there right off the bat [01:07:42.900 --> 01:07:45.900] To make sure that everything's on record [01:07:45.900 --> 01:07:54.900] And even if this attorney out of Detroit is going to claim to represent them and they're going to testify [01:07:54.900 --> 01:07:57.900] Then they should be put under oath [01:07:57.900 --> 01:08:02.900] Well, but the thing is the first thing he's going to want to do is challenge agency [01:08:02.900 --> 01:08:05.900] What authority does the attorney have to represent them? [01:08:05.900 --> 01:08:08.900] He can't testify that they appointed him [01:08:08.900 --> 01:08:16.900] Someone from the company has to be there to testify that he, yes, he does work for the company on their behalf in this regard [01:08:16.900 --> 01:08:20.900] Yes, agency cannot be proven out of the mouth of the agent [01:08:20.900 --> 01:08:25.900] It must be proven out of the mouth of the principal [01:08:25.900 --> 01:08:28.900] Wow, that's good stuff [01:08:28.900 --> 01:08:34.900] And a document doesn't do it [01:08:34.900 --> 01:08:38.900] Well, that should help a lot too [01:08:38.900 --> 01:08:43.900] Now did you know in a pretrial do they normally have a stenographer there? [01:08:43.900 --> 01:08:49.900] If it's a court of record they should have one there any time there's a proceeding before the court [01:08:49.900 --> 01:08:56.900] Well, I was telling him that what he needs to do is to make sure even if he has to pay for one, make sure there's one there [01:08:56.900 --> 01:09:04.900] And that'll kind of keep the judge and that attorney in line as far as what they're going to say and what they're going to do [01:09:04.900 --> 01:09:09.900] There are a number of motions that should be filed as a matter of course [01:09:09.900 --> 01:09:21.900] Trial motion and demand for a court reporter are two of those that should be filed in every case as a matter of course [01:09:21.900 --> 01:09:24.900] Excellent [01:09:24.900 --> 01:09:26.900] Well, that's good information [01:09:26.900 --> 01:09:32.900] All right, that helps me out a lot. I appreciate it [01:09:32.900 --> 01:09:34.900] All right [01:09:34.900 --> 01:09:42.900] All right, thank you, Terry. Okay, we're going to go now to Rex in Texas [01:09:42.900 --> 01:09:45.900] Rex, thanks for calling in. What's on your mind tonight? [01:09:45.900 --> 01:09:53.900] Hello, Deborah. I'm the one who called in on Tuesday and got in the wrong time span [01:09:53.900 --> 01:09:56.900] Thank you for taking my call [01:09:56.900 --> 01:10:07.900] I want to call in about my son who was issued a ticket on school property for defending himself when another student pushed him up against the wall [01:10:07.900 --> 01:10:18.900] And then as a knee-dark response, he pushed back and was cited for fighting in charge of his disorderly conduct [01:10:18.900 --> 01:10:26.900] And this was school district police who gave him a ticket after the fact [01:10:26.900 --> 01:10:30.900] Right. You should file criminal charges against the police officer [01:10:30.900 --> 01:10:39.900] Teach your child about due process. You can exercise due process even if the policeman violates it [01:10:39.900 --> 01:10:45.900] And this would be under Code of Criminal Procedure 14.01? [01:10:45.900 --> 01:10:54.900] 14.06. Wait a minute. 14.01, you're right. 14.06 is the one I always quote about taking to a magistrate [01:10:54.900 --> 01:11:01.900] 14.01 is the one that authorizes the police officer to arrest in certain circumstances [01:11:01.900 --> 01:11:04.900] And this was not one of them [01:11:04.900 --> 01:11:13.900] Right, because he has to be basically in the view of the offense and actually be witness to it before he can do it without a warrant [01:11:13.900 --> 01:11:15.900] Precisely [01:11:15.900 --> 01:11:26.900] And I tell you, Randy, I've learned so much from your endeavor and more recently, Craig, that I'm just so grateful for what you all do [01:11:26.900 --> 01:11:39.900] Now, I went today and I pled not guilty for the offense. We're going to set a trial date. At what point can I start submitting motions? [01:11:39.900 --> 01:11:42.900] You can start submitting motions anytime [01:11:42.900 --> 01:11:47.900] And they go right to the Office of the Judge? [01:11:47.900 --> 01:11:53.900] No, you send one to the clerk of the court and one to the prosecutor [01:11:53.900 --> 01:11:55.900] One to the prosecutor? [01:11:55.900 --> 01:12:09.900] Yes, actually send two to the clerk of the court with a stamped self-addressed envelope and a letter asking the clerk to bring these motions to the attention of the court [01:12:09.900 --> 01:12:17.900] And to stamp the extra copy, return it in the stamped self-addressed envelope [01:12:17.900 --> 01:12:23.900] That's pretty simple. They do that all the time for attorneys, so that won't be hard to get them to do [01:12:23.900 --> 01:12:30.900] But always request that they bring the motion to the attention of the court [01:12:30.900 --> 01:12:36.900] That's in case law. Guy lost the case. He filed a motion. The clerk didn't bring it to the attention of the court [01:12:36.900 --> 01:12:41.900] So the Court of Appeals said the judge didn't have to consider it [01:12:41.900 --> 01:12:49.900] So if we demand that the clerk bring it to the attention of the court, we won't have that particular problem [01:12:49.900 --> 01:13:08.900] And right away, I was just listening to the speedy trial, the court reporter. I'm thinking also most recently from Eddie, the motion of a fair trial [01:13:08.900 --> 01:13:12.900] Yes, it's a fair and impartial trial motion [01:13:12.900 --> 01:13:18.900] Right, and I think there were 12 points to that [01:13:18.900 --> 01:13:24.900] There's a lot more points to it now. It pretty much covers everything that they do wrong here in Texas [01:13:24.900 --> 01:13:31.900] And reminds them of what they're supposed to be doing, and it makes the demand that they do it [01:13:31.900 --> 01:13:39.900] Basically, it's got a whole bunch of things in there the judge can look at and say, well, I can't do that. I'm just going to go ahead and deny the whole motion [01:13:39.900 --> 01:13:54.900] And even though each and everything in there is something he is supposed to do, it's going to show that if he refuses to do any one of them, then he refuses to give you the fair and impartial trial that he's required to [01:13:54.900 --> 01:14:10.900] Okay, and also that bridging the gap was on with the uppercase order, Michael David, and he went holding the judge to his oath of office as a fair and binding contract [01:14:10.900 --> 01:14:13.900] Is that something that can be used as well? [01:14:13.900 --> 01:14:18.900] Yes, it is, if you can show the judges in violation of it [01:14:18.900 --> 01:14:22.900] That can also be implied in that motion [01:14:22.900 --> 01:14:28.900] Yeah, that's what we were talking about before when we were referring to the stripping doctrine [01:14:28.900 --> 01:14:43.900] The stripping doctrine is where you can actually go after these people with federal torts because they violate a constitutionally protected right or violate a duty associated with their office [01:14:43.900 --> 01:14:45.900] You can go after them for that [01:14:45.900 --> 01:14:58.900] Because the courts have shown that once a public official goes against his oath of office, he is waging war against the Constitution and thus he is committing treason [01:14:58.900 --> 01:15:03.900] I'm going to write that one down [01:15:03.900 --> 01:15:21.900] Definitely. Now, if they decide that they want to set a judgment and we hold them to their oath of office, can we also hold them to the payment in gold and silver through Article 1 section or paragraph 10 of the Constitution? [01:15:21.900 --> 01:15:33.900] You can demand it. I've demanded it in my lawsuits against the people that I'm going against of which the state and its employees are several times over those individuals [01:15:33.900 --> 01:15:40.900] Whether or not you'll get it, that's a whole other matter, but you can certainly put it in there and demand it [01:15:40.900 --> 01:15:52.900] And then call the police demanding the arrest of the office taking money for the court [01:15:52.900 --> 01:16:02.900] Right. Well, Texas law is very specific that they are only allowed to take the lawful money of the United States, which the Constitution says is nothing but gold and silver coin [01:16:02.900 --> 01:16:10.900] It doesn't say squat in Texas law about taking the lawful money of the Federal Reserve in place of the lawful money of the United States [01:16:10.900 --> 01:16:34.900] Wait a minute. I want to object. What it says is that the states may only make gold and silver legal tender, but the United States Congress can make anything legal tender they choose [01:16:34.900 --> 01:16:40.900] That's right, but you just said that the states themselves can't use anything but the... [01:16:40.900 --> 01:16:50.900] No, I didn't say that. I said the states themselves cannot make anything but gold and silver legal tender in the states [01:16:50.900 --> 01:16:54.900] Okay, listen, we got to go to break. Rex, do you have anything else for us? [01:16:54.900 --> 01:16:55.900] Well, no [01:16:55.900 --> 01:16:59.900] Okay, all right. Then we are going to go to Dan on the other side. We'll be right back [01:16:59.900 --> 01:17:06.900] You feel tired when talking about important topics like money and politics? Are you confused by words like the Constitution or the Federal Reserve? [01:17:06.900 --> 01:17:07.900] What? [01:17:07.900 --> 01:17:12.900] If so, you may be diagnosed with the deadliest disease known today, stupidity [01:17:12.900 --> 01:17:18.900] Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity at an early age [01:17:18.900 --> 01:17:24.900] I had no idea that the number one cause of the disease is found in almost every home in America, the television [01:17:24.900 --> 01:17:29.900] Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope [01:17:29.900 --> 01:17:35.900] The staff at Brave New Books have helped me and thousands of other Foxaholics suffering from sports zombieism recover [01:17:35.900 --> 01:17:42.900] And because of Brave New Books, I now enjoy reading and watching educational documentaries without feeling tired or uninterested [01:17:42.900 --> 01:17:53.900] So if you or anybody you know suffers from stupidity, then you need to call 512-480-2503 or visit them at 1904Guadalupe or bravenewbookstore.com [01:17:53.900 --> 01:17:59.900] Side effects from using Brave New Books products may include discernment and enlarged vocabulary and an overall increase in mental functioning [01:17:59.900 --> 01:18:24.900] Don't fool me with that same old trick again [01:18:24.900 --> 01:18:29.900] I was blindsided, but now I can see your plans [01:18:29.900 --> 01:18:34.900] You put the fear in my pocket, took the money from my hand [01:18:34.900 --> 01:18:59.900] Ain't gonna fool me with that same old trick again [01:18:59.900 --> 01:19:04.900] Ain't gonna drive me with that same old sucker punch [01:19:04.900 --> 01:19:09.900] I get it now, but then I must have had enough [01:19:09.900 --> 01:19:14.900] Back then you had room to move, but now you're feeling the crunch [01:19:14.900 --> 01:19:28.900] Ain't gonna get me with that same old sucker punch [01:19:28.900 --> 01:19:32.900] I get it now, but then I must have had enough [01:19:32.900 --> 01:19:38.900] Back then you had room to move, but now you're feeling the crunch [01:19:38.900 --> 01:19:47.300] And we are on the air now, Randy, so, I don't know if Randy heard the beep or not, we are [01:19:47.300 --> 01:19:54.460] on the air, Randy is having some difficulties right now with his audio set up people, so [01:19:54.460 --> 01:19:56.540] please bear with us. [01:19:56.540 --> 01:20:01.820] We are going now to Dan in Connecticut, Dan, thanks for joining us, what's on your mind [01:20:01.820 --> 01:20:02.820] tonight? [01:20:02.820 --> 01:20:09.540] Connecticut General Statutes 38A-816, unfair practices defined, it has to do with health [01:20:09.540 --> 01:20:12.940] insurance and I am so happy to tell everybody about it. [01:20:12.940 --> 01:20:15.620] Alright, go ahead. [01:20:15.620 --> 01:20:21.900] Well basically I ended up in a situation where my wife was saying, Dan, I'm so sick of having [01:20:21.900 --> 01:20:26.900] to pursue legal action against people and I can't blame her, having just finished with [01:20:26.900 --> 01:20:32.420] the credit card company there, but essentially what we had, and I'm just going to walk through [01:20:32.420 --> 01:20:40.660] it as quickly as I can, she co-bred her health insurance policy, which is Bucu dollars, and [01:20:40.660 --> 01:20:47.220] essentially what the insurance company did is they tried to say, you know, we don't have [01:20:47.220 --> 01:20:51.780] any pre-existing condition information, so essentially we are going to assume that you [01:20:51.780 --> 01:20:53.220] have one. [01:20:53.220 --> 01:20:58.180] Now according to Connecticut statutes, it has to be something you were treated for or were [01:20:58.180 --> 01:21:03.940] recommended to seek treatment for in the last 12 months, and of course that would be absolutely [01:21:03.940 --> 01:21:04.940] nothing. [01:21:04.940 --> 01:21:09.380] The unfortunate part about this is she is pregnant and she's due to deliver sometime [01:21:09.380 --> 01:21:15.700] this month, so that kind of put us in a bind, but essentially they denied a claim for a [01:21:15.700 --> 01:21:22.740] blood test and the hospital was saying they hadn't heard anything from the insurance company. [01:21:22.740 --> 01:21:29.460] So what I went ahead and did is I wrote a tort letter to the insurance company and effectively [01:21:29.460 --> 01:21:34.500] I said, okay, well, you know, produce the contract, which she didn't receive a contract [01:21:34.500 --> 01:21:41.100] at all, no terms, no nothing, and I also basically said, you know, pay the claims, you accepted [01:21:41.100 --> 01:21:44.820] the premium, now do your job, and I said, well, if you didn't, it's going to be five [01:21:44.820 --> 01:21:48.460] grand in punitive damages plus all costs. [01:21:48.460 --> 01:21:51.780] So what happened after that was really interesting. [01:21:51.780 --> 01:21:58.220] The hospital is still claiming they haven't been paid, but the insurance company is saying [01:21:58.220 --> 01:22:00.660] that no, they have paid them, they've paid them. [01:22:00.660 --> 01:22:09.980] But anyway, I just wanted to go to section 38A-816, unfair practices defined. [01:22:09.980 --> 01:22:14.900] One paragraph in that basically says unfair practices include not paying out insurance [01:22:14.900 --> 01:22:25.340] claims to health, life, or casualty policies, and the fine in there according to 38A-817B1 [01:22:25.340 --> 01:22:27.020] provides for penalties. [01:22:27.020 --> 01:22:30.660] Now here's the thing, if anybody in Connecticut has a problem with this and they need to write [01:22:30.660 --> 01:22:33.180] a tort letter, here's what they need to know. [01:22:33.180 --> 01:22:37.580] The penalty for an insurance company that doesn't know what they're doing and engages [01:22:37.580 --> 01:22:42.820] in any one of these unfair practices, that's a thousand dollar fine for each occurrence [01:22:42.820 --> 01:22:47.340] and it builds up to no more than 10 grand. [01:22:47.340 --> 01:22:51.620] But once you let them know and you've made due diligence and they're well aware that [01:22:51.620 --> 01:22:57.380] they're engaging in unfair practices, each time is about $5,000, and it can be no more [01:22:57.380 --> 01:23:02.820] than 50,000 for all the different violations. [01:23:02.820 --> 01:23:07.380] So I just wanted to call in and let you guys know that, yes, I'm still having fun with [01:23:07.380 --> 01:23:13.260] tort letters and it seems like I've kind of backed these guys into a corner at least, [01:23:13.260 --> 01:23:18.660] and I know you guys had a caller from Connecticut that raised this issue before. [01:23:18.660 --> 01:23:21.460] So hopefully that'll be, you know, some help to you. [01:23:21.460 --> 01:23:22.460] All right, great. [01:23:22.460 --> 01:23:25.460] Thanks, Dan. [01:23:25.460 --> 01:23:30.500] Dan, you are having entirely too much fun with this. [01:23:30.500 --> 01:23:37.020] Well, I'm in a weird position where I do it and it's fun, but I don't want to be having [01:23:37.020 --> 01:23:42.900] this fun at the same time because there are more fun things to do if you know what I mean. [01:23:42.900 --> 01:23:48.020] Absolutely, I know what you mean. [01:23:48.020 --> 01:23:55.900] I have books I want to write, I have inventions I want to build, but this stuff of having [01:23:55.900 --> 01:23:58.780] to work is interfering with my entertainment. [01:23:58.780 --> 01:24:01.220] Yeah, I'll agree with that. [01:24:01.220 --> 01:24:05.500] I mean, I would think, you know, you've got a baby girl on the way and all that, and you [01:24:05.500 --> 01:24:10.940] would like to, you know, kind of get everything squared away, but, you know, insurance companies [01:24:10.940 --> 01:24:15.260] start coming around and, you know, that's kind of been stressing around quite a bit. [01:24:15.260 --> 01:24:21.140] So I mean, at least it seems like we got them in a corner finally, but, you know, it took [01:24:21.140 --> 01:24:22.140] way too long. [01:24:22.140 --> 01:24:23.140] So yeah. [01:24:23.140 --> 01:24:26.140] Well, at least you're getting the job done, Dan. [01:24:26.140 --> 01:24:27.140] Say what? [01:24:27.140 --> 01:24:32.140] I said you're getting the job done. [01:24:32.140 --> 01:24:36.220] Slowly, but surely, it is a process. [01:24:36.220 --> 01:24:40.420] So I'm going to let you guys go so you can take other callers, but, again, keep up the [01:24:40.420 --> 01:24:41.420] good work. [01:24:41.420 --> 01:24:48.420] And, again, for anybody listening, that is Connecticut General Statute Section 838A817D1. [01:24:48.420 --> 01:24:51.820] That is the penalties. [01:24:51.820 --> 01:24:55.860] And 38A816 is unfair practices defined. [01:24:55.860 --> 01:24:56.860] Write yourself a tort letter. [01:24:56.860 --> 01:24:58.860] Tell them, hey, here's what you're doing. [01:24:58.860 --> 01:25:02.660] Repair or respond. [01:25:02.660 --> 01:25:03.660] Repair or be sued. [01:25:03.660 --> 01:25:04.660] Yes. [01:25:04.660 --> 01:25:05.660] I love it. [01:25:05.660 --> 01:25:06.660] Okay. [01:25:06.660 --> 01:25:07.660] Good deal, Dan. [01:25:07.660 --> 01:25:08.660] All right. [01:25:08.660 --> 01:25:09.660] Talk to you guys later. [01:25:09.660 --> 01:25:10.660] Okay. [01:25:10.660 --> 01:25:11.660] Talk to y'all later. [01:25:11.660 --> 01:25:12.660] Okay. [01:25:12.660 --> 01:25:15.660] We are going now to Jim in Texas. [01:25:15.660 --> 01:25:17.700] Jim, thanks for calling in. [01:25:17.700 --> 01:25:19.700] What's on your mind tonight? [01:25:19.700 --> 01:25:22.860] I got a question. [01:25:22.860 --> 01:25:29.940] I have a son that lives out of state that got a speeding ticket in Texas almost a year [01:25:29.940 --> 01:25:30.940] ago. [01:25:30.940 --> 01:25:32.700] He has a warrant. [01:25:32.700 --> 01:25:38.900] And they sent him a notice, of course, threatening to contact his state and have his license [01:25:38.900 --> 01:25:44.580] suspended if he hadn't responded to them by a certain time, which is passed. [01:25:44.580 --> 01:25:47.980] Eight months passed, as a matter of fact. [01:25:47.980 --> 01:25:53.980] But he hasn't been contacted by the state and his state in any way about suspending [01:25:53.980 --> 01:25:54.980] his license. [01:25:54.980 --> 01:26:09.180] And my question really is, what are the rules on the jacket, it being JP court, and am I [01:26:09.180 --> 01:26:15.540] able to get a copy of those records myself, or is that something he has to do? [01:26:15.540 --> 01:26:18.180] Only you can get a copy. [01:26:18.180 --> 01:26:29.220] 1.24 Texas Code of Criminal Procedure says all courts shall be public. [01:26:29.220 --> 01:26:35.620] That means any criminal or civil case filed in any court is public unless it has been [01:26:35.620 --> 01:26:38.580] sealed for cause shown. [01:26:38.580 --> 01:26:39.580] Okay. [01:26:39.580 --> 01:26:46.340] In respect to what you just said, I went up to my little municipal court here in the town [01:26:46.340 --> 01:26:54.140] where I live today and was just asking them about the jackets or the records on their [01:26:54.140 --> 01:27:00.860] cases that would be coming up on municipal court if anybody could walk in and look at [01:27:00.860 --> 01:27:01.860] one of those cases. [01:27:01.860 --> 01:27:09.740] And, of course, everybody I talked to there really didn't know, the court clerk said that [01:27:09.740 --> 01:27:16.180] she would have to refer that to the secretary who would look up the laws on that because [01:27:16.180 --> 01:27:22.660] she knew that there would be a lot of information in there such as addresses and social security [01:27:22.660 --> 01:27:27.540] numbers and driver's license numbers that wouldn't be public. [01:27:27.540 --> 01:27:37.700] If they have it in the file, it's public unless a judge has for cause sealed the record. [01:27:37.700 --> 01:27:38.700] Yeah. [01:27:38.700 --> 01:27:44.380] Now, in cases of juveniles, however, juveniles are not, those, like juvenile courts are not [01:27:44.380 --> 01:27:45.380] open. [01:27:45.380 --> 01:27:46.380] Okay. [01:27:46.380 --> 01:27:47.380] Yeah. [01:27:47.380 --> 01:27:53.260] If this, yeah, that, the whole thing is sealed, but if it's adults or traffics or anything [01:27:53.260 --> 01:27:55.780] like that, yeah, it's open. [01:27:55.780 --> 01:28:00.780] So their pretrial jackets should be open to the public. [01:28:00.780 --> 01:28:01.780] Okay. [01:28:01.780 --> 01:28:08.180] In the case of a municipal and justice of peace court, there is a special statute. [01:28:08.180 --> 01:28:09.180] Okay. [01:28:09.180 --> 01:28:17.620] The rules of court authorize the clerks to request, ask for a written request and they [01:28:17.620 --> 01:28:20.660] can take up to 10 days to respond. [01:28:20.660 --> 01:28:22.020] Okay. [01:28:22.020 --> 01:28:30.940] However, a municipal court and a justice court falls under 27.004 government code, which [01:28:30.940 --> 01:28:38.820] says the justice shall keep all records open for public inspection by all interested parties [01:28:38.820 --> 01:28:41.860] at all reasonable times. [01:28:41.860 --> 01:28:49.060] Attorney general opinion JM-114 defines reasonable times as normal business hours, interested [01:28:49.060 --> 01:28:52.140] parties, any member of the public. [01:28:52.140 --> 01:28:53.660] And this is what I tell them. [01:28:53.660 --> 01:28:55.060] You don't have 10 days. [01:28:55.060 --> 01:28:57.020] You don't have 10 minutes. [01:28:57.020 --> 01:28:58.020] You get those records. [01:28:58.020 --> 01:29:01.060] I want them right now and I want no interference in the process. [01:29:01.060 --> 01:29:10.380] They didn't do that in Waco so I went out and got the security to come and arrest them. [01:29:10.380 --> 01:29:14.180] What attorney general ruling was that? [01:29:14.180 --> 01:29:18.260] It's either JM-114 or JM-127. [01:29:18.260 --> 01:29:20.500] I said 1-14 but I think it's 1-27. [01:29:20.500 --> 01:29:25.620] You're saying J as in John, M as in Harry? [01:29:25.620 --> 01:29:26.620] Yeah, Jim Maddox. [01:29:26.620 --> 01:29:27.620] Okay. [01:29:27.620 --> 01:29:28.620] 1-1-4 or 1-2-7? [01:29:28.620 --> 01:29:29.620] Yeah, I think it's 1-2-7. [01:29:29.620 --> 01:29:30.620] Okay. [01:29:30.620 --> 01:29:31.620] Y'all fixing to go to break? [01:29:31.620 --> 01:29:32.620] Yeah, we're going to break. [01:29:32.620 --> 01:29:33.620] Do you have anything else for us, Jim? [01:29:33.620 --> 01:29:34.620] Yeah, I've got another question. [01:29:34.620 --> 01:29:35.620] Okay, great. [01:29:35.620 --> 01:29:36.620] Hang on the line. [01:29:36.620 --> 01:29:37.620] And callers, if you'd like to call in, we've got open phone lines, 512-646-1984. [01:29:37.620 --> 01:29:38.620] We've got another call. [01:29:38.620 --> 01:29:51.620] 512-646-1984. [01:29:51.620 --> 01:30:00.620] We will be right back. [01:30:00.620 --> 01:30:03.780] Are you the plaintiff or defendant in a lawsuit? [01:30:03.780 --> 01:30:07.060] Win your case without an attorney with Jurisdictionary. [01:30:07.060 --> 01:30:13.740] The affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by [01:30:13.740 --> 01:30:14.740] step. [01:30:14.740 --> 01:30:18.340] If you have a lawyer, know what your lawyer should be doing. [01:30:18.340 --> 01:30:22.340] If you don't have a lawyer, know what you should do for yourself. [01:30:22.340 --> 01:30:28.300] Thousands have won with our step by step course and now you can too. [01:30:28.300 --> 01:30:34.220] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. [01:30:34.220 --> 01:30:38.740] Even if you're not in a lawsuit, you can learn what everyone should understand about the [01:30:38.740 --> 01:30:42.540] principles and practices that control our American courts. [01:30:42.540 --> 01:30:49.260] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:30:49.260 --> 01:30:52.020] pro se tactics and much more. [01:30:52.020 --> 01:30:59.140] Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ. [01:30:59.140 --> 01:31:04.580] Yeah, and who you want to chip, who you take me for, free Tully? [01:31:04.580 --> 01:31:09.580] Why you want to chip, I'm not free Tully, you can't chip me, I'm a sack. [01:31:09.580 --> 01:31:14.580] Don't let them chip you in the morning, chip you in the evening with a chip in your body. [01:31:14.580 --> 01:31:20.580] And anyway you go computer reading, you can't hide me from nobody when I say, chip in your [01:31:20.580 --> 01:31:27.580] mom, chip in your daddy, chip in your grandpa and the granny, chip in me, chip in your baby, [01:31:27.580 --> 01:31:32.580] chip in your family, whole family, chip in your dog and the children around me, chip [01:31:32.580 --> 01:31:37.580] in the beef and you still go eat it, chip in the fish, them all in the sea, chip in [01:31:37.580 --> 01:31:39.580] the shark and the whale around me. [01:31:39.580 --> 01:31:44.580] You see mankind gone chip crazy, that's the kind of thing man they want to be, social [01:31:44.580 --> 01:31:48.580] security, they go tell me, number when they give me, they repeat up your C. [01:31:48.580 --> 01:31:53.580] I'm chip you in the morning, chip you in the evening, chip you all the dinner time, [01:31:53.580 --> 01:31:57.580] experiment on mankind but man you don't say them lies. [01:31:57.580 --> 01:32:02.580] Well when you want to chip man you have your body, freedom or something man you fight for [01:32:02.580 --> 01:32:03.580] me. [01:32:03.580 --> 01:32:09.580] You should tell them the 3-D, constitution set us free, don't let them put no chip in [01:32:09.580 --> 01:32:12.580] your body, put no chip in your dog or cat you see. [01:32:12.580 --> 01:32:19.580] Okay we are back and we are getting some calls coming in so that's really good. [01:32:19.580 --> 01:32:22.580] We've got Jim from Texas, Jimmy had one of the thing to ask and then we're going to go [01:32:22.580 --> 01:32:26.580] to Michael, Ruben and then another Mike. [01:32:26.580 --> 01:32:28.580] So go ahead Jim. [01:32:28.580 --> 01:32:34.580] Okay I think this question is more for Eddie. [01:32:34.580 --> 01:32:43.580] I've been reading and I've gotten myself confused I think and that is on the common [01:32:43.580 --> 01:32:53.580] language, how did you make the jump from common language to being more or less black's [01:32:53.580 --> 01:33:00.580] law language? [01:33:00.580 --> 01:33:08.580] The simple fact of the matter is, is what is the purpose of a legal dictionary? [01:33:08.580 --> 01:33:10.580] What is the purpose of it? [01:33:10.580 --> 01:33:15.580] Yes. [01:33:15.580 --> 01:33:20.580] To define legal terms. [01:33:20.580 --> 01:33:30.580] And is not every word that's used in statute a legal term when it's used in law? [01:33:30.580 --> 01:33:37.580] Now the statutes themselves may not have definitions of words and if the legislature does [01:33:37.580 --> 01:33:45.580] not redefine a word then it will have the meaning that it commonly has in law. [01:33:45.580 --> 01:33:54.580] Well I guess what kind of confused me was in reading in the government code 311 where [01:33:54.580 --> 01:34:03.580] it says that well words and phrases shall be read in context and construed according [01:34:03.580 --> 01:34:06.580] to the rules of grammar and common usage. [01:34:06.580 --> 01:34:07.580] Yes. [01:34:07.580 --> 01:34:09.580] But who's common usage? [01:34:09.580 --> 01:34:11.580] Does it tell you that, does it? [01:34:11.580 --> 01:34:17.580] You know I found today when I was reading also somewhere it was referring to the [01:34:17.580 --> 01:34:26.580] co-construction and where it talked about was made to be read according to [01:34:26.580 --> 01:34:30.580] American English. [01:34:30.580 --> 01:34:34.580] It's using American English versions of the words, yes. [01:34:34.580 --> 01:34:37.580] But they're not, they don't have American English definitions. [01:34:37.580 --> 01:34:40.580] They have legislative definitions. [01:34:40.580 --> 01:34:44.580] What you can do is the simplest way to prove that to yourself is look at the [01:34:44.580 --> 01:34:49.580] legislative drafting manual and then look at the other book that accompanies that, [01:34:49.580 --> 01:34:54.580] How to Read Laws, Codes and Statutes, written by the same group of folks for the [01:34:54.580 --> 01:34:59.580] legislature, tells them exactly how to read a law, code or statute in Texas. [01:34:59.580 --> 01:35:04.580] The purpose of these two books is to teach the legislator how to write a law. [01:35:04.580 --> 01:35:08.580] So is that where you cleared up this in your own mind? [01:35:08.580 --> 01:35:09.580] Yes it is. [01:35:09.580 --> 01:35:14.580] Because reading includes and including under 311 also where it says that there [01:35:14.580 --> 01:35:19.580] are terms of enlargement not of limitation or exclusive enumeration. [01:35:19.580 --> 01:35:24.580] Yep, that's right, that's what it says. [01:35:24.580 --> 01:35:27.580] Unfortunately it can't work that way and make the law make sense. [01:35:27.580 --> 01:35:37.580] Here's the deal, okay, if the law is not specific, what does that make it? [01:35:37.580 --> 01:35:42.580] It makes it vague. [01:35:42.580 --> 01:35:44.580] It makes it vague. [01:35:44.580 --> 01:35:50.580] If it says that it applies to a whole plethora of things or it is being [01:35:50.580 --> 01:35:54.580] interpreted in such a way as to make it apply to a whole plethora of things [01:35:54.580 --> 01:36:05.580] outside of what is reasonable and prudent for such a law, what is that? [01:36:05.580 --> 01:36:07.580] That's so arbitrary. [01:36:07.580 --> 01:36:09.580] That would be overbroad. [01:36:09.580 --> 01:36:10.580] Okay. [01:36:10.580 --> 01:36:13.580] That's two things a law cannot be. [01:36:13.580 --> 01:36:21.580] It cannot be overbroad, okay, and it most certainly cannot be arbitrary. [01:36:21.580 --> 01:36:24.580] It cannot be vague, okay. [01:36:24.580 --> 01:36:29.580] It has to spell out what it applies to and how it applies to it. [01:36:29.580 --> 01:36:35.580] If it doesn't do that, then either one of those can be void for vagueness or [01:36:35.580 --> 01:36:39.580] void for overbreath, okay. [01:36:39.580 --> 01:36:44.580] Now if the legislature writes a law that says it includes red cars, white [01:36:44.580 --> 01:36:49.580] cars, and yellow cars, is the inference that it includes blue cars or green [01:36:49.580 --> 01:36:53.580] cars? [01:36:53.580 --> 01:36:54.580] No. [01:36:54.580 --> 01:36:59.580] No, it's not because they limit it to a specific list of things, don't they? [01:36:59.580 --> 01:37:03.580] Well, I went through the seminar, but I was just reading through that and [01:37:03.580 --> 01:37:06.580] it got me confused for some reason. [01:37:06.580 --> 01:37:09.580] Right, but for those that hadn't gone, let's play this out just a little bit [01:37:09.580 --> 01:37:10.580] further. [01:37:10.580 --> 01:37:16.580] Now because it says that and now they want to interpret the law despite the [01:37:16.580 --> 01:37:21.580] fact that it says the three primaries we dealt with, now they want to say it [01:37:21.580 --> 01:37:26.580] also applies to green cars and to blue cars or to whatever other color we [01:37:26.580 --> 01:37:28.580] didn't have in there. [01:37:28.580 --> 01:37:31.580] Suddenly now they want to add it to it. [01:37:31.580 --> 01:37:35.580] Is that a valid interpretation of the law? [01:37:35.580 --> 01:37:37.580] No. [01:37:37.580 --> 01:37:41.580] No, because they've stressed it beyond its original meaning because it used the [01:37:41.580 --> 01:37:46.580] word includes, and now they want to say includes can mean anything we want it [01:37:46.580 --> 01:37:50.580] to. [01:37:50.580 --> 01:37:52.580] That makes the law arbitrary. [01:37:52.580 --> 01:37:56.580] Whoever is enforcing it at this given moment can say what it does or doesn't [01:37:56.580 --> 01:37:58.580] encompass, can't they? [01:37:58.580 --> 01:37:59.580] Right. [01:37:59.580 --> 01:38:03.580] Well, when I read on down now in SubChapter B where it says construction of [01:38:03.580 --> 01:38:11.580] words and phrases, 311.011 common and technical usage of words, B says words [01:38:11.580 --> 01:38:15.580] and phrases that have acquired a technical or particular meaning, whether by [01:38:15.580 --> 01:38:19.580] legislative definition or otherwise, shall be construed according to it. [01:38:19.580 --> 01:38:26.580] So maybe that's really the link back to the legal definitions. [01:38:26.580 --> 01:38:31.580] Well, yeah, their common meaning is always going to be as it's used in law [01:38:31.580 --> 01:38:39.580] because that's what they're dealing with is the subject of law. [01:38:39.580 --> 01:38:40.580] Okay. [01:38:40.580 --> 01:38:41.580] All right. [01:38:41.580 --> 01:38:42.580] Thank you, Jim. [01:38:42.580 --> 01:38:43.580] Thank you very much. [01:38:43.580 --> 01:38:44.580] Okay. [01:38:44.580 --> 01:38:45.580] Thank you, Jim. [01:38:45.580 --> 01:38:46.580] Bye-bye. [01:38:46.580 --> 01:38:47.580] Bye. [01:38:47.580 --> 01:38:50.580] And the way I look at it is when you're talking about it being an expansive [01:38:50.580 --> 01:38:58.580] term, I see it as you can add on, they're adding things into a list. [01:38:58.580 --> 01:39:00.580] It's not just like one thing. [01:39:00.580 --> 01:39:05.580] You know, blue cars, yellow cars, green cars, it's not necessarily just one or [01:39:05.580 --> 01:39:09.580] the other, but it's all of those things in the list. [01:39:09.580 --> 01:39:11.580] It's expansive within the list. [01:39:11.580 --> 01:39:13.580] That's the way I see it. [01:39:13.580 --> 01:39:15.580] That's the way it makes sense to me. [01:39:15.580 --> 01:39:16.580] Okay. [01:39:16.580 --> 01:39:18.580] We're going now to Michael in Maryland. [01:39:18.580 --> 01:39:19.580] Michael, thanks for calling in. [01:39:19.580 --> 01:39:20.580] What's on your mind tonight? [01:39:20.580 --> 01:39:21.580] Hey. [01:39:21.580 --> 01:39:22.580] How y'all doing tonight? [01:39:22.580 --> 01:39:25.580] Thank you very much for your show. [01:39:25.580 --> 01:39:28.580] First of all, I've been trying to catch up on the archives because I rarely get [01:39:28.580 --> 01:39:31.580] a chance like I am tonight to call in live and listen live. [01:39:31.580 --> 01:39:35.580] One of the archives from about, I guess, two, three weeks ago, a gentleman called [01:39:35.580 --> 01:39:39.580] in, I believe he was a resident of Minnesota, and Eddie just happened to have [01:39:39.580 --> 01:39:43.580] studied enough of the Constitution of Minnesota and the current events there to [01:39:43.580 --> 01:39:49.580] tell him that he really ought to, in all practical purposes, move if he wants [01:39:49.580 --> 01:39:54.580] any measure of justice because the Supreme Court has been handed the power [01:39:54.580 --> 01:39:57.580] from the legislature to do just that, to legislate. [01:39:57.580 --> 01:40:01.580] I was curious to know, among other things, whether, Eddie, you have any [01:40:01.580 --> 01:40:05.580] knowledge about Maryland because I know Maryland is probably about as backwards, [01:40:05.580 --> 01:40:08.580] maybe not quite so, as Minnesota in that respect. [01:40:08.580 --> 01:40:11.580] The other thing, if there is time left before the show is done or if you don't [01:40:11.580 --> 01:40:15.580] have any other callers, I am very curious to hear how that argument would have [01:40:15.580 --> 01:40:19.580] played out if you all had had time with regards to Eddie's comments versus [01:40:19.580 --> 01:40:24.580] Randy's comments about legal tender because it sounded to me as though you both [01:40:24.580 --> 01:40:29.580] had some valid arguments, but I was leaning more towards what Eddie was saying. [01:40:29.580 --> 01:40:33.580] So if there is room to expand that discussion, I would really love to hear [01:40:33.580 --> 01:40:37.580] both your opinions, and I will take your comments off the air. [01:40:37.580 --> 01:40:38.580] All right. [01:40:38.580 --> 01:40:45.580] Well, as far as Maryland, worked there, worked in D.C., Virginia, Maryland, [01:40:45.580 --> 01:40:52.580] doing software programming for the United States Congress on Y2K budget project. [01:40:52.580 --> 01:40:55.580] So, yeah, I hung out in Maryland for a while. [01:40:55.580 --> 01:40:58.580] I went, I got one traffic ticket while I was up there. [01:40:58.580 --> 01:41:02.580] I went to traffic court and refused to pay it because I could show where the [01:41:02.580 --> 01:41:06.580] statute itself was not valid. [01:41:06.580 --> 01:41:11.580] They didn't, I used their enacting clause in their state constitution to [01:41:11.580 --> 01:41:15.580] invalidate it when I proved that the code didn't have the enacting clause in it. [01:41:15.580 --> 01:41:20.580] Here in Texas, the judges tend to just ignore that little factor. [01:41:20.580 --> 01:41:25.580] But if you look at all these statutory codes that we've got in Texas, none of [01:41:25.580 --> 01:41:28.580] them have the required enacting clause in the beginning of it. [01:41:28.580 --> 01:41:30.580] None of them. [01:41:30.580 --> 01:41:37.580] So that, though, as far as direct in Maryland, is the only real issue I've had [01:41:37.580 --> 01:41:40.580] about studying the laws there per se. [01:41:40.580 --> 01:41:45.580] Now, I know that we've got a couple of folks up in Maryland that are going [01:41:45.580 --> 01:41:48.580] through it right now, hot and heavy. [01:41:48.580 --> 01:41:54.580] But there's actually anything that close to Washington, D.C., you can guarantee [01:41:54.580 --> 01:41:58.580] is going to make less sense than it ought to and be much harder to figure out [01:41:58.580 --> 01:42:00.580] than it ought to. [01:42:00.580 --> 01:42:04.580] It's sort of like, you know, it's a pervasive atmosphere of gross stupidity up [01:42:04.580 --> 01:42:07.580] in that general area. [01:42:07.580 --> 01:42:12.580] But I don't know enough to really be specific with you on a particular issue [01:42:12.580 --> 01:42:16.580] other than the speeding citation that I was speaking of. [01:42:16.580 --> 01:42:18.580] So hopefully that will help. [01:42:18.580 --> 01:42:20.580] We got any more callers, Debra? [01:42:20.580 --> 01:42:21.580] Yes, we do. [01:42:21.580 --> 01:42:24.580] We've got Ruben and Mike from Florida. [01:42:24.580 --> 01:42:25.580] Okay, hold on. [01:42:25.580 --> 01:42:30.580] I'd like to touch on one thing since you mentioned Minnesota about the judges [01:42:30.580 --> 01:42:35.580] being able to essentially write the law as they go. [01:42:35.580 --> 01:42:38.580] That's not all they get to do. [01:42:38.580 --> 01:42:49.580] Under the Minnesota judicial canons, Canon 4D5H, [01:42:49.580 --> 01:42:57.580] a judge can accept up to a $150 gift from anyone without reporting it. [01:42:57.580 --> 01:43:00.580] Okay, so legalized bribery here. [01:43:00.580 --> 01:43:04.580] That's exactly what it appears to be. [01:43:04.580 --> 01:43:08.580] But how many times a day can he get the $150? [01:43:08.580 --> 01:43:10.580] There's no limit in there. [01:43:10.580 --> 01:43:14.580] If it's under $150, he doesn't have to report it. [01:43:14.580 --> 01:43:16.580] Okay, yeah, you're going to come back every hour on the hour [01:43:16.580 --> 01:43:20.580] with another $150 for the entire six months I'm here, right? [01:43:20.580 --> 01:43:22.580] Yeah, every five minutes for that matter, [01:43:22.580 --> 01:43:28.580] as quickly as you can take it out of your pocket. [01:43:28.580 --> 01:43:31.580] So I don't want to go to Minnesota. [01:43:31.580 --> 01:43:34.580] However, Randy, it might interest you to know that here in Texas, [01:43:34.580 --> 01:43:39.580] municipal and JP's can do the same thing. [01:43:39.580 --> 01:43:41.580] Okay, listen, we've got to go to break. [01:43:41.580 --> 01:43:45.580] We've got Ruben and Mike on the line. [01:43:45.580 --> 01:44:00.580] So we'll be right back on the other side. [01:44:00.580 --> 01:44:02.580] Are you being harassed by debt collectors [01:44:02.580 --> 01:44:05.580] with phone calls, letters, or even lawsuits? [01:44:05.580 --> 01:44:09.580] Stop debt collectors now with the Michael Mears proven method. [01:44:09.580 --> 01:44:12.580] Michael Mears has won six cases in federal court against debt collectors, [01:44:12.580 --> 01:44:14.580] and now you can win too. 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[01:44:40.580 --> 01:44:44.580] For more information, please visit ruleoflawradio.com [01:44:44.580 --> 01:44:46.580] and click on the blue Michael Mears banner, [01:44:46.580 --> 01:44:49.580] or email michaelmears at yahoo.com. [01:44:49.580 --> 01:44:51.580] That's ruleoflawradio.com, [01:44:51.580 --> 01:44:57.580] or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com [01:44:57.580 --> 01:45:00.580] to learn how to stop debt collectors now. [01:45:00.580 --> 01:45:28.580] MUSIC [01:45:28.580 --> 01:45:52.580] MUSIC [01:45:52.580 --> 01:45:53.580] Okay, we are back. [01:45:53.580 --> 01:45:55.580] We're taking our calls. [01:45:55.580 --> 01:45:59.580] We got Ruben from Texas. [01:45:59.580 --> 01:46:00.580] Ruben, thanks for calling in. [01:46:00.580 --> 01:46:02.580] What's on your mind tonight? [01:46:02.580 --> 01:46:04.580] So I have a couple questions on traffic law. [01:46:04.580 --> 01:46:07.580] I recently had a traffic accident, [01:46:07.580 --> 01:46:11.580] and to make the story short, [01:46:11.580 --> 01:46:14.580] she had her signal light on, and she didn't turn, [01:46:14.580 --> 01:46:16.580] and I went, and she hit me. [01:46:16.580 --> 01:46:20.580] So I got a ticket for failure to yield right-of-way private driveway, [01:46:20.580 --> 01:46:23.580] and I went to court today to go fight it, [01:46:23.580 --> 01:46:27.580] because I asked for the statute or the section that I broke, [01:46:27.580 --> 01:46:29.580] and it doesn't pertain to me. [01:46:29.580 --> 01:46:33.580] But when I was talking to the city of Dallas attorney, [01:46:33.580 --> 01:46:38.580] he told me that even if the section does not pertain to me, [01:46:38.580 --> 01:46:43.580] they could dismiss the ticket that's in my file and issue me a new one. [01:46:43.580 --> 01:46:45.580] Is that possible? [01:46:45.580 --> 01:46:49.580] No, you can't be prosecuted twice for the same offense. [01:46:49.580 --> 01:46:53.580] If they try to prosecute you, you went to trial today, right? [01:46:53.580 --> 01:46:57.580] Well, I went for arraignment, [01:46:57.580 --> 01:47:03.580] so I went to either sign a plea of guilty, no contest, or not guilty. [01:47:03.580 --> 01:47:05.580] So I wanted to fight it. [01:47:05.580 --> 01:47:09.580] Tell the prosecutor, knock yourself out. [01:47:09.580 --> 01:47:15.580] Yes, if they dismiss without a final adjudication in the case, [01:47:15.580 --> 01:47:18.580] they can refile. [01:47:18.580 --> 01:47:24.580] However, he's going to have to find something because it's not in there. [01:47:24.580 --> 01:47:26.580] All right. [01:47:26.580 --> 01:47:31.580] They've been using the wrong statute, and they really don't have one for this. [01:47:31.580 --> 01:47:35.580] They don't really have a statute for failure to yield right-of-way? [01:47:35.580 --> 01:47:40.580] Yeah, they do, but it states that it's a crime to fail to yield right-of-way [01:47:40.580 --> 01:47:42.580] while exiting an alley. [01:47:42.580 --> 01:47:45.580] Yeah, you weren't in an alley, right? [01:47:45.580 --> 01:47:49.580] No, the section they gave me was shall yield the right-of-way [01:47:49.580 --> 01:47:52.580] to a vehicle approaching on the highway to be entered. [01:47:52.580 --> 01:47:54.580] Read the statute. [01:47:54.580 --> 01:47:56.580] You don't care what they wrote. [01:47:56.580 --> 01:47:58.580] Read what the statute says. [01:47:58.580 --> 01:48:00.580] That's what the section says. [01:48:00.580 --> 01:48:03.580] It says an operator about to enter across the highway from an alley, [01:48:03.580 --> 01:48:06.580] building a private road or driveway shall yield the right-of-way [01:48:06.580 --> 01:48:09.580] to a vehicle approaching on the highway to be entered. [01:48:09.580 --> 01:48:12.580] I was in near a highway. [01:48:12.580 --> 01:48:15.580] That's why I was fighting it. [01:48:15.580 --> 01:48:16.580] Were you on the highway? [01:48:16.580 --> 01:48:17.580] What section number was that? [01:48:17.580 --> 01:48:20.580] No, it was a road. [01:48:20.580 --> 01:48:24.580] Technically, the meaning of highway is a three lane, [01:48:24.580 --> 01:48:27.580] has a minimum of three travel lanes in each direction. [01:48:27.580 --> 01:48:33.580] It was two travel lanes in each direction. [01:48:33.580 --> 01:48:36.580] Okay, what section did they quote to you? [01:48:36.580 --> 01:48:43.580] Section 545.155. [01:48:43.580 --> 01:48:46.580] That's the section that they gave me. [01:48:46.580 --> 01:48:49.580] That's the section that they say I violated. [01:48:49.580 --> 01:48:52.580] 545.155? [01:48:52.580 --> 01:48:59.580] Yes, vehicle entering highway from private road or driveway. [01:48:59.580 --> 01:49:02.580] So were you on a private road or driveway? [01:49:02.580 --> 01:49:05.580] I was on a private driveway. [01:49:05.580 --> 01:49:07.580] It's an apartment complex that I was in. [01:49:07.580 --> 01:49:08.580] Oh, okay. [01:49:08.580 --> 01:49:18.580] Then it may apply. [01:49:18.580 --> 01:49:22.580] And any time you have this kind of issue, [01:49:22.580 --> 01:49:26.580] it's always best to bring it up during trial. [01:49:26.580 --> 01:49:27.580] Okay. [01:49:27.580 --> 01:49:30.580] Because once you've been tried and it's dismissed at trial, [01:49:30.580 --> 01:49:36.580] then they can't come back. [01:49:36.580 --> 01:49:38.580] So can I still fight it? [01:49:38.580 --> 01:49:42.580] Oh, yeah. [01:49:42.580 --> 01:49:47.580] The thing about traffic court is you're always going to lose in the traffic court. [01:49:47.580 --> 01:49:53.580] All you can do is set the record for a court of appeals. [01:49:53.580 --> 01:49:58.580] Traffic court is about seeing how much money they can collect. [01:49:58.580 --> 01:50:01.580] So what I like to do is bar-grieve the attorney. [01:50:01.580 --> 01:50:05.580] She's just going to complain to judge. [01:50:05.580 --> 01:50:09.580] Just generally make a nuisance of myself. [01:50:09.580 --> 01:50:11.580] All right. [01:50:11.580 --> 01:50:13.580] Let me hear my question. [01:50:13.580 --> 01:50:15.580] Were you looking that up, Eddie? [01:50:15.580 --> 01:50:16.580] Yeah, I'm looking at it. [01:50:16.580 --> 01:50:20.580] Let's see. [01:50:20.580 --> 01:50:25.580] It was last updated, 1995, 74th legislature. [01:50:25.580 --> 01:50:30.580] September 1st, 1995. [01:50:30.580 --> 01:50:31.580] Let's see. [01:50:31.580 --> 01:50:33.580] However... [01:50:33.580 --> 01:50:38.580] They were also going to defer it 30 days if I didn't get another ticket. [01:50:38.580 --> 01:50:42.580] All they'd have to do is pay them an extra $50 on top of... [01:50:42.580 --> 01:50:44.580] Yeah, they want you to bribe them. [01:50:44.580 --> 01:50:48.580] Yeah. [01:50:48.580 --> 01:50:49.580] Let's see. [01:50:49.580 --> 01:50:55.580] Yeah, it distinctly says an operator, though. [01:50:55.580 --> 01:50:56.580] Okay. [01:50:56.580 --> 01:50:58.580] You have an operator's license? [01:50:58.580 --> 01:50:59.580] No. [01:50:59.580 --> 01:51:04.580] Then you can't be an operator, can you? [01:51:04.580 --> 01:51:07.580] What's the definition of an operator? [01:51:07.580 --> 01:51:10.580] Were you operating in commerce? [01:51:10.580 --> 01:51:13.580] No. [01:51:13.580 --> 01:51:17.580] Then you have that argument. [01:51:17.580 --> 01:51:22.580] It's very well handled in Eddie's seminar material. [01:51:22.580 --> 01:51:23.580] Okay. [01:51:23.580 --> 01:51:26.580] But the lower courts always throw it out. [01:51:26.580 --> 01:51:35.580] But when you get into a higher court, you may actually get a county judge who will actually look at law. [01:51:35.580 --> 01:51:37.580] Right, but then you have to do the appeal. [01:51:37.580 --> 01:51:40.580] And I want to talk about that again tomorrow night. [01:51:40.580 --> 01:51:44.580] Let's just start that whole discussion over because we had so many technical problems tonight. [01:51:44.580 --> 01:51:45.580] Okay. [01:51:45.580 --> 01:51:47.580] I'll be sure to call tomorrow night then. [01:51:47.580 --> 01:51:48.580] Okay, good deal. [01:51:48.580 --> 01:51:49.580] Thank you all very much. [01:51:49.580 --> 01:51:50.580] Okay. [01:51:50.580 --> 01:51:51.580] Thanks, Ruben. [01:51:51.580 --> 01:51:52.580] Bye-bye. [01:51:52.580 --> 01:51:53.580] Okay. [01:51:53.580 --> 01:51:56.580] We're going to go now to Mike in Florida. [01:51:56.580 --> 01:52:01.580] We got about seven minutes, so everybody gets about three minutes here, and then we'll go to Ken in Texas. [01:52:01.580 --> 01:52:02.580] Mike, go ahead. [01:52:02.580 --> 01:52:04.580] What's on your minds? [01:52:04.580 --> 01:52:06.580] Yeah, this is for Eddie Craig. [01:52:06.580 --> 01:52:07.580] Yes. [01:52:07.580 --> 01:52:10.580] So we can see the Florida code, the transportation code. [01:52:10.580 --> 01:52:11.580] Uh-huh. [01:52:11.580 --> 01:52:18.580] And it defines a person as any natural person, firm, co-partnership, association, or corporation. [01:52:18.580 --> 01:52:19.580] Right. [01:52:19.580 --> 01:52:21.580] I believe I read someplace. [01:52:21.580 --> 01:52:22.580] I believe it's a case site word. [01:52:22.580 --> 01:52:29.580] I call it the birds of a feather clause where, you know, you've got words in a group and they should all... [01:52:29.580 --> 01:52:30.580] It's just on generis. [01:52:30.580 --> 01:52:31.580] Same. [01:52:31.580 --> 01:52:37.580] Rule of statutory construction. [01:52:37.580 --> 01:52:38.580] Where'd he go? [01:52:38.580 --> 01:52:39.580] I'm still here. [01:52:39.580 --> 01:52:45.580] Okay, do you have a definition in there for natural person? [01:52:45.580 --> 01:52:46.580] No. [01:52:46.580 --> 01:52:48.580] Of course, that's missing. [01:52:48.580 --> 01:52:49.580] Right. [01:52:49.580 --> 01:52:59.580] Well, here, based upon what I've seen according to how person is used, the natural person is the same thing as the individual. [01:52:59.580 --> 01:53:03.580] It's the one acting on behalf of the legal entity. [01:53:03.580 --> 01:53:04.580] Right. [01:53:04.580 --> 01:53:05.580] Okay? [01:53:05.580 --> 01:53:07.580] The one holding the office. [01:53:07.580 --> 01:53:12.580] He's a natural living, breathing man, but he's still an official person. [01:53:12.580 --> 01:53:13.580] Right. [01:53:13.580 --> 01:53:16.580] It basically works out to be the same deal. [01:53:16.580 --> 01:53:17.580] Okay. [01:53:17.580 --> 01:53:20.580] I'm just wondering if there was a case site. [01:53:20.580 --> 01:53:28.580] I could have sworn I'd read it someplace either in looking through transportation codes and case sites. [01:53:28.580 --> 01:53:38.580] Well, I've got case sites that say that statutory law, when it defines the term person, generally excludes the sovereign, [01:53:38.580 --> 01:53:44.580] which I've got plenty of case law that says, hey, that's us. [01:53:44.580 --> 01:53:47.580] That's probably in your course, isn't it? [01:53:47.580 --> 01:53:48.580] Yes. [01:53:48.580 --> 01:53:50.580] Okay. [01:53:50.580 --> 01:53:52.580] Okay, that's all I needed. [01:53:52.580 --> 01:53:53.580] Okay. [01:53:53.580 --> 01:53:54.580] Okay, great. [01:53:54.580 --> 01:53:55.580] Thanks, Mike. [01:53:55.580 --> 01:53:58.580] Okay, we're going to go now to Ken in Texas. [01:53:58.580 --> 01:54:00.580] All right, Ken, thanks for calling in. [01:54:00.580 --> 01:54:01.580] What's on your mind? [01:54:01.580 --> 01:54:02.580] Hi, there. [01:54:02.580 --> 01:54:04.580] I was reading something. [01:54:04.580 --> 01:54:11.580] It was a document written by a prosecutor up here in Texas City. [01:54:11.580 --> 01:54:13.580] And I just wanted to see what you thought of this. [01:54:13.580 --> 01:54:15.580] It's a sentence. [01:54:15.580 --> 01:54:23.580] It says, until there's a trial on the merit of defendant's case in municipal court, [01:54:23.580 --> 01:54:31.580] defendant has suffered no harm and all pretrial rulings on defendant's motions are mere incidental rulings, [01:54:31.580 --> 01:54:38.580] which may be corrected on appeal during the course of defendant's de novo hearing. [01:54:38.580 --> 01:54:40.580] I'll tell you what this is about. [01:54:40.580 --> 01:54:43.580] He was actually talking about a mandamus. [01:54:43.580 --> 01:54:48.580] But as I read this, to me it sounds like, if I could paraphrase it, [01:54:48.580 --> 01:54:54.580] they have a license to find you guilty because you can always go and appeal it. [01:54:54.580 --> 01:54:56.580] Yeah, that's exactly what they do, too. [01:54:56.580 --> 01:54:59.580] That's why they think they can get away with disobeying law. [01:54:59.580 --> 01:55:01.580] Oh, well, if I did something wrong, you can appeal it. [01:55:01.580 --> 01:55:02.580] Okay. [01:55:02.580 --> 01:55:07.580] Well, that gets really to one of my main new ideas I've come up with. [01:55:07.580 --> 01:55:13.580] And maybe it's not new to you, but I'll just dump it on you and then let you discuss it if you want. [01:55:13.580 --> 01:55:19.580] But I was looking at this big book I've got, it's called The Code of Criminal Procedure, hundreds of pages. [01:55:19.580 --> 01:55:21.580] What is that book really? [01:55:21.580 --> 01:55:27.580] You know, what I'm thinking that book really is, that book, everything in there is pretty much in there [01:55:27.580 --> 01:55:35.580] because it has to be in there because that's to prevent them from depriving us of our due process. [01:55:35.580 --> 01:55:41.580] Those are the bare minimum rules that they've got before they can deprive us of life, liberty, and property. [01:55:41.580 --> 01:55:43.580] Isn't that right? [01:55:43.580 --> 01:55:44.580] That is exactly right. [01:55:44.580 --> 01:55:45.580] That's exactly right. [01:55:45.580 --> 01:55:48.580] And Ken, just quickly, are you on a speaker phone or something? [01:55:48.580 --> 01:55:50.580] We're having a hard time hearing you. [01:55:50.580 --> 01:55:52.580] No, I'm not on a speaker phone. [01:55:52.580 --> 01:55:54.580] I'm sorry, I've got a bad connection, I guess. [01:55:54.580 --> 01:55:56.580] You're mistaken, guys. [01:55:56.580 --> 01:55:58.580] Remember where we are here. [01:55:58.580 --> 01:56:01.580] It's just a giant leather-bound paperweight. [01:56:01.580 --> 01:56:08.580] It looks good, sounds good, makes it look like they have a responsibility to the public. [01:56:08.580 --> 01:56:15.580] But until they actually crack the cover and read it and apply it, it ain't nothing but a paperweight. [01:56:15.580 --> 01:56:17.580] Sure. [01:56:17.580 --> 01:56:23.580] We're speaking to the intent of the legislation, not to the actual effect. [01:56:23.580 --> 01:56:30.580] But yes, I was hoping that's where you were going to go because trial de novo, [01:56:30.580 --> 01:56:36.580] it is trial de novo for the purpose of perfecting your appeal. [01:56:36.580 --> 01:56:47.580] You do not, in trial de novo, wave a complaint on violation of due process in the original trial. [01:56:47.580 --> 01:56:51.580] It does not give them a free ride. [01:56:51.580 --> 01:56:55.580] Even though these county courts think it does. [01:56:55.580 --> 01:56:59.580] It looks like they have compiled a group of case laws that just tells them, [01:56:59.580 --> 01:57:04.580] hey, as long as they can get a new trial, you can do anything you want to them. [01:57:04.580 --> 01:57:07.580] So that's all I had to say, guys. [01:57:07.580 --> 01:57:09.580] I'll hang up and let you finish it up. [01:57:09.580 --> 01:57:14.580] That's why we filed bar grievances and judicial conduct complaints, [01:57:14.580 --> 01:57:19.580] so that when we go to the next trial, trial de novo, we can do it all again. [01:57:19.580 --> 01:57:21.580] Yeah, and that's not going to be enough. [01:57:21.580 --> 01:57:23.580] We're going to have to file lawsuits against these people, too. [01:57:23.580 --> 01:57:30.580] I talked about that in the seminar, too, filing an original lawsuit as a plaintiff, [01:57:30.580 --> 01:57:32.580] an original petition in the district court. [01:57:32.580 --> 01:57:35.580] And I want to go over all that tomorrow night as well. [01:57:35.580 --> 01:57:38.580] We're discussing appealing class C misdemeanors. [01:57:38.580 --> 01:57:43.580] Is the county court the final court of appeal or is it not? [01:57:43.580 --> 01:57:46.580] Apparently, Randy was saying you can't find it in the statute, [01:57:46.580 --> 01:57:49.580] even though that's what everyone says at the JP court. [01:57:49.580 --> 01:57:52.580] So we're going to discuss that some more tomorrow night [01:57:52.580 --> 01:57:55.580] and how you can deal with a traffic ticket if you lose the appeal [01:57:55.580 --> 01:58:00.580] or these sort of things when you get ruled against any municipal court. [01:58:00.580 --> 01:58:06.580] Filing injunctions against the warrant, all these kinds of things, how you can sue them. [01:58:06.580 --> 01:58:11.580] We're going to go over all of that again tomorrow night. [01:58:11.580 --> 01:58:13.580] So we'll be right back. [01:58:13.580 --> 01:58:14.580] I mean, I'm sorry. [01:58:14.580 --> 01:58:17.580] We'll be back tomorrow night. [01:58:17.580 --> 01:58:19.580] This is the rule of law. [01:58:19.580 --> 01:58:24.580] Randy Kelton, Deborah Stevens, Eddie Craig. [01:58:24.580 --> 01:58:30.580] Stay tuned for image fraud detection. [01:58:54.580 --> 01:58:58.580] It's legal. [01:58:58.580 --> 01:59:00.580] I'm like a stepping razor. [01:59:00.580 --> 01:59:02.580] Don't you watch my sides. [01:59:02.580 --> 01:59:04.580] I'm dangerous. [01:59:04.580 --> 01:59:06.580] Dangerous. [01:59:06.580 --> 01:59:08.580] I'm like a stepping razor. [01:59:08.580 --> 01:59:10.580] Don't you watch my sides. [01:59:10.580 --> 01:59:12.580] I'm dangerous. [01:59:12.580 --> 01:59:13.580] Dangerous. [01:59:13.580 --> 01:59:16.580] If you are a Chucky, [01:59:16.580 --> 01:59:20.580] nobody Chucky from me. [01:59:20.580 --> 01:59:22.580] If you are a Chucky, [01:59:22.580 --> 01:59:24.580] Chucky, [01:59:24.580 --> 01:59:26.580] nobody Chucky from me. [01:59:26.580 --> 01:59:28.580] If you are a Chucky, [01:59:28.580 --> 01:59:30.580] I'm like a stepping razor. [01:59:30.580 --> 01:59:32.580] Don't you watch my sides. [01:59:32.580 --> 01:59:34.580] I'm dangerous. [01:59:34.580 --> 01:59:36.580] I'm dangerous. [01:59:36.580 --> 01:59:38.580] I'm like a stepping razor. [01:59:38.580 --> 01:59:40.580] Don't you watch my sides. [01:59:40.580 --> 01:59:42.580] I'm dangerous. [01:59:42.580 --> 01:59:44.580] Dangerous. [01:59:44.580 --> 01:59:50.580] When you eat, I want you to eat too. [01:59:50.580 --> 01:59:54.580] If you drink, let's move. [01:59:54.580 --> 02:00:20.580] I'm dangerous.