[00:00.000 --> 00:07.720]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.720 --> 00:08.720]  at thelibertybeat.com.
[00:08.720 --> 00:13.520]  I'm Brian Hagan with your Liberty Beat for Monday, June 9th, 2014.
[00:13.520 --> 00:21.560]  Gold opens today at $1,256, silver opens at $19.16, and bitcoin is trading at $6.4971.
[00:21.560 --> 00:26.160]  Support for the Liberty Beat comes from GrowYourOwnGroceries.org, now offering an eight-week course where
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[00:31.520 --> 00:34.160]  Learn more at GrowYourOwnGroceries.org.
[00:34.160 --> 00:38.640]  And support comes from Bitmain Tech, creators of the newly released Antminer S2 Bitcoin
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[00:50.200 --> 00:54.880]  In the news, a gun battle lasting hours left 13 people dead after attackers stormed an
[00:54.880 --> 00:58.920]  international airport in Pakistan's largest city late Sunday night.
[00:58.920 --> 01:03.360]  The LA Times reports a gunfire and explosions occurring around 4.30 a.m. sent travelers
[01:03.360 --> 01:04.960]  running for safety.
[01:04.960 --> 01:08.840]  Reports confirm the 10 attackers were killed by Army soldiers, and a fire burning wildly
[01:08.840 --> 01:11.840]  has been extinguished.
[01:11.840 --> 01:16.520]  Two new transportation services, Lyft Inc. and Uber, have launched in Austin, despite
[01:16.520 --> 01:19.240]  city officials publicly denouncing the services.
[01:19.240 --> 01:23.280]  Similar to Lyft, Uber allows users to hail a ride using their smartphones through an
[01:23.280 --> 01:25.640]  app that identifies nearby drivers.
[01:25.640 --> 01:29.560]  Under city code, a ride shares when a driver receives no more than the federally established
[01:29.560 --> 01:31.360]  56 cents per mile.
[01:31.360 --> 01:35.960]  In order to circumvent these city's rules, Uber is providing rides free of charge.
[01:35.960 --> 01:38.800]  Uber's minimum fare in San Antonio is $5.70.
[01:38.800 --> 01:40.880]  Uber takes a 20% cut of the fares.
[01:40.880 --> 01:45.120]  Austin police recently cited three Lyft drivers and impounded two cars.
[01:45.120 --> 01:50.040]  But Uber says they're prepared for anything and ready to protect their drivers.
[01:50.040 --> 01:55.880]  Monday, President Obama is expected to issue an executive action making it easier for young
[01:55.880 --> 02:00.640]  people to avoid trouble repaying student loans, that word from a White House official.
[02:00.640 --> 02:04.120]  The order will direct the Secretary of Education to ensure more students will be allowed to
[02:04.120 --> 02:09.080]  cap their loan payments at 10% of their monthly income, although federal law currently allows
[02:09.080 --> 02:11.360]  this for most students already.
[02:11.360 --> 02:16.280]  The new law will extend the ability for students who borrowed before October 2007 or those
[02:16.280 --> 02:19.760]  who haven't borrowed since October of 2011.
[02:19.760 --> 02:24.200]  Support for the Liberty Beat comes from Affordable Sound, CD and DVD duplication, along with
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[02:26.120 --> 02:30.800]  Mention promo code LIBERTY and when you order 10 or more posters, you get 10 free.
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[02:36.160 --> 02:41.040]  And support comes from Voice in Exit, maximizing human flourishing through radical innovation.
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[02:44.840 --> 02:49.960]  June 21st at Austin Musical, get yours at VoiceInExit.com.
[02:49.960 --> 02:53.880]  This is the Liberty Beat for Monday, June 9th, 2014.
[02:53.880 --> 03:23.800]  Check out the website at TheLibertyBeat.com.
[03:23.880 --> 03:44.400]  This is the Liberty Beat for Monday, June 9th, 2014.
[03:44.400 --> 03:52.400]  answer for the weed that he dug. He'll take all the rope in Texas by the tall old tree, round up all of them
[03:52.400 --> 04:01.400]  that boys hang on high on the street, for all the people to see.
[04:01.400 --> 04:09.400]  And just as one thing you should always find, you've got to settle up before you've got to draw a hard line.
[04:09.400 --> 04:17.400]  If the guns won't settle, we'll sing a victory tune, and we'll all meet back at the horseshoe.
[04:17.400 --> 04:22.400]  We'll raise up our glasses against evil forces singing,
[04:22.400 --> 04:27.400]  whiskey for my men, beer for my horses.
[04:27.400 --> 04:33.400]  Alright folks, good evening. This is the Monday Night Rule of Law Radio Show, and I'm your host, Eddie Craig.
[04:33.400 --> 04:41.400]  Today is June 9th, 2014. Alright. Man, we've already got people stacking up on the color board here.
[04:41.400 --> 04:46.400]  Just a quick bit of information I want to go over tonight.
[04:46.400 --> 04:52.400]  Just, you know, in general, the more that people are calling me asking for help,
[04:52.400 --> 04:57.400]  and the more that I'm looking at the situations they're finding themselves in, and what the responses are
[04:57.400 --> 05:01.400]  that these judges are coming up with and how they're doing things,
[05:01.400 --> 05:09.400]  the more I wonder what we're going to do about what is happening to our justice system.
[05:09.400 --> 05:12.400]  Because there's no justice in it.
[05:12.400 --> 05:23.400]  It is entirely set up to railroad those that they can extract money from in the most efficient manner possible.
[05:23.400 --> 05:32.400]  They give absolutely no recognition to any capability of anyone that is not an attorney
[05:32.400 --> 05:40.400]  to even speak to the court in a manner that is relevant to the actual law.
[05:40.400 --> 05:50.400]  And they won't read our pleadings. They won't do anything that they're required to do to provide a fair and impartial trial.
[05:50.400 --> 05:55.400]  So I'm going to make a suggestion on something we need to start doing,
[05:55.400 --> 06:00.400]  which is kind of out of Randy's playbook with a twist.
[06:00.400 --> 06:03.400]  If y'all remember back when I originally started on this,
[06:03.400 --> 06:09.400]  Randy's favorite thing about doing written pleadings was to determine whether or not the judge actually read it.
[06:09.400 --> 06:14.400]  And he would do that by asking the judge if he had read the paragraph
[06:14.400 --> 06:25.400]  where you accuse the judge of cheating on his wife with some other person that you knew in order to have a conflict of interest.
[06:25.400 --> 06:30.400]  After the judge said in open court, yes, I've read these pleadings, when you knew full well he hadn't,
[06:30.400 --> 06:34.400]  you ask them if they read that paragraph, and of course they'd have to go back and say, no, I didn't read that.
[06:34.400 --> 06:38.400]  I didn't see that in there. And you say, well, go and pay such-and-such, and then we need to flip to it.
[06:38.400 --> 06:43.400]  I don't see that here. And I was going, yes, that's because you didn't read it.
[06:43.400 --> 06:52.400]  So one of the things I would like to suggest that we start doing in regards to that is we get them on the fence with that,
[06:52.400 --> 06:56.400]  saying that, yeah, I've read it and blah, blah, blah, and when we know they haven't,
[06:56.400 --> 06:59.400]  make a statement like that that has them looking to see if it's in there.
[06:59.400 --> 07:05.400]  And when they go looking for it and say, well, I don't see that here, and I was going, of course you don't.
[07:05.400 --> 07:09.400]  Had you actually read the document, you would know that was not in there.
[07:09.400 --> 07:15.400]  But by your actions, you've proven that you never read the document.
[07:15.400 --> 07:18.400]  You have no intention of reading the document.
[07:18.400 --> 07:23.400]  Therefore, you have no intention of providing me with a fair and impartial trial.
[07:23.400 --> 07:27.400]  You've already made up your mind that law does not matter to you,
[07:27.400 --> 07:34.400]  or that my ability to tell you where the law you're missing is matters to you.
[07:34.400 --> 07:37.400]  There's nothing fair and impartial about this process, Judge.
[07:37.400 --> 07:44.400]  So now I'm going to demand that you recuse yourself because you are as biased as a Texas summer day is law.
[07:44.400 --> 07:46.400]  Well, I'm not going to do that. Fine.
[07:46.400 --> 07:51.400]  Then I move the court to give me a continuance for the purpose of filing a written motion to disqualify
[07:51.400 --> 07:56.400]  because you are obviously not fair and impartial.
[07:56.400 --> 08:01.400]  Now, of course, this goes hand in hand with the fact that opposing counsel, the state,
[08:01.400 --> 08:06.400]  has never filed a single document in the case, not one.
[08:06.400 --> 08:10.400]  They have not filed the first pleading of any kind.
[08:10.400 --> 08:15.400]  And of course, if you've read the Code of Criminal Procedure, you know in 27.01,
[08:15.400 --> 08:19.400]  it says that the primary pleading of the state in a criminal prosecution is the indictment or information,
[08:19.400 --> 08:23.400]  which these cases never have.
[08:23.400 --> 08:37.400]  Everything about these Class C fine onlys, especially, is easily shown to deprive you of your rights to due process and justice in general.
[08:37.400 --> 08:46.400]  Now, something I pointed out in class, there used to be a section in the code where they allowed the judge
[08:46.400 --> 08:50.400]  to have you sit out your sentence if you couldn't afford to pay the fine.
[08:50.400 --> 08:59.400]  Well, that section of the code was repealed, 95, 96, somewhere in that neighborhood, maybe even as late as 99,
[08:59.400 --> 09:02.400]  but it was repealed.
[09:02.400 --> 09:12.400]  And I have never located where that was relocated to, if it was reinstated somewhere else, until just recently.
[09:12.400 --> 09:24.400]  I have found that it has suddenly magically, apparently, appeared in the Code of Criminal Procedure under Chapter 45,
[09:24.400 --> 09:37.400]  down in Section 200, following the part where they talk about the city attorney being able to prosecute in the name of the state in these municipal courts.
[09:37.400 --> 09:48.400]  Well, suddenly now there's a section down there that says that they can have you sit out the fine in jail.
[09:48.400 --> 09:55.400]  So here is one of the provable due process problems with that.
[09:55.400 --> 10:07.400]  First, we have the issue of they say that these are fine-only offenses for which you cannot be sentenced to jail as a part of the punishment.
[10:07.400 --> 10:13.400]  The courts then use that as an excuse to say that even though we're charging you with a crime,
[10:13.400 --> 10:22.400]  and the Texas Constitution says that all crimes require you to be provided with assistance of counsel in a matter like this,
[10:22.400 --> 10:29.400]  we're not going to give it to you because we cannot sentence you to jail as a part of the punishment.
[10:29.400 --> 10:34.400]  So they deprive you of your right to assistance of counsel.
[10:34.400 --> 10:44.400]  But when you go read these new sections, they later determine that now if you cannot pay the judgment,
[10:44.400 --> 10:57.400]  then the court can authorize your incarceration to sit out the time allotted for the money amount of the judgment.
[10:57.400 --> 11:03.400]  Now, here they're saying we can't sentence you to jail, so we're not going to give you counsel.
[11:03.400 --> 11:08.400]  But if you fail to pay what we judge against you because we didn't give you counsel,
[11:08.400 --> 11:15.400]  then we can throw you in jail, and your lack of counsel is not any defense against the incarceration process.
[11:15.400 --> 11:27.400]  So what has happened is the Texas courts have effectively circumvented two constitutional prohibitions in a single act
[11:27.400 --> 11:32.400]  that was created and made possible by your legislature.
[11:32.400 --> 11:41.400]  These two have cooperated to now make it where not only can you be deprived or protected right in a criminal matter,
[11:41.400 --> 11:48.400]  which is assistance of counsel, so that you would never have gotten convicted in the first place if your counsel did his job correctly,
[11:48.400 --> 11:59.400]  and secondly, they have brought back debtor's prisons because now they're saying if you do not pay what you owe the state,
[11:59.400 --> 12:03.400]  we can put you in jail to sit it out.
[12:03.400 --> 12:11.400]  That's a debtor's prison. That is imprisoning you for a debt.
[12:11.400 --> 12:21.400]  You deprive me of one right so that you can then act under the illusion of propriety
[12:21.400 --> 12:30.400]  so that you can then deprive me of yet another right that you're forbidden to deprive me of in either case.
[12:30.400 --> 12:38.400]  And yet people don't see this, not the courts, not the attorneys.
[12:38.400 --> 12:45.400]  They all try to say that it's okay. It's okay that it works that way. That's justifiable.
[12:45.400 --> 12:55.400]  Well, let me ask you a question. Who gave them the power to overturn the constitutional provisions that said it's not justifiable?
[12:55.400 --> 13:03.400]  It wasn't me. I haven't found it in the Constitution anywhere, Texas Constitution, that is.
[13:03.400 --> 13:10.400]  And what bugs me even more is that the Texas courts are relying on decisions made by the United States Supreme Court
[13:10.400 --> 13:16.400]  in relation to the federal Constitution where they say also that if you can only be punished by a fine,
[13:16.400 --> 13:23.400]  you're not entitled to counsel, when again the federal Constitution also says in all criminal prosecutions,
[13:23.400 --> 13:28.400]  the defense is entitled to the right to assistance of counsel.
[13:28.400 --> 13:37.400]  Now the other thing that they've got is you are only entitled to that right of assistance of counsel if you are indigent.
[13:37.400 --> 13:45.400]  In other words, if you want counsel, you pay for it yourself unless you let us know that you're indigent and we agree that you're indigent.
[13:45.400 --> 13:57.400]  And then what do they do? They completely just ignore the proper rules for determining indigency.
[13:57.400 --> 14:03.400]  Indigency does not mean that you have to be dirt poor. It does not mean you have to be broke.
[14:03.400 --> 14:15.400]  Indigency simply means that whatever the cost is that you're incurring for this case, whether it be legal fees, transcripts, whatever,
[14:15.400 --> 14:23.400]  that having to pay that money would create a financial hardship on the person or their family.
[14:23.400 --> 14:30.400]  That's it, a financial hardship. In other words, if I pay for this stuff, I can't pay for meals, I can't pay my rent,
[14:30.400 --> 14:38.400]  I can't pay my car insurance, I can't pay for any of the things that keep my family going.
[14:38.400 --> 14:44.400]  That's all that is, a financial hardship that would make it difficult, if not impossible,
[14:44.400 --> 14:51.400]  for you to meet all of your monthly fiduciary requirements in order to just keep living.
[14:51.400 --> 15:01.400]  Now they want to say if you even own a piece of property anywhere, you're not indigent because you own something.
[15:01.400 --> 15:11.400]  Because for our $1,000 fine, you can put up a third or fourth or fifth mortgage on your $100,000 or $150,000 house.
[15:11.400 --> 15:19.400]  And you can risk losing it because you didn't make a payment on that mortgage for that $1,000 fine.
[15:19.400 --> 15:27.400]  Does anyone not see how this system is set up to get your property back into a commercial agreement
[15:27.400 --> 15:40.400]  that would allow them to steal it for virtually nothing and deprive you of all of your protected rights in the process?
[15:40.400 --> 15:53.400]  Is it really so hard to see that? Is it really so hard to understand and recognize that this is sedition?
[15:53.400 --> 16:00.400]  This is treason. This is why we have a second amendment.
[16:00.400 --> 16:10.400]  Why our Constitution for Texas says that we the people, not the government, we have the inherent political power.
[16:10.400 --> 16:22.400]  It belongs to us and we can disband and get rid of this government by any means we deem necessary to protect ourselves from its corruption.
[16:22.400 --> 16:26.400]  It's written right into the Texas Constitution so that we can do that.
[16:26.400 --> 16:34.400]  And yet, the public servants are saying that the Constitution doesn't give the people the power to do what they want to do
[16:34.400 --> 16:38.400]  in order to keep their government functioning in the best interest of the people.
[16:38.400 --> 16:45.400]  It only functions in the way the government employees want it to function to protect them from us.
[16:45.400 --> 16:49.400]  What's wrong with this picture, Texans?
[16:49.400 --> 16:57.400]  All right, folks, we're going to take a break. When we get back, I'm going to start taking your phone calls, 512-646-1984.
[16:57.400 --> 17:00.400]  Give us a call. We will be right back.
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[19:00.400 --> 19:10.400]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:10.400 --> 19:34.400]  Look what we got. We asked the question. I wonder what I did. I don't have an answer. I've been invited.
[19:34.400 --> 19:44.400]  We asked the question. Look what we got. I wonder what I did. I don't have an answer. I've been invited.
[19:44.400 --> 20:07.400]  We asked the question. Look what we got. I wonder what I did. I don't have an answer. I've been invited.
[20:07.400 --> 20:15.400]  I wonder what I did. I don't have an answer. I don't have an answer.
[20:15.400 --> 20:24.400]  All right, folks. We are back. This is Rule of Law Radio. Call in numbers 512-646-1984.
[20:24.400 --> 20:28.400]  We have a couple of callers up on the board, but I need some more.
[20:28.400 --> 20:33.400]  Right now, we're going to go to Brandon in Texas. Brandon, what can we do for you?
[20:33.400 --> 20:43.400]  Hey, Eddie. How are you doing tonight? I have a question about Article 14, Chapter 14, Code of Criminal Procedure, arrest without warrant.
[20:43.400 --> 20:44.400]  Okay.
[20:44.400 --> 20:49.400]  I'm in the county, of course, for an appeal from municipal.
[20:49.400 --> 20:56.400]  Whenever you make that first appearance for the judge, is he, the way I'm reading, 1406,
[20:56.400 --> 21:03.400]  he's supposed to perform the duties described in Article 15.17, which is essentially around the warnings.
[21:03.400 --> 21:08.400]  But it seems like they try to do an end run around it with 1406B, where it says,
[21:08.400 --> 21:13.400]  anyone being charged with an offense that's a Class C misdemeanor,
[21:13.400 --> 21:21.400]  they don't have to be immediately taken before the magistrate, but they can appear at a time later before a magistrate.
[21:21.400 --> 21:29.400]  But the difference between Section A and then Sections C, which covers Class A and B misdemeanors,
[21:29.400 --> 21:37.400]  those two sections explicitly say that the magistrate will perform the duties of 15.17.
[21:37.400 --> 21:40.400]  So I was wondering, what's your thoughts on that?
[21:40.400 --> 21:47.400]  Well, you don't get back to 1406B and C until you get into 15.17G,
[21:47.400 --> 21:53.400]  which then tells you what the proper context of 1406B and C actually is.
[21:53.400 --> 22:00.400]  And you will notice in there that it's for the purpose of issuing a warrant for failure to appear.
[22:00.400 --> 22:03.400]  They can only do it for the As and the Bs.
[22:03.400 --> 22:11.400]  They cannot do it for Cs because there's no authority in the law for it.
[22:11.400 --> 22:17.400]  See, when you get into the 543 of the transportation code,
[22:17.400 --> 22:26.400]  where it says that the person commits a failure to appear if they don't comply with the notice to appear on the citation,
[22:26.400 --> 22:39.400]  that is local and specific to that, to the transportation code, as far as the type of offense that's committed.
[22:39.400 --> 22:43.400]  But notice that that section of the transportation code doesn't specify
[22:43.400 --> 22:47.400]  what level of offense it's dealing with under the transportation code.
[22:47.400 --> 22:50.400]  So the presumption automatically is it's dealing with any offense.
[22:50.400 --> 22:52.400]  Right.
[22:52.400 --> 22:55.400]  But when you get into the code of criminal procedure,
[22:55.400 --> 22:59.400]  when you deal with those under 15.17G,
[22:59.400 --> 23:08.400]  where it specifically addresses how the court is to handle Class C misdemeanors on a citation,
[23:08.400 --> 23:14.400]  it never once grants the court the power to issue a warrant for the arrest of the individual for failure to appear.
[23:14.400 --> 23:23.400]  It only does that in the instance of a Class A or Class B misdemeanor offense under the citation.
[23:23.400 --> 23:26.400]  Right, right.
[23:26.400 --> 23:27.400]  Okay.
[23:27.400 --> 23:33.400]  So the reason I ask that is that I went before a judge and, of course, he didn't do his job.
[23:33.400 --> 23:43.400]  So I was working last night, dragging up a pleading to – I must have dismissed for failure of – I don't know.
[23:43.400 --> 23:45.400]  I haven't figured out the title yet.
[23:45.400 --> 23:54.400]  But basically, you know, he didn't do his duty in accordance with 15.17 when I made my appearance before the court.
[23:54.400 --> 23:55.400]  Right.
[23:55.400 --> 23:56.400]  And they never do.
[23:56.400 --> 23:59.400]  They never do their duty under 15.17G.
[23:59.400 --> 24:04.400]  And they'll sure as heck put paperwork in front of you to sign off on saying that they did.
[24:04.400 --> 24:06.400]  Well, actually, they didn't.
[24:06.400 --> 24:13.400]  The only thing that – obviously, we came in and the bailiff was there handing out just something that,
[24:13.400 --> 24:18.400]  you know, asks if somebody wants to have an attorney appointed for them and who are pro se.
[24:18.400 --> 24:21.400]  And that was basically it.
[24:21.400 --> 24:25.400]  Everything that we signed was literally you've been – and even –
[24:25.400 --> 24:29.400]  Wait, wait, wait. Everything you signed?
[24:29.400 --> 24:37.400]  Everything that they handed out to us for asking about if we wanted representation is what it was about.
[24:37.400 --> 24:40.400]  Everything was related to representation from a lawyer.
[24:40.400 --> 24:41.400]  Okay.
[24:41.400 --> 24:46.400]  When you say related to representation, give me an example.
[24:46.400 --> 24:52.400]  Literally, it was like a pleading and it was a single page long.
[24:52.400 --> 25:01.400]  And it said that I had been advised that I have a right to an attorney and then it had three check boxes for –
[25:01.400 --> 25:04.400]  And who advised you of that?
[25:04.400 --> 25:06.400]  Well, the bailiff did initially and then –
[25:06.400 --> 25:09.400]  Oh, the bailiff is giving legal advice?
[25:09.400 --> 25:13.400]  Yes.
[25:13.400 --> 25:16.400]  Or was the bailiff attempting to Mirandize you?
[25:16.400 --> 25:23.400]  No, they made no attempt to Mirandize. It was literally a big cow line and they –
[25:23.400 --> 25:30.400]  he was handing out just these papers and, you know, have a seat, read it over and bring it back.
[25:30.400 --> 25:34.400]  Okay. But you didn't sign anything?
[25:34.400 --> 25:39.400]  Well, once I read it, I did sign it and I'm feeling that, you know, you're going to –
[25:39.400 --> 25:49.400]  you know, probably spank me for that, but I signed it because it was only just – literally just about would you like a lawyer.
[25:49.400 --> 25:54.400]  Okay. Which you said what?
[25:54.400 --> 25:55.400]  I declined.
[25:55.400 --> 25:58.400]  Okay.
[25:58.400 --> 25:59.400]  Okay.
[25:59.400 --> 26:03.400]  All right. So then what is your actual question?
[26:03.400 --> 26:08.400]  Well, my question was – you already answered it with –
[26:08.400 --> 26:11.400]  Okay. So it was just about the 1406?
[26:11.400 --> 26:12.400]  Yes.
[26:11.400 --> 26:12.400]  Okay.
[26:12.400 --> 26:21.400]  You have to perform those duties on the 1517A, which you clarified 1517G is crystal clear in that regard.
[26:21.400 --> 26:26.400]  And I guess I didn't make it down that far. I was just looking at 1406B, which kind of leaves it open.
[26:26.400 --> 26:31.400]  So I'm glad I called in to talk to you just so I caught my attention to that.
[26:31.400 --> 26:36.400]  So then that's where my pleading goes in my next argument.
[26:36.400 --> 26:39.400]  But yeah, that was basically my question.
[26:39.400 --> 26:45.400]  Yeah. They never, ever do 1517G correctly. Never.
[26:45.400 --> 26:46.400]  Right.
[26:46.400 --> 26:55.400]  I have yet to ever be asked if English is my first language, if I'm deaf, if I need a translator, if I even want an attorney.
[26:55.400 --> 27:06.400]  They've never, never asked me that once, nor have they ever at any point during the initial stop, any arrest, any appearance.
[27:06.400 --> 27:10.400]  Not once have they ever read me my rights. Not once.
[27:10.400 --> 27:17.400]  Right. And then that's – I got two motions to quash evidence in there because they're going to try to introduce that citation in there.
[27:17.400 --> 27:18.400]  They're going to try to introduce –
[27:18.400 --> 27:23.400]  No, no, no. It's a motion to suppress, not quash. It's a motion to suppress.
[27:23.400 --> 27:30.400]  Right. Okay. Yeah, it says suppress. I just – that's what I just used just now at the top of my head.
[27:30.400 --> 27:36.400]  But I have two motions to suppress because they're going to try to introduce all this stuff into evidence,
[27:36.400 --> 27:44.400]  footage of me on film, me allegedly speeding, so on and so forth. But according to 38.22 –
[27:44.400 --> 27:51.400]  Well, the camera is not proof of speeding. The camera has no way of proving you speeding.
[27:51.400 --> 27:59.400]  Well, the one that they showed me had had a little – like a data bar on the side of the screen that has, obviously, time of day.
[27:59.400 --> 28:03.400]  Yeah, but that's from the cruiser. It's not you.
[28:03.400 --> 28:05.400]  Well, okay. Yes, yes. On the cruiser, yeah.
[28:05.400 --> 28:09.400]  Okay. If the cruiser is doing 80, who's speeding?
[28:09.400 --> 28:11.400]  Yeah.
[28:11.400 --> 28:18.400]  That is in no way proof positive that you were speeding unless the cruiser lined up right behind you and paced you.
[28:18.400 --> 28:27.400]  Right. Yeah, I agree. But I guess where I was going with my motion to suppress anything to be admitted into evidence is
[28:27.400 --> 28:36.400]  38.22 and 23 basically said that the warnings of 1517 had to have been read to the person before the statements.
[28:36.400 --> 28:37.400]  And –
[28:37.400 --> 28:43.400]  Well, there's another section you need to read as well, and that's 38.22.
[28:43.400 --> 28:48.400]  Yeah, 38.22 of the Code of Criminal Procedure.
[28:48.400 --> 28:54.400]  Okay. All right. I'll give that a read also. I have one other question for you if I have time.
[28:54.400 --> 28:56.400]  Sure.
[28:56.400 --> 29:07.400]  Yeah. So I was reading one of the pleadings about those in the getting your records section, and there's a pleading in there for getting your court records.
[29:07.400 --> 29:15.400]  And the first thing that it says, and it's really emphatic the way you wrote it, you know, this is not a request in accordance with Chapter –
[29:15.400 --> 29:18.400]  522 Government Code or 523.
[29:18.400 --> 29:26.400]  Yeah. So when we read through that, you know, you come to where it says that court records, since courts and sections are supposed to be public,
[29:26.400 --> 29:34.400]  that court records aren't something that are exempt from the Open Records Act just from them being judicial records. They're not judicial records.
[29:34.400 --> 29:37.400]  They're just court records of the courts.
[29:37.400 --> 29:42.400]  Well, there's two types of records in the court. There's the administrative and there's the adjudicated.
[29:42.400 --> 29:45.400]  Hang on just a second. We'll discuss that on the other side.
[29:45.400 --> 29:50.400]  All right, folks. This is Rule of Law Radio, the call in number 512-646-1984.
[29:50.400 --> 29:57.400]  Danny Troy, I see you there on the board. I don't have a call screener there on screen, so I'll have to get to you and figure out who you are when I get that far.
[29:57.400 --> 30:05.400]  Well, hang on. We will be right back.
[30:05.400 --> 30:11.400]  When a cat gets stuck in a tree, you get out the ladder. But what do you do if the critter is a drunken moose?
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[30:55.400 --> 31:06.400]  With his neighbor on vacation, Johansson crept next door, where he spied a full-grown moose, dangling from the branches of an apple tree, apparently tipsy on fermented apples.
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[33:11.400 --> 33:29.400]  Yeah, I got a warrant, and I'm gonna solve them, to the head of government them, prosecute them. Okay.
[33:29.400 --> 33:53.400]  All right, folks, we are back.
[33:53.400 --> 34:00.400]  This is Rule of Law Radio, calling number 512-646-1984, and we are currently talking to Brandon in Texas.
[34:00.400 --> 34:03.400]  All right, Brandon, go ahead.
[34:03.400 --> 34:12.400]  Yeah, so the tweeting that you have in there is specific that it's not an open records request for your documents.
[34:12.400 --> 34:28.400]  Now, I did an open records request for a couple other things, the assistant DA's office and bond and some other things, and in there I asked for, I wanted the transcript from my appearance before the judge.
[34:28.400 --> 34:33.400]  So that went to the open records officer, and he said that, well, he didn't have access to it.
[34:33.400 --> 34:43.400]  You know the court staff, so I emailed the court staff, the recorder, and she basically quoted me as $75 for this, for a transcribe.
[34:43.400 --> 34:53.400]  And anything over 40, you're supposed to get a written itemized statement for your charge and then proceed from there if it's an open records request, which...
[34:53.400 --> 34:56.400]  Actually, it's $40.
[34:56.400 --> 35:04.400]  Oh, okay, I said $45, sorry. Yeah, so $40. So I never got that.
[35:04.400 --> 35:22.400]  What would be my next step from that? Because I was in the process of doing something with the attorney general, getting the attorney general's opinion, but I'm trying to figure out the right pleadings and draft for that.
[35:22.400 --> 35:24.400]  I want to know if you have any ideas.
[35:24.400 --> 35:29.400]  Are you trying to tell me again exactly what the pleading is supposed to do?
[35:29.400 --> 35:36.400]  With the pleading, honestly, if they didn't follow the open records...
[35:36.400 --> 35:42.400]  If they didn't follow it, that's not a pleading. That's an official complaint to the attorney general's office.
[35:42.400 --> 35:44.400]  Okay, so it will go to the attorney general's office.
[35:44.400 --> 35:51.400]  Yes, it's an actual criminal complaint to the attorney general's office. That's a criminal offense for them to not comply with an open records request.
[35:51.400 --> 35:54.400]  Okay.
[35:54.400 --> 36:02.400]  That's down in 522.323, I believe, of the government code.
[36:02.400 --> 36:05.400]  Okay. All right. Cool.
[36:05.400 --> 36:13.400]  So I'm going to complain and then I'm going to press on with 15.17G with my other pleading, my other most to dismiss.
[36:13.400 --> 36:16.400]  That's basically all I have tonight. Now you've got other calls lined up.
[36:16.400 --> 36:18.400]  All right. Thanks for calling in, man.
[36:18.400 --> 36:19.400]  All right, take it easy.
[36:19.400 --> 36:24.400]  All right. Now we're going to go to Danny in Illinois.
[36:24.400 --> 36:27.400]  Danny, what can we do for you?
[36:27.400 --> 36:31.400]  I have some questions about the property tax.
[36:31.400 --> 36:33.400]  Uh-huh.
[36:33.400 --> 36:42.400]  There's a house in Missouri, which I've heard the story of, and I'm trying to get some information for him.
[36:42.400 --> 36:58.400]  He hasn't paid any property tax on the house for several years, and he recently received something stating that somebody bought the delinquent taxes.
[36:58.400 --> 36:59.400]  Uh-huh.
[36:59.400 --> 37:10.400]  And that they actually sent a letter to the house to the people who are staying there saying that they need to be out by the 15th of June.
[37:10.400 --> 37:12.400]  What a little bit of a –
[37:12.400 --> 37:16.400]  Did you ever receive notice of a tax foreclosure?
[37:16.400 --> 37:23.400]  Not a foreclosure. They just – this is from a lawyer that just stated that everybody needed to vacate the house.
[37:23.400 --> 37:27.400]  Wait, wait, wait, wait, wait. You said someone bought it at a tax sale.
[37:27.400 --> 37:32.400]  How could there have been a tax sale without notice?
[37:32.400 --> 37:35.400]  Right.
[37:35.400 --> 37:41.400]  Well, I know it's right. My question is, when were you notified?
[37:41.400 --> 37:45.400]  As far as I could tell, he was not notified.
[37:45.400 --> 37:47.400]  Who was not notified?
[37:47.400 --> 37:56.400]  The owner. He does not live there, so whoever was staying at the house may not have forwarded it to him.
[37:56.400 --> 38:01.400]  Okay.
[38:01.400 --> 38:09.400]  Then his only opportunity to fight this is to say he'd never received any notice regarding the tax sale.
[38:09.400 --> 38:14.400]  Now, I don't know what the procedure – where did this occur?
[38:14.400 --> 38:15.400]  In Missouri.
[38:15.400 --> 38:23.400]  Okay. Then he needs to look at whatever the Missouri laws are in relation to fighting a tax foreclosure.
[38:23.400 --> 38:32.400]  Because I don't know the Missouri statutes on that as to how and when notice is required to be done, but it is required to be done,
[38:32.400 --> 38:40.400]  and how he has to address it and what timeframe he's got. All that he's going to have to find out by what's in there.
[38:40.400 --> 38:48.400]  I don't know about what timeframe they had to do that or if they actually have to get a response back of it, any type I get.
[38:48.400 --> 39:00.400]  But as far as what I had read is that the person that bought the taxes has to notify by certified mail and go through different steps.
[39:00.400 --> 39:02.400]  And then if they –
[39:02.400 --> 39:06.400]  Okay. Wait, wait, wait. You're kind of missing the point here.
[39:06.400 --> 39:16.400]  The person that bought it doesn't happen before the tax sale happens. It happens after.
[39:16.400 --> 39:24.400]  Okay. They have to buy it at the tax sale. The stuff I'm talking about has to be done before there can be a tax sale.
[39:24.400 --> 39:32.400]  The stuff that he would have had to have done to fight back would have to have been done before a tax sale, not after.
[39:32.400 --> 39:40.400]  The only chance he can have to do it after is if proper notice was never given of the tax sale.
[39:40.400 --> 39:50.400]  Like I said, he needs to know what the statutes are in relation to all of that in Missouri.
[39:50.400 --> 39:57.400]  What I was getting at is that if they did give notice, they're going to say that they gave notice.
[39:57.400 --> 40:06.400]  Okay. You're kind of missing the point. We don't care what they say. We care what they can prove.
[40:06.400 --> 40:09.400]  And in order to prove it, they would have to have a signature.
[40:09.400 --> 40:13.400]  They would have to prove that they served him at the last known good address.
[40:13.400 --> 40:21.400]  Now, if he never bothered to inform anybody of where his mail was going, then he may not have a leg to stand on.
[40:21.400 --> 40:28.400]  Hence, the reason you need to read the statutes and everything to see what that actually means.
[40:28.400 --> 40:29.400]  All right.
[40:29.400 --> 40:30.400]  Okay.
[40:30.400 --> 40:37.400]  He does have until the 26th of August to redeem the house, redeem the taxes.
[40:37.400 --> 40:40.400]  Okay. Well, whatever he needs to get done in order to contest this,
[40:40.400 --> 40:45.400]  he better get on the ball to find out what that is and how to do it.
[40:45.400 --> 40:53.400]  Okay. The other thing I wanted to ask about was spelling out a W-9.
[40:53.400 --> 41:00.400]  Do you have any recommendations on how to fill that out or how not to fill it out?
[41:00.400 --> 41:06.400]  Yeah. The W-9 is one of those forms that the IRS says that you can create your own substitute form.
[41:06.400 --> 41:15.400]  That was one of the things the IRS was after in what they referred to as the notorious blue folder from We the People.
[41:15.400 --> 41:21.400]  The We the People had made a substitute W-9, which is perfectly valid, perfectly legal,
[41:21.400 --> 41:27.400]  and it's completely sanctioned by the IRS code on doing and so on and so forth.
[41:27.400 --> 41:34.400]  But that W-9 has to be filed in a specific IRS office in accordance with the code.
[41:34.400 --> 41:41.400]  And 99% of the employers that get a copy of that do not file it where they're supposed to file it.
[41:41.400 --> 41:49.400]  They send it to the general office in their area rather than this specific office in this specific city in this specific state,
[41:49.400 --> 41:54.400]  who is responsible for processing those types of W-9s.
[41:54.400 --> 41:59.400]  And so what they usually do is they wind up making it where the W-9 comes back to the employer and blah, blah, blah,
[41:59.400 --> 42:05.400]  and then the employer comes after you and blah, blah, blah, and all kinds of problems get started.
[42:05.400 --> 42:12.400]  So as far as what you want me to tell you about how to fill it out, I don't know what your situation is.
[42:12.400 --> 42:14.400]  I don't know what you know. I don't know what you're prepared to know,
[42:14.400 --> 42:19.400]  and I don't know what you're prepared to do to defend yourself if that happens.
[42:19.400 --> 42:25.400]  So I'm not really sure how you want me to answer your question, because my answer is I don't do W-9s,
[42:25.400 --> 42:31.400]  at least not the one that the IRS tells the employer to give me.
[42:31.400 --> 42:35.400]  Okay. Which one? Where would I find the information to fill out a substitute?
[42:35.400 --> 42:41.400]  Well, you can see if you can find somebody that's got a copy of that notorious blue folder, as the IRS likes to call it,
[42:41.400 --> 42:43.400]  because all the forms for that are in there.
[42:43.400 --> 42:54.400]  In fact, if you have the seminar material, you might accidentally come across some of it in there, too.
[42:54.400 --> 42:57.400]  What did you call the blue folder?
[42:57.400 --> 43:01.400]  Well, it's what they call the infamous or notorious blue folder.
[43:01.400 --> 43:09.400]  They actually sued We the People to get a list of everybody that had ever gotten a copy of that material in that blue folder,
[43:09.400 --> 43:22.400]  and We the People wouldn't give it to them.
[43:22.400 --> 43:26.400]  Okay. I guess that's all you can help me with.
[43:26.400 --> 43:33.400]  The company that I'm trying to do some work for, they wanted me to fill out a W-9.
[43:33.400 --> 43:38.400]  Yeah, you'd have to find a copy of that information for the notorious blue folder,
[43:38.400 --> 43:45.400]  and it has to do with the federal tax forms that you would fill out to give to your employer and the instruction sheet.
[43:45.400 --> 43:51.400]  But that's if the employer acts properly on them when they get them. Okay?
[43:51.400 --> 43:53.400]  Okay. I'll see what I can find out.
[43:53.400 --> 43:54.400]  All right, Danny, thanks for calling in.
[43:54.400 --> 44:22.400]  All right, folks, 512-646-1984. We'll be right back.
[44:24.400 --> 44:27.400]  We'll be right back.
[44:54.400 --> 45:03.400]  And click on the banner or call toll free 866-LAW-EZ.
[45:03.400 --> 45:07.400]  Hello, my name is Stuart Smith from naturespureorganics.com,
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[46:15.400 --> 46:20.400]  All right, folks.
[46:20.400 --> 46:21.400]  We are back.
[46:21.400 --> 46:27.400]  This is Rule of Law Radio, and we are now going to be talking to Troy in Illinois.
[46:27.400 --> 46:29.400]  Troy, what can we do for you?
[46:29.400 --> 46:30.400]  Good evening.
[46:30.400 --> 46:31.400]  How are you?
[46:31.400 --> 46:32.400]  I'm good.
[46:32.400 --> 46:33.400]  Excellent.
[46:33.400 --> 46:42.400]  In Illinois, I just stumbled across a YouTube video about someone being arrested for recording the police officers doing a job.
[46:42.400 --> 46:46.400]  How do I get around that if I'm stopped at a traffic stop?
[46:46.400 --> 46:47.400]  You don't get around it.
[46:47.400 --> 46:52.400]  You record them despite what they say and then sue the crap out of them the moment they retaliate for you doing it,
[46:52.400 --> 46:57.400]  because the Supreme Court has already settled that issue multiple times.
[46:57.400 --> 47:02.400]  No officer will have immunity from a lawsuit for doing anything to you for recording,
[47:02.400 --> 47:07.400]  especially if they attempt to charge you under some sort of wiretapping statute,
[47:07.400 --> 47:14.400]  because the last case the Supreme Court decided, which was this year, specifically says no state can charge an individual
[47:14.400 --> 47:23.400]  for recording any public officer in a public place doing their duty, even in a state that has wiretapping statutes.
[47:23.400 --> 47:24.400]  Awesome.
[47:24.400 --> 47:25.400]  Absolutely awesome.
[47:25.400 --> 47:26.400]  Perfect, perfect, perfect.
[47:26.400 --> 47:27.400]  Thank you very much.
[47:27.400 --> 47:33.400]  And my second question is, Friday, I have a motion to dismiss my case.
[47:33.400 --> 47:38.400]  It was for a roadblock that I didn't really participate in.
[47:38.400 --> 47:40.400]  And I asked the officer, was I under arrest?
[47:40.400 --> 47:41.400]  And he said no.
[47:41.400 --> 47:42.400]  So I said, I've got to go pick up my wife.
[47:42.400 --> 47:43.400]  And I left.
[47:43.400 --> 47:48.400]  They met me at my wife's store, her office location, and arrested me there.
[47:48.400 --> 47:49.400]  For what?
[47:49.400 --> 47:51.400]  Excuse me, for what?
[47:51.400 --> 47:52.400]  What was the charge?
[47:52.400 --> 47:54.400]  Evading capture.
[47:54.400 --> 47:55.400]  Evading capture.
[47:55.400 --> 47:59.400]  How do you evade capture when you weren't accused of a crime?
[47:59.400 --> 48:00.400]  That's my point.
[48:00.400 --> 48:01.400]  That's why I have a motion to dismiss.
[48:01.400 --> 48:04.400]  That's why the judge wanted me to put in a motion to dismiss.
[48:04.400 --> 48:09.400]  And that motion is going to be held on Friday with just me and the judge, I guess, and the prosecutor.
[48:09.400 --> 48:13.400]  Randy, what should I look out for in the meeting?
[48:13.400 --> 48:18.400]  Well, the first thing you should look out for is calling me Randy.
[48:18.400 --> 48:20.400]  Because I'm Eddie.
[48:20.400 --> 48:21.400]  Eddie.
[48:21.400 --> 48:22.400]  Okay.
[48:22.400 --> 48:23.400]  My apologies, Eddie.
[48:23.400 --> 48:24.400]  That's okay.
[48:24.400 --> 48:27.400]  Mistakes happen, but usually not on that scale.
[48:27.400 --> 48:28.400]  All right.
[48:28.400 --> 48:29.400]  Apologies.
[48:29.400 --> 48:33.400]  Now, as far as, repeat the last part of that question again.
[48:33.400 --> 48:35.400]  What should you look out for?
[48:35.400 --> 48:39.400]  Yeah, well, it's more a traffic stop, a roadblock.
[48:39.400 --> 48:41.400]  Well, a roadblock is not for a traffic stop.
[48:41.400 --> 48:45.400]  A roadblock is either for a license or DUI check.
[48:45.400 --> 48:46.400]  I'm sorry.
[48:46.400 --> 48:47.400]  Let me back up.
[48:47.400 --> 48:48.400]  I don't use a license to drive.
[48:48.400 --> 48:49.400]  I'm under the common law.
[48:49.400 --> 48:51.400]  So I do not use a driver's license to drive.
[48:51.400 --> 48:52.400]  Okay.
[48:52.400 --> 48:53.400]  That was not at all my point.
[48:53.400 --> 48:56.400]  I'm explaining the purpose of this so-called roadblock.
[48:56.400 --> 48:59.400]  Unless what you're going to tell me is they literally had the roadblock
[48:59.400 --> 49:03.400]  off to catch you and you evaded them anyway.
[49:03.400 --> 49:05.400]  That's not what you're telling me, right?
[49:05.400 --> 49:06.400]  Correct.
[49:06.400 --> 49:07.400]  That is not.
[49:07.400 --> 49:10.400]  This is a block that was set up to strain traffic through it,
[49:10.400 --> 49:14.400]  every piece of traffic going a certain direction, right?
[49:14.400 --> 49:15.400]  Yes.
[49:15.400 --> 49:19.400]  And they were randomly checking cars that were going through it, right?
[49:19.400 --> 49:21.400]  That is correct.
[49:21.400 --> 49:26.400]  And you simply refused to participate, correct?
[49:26.400 --> 49:27.400]  Correct.
[49:27.400 --> 49:30.400]  And you asked if you were under arrest?
[49:30.400 --> 49:31.400]  He said no.
[49:31.400 --> 49:32.400]  Okay.
[49:32.400 --> 49:35.400]  And did you ask if you were being detained?
[49:35.400 --> 49:36.400]  I did.
[49:36.400 --> 49:38.400]  And what did he say?
[49:38.400 --> 49:39.400]  He said, well, just pull over.
[49:39.400 --> 49:40.400]  We're not going to really detain you.
[49:40.400 --> 49:41.400]  We just want to ask you a couple of questions
[49:41.400 --> 49:44.400]  and make sure you have a driver's license and insurance card.
[49:44.400 --> 49:45.400]  Okay.
[49:45.400 --> 49:48.400]  Then that's not something you're required to comply with.
[49:48.400 --> 49:54.400]  You're not required to continue with a noncompulsory encounter.
[49:54.400 --> 49:58.400]  You can cease and desist talking to the officers any time you want.
[49:58.400 --> 50:00.400]  And you're not required to follow any of their directions
[50:00.400 --> 50:04.400]  when you're not being detained and you're not under arrest.
[50:04.400 --> 50:05.400]  Okay.
[50:05.400 --> 50:08.400]  Provided, of course, that what they're telling you to do is not step back,
[50:08.400 --> 50:11.400]  get out of our way, we're trying to do something here.
[50:11.400 --> 50:14.400]  But they can't direct you to go over here and park here.
[50:14.400 --> 50:16.400]  We're going to keep talking to you even though you've done nothing wrong
[50:16.400 --> 50:18.400]  and you're not under arrest and you're not being detained.
[50:18.400 --> 50:20.400]  That's still a consensual encounter.
[50:20.400 --> 50:24.400]  And you're not required to consent to it.
[50:24.400 --> 50:25.400]  Excellent.
[50:25.400 --> 50:28.400]  Now, as far as the charge, well, when I went to court...
[50:28.400 --> 50:31.400]  Now, word of warning.
[50:31.400 --> 50:33.400]  I don't know if you've done this.
[50:33.400 --> 50:39.400]  Did you get a copy of the police audio and or video from that encounter?
[50:39.400 --> 50:40.400]  I have not.
[50:40.400 --> 50:42.400]  Why?
[50:42.400 --> 50:43.400]  I didn't know any better.
[50:43.400 --> 50:44.400]  It's not an ignorance.
[50:44.400 --> 50:45.400]  That's why I'm calling your radio show.
[50:45.400 --> 50:48.400]  Well, yeah, but wait until you have Friday to get it.
[50:48.400 --> 50:51.400]  That's a little late to be calling in anybody.
[50:51.400 --> 50:55.400]  You always, always, always want to get a copy of any audio and video
[50:55.400 --> 50:58.400]  that may exist in a law enforcement encounter,
[50:58.400 --> 51:00.400]  including when you're making your own.
[51:00.400 --> 51:02.400]  If you've got your own, that's fine.
[51:02.400 --> 51:05.400]  The problem is if it's not video,
[51:05.400 --> 51:09.400]  you have to get on the stand and testify to everything in it,
[51:09.400 --> 51:12.400]  whereas video can be a lot more self-authenticating
[51:12.400 --> 51:19.400]  because it's, if it's a good video anyway, it's clear who is there.
[51:19.400 --> 51:20.400]  All right.
[51:20.400 --> 51:21.400]  Okay?
[51:21.400 --> 51:23.400]  But that audio interaction between you and that officer
[51:23.400 --> 51:26.400]  where they say that you're not being arrested, you're not being detained,
[51:26.400 --> 51:32.400]  is your dead solid ironclad proof that this was a consensual encounter
[51:32.400 --> 51:35.400]  and you simply didn't consent and went on your way.
[51:35.400 --> 51:39.400]  Therefore, there was no way you were avoiding capture.
[51:39.400 --> 51:41.400]  Okay.
[51:41.400 --> 51:44.400]  And I told the judge that the two times I went to court
[51:44.400 --> 51:48.400]  and after the third time of meeting with me in three consecutive months,
[51:48.400 --> 51:50.400]  he said, why don't you just file a motion to dismiss?
[51:50.400 --> 51:53.400]  And at first I wasn't going to file it because there was no motion to dismiss
[51:53.400 --> 51:57.400]  because I don't recognize the courts as the authority with a lack of jurisdiction.
[51:57.400 --> 51:58.400]  Well, guess what?
[51:58.400 --> 51:59.400]  Yes.
[51:59.400 --> 52:03.400]  What you recognize ain't worth diddly squat
[52:03.400 --> 52:07.400]  when they got the guns and the right to use them and you don't.
[52:07.400 --> 52:09.400]  This is true.
[52:09.400 --> 52:13.400]  So you get in a ring with a guy,
[52:13.400 --> 52:16.400]  the fact that you don't recognize his ability to hit you
[52:16.400 --> 52:21.400]  don't mean he ain't going to whoop your butt if you don't do something.
[52:21.400 --> 52:23.400]  Mm-hmm.
[52:23.400 --> 52:25.400]  So do something.
[52:25.400 --> 52:27.400]  Okay.
[52:27.400 --> 52:29.400]  If you're going to file the motion to dismiss,
[52:29.400 --> 52:35.400]  then back it up with as much proof on your side as you possibly can.
[52:35.400 --> 52:38.400]  Now, to get the audio and video, I just go to the clerks.
[52:38.400 --> 52:39.400]  You can go down.
[52:39.400 --> 52:40.400]  The clerks will not have it.
[52:40.400 --> 52:44.400]  The police agency will have it.
[52:44.400 --> 52:47.400]  Whatever agency was conducting the stop
[52:47.400 --> 52:50.400]  and what agency's officer interacted with you.
[52:50.400 --> 52:54.400]  For instance, there's usually multiple agencies at these stops.
[52:54.400 --> 52:56.400]  Multiple?
[52:56.400 --> 52:58.400]  It depends on how many cars there are,
[52:58.400 --> 53:00.400]  and it depends on what type of stop they've set up.
[53:00.400 --> 53:06.400]  But, yeah, sometimes there's a mixture, county and city, county, city, state,
[53:06.400 --> 53:11.400]  and sometimes it's just one or two guys from one particular place.
[53:11.400 --> 53:13.400]  I wasn't there, so I don't know.
[53:13.400 --> 53:16.400]  I'm just putting the bug in your ear of what to look for.
[53:16.400 --> 53:17.400]  I know what I looked around.
[53:17.400 --> 53:19.400]  I only saw the local police department there.
[53:19.400 --> 53:20.400]  Okay.
[53:20.400 --> 53:22.400]  Then you go to the local police department,
[53:22.400 --> 53:26.400]  and you get all audio and video in relation to any encounters on that day
[53:26.400 --> 53:30.400]  with you involving such-and-such officer if you know who that is.
[53:30.400 --> 53:32.400]  If you know exactly what time it was,
[53:32.400 --> 53:36.400]  then you can request any audio and video from all police present recorders
[53:36.400 --> 53:43.400]  in any cruisers, body mics, cameras, things of that sort for this block of time.
[53:43.400 --> 53:44.400]  Okay.
[53:44.400 --> 53:46.400]  So you can find the one you need.
[53:46.400 --> 53:48.400]  But you try to get it as narrowly tailored as possible
[53:48.400 --> 53:53.400]  so that they can't deny it for being overbroad and burdensome.
[53:53.400 --> 53:54.400]  I understand.
[53:54.400 --> 53:58.400]  Now, whether you can just walk in and ask for it in Illinois, I don't know.
[53:58.400 --> 54:04.400]  I don't know what your public information request allows you to ask for in Illinois either
[54:04.400 --> 54:07.400]  and how long they have to respond to it.
[54:07.400 --> 54:13.400]  For instance, in Texas, they have 10 days to respond to a public information request.
[54:13.400 --> 54:17.400]  Well, you've only got four days until you go to court.
[54:17.400 --> 54:19.400]  See the problem there?
[54:19.400 --> 54:20.400]  I do.
[54:20.400 --> 54:21.400]  Okay.
[54:21.400 --> 54:25.400]  So see if you can get it by going down there directly and requesting it.
[54:25.400 --> 54:28.400]  Remember, they may have you fill out an information request
[54:28.400 --> 54:30.400]  and say, well, we've got up to 10 days.
[54:30.400 --> 54:32.400]  Good luck.
[54:32.400 --> 54:33.400]  Exactly.
[54:33.400 --> 54:40.400]  Now, when I filed a motion, I originally filed a motion on the lack of jurisdiction on the courts.
[54:40.400 --> 54:41.400]  And that's why...
[54:41.400 --> 54:45.400]  Well, they would lack jurisdiction if you can prove no offense was committed
[54:45.400 --> 54:47.400]  that gave them the authority to make the charge.
[54:47.400 --> 54:51.400]  The court lacks jurisdiction when there's no proper charge.
[54:51.400 --> 54:55.400]  So there's nothing wrong with that.
[54:55.400 --> 54:57.400]  And I put that in my affidavit as well.
[54:57.400 --> 55:02.400]  And he read it and sat on it for about five minutes, and then he said, just put it in the motion.
[55:02.400 --> 55:07.400]  So when I go in, I'm only going to talk about the lack of jurisdiction, nothing else, correct?
[55:07.400 --> 55:11.400]  Well, the first thing you're going to do is make sure you appear by special appearance
[55:11.400 --> 55:14.400]  for the purpose of challenging the jurisdiction.
[55:14.400 --> 55:15.400]  Appear by special appearance.
[55:15.400 --> 55:16.400]  Yeah.
[55:16.400 --> 55:19.400]  Now, if you've already have been before this judge and you've never said that,
[55:19.400 --> 55:23.400]  you're already screwed as far as waiving in personum jurisdiction.
[55:23.400 --> 55:28.400]  Because once you've made a general appearance, you can never go back.
[55:28.400 --> 55:32.400]  A general appearance gives them jurisdiction of you.
[55:32.400 --> 55:34.400]  They may still not have subject matter.
[55:34.400 --> 55:36.400]  They may not have venue.
[55:36.400 --> 55:38.400]  But they've got you.
[55:38.400 --> 55:44.400]  Fortunately, they have to have all three of those for that to make a difference.
[55:44.400 --> 55:50.400]  But we still don't want to waive anything that we don't absolutely have to.
[55:50.400 --> 55:53.400]  So keep that in mind for future proceedings.
[55:53.400 --> 55:57.400]  Never go into a court without saying, I reserve the right of special appearance
[55:57.400 --> 56:00.400]  to challenge the jurisdiction of this court.
[56:00.400 --> 56:05.400]  Now, nothing was recorded ever for the three times that I've gone to court.
[56:05.400 --> 56:07.400]  Well, that's because it may not be a court of record.
[56:07.400 --> 56:11.400]  I don't know what the stipulations are as to who is and who isn't a court of record in Illinois.
[56:11.400 --> 56:13.400]  You're going to have to read up and find out.
[56:13.400 --> 56:15.400]  Okay. All right.
[56:15.400 --> 56:17.400]  I will definitely do that.
[56:17.400 --> 56:21.400]  Because not all courts, especially municipal courts, here in Texas, for instance,
[56:21.400 --> 56:23.400]  no JP court is a court of record.
[56:23.400 --> 56:26.400]  And only certain municipal courts are courts of record.
[56:26.400 --> 56:29.400]  Not all of them are, even in some big cities.
[56:29.400 --> 56:36.400]  If they're not a home rule city, for instance, they may or may not have a municipal court of record.
[56:36.400 --> 56:41.400]  So if this court is not a municipal court of record, and I'm going to be trialed criminally for this,
[56:41.400 --> 56:44.400]  doesn't a criminal case have to be recorded for the sake of appeal?
[56:44.400 --> 56:46.400]  That all depends on what your statutes say.
[56:46.400 --> 56:51.400]  Here in Texas, the answer to that is no, because when you make an appeal from a court of no record,
[56:51.400 --> 56:54.400]  it goes into what's known as a trial de novo.
[56:54.400 --> 56:58.400]  That just simply means a do-over. It's a mulligan.
[56:58.400 --> 57:03.400]  The first trial was practice. It didn't count.
[57:03.400 --> 57:13.400]  Okay. And another question, if the judge told me that the state is the injured party.
[57:13.400 --> 57:18.400]  The state's the injured party.
[57:18.400 --> 57:22.400]  Hello? Troy, did we lose you?
[57:22.400 --> 57:23.400]  No, you didn't.
[57:23.400 --> 57:25.400]  Okay.
[57:25.400 --> 57:26.400]  Can you still hear me?
[57:26.400 --> 57:27.400]  Yeah.
[57:27.400 --> 57:32.400]  Okay. If the state is the injured party, can the state be the injured party?
[57:32.400 --> 57:34.400]  Technically, no.
[57:34.400 --> 57:35.400]  Okay. That's what I thought.
[57:35.400 --> 57:38.400]  And doesn't it have to be a sworn affidavit of the injured party?
[57:38.400 --> 57:39.400]  No.
[57:39.400 --> 57:40.400]  Bringing charges against me? No?
[57:40.400 --> 57:43.400]  No.
[57:43.400 --> 57:47.400]  So if the state, if they're claiming that the state is an injured party.
[57:47.400 --> 57:53.400]  Then you demand production of the injured party in the state that can testify as to what injury was received
[57:53.400 --> 57:57.400]  and that you were the person that caused the injury.
[57:57.400 --> 58:00.400]  Perfect. Perfect. Perfect. Perfect.
[58:00.400 --> 58:04.400]  But if you're making an argument for dismissal for lack of jurisdiction,
[58:04.400 --> 58:08.400]  you cannot go arguing the merits of the charge. Are we clear?
[58:08.400 --> 58:09.400]  Absolutely.
[58:09.400 --> 58:16.400]  The moment you start arguing merits, you agree the court has subject matter jurisdiction.
[58:16.400 --> 58:18.400]  Okay. So jurisdiction only.
[58:18.400 --> 58:25.400]  Correct. You never address the actual charge when you're going after a jurisdictional challenge.
[58:25.400 --> 58:28.400]  Understand. Understand.
[58:28.400 --> 58:29.400]  Okay.
[58:29.400 --> 58:30.400]  The music's playing in the back.
[58:30.400 --> 58:32.400]  Do I have time for one more question?
[58:32.400 --> 58:33.400]  You do after the break.
[58:33.400 --> 58:37.400]  I'm fixing to have to go, but I'll be right back here in about three or four minutes.
[58:37.400 --> 58:38.400]  Okay. Sounds good.
[58:38.400 --> 58:39.400]  All right, folks.
[58:39.400 --> 58:42.400]  Call in number 512-646-1984.
[58:42.400 --> 58:43.400]  Gives a call, gives a holler.
[58:43.400 --> 58:50.400]  We'll be back in a couple of minutes.
[58:50.400 --> 58:53.400]  The Bible remains the most popular book in the world,
[58:53.400 --> 58:58.400]  yet countless readers are frustrated because they struggle to understand it.
[58:58.400 --> 59:01.400]  Some new translations try to help by simplifying the text,
[59:01.400 --> 59:06.400]  but in the process can compromise the profound meaning of the scripture.
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[59:09.400 --> 59:13.400]  First, this new translation is extremely faithful and accurate,
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[59:22.400 --> 59:27.400]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
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[59:43.400 --> 59:47.400]  or by ordering online at freestudybible.com.
[59:47.400 --> 59:50.400]  That's freestudybible.com.
[59:50.400 --> 01:00:03.400]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:00:03.400 --> 01:00:07.400]  This is the Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:07.400 --> 01:00:09.400]  online at thelibertybeat.com.
[01:00:09.400 --> 01:00:13.400]  I'm Brian Hagan with your Liberty Beat for Monday, June 9, 2014.
[01:00:13.400 --> 01:00:21.400]  Gold opens day at $1,256, silver opens at $19.16, and bitcoin is trending at $6.4971.
[01:00:21.400 --> 01:00:24.400]  Support for the Liberty Beat comes from GrowYourOwnGroceries.org,
[01:00:24.400 --> 01:00:28.400]  now offering an eight-week course where you can learn to treat the most common family ailments
[01:00:28.400 --> 01:00:31.400]  with simple medicines that you can grow or easily find.
[01:00:31.400 --> 01:00:33.400]  Learn more at GrowYourOwnGroceries.org.
[01:00:33.400 --> 01:00:39.400]  And support comes from Bitmain Tech, creators of the newly released Antminer S2 Bitcoin Miner,
[01:00:39.400 --> 01:00:44.400]  one tera hash and only 1,000 watts. Order yours online at bitmaintech.com
[01:00:44.400 --> 01:00:50.400]  or call them today at 844-BITMAIN. That's 844-248-6246.
[01:00:50.400 --> 01:00:53.400]  In the news, a gun battle lasting hours left 13 people dead
[01:00:53.400 --> 01:00:58.400]  after attackers stormed an international airport in Pakistan's largest city late Sunday night.
[01:00:58.400 --> 01:01:02.400]  The LA Times reports a gunfire and explosions occurring around 4.30 a.m.
[01:01:02.400 --> 01:01:04.400]  sent travelers running for safety.
[01:01:04.400 --> 01:01:07.400]  Reports confirm the 10 attackers were killed by Army soldiers
[01:01:07.400 --> 01:01:11.400]  and a fire burning wildly has been extinguished.
[01:01:11.400 --> 01:01:16.400]  Two new transportation services, Lyft Inc. and Uber, have launched in Austin,
[01:01:16.400 --> 01:01:19.400]  despite city officials publicly denouncing the services.
[01:01:19.400 --> 01:01:23.400]  Similar to Lyft, Uber allows users to hail a ride using their smartphones
[01:01:23.400 --> 01:01:25.400]  through an app that identifies nearby drivers.
[01:01:25.400 --> 01:01:28.400]  Under city code, a ride shares when a driver receives no more
[01:01:28.400 --> 01:01:31.400]  than the federally established 56 cents per mile.
[01:01:31.400 --> 01:01:35.400]  In order to circumvent these city's rules, Uber is providing rides free of charge.
[01:01:35.400 --> 01:01:38.400]  Uber's minimum fare in San Antonio is $5.70.
[01:01:38.400 --> 01:01:40.400]  Uber takes a 20% cut of the fares.
[01:01:40.400 --> 01:01:44.400]  Austin police recently sighted three Lyft drivers and impounded two cars.
[01:01:44.400 --> 01:01:50.400]  But Uber says they're prepared for anything and ready to protect their drivers.
[01:01:50.400 --> 01:01:54.400]  Monday, President Obama is expected to issue an executive action
[01:01:54.400 --> 01:01:58.400]  making it easier for young people to avoid trouble repaying student loans.
[01:01:58.400 --> 01:02:00.400]  That word from a White House official.
[01:02:00.400 --> 01:02:03.400]  The order will direct the Secretary of Education to ensure more students
[01:02:03.400 --> 01:02:07.400]  will be allowed to cap their loan payments at 10% of their monthly income,
[01:02:07.400 --> 01:02:11.400]  although federal law currently allows this for most students already.
[01:02:11.400 --> 01:02:15.400]  The new law will extend the ability for students who borrowed before October 2007
[01:02:15.400 --> 01:02:19.400]  or those who haven't borrowed since October of 2011.
[01:02:19.400 --> 01:02:21.400]  Support for the Liberty Beat comes from Affordable Sound.
[01:02:21.400 --> 01:02:25.400]  CD and DVD duplication, along with posters and promotions materials.
[01:02:25.400 --> 01:02:30.400]  Mention promo code LIBERTY, and when you order 10 or more posters, you get 10 free.
[01:02:30.400 --> 01:02:35.400]  Online at AffordableSound.com or call 512-459-5253.
[01:02:35.400 --> 01:02:40.400]  And support comes from Voice in Exit, maximizing human flourishing through radical innovation.
[01:02:40.400 --> 01:02:44.400]  Tickets on sale now. Get 10% off with promo code FREEDOM.
[01:02:44.400 --> 01:02:49.400]  June 21 at Austin Music Hall. Get yours at VoiceinExit.com.
[01:02:49.400 --> 01:02:53.400]  This is the Liberty Beat for Monday, June 9, 2014.
[01:02:53.400 --> 01:03:00.400]  Check out the website at thelibertybeat.com.
[01:03:23.400 --> 01:03:33.400]  All right, folks, we are back. This is Rule of Law Radio.
[01:03:33.400 --> 01:03:36.400]  And we are still talking with Troy in Illinois.
[01:03:36.400 --> 01:03:38.400]  William, I see you there, so don't go anywhere.
[01:03:38.400 --> 01:03:43.400]  512-646-1984. Give me a call. I'm running out of people here.
[01:03:43.400 --> 01:03:45.400]  All right, Troy, go ahead.
[01:03:45.400 --> 01:03:50.400]  All right. Now, since I've chosen to not utilize the contract with the state of Illinois
[01:03:50.400 --> 01:03:55.400]  for a driver's license, is there anything specifically I need to carry on my person
[01:03:55.400 --> 01:03:57.400]  that would be a substitute for that?
[01:03:57.400 --> 01:03:59.400]  A substitute for a license?
[01:03:59.400 --> 01:04:02.400]  Oh, not a substitute. It's paperwork I need to carry.
[01:04:02.400 --> 01:04:05.400]  Well, what paperwork do you want to carry?
[01:04:05.400 --> 01:04:10.400]  Lack of a license because you're not required to have one doesn't require a substitute
[01:04:10.400 --> 01:04:13.400]  for replacing something you're not required to have, does it?
[01:04:13.400 --> 01:04:20.400]  No. So we're all based on a verbal conversation, making sure the police officer is aware
[01:04:20.400 --> 01:04:24.400]  that I am not using my vehicle for commerce.
[01:04:24.400 --> 01:04:26.400]  I'm sorry, you're not using your what?
[01:04:26.400 --> 01:04:28.400]  My vehicle or-
[01:04:28.400 --> 01:04:30.400]  I'm sorry, you're not using your what?
[01:04:30.400 --> 01:04:33.400]  My vehicle or automobile?
[01:04:33.400 --> 01:04:37.400]  A vehicle and an automobile are not the same thing in legalese.
[01:04:37.400 --> 01:04:40.400]  What should I use? Which term?
[01:04:40.400 --> 01:04:44.400]  Well, it ain't vehicle. It ain't motor vehicle.
[01:04:44.400 --> 01:04:46.400]  Automobile?
[01:04:46.400 --> 01:04:50.400]  Automobile might work if it's not one of the terms defined by whatever constitutes
[01:04:50.400 --> 01:04:53.400]  your motor vehicle or transportation code there in Illinois.
[01:04:53.400 --> 01:04:55.400]  Okay.
[01:04:55.400 --> 01:05:00.400]  All right. When you say vehicle, you're giving them the jurisdiction they want,
[01:05:00.400 --> 01:05:02.400]  and you're walking right into that trap.
[01:05:02.400 --> 01:05:07.400]  If you don't have the transportation script and the cross-examination script,
[01:05:07.400 --> 01:05:12.400]  you need to go download that and take a look at what I refer to as the eight deadly sins.
[01:05:12.400 --> 01:05:17.400]  And you'll understand why the terminology that you don't use
[01:05:17.400 --> 01:05:22.400]  is every bit as important as what you do say.
[01:05:22.400 --> 01:05:26.400]  Like the state, transportation, motor vehicle, vehicle?
[01:05:26.400 --> 01:05:31.400]  Correct. That's just some of them. Drive, driver, or any grammatical variation thereof,
[01:05:31.400 --> 01:05:37.400]  operating any grammatical variation thereof, those are all terms related to
[01:05:37.400 --> 01:05:40.400]  use of the road for the purposes of commerce.
[01:05:40.400 --> 01:05:43.400]  They're defined by the code that regulates that commerce.
[01:05:43.400 --> 01:05:47.400]  So when you use those terms to refer to your activities in any way,
[01:05:47.400 --> 01:05:52.400]  you are giving them a prima facie case against you that it applies.
[01:05:52.400 --> 01:05:57.400]  It's just like them saying, give me your license, and you do.
[01:05:57.400 --> 01:06:00.400]  That's a confession that your license applies.
[01:06:00.400 --> 01:06:03.400]  Mm-hmm.
[01:06:03.400 --> 01:06:05.400]  Understood.
[01:06:05.400 --> 01:06:08.400]  So use the phrase traveler or traveling.
[01:06:08.400 --> 01:06:11.400]  I'm simply traveling of my own volition on the highway.
[01:06:11.400 --> 01:06:13.400]  What do you want?
[01:06:13.400 --> 01:06:15.400]  Bam. Okay. Got it.
[01:06:15.400 --> 01:06:17.400]  Got it, got it, got it. Okay.
[01:06:17.400 --> 01:06:21.400]  So when they talk about statutes, you know, enforcing state statutes,
[01:06:21.400 --> 01:06:24.400]  I know a state statute does not override a state law,
[01:06:24.400 --> 01:06:28.400]  and it definitely does not override a common law.
[01:06:28.400 --> 01:06:33.400]  The statute's not allowed under common sense to violate the common law,
[01:06:33.400 --> 01:06:36.400]  though it does it on a regular basis.
[01:06:36.400 --> 01:06:38.400]  Okay. Got it.
[01:06:38.400 --> 01:06:39.400]  Got it, got it, got it.
[01:06:39.400 --> 01:06:43.400]  Now, once again, you can argue anything you want,
[01:06:43.400 --> 01:06:46.400]  but their system is based upon fraud and deception.
[01:06:46.400 --> 01:06:51.400]  Do not expect them to agree with you or to let you win.
[01:06:51.400 --> 01:06:54.400]  You're going to have to do a better job than just make the assertion.
[01:06:54.400 --> 01:06:59.400]  This is the part I was getting to about if you're going to get in the ring, fight.
[01:06:59.400 --> 01:07:02.400]  Don't stand there and get the crap kicked out of you.
[01:07:02.400 --> 01:07:04.400]  Okay. All right?
[01:07:04.400 --> 01:07:08.400]  You do the fighting by properly documenting the rights violations
[01:07:08.400 --> 01:07:13.400]  that they propagate against you in their process.
[01:07:13.400 --> 01:07:18.400]  That's what gives you appealable error to get whatever they do to you overturned,
[01:07:18.400 --> 01:07:23.400]  the rights deprivation that they subject you to.
[01:07:23.400 --> 01:07:28.400]  So, rights deprivation, like, not Miranda-tizing me?
[01:07:28.400 --> 01:07:30.400]  If they illegally search your car,
[01:07:30.400 --> 01:07:34.400]  that's a rights deprivation that makes anything they find unusable.
[01:07:34.400 --> 01:07:36.400]  Okay?
[01:07:36.400 --> 01:07:39.400]  For instance, here in Texas, they're not allowed to use any evidence
[01:07:39.400 --> 01:07:42.400]  or information that you did not voluntarily disclose
[01:07:42.400 --> 01:07:47.400]  and that was obtained without a warrant and without a Miranda reading.
[01:07:47.400 --> 01:07:52.400]  Okay.
[01:07:52.400 --> 01:07:54.400]  And if they tow a vehicle, let's say...
[01:07:54.400 --> 01:07:56.400]  If they tow what?
[01:07:56.400 --> 01:08:01.400]  They towed my personal property
[01:08:01.400 --> 01:08:04.400]  and it was on a private parking lot of a department store.
[01:08:04.400 --> 01:08:07.400]  Then that's Grand Theft Auto in Illinois, I'm pretty sure.
[01:08:07.400 --> 01:08:09.400]  I thought so as well.
[01:08:09.400 --> 01:08:12.400]  If it's not actual carjacking.
[01:08:12.400 --> 01:08:14.400]  They had guns, right?
[01:08:14.400 --> 01:08:16.400]  Right.
[01:08:16.400 --> 01:08:21.400]  You were in fear that they would use them if you resisted them in taking your car, right?
[01:08:21.400 --> 01:08:22.400]  Correct.
[01:08:22.400 --> 01:08:24.400]  Make some carjackers where I'm from.
[01:08:24.400 --> 01:08:26.400]  Yeah, sounds like it to me too.
[01:08:26.400 --> 01:08:28.400]  I know they said they were going to tow the vehicle
[01:08:28.400 --> 01:08:33.400]  because it was involved in a crime of me...
[01:08:33.400 --> 01:08:35.400]  Well, that's because they're asserting the crime
[01:08:35.400 --> 01:08:38.400]  is not being regulated by the state for the purpose of commerce,
[01:08:38.400 --> 01:08:40.400]  but that's a legal presumption on their part
[01:08:40.400 --> 01:08:43.400]  that they're not allowed to act upon without actual evidence.
[01:08:43.400 --> 01:08:45.400]  And the only way they get that actual evidence
[01:08:45.400 --> 01:08:49.400]  is for you to say the wrong thing or to give them something
[01:08:49.400 --> 01:08:55.400]  that will establish a prima facie case against you that they are correct.
[01:08:55.400 --> 01:08:56.400]  Got it.
[01:08:56.400 --> 01:08:59.400]  It's all based on the driving code, if I'm a driver or not.
[01:08:59.400 --> 01:09:02.400]  If you're a driver, if you're an operator,
[01:09:02.400 --> 01:09:04.400]  if you're using the road for commercial purposes,
[01:09:04.400 --> 01:09:08.400]  that's when all that terminology applies.
[01:09:08.400 --> 01:09:10.400]  Okay, so in my case, when I told the judge,
[01:09:10.400 --> 01:09:14.400]  nothing we talk about here today applies to me because I am not a driver.
[01:09:14.400 --> 01:09:19.400]  I'm not operating in a four-hire per capacity whatsoever.
[01:09:19.400 --> 01:09:23.400]  Okay, so you went to arguing the merits of the charges.
[01:09:23.400 --> 01:09:25.400]  Okay, so stick back to jurisdiction.
[01:09:25.400 --> 01:09:28.400]  Well, that's when I first got there when he bumped the charges up.
[01:09:28.400 --> 01:09:30.400]  Okay, irrelevant.
[01:09:30.400 --> 01:09:33.400]  You either go in with your head out of your butt to play this game,
[01:09:33.400 --> 01:09:36.400]  or you keep it tucked in and pay the bill.
[01:09:36.400 --> 01:09:38.400]  You know what happens to the groundhog
[01:09:38.400 --> 01:09:40.400]  when he sticks his head out the hole, right?
[01:09:40.400 --> 01:09:45.400]  I should say the baby seal.
[01:09:45.400 --> 01:09:48.400]  So if you're not prepared to do this from the very beginning,
[01:09:48.400 --> 01:09:50.400]  don't think you're going to pick it up in the middle
[01:09:50.400 --> 01:09:52.400]  and correct whatever you've done wrong.
[01:09:52.400 --> 01:09:54.400]  It doesn't work that way.
[01:09:54.400 --> 01:09:57.400]  Got it.
[01:09:57.400 --> 01:09:58.400]  All right.
[01:09:58.400 --> 01:10:01.400]  So suggestions for Friday's…
[01:10:01.400 --> 01:10:04.400]  Yeah, get those scripts and read.
[01:10:04.400 --> 01:10:05.400]  Okay.
[01:10:05.400 --> 01:10:10.400]  That's exactly why you avoid saying the things you've been saying.
[01:10:10.400 --> 01:10:15.400]  You can go to logosradionetwork.com forward slash T-A-O
[01:10:15.400 --> 01:10:18.400]  and download the scripts from the links that are on that page.
[01:10:18.400 --> 01:10:19.400]  I will do.
[01:10:19.400 --> 01:10:20.400]  Okay.
[01:10:20.400 --> 01:10:21.400]  Thank you for your time.
[01:10:21.400 --> 01:10:22.400]  Yes, sir.
[01:10:22.400 --> 01:10:24.400]  All right, folks, I've only got one caller left.
[01:10:24.400 --> 01:10:26.400]  That will be William in Texas.
[01:10:26.400 --> 01:10:27.400]  I need some more.
[01:10:27.400 --> 01:10:31.400]  512-646-1984 is the call-in number.
[01:10:31.400 --> 01:10:33.400]  Please give me a call here.
[01:10:33.400 --> 01:10:35.400]  William, what can we do for you?
[01:10:35.400 --> 01:10:37.400]  How are you doing tonight, Eddie?
[01:10:37.400 --> 01:10:38.400]  So far, so grand.
[01:10:38.400 --> 01:10:39.400]  Nobody's cursed me out.
[01:10:39.400 --> 01:10:41.400]  That'll work.
[01:10:41.400 --> 01:10:47.400]  I had talked to you last year on a figure I had received,
[01:10:47.400 --> 01:10:51.400]  and I used your information, and it worked fantastic.
[01:10:51.400 --> 01:10:53.400]  Never heard a word back from them.
[01:10:53.400 --> 01:11:02.400]  However, I got another traffic citation here for claiming it is speeding.
[01:11:02.400 --> 01:11:04.400]  That's what they wrote on the ticket.
[01:11:04.400 --> 01:11:09.400]  This whole thing is just a complete mess.
[01:11:09.400 --> 01:11:15.400]  When the officer pulled me over, he asked for my driver's license
[01:11:15.400 --> 01:11:19.400]  and proof of insurance, which I told him I did not have.
[01:11:19.400 --> 01:11:22.400]  I'm sorry, you told him you did not have?
[01:11:22.400 --> 01:11:24.400]  I told him I didn't have it.
[01:11:24.400 --> 01:11:25.400]  Okay.
[01:11:25.400 --> 01:11:31.400]  So you haven't read the transportation script then?
[01:11:31.400 --> 01:11:35.400]  No, no, no, not what I'm saying.
[01:11:35.400 --> 01:11:36.400]  Oh, okay.
[01:11:36.400 --> 01:11:38.400]  If you read the transportation script,
[01:11:38.400 --> 01:11:43.400]  what is the appropriate response when they demand information from you?
[01:11:43.400 --> 01:11:48.400]  Oh, try asking them if I'm under arrest or detained.
[01:11:48.400 --> 01:11:50.400]  Well, that's where you start,
[01:11:50.400 --> 01:11:52.400]  but when they just walk up and start demanding information,
[01:11:52.400 --> 01:11:55.400]  you can start there, and if they keep insisting,
[01:11:55.400 --> 01:11:58.400]  then where do you need to go as quickly as possible to make the record
[01:11:58.400 --> 01:12:00.400]  about why you're not giving it to them?
[01:12:00.400 --> 01:12:04.400]  And I don't have it or I'm not required to have it
[01:12:04.400 --> 01:12:08.400]  or I don't need that is not the right way to do it.
[01:12:08.400 --> 01:12:12.400]  Okay.
[01:12:12.400 --> 01:12:15.400]  Officer, can any of the information you're demanding from me
[01:12:15.400 --> 01:12:17.400]  be used against me in a court of law
[01:12:17.400 --> 01:12:20.400]  or to potentially incriminate me in any way?
[01:12:20.400 --> 01:12:22.400]  Okay.
[01:12:22.400 --> 01:12:24.400]  I'm following you.
[01:12:24.400 --> 01:12:25.400]  Okay.
[01:12:25.400 --> 01:12:28.400]  That makes the record as to why you're not waiving your right
[01:12:28.400 --> 01:12:30.400]  to comply with his demand.
[01:12:30.400 --> 01:12:34.400]  Now if he tries to charge you for not complying,
[01:12:34.400 --> 01:12:38.400]  that's retaliatory because now you're getting charged
[01:12:38.400 --> 01:12:41.400]  because he has decided to convert your exercise of a right
[01:12:41.400 --> 01:12:46.400]  into a criminal activity under a statute that tries to do the same thing,
[01:12:46.400 --> 01:12:50.400]  therefore making the statute unconstitutional on its face.
[01:12:50.400 --> 01:12:55.400]  At the very least, a complete denial of due process
[01:12:55.400 --> 01:12:58.400]  because you cannot be compelled to waive those rights.
[01:12:58.400 --> 01:13:00.400]  Right.
[01:13:00.400 --> 01:13:07.400]  Well, anyway, so after responding to that,
[01:13:07.400 --> 01:13:14.400]  I just had my window cracked and my wife was trying to hand me my insurance.
[01:13:14.400 --> 01:13:16.400]  I said, put that thing back up.
[01:13:16.400 --> 01:13:20.400]  And of course, she couldn't hear what was going on outside.
[01:13:20.400 --> 01:13:23.400]  So I was kind of having a laugh.
[01:13:23.400 --> 01:13:25.400]  She didn't know anything to do.
[01:13:25.400 --> 01:13:28.400]  She's not from here.
[01:13:28.400 --> 01:13:31.400]  Well, anyway, to make a long story short,
[01:13:31.400 --> 01:13:34.400]  he said, would you mind stepping out of the vehicle?
[01:13:34.400 --> 01:13:36.400]  And I said, what for?
[01:13:36.400 --> 01:13:39.400]  And he said, please step out of the vehicle.
[01:13:39.400 --> 01:13:40.400]  So I said, okay.
[01:13:40.400 --> 01:13:41.400]  So I stepped out.
[01:13:41.400 --> 01:13:44.400]  I walked to the back of the truck.
[01:13:44.400 --> 01:13:49.400]  And anyway, he said, the reason I stopped you,
[01:13:49.400 --> 01:13:52.400]  well, he asked me, he said, do you know why I stopped you?
[01:13:52.400 --> 01:13:55.400]  And I said, no, sir, officer, I do not.
[01:13:55.400 --> 01:14:00.400]  And he said, the reason I stopped you is because you were doing 61 in a 55.
[01:14:00.400 --> 01:14:06.400]  And I said, is there a problem with that?
[01:14:06.400 --> 01:14:11.400]  And he said, well, you were going faster than the posted speed limit.
[01:14:11.400 --> 01:14:14.400]  I said, I'm not driving commercially.
[01:14:14.400 --> 01:14:17.400]  I said, I'm just traveling down the road.
[01:14:17.400 --> 01:14:20.400]  I said, just traveling, traveling down the road.
[01:14:20.400 --> 01:14:21.400]  I said, I don't drive commercially.
[01:14:21.400 --> 01:14:23.400]  I said, this is not a commercial vehicle.
[01:14:23.400 --> 01:14:27.400]  And I said, posted speed limit is for commercial vehicles.
[01:14:27.400 --> 01:14:34.400]  And so anyway, he just, you know, it was oblivious to that.
[01:14:34.400 --> 01:14:36.400]  Yes.
[01:14:36.400 --> 01:14:39.400]  And tell me what you're doing wrong when you do these things.
[01:14:39.400 --> 01:14:41.400]  Well, I'm educating.
[01:14:41.400 --> 01:14:43.400]  Yes, you are.
[01:14:43.400 --> 01:14:51.400]  And so anyway, so he calls my name, he asked me for my name and my birthdate,
[01:14:51.400 --> 01:14:54.400]  and I gave him that because I'm required to do that.
[01:14:54.400 --> 01:14:57.400]  No, not unless you're actually under arrest.
[01:14:57.400 --> 01:14:59.400]  Did he tell you that you were?
[01:14:59.400 --> 01:15:03.400]  Well, I figured I was under arrest since he hit me with lights.
[01:15:03.400 --> 01:15:05.400]  I was under custodial arrest at that point.
[01:15:05.400 --> 01:15:08.400]  Technically you are, but you want to force him to say that.
[01:15:08.400 --> 01:15:09.400]  Oh, okay.
[01:15:09.400 --> 01:15:10.400]  Okay.
[01:15:10.400 --> 01:15:11.400]  I'll follow you now.
[01:15:11.400 --> 01:15:13.400]  No, I didn't ask him that.
[01:15:13.400 --> 01:15:18.400]  So anyway, I did ask him if he had his video cam and his audio on.
[01:15:18.400 --> 01:15:19.400]  And he said, yes, I did.
[01:15:19.400 --> 01:15:20.400]  I said, good.
[01:15:20.400 --> 01:15:29.400]  And so he came back and he said, I'm not going to cite you for failure to show insurance.
[01:15:29.400 --> 01:15:30.400]  You do have insurance.
[01:15:30.400 --> 01:15:33.400]  He said, but I'm giving you a ticket for speeding.
[01:15:33.400 --> 01:15:37.400]  And I said, okay.
[01:15:37.400 --> 01:15:43.400]  So he wrote out the ticket and now on the ticket itself,
[01:15:43.400 --> 01:15:46.400]  they use the term vehicle license number.
[01:15:46.400 --> 01:15:52.400]  And then also they use the term vehicle search, yes or no.
[01:15:52.400 --> 01:15:58.400]  And so anyway, then at the bottom of the ticket where it says issued by,
[01:15:58.400 --> 01:16:02.400]  and this appears to be a standard DPS form ticket,
[01:16:02.400 --> 01:16:06.400]  the officer puts initials down there instead of his name.
[01:16:06.400 --> 01:16:13.400]  Now he does put his correct badge number, but his initials don't even match his name.
[01:16:13.400 --> 01:16:19.400]  And so I'm like, he used the initials XL, which that is even his name.
[01:16:19.400 --> 01:16:30.400]  And so anyway, so I sent a notice to the court that I had been stopped
[01:16:30.400 --> 01:16:38.400]  for a violation of the transportation code that I was not driving.
[01:16:38.400 --> 01:16:40.400]  Okay, William, I need to take a break.
[01:16:40.400 --> 01:16:43.400]  So hang on just a minute and we'll pick this up on the other side, okay?
[01:16:43.400 --> 01:16:44.400]  Okay, sure.
[01:16:44.400 --> 01:16:46.400]  All right, folks, this is Rule of Law Radio.
[01:16:46.400 --> 01:16:50.400]  Call it number 512-646-1984.
[01:16:50.400 --> 01:16:52.400]  We will be right back.
[01:16:52.400 --> 01:17:00.400]  So y'all hang in there.
[01:17:22.400 --> 01:17:27.400]  We'll be right back.
[01:17:52.400 --> 01:17:54.400]  Friday 10 to 6, Saturdays 10 to 2.
[01:17:54.400 --> 01:18:01.400]  Visit us at capitalcoinandbullying.com or call 512-646-6440.
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[01:19:00.400 --> 01:19:22.400]  This is the Logos Radio Network.
[01:19:22.400 --> 01:19:24.400]  Hi, folks. We are back.
[01:19:24.400 --> 01:19:28.400]  This is Rule of Law Radio, and we are talking to William in Texas.
[01:19:28.400 --> 01:19:30.400]  All right, William, go ahead.
[01:19:30.400 --> 01:19:37.400]  Okay. So anyway, the officer, I did verify with the officer
[01:19:37.400 --> 01:19:40.400]  why he had his audio and video on.
[01:19:40.400 --> 01:19:46.400]  I asked him, I said, and you do verify that there has been no accident involved?
[01:19:46.400 --> 01:19:47.400]  He said, oh, no, I wrote that on the ticket.
[01:19:47.400 --> 01:19:49.400]  There's no accident been involved out here.
[01:19:49.400 --> 01:19:51.400]  I said, thank you, officer. That's all I wanted to know.
[01:19:51.400 --> 01:19:54.400]  And I got in my truck and left.
[01:19:54.400 --> 01:20:02.400]  Then I went to the court three days later,
[01:20:02.400 --> 01:20:06.400]  and I asked for a copy of the complaint.
[01:20:06.400 --> 01:20:08.400]  They didn't have it ready yet.
[01:20:08.400 --> 01:20:09.400]  I went back.
[01:20:09.400 --> 01:20:11.400]  I think, well, they called me two days later
[01:20:11.400 --> 01:20:12.400]  and told me they had a copy of the complaint.
[01:20:12.400 --> 01:20:15.400]  I could come pick it up if I wanted to.
[01:20:15.400 --> 01:20:16.400]  So I went down there.
[01:20:16.400 --> 01:20:20.400]  The complaint is not even in the proper format.
[01:20:20.400 --> 01:20:23.400]  It hasn't been signed by anybody.
[01:20:23.400 --> 01:20:30.400]  And so then they gave me, they handed me a paper to make a plea.
[01:20:30.400 --> 01:20:32.400]  And I said, what do you want me to make a plea against?
[01:20:32.400 --> 01:20:34.400]  I haven't been charged with anything.
[01:20:34.400 --> 01:20:36.400]  And they said, oh, well, that's right.
[01:20:36.400 --> 01:20:39.400]  And so then they called me back on Friday.
[01:20:39.400 --> 01:20:43.400]  Well, in between the time I had suffered from a heart attack
[01:20:43.400 --> 01:20:45.400]  and went and had to go in the hospital,
[01:20:45.400 --> 01:20:48.400]  I just got out on Thursday, starting to get to go there Friday.
[01:20:48.400 --> 01:20:53.400]  So I go over there today, which is the 9th,
[01:20:53.400 --> 01:20:57.400]  which is also the day I'm supposed to appear in court.
[01:20:57.400 --> 01:21:02.400]  And so anyway, they handed me a copy of the complaint.
[01:21:02.400 --> 01:21:08.400]  And again, it's not in the proper format.
[01:21:08.400 --> 01:21:11.400]  What do you mean by not in the proper format?
[01:21:11.400 --> 01:21:14.400]  Well, it doesn't have, on the affidavit,
[01:21:14.400 --> 01:21:21.400]  the part where the officer is saying about the perjury.
[01:21:21.400 --> 01:21:22.400]  It doesn't have to have that.
[01:21:22.400 --> 01:21:24.400]  That's not a part of the complaint.
[01:21:24.400 --> 01:21:28.400]  No criminal complaint is required to be signed under penalty of perjury
[01:21:28.400 --> 01:21:32.400]  because it is not required to be signed by a person with competent firsthand knowledge.
[01:21:32.400 --> 01:21:33.400]  Okay.
[01:21:33.400 --> 01:21:38.400]  Anybody can sign a criminal complaint except for someone in the prosecutor's office
[01:21:38.400 --> 01:21:42.400]  or someone in the court where the case is to be heard.
[01:21:42.400 --> 01:21:49.400]  That's, well, that's one of the things is one of the secretaries there
[01:21:49.400 --> 01:21:52.400]  in the JP's court is signed in the complaint.
[01:21:52.400 --> 01:22:01.400]  Yes, we know that, but that's still not required to be under penalty of perjury.
[01:22:01.400 --> 01:22:07.400]  Now, the problem here is, is when the clerks are acting as the affiant
[01:22:07.400 --> 01:22:12.400]  and as the verifier because they're doing, they're acting as agents of the court
[01:22:12.400 --> 01:22:16.400]  at that point, the judge, which makes the judge the accuser.
[01:22:16.400 --> 01:22:17.400]  Right.
[01:22:17.400 --> 01:22:18.400]  That they cannot do.
[01:22:18.400 --> 01:22:21.400]  It's an agency issue when they do that.
[01:22:21.400 --> 01:22:26.400]  The court cannot be the accuser in a case that that court is going to hear.
[01:22:26.400 --> 01:22:42.400]  Right. The, in other words, the judge is, how would you say, signing the complaints?
[01:22:42.400 --> 01:22:45.400]  Via agency, yes.
[01:22:45.400 --> 01:22:47.400]  The clerk is signing on behalf of the judge.
[01:22:47.400 --> 01:22:48.400]  Yes.
[01:22:48.400 --> 01:22:49.400]  Right.
[01:22:49.400 --> 01:22:54.400]  And doesn't that have to go through the county attorney as an information?
[01:22:54.400 --> 01:22:56.400]  The county attorney can't sign it either.
[01:22:56.400 --> 01:23:00.400]  The prosecuting attorney cannot be the affiant on the complaint.
[01:23:00.400 --> 01:23:14.400]  They can verify one, but they can't be the affiant.
[01:23:14.400 --> 01:23:20.400]  Okay, well, I'm a little confused now because.
[01:23:20.400 --> 01:23:22.400]  Well, there's nothing to be confused about.
[01:23:22.400 --> 01:23:25.400]  What they're doing with the clerks is illegal.
[01:23:25.400 --> 01:23:26.400]  I understand.
[01:23:26.400 --> 01:23:27.400]  Okay.
[01:23:27.400 --> 01:23:33.400]  So one of the first things you want to do if you have a seminar material is file a motion to quash the complaint.
[01:23:33.400 --> 01:23:39.400]  But you've also got a special appearance motion that's there for the purpose of challenging notice
[01:23:39.400 --> 01:23:45.400]  and this improper process of the clerk being the one signing the complaint.
[01:23:45.400 --> 01:23:46.400]  Right.
[01:23:46.400 --> 01:23:52.400]  Well, in other words, let's see here.
[01:23:52.400 --> 01:23:55.400]  It says refer to a test copy of citation.
[01:23:55.400 --> 01:23:56.400]  Okay.
[01:23:56.400 --> 01:24:01.400]  It says the affiant, it's just got initials that doesn't say anything.
[01:24:01.400 --> 01:24:07.400]  And then it says sworn to and subscribe before today on this date, June 24th.
[01:24:07.400 --> 01:24:10.400]  Then it has the court clerk who's also a notary.
[01:24:10.400 --> 01:24:11.400]  Yeah.
[01:24:11.400 --> 01:24:13.400]  So what's your question?
[01:24:13.400 --> 01:24:17.400]  Well, okay.
[01:24:17.400 --> 01:24:19.400]  There are several things going on here.
[01:24:19.400 --> 01:24:27.400]  First of all, they're asking me for a plea that I haven't even gone before trial yet or anything.
[01:24:27.400 --> 01:24:29.400]  In other words, they're asking me to make a plea up front.
[01:24:29.400 --> 01:24:31.400]  They always do that.
[01:24:31.400 --> 01:24:34.400]  But you don't ever enter a plea.
[01:24:34.400 --> 01:24:39.400]  Never, ever, ever, not at trial, not before trial, not 10 years after trial.
[01:24:39.400 --> 01:24:41.400]  You never enter a plea.
[01:24:41.400 --> 01:24:43.400]  That's where I'm at.
[01:24:43.400 --> 01:24:49.400]  And then today they asked, I said, I can't enter a plea against this.
[01:24:49.400 --> 01:24:56.400]  I said this is not even the proper way to do this.
[01:24:56.400 --> 01:24:57.400]  Wait, wait, wait.
[01:24:57.400 --> 01:25:01.400]  Where are you getting the idea on what a proper way to do this is?
[01:25:01.400 --> 01:25:03.400]  What are you calling an improper format?
[01:25:03.400 --> 01:25:09.400]  Well, they're trying to charge me with a commercial traffic code offense.
[01:25:09.400 --> 01:25:12.400]  Okay.
[01:25:12.400 --> 01:25:17.400]  And the offense I've named, the offense on the ticket is speeding,
[01:25:17.400 --> 01:25:25.400]  and then the offense on the complaint is speeding dash 10 percent of up-posted speed.
[01:25:25.400 --> 01:25:29.400]  And I'm like, where are you all pulling this law from?
[01:25:29.400 --> 01:25:33.400]  I said, that's not even in the traffic code.
[01:25:33.400 --> 01:25:39.400]  And so that's where I'm, you know, trying to challenge them.
[01:25:39.400 --> 01:25:43.400]  You're challenging me with an offense that's for commercial driving.
[01:25:43.400 --> 01:25:46.400]  I'm not driving commercially.
[01:25:46.400 --> 01:25:48.400]  Well, let me put it this way.
[01:25:48.400 --> 01:25:53.400]  If that's how you go in and make the argument, you're already done.
[01:25:53.400 --> 01:25:56.400]  You're going to merits.
[01:25:56.400 --> 01:25:59.400]  You go to merits, you lose.
[01:25:59.400 --> 01:26:01.400]  End of story.
[01:26:01.400 --> 01:26:03.400]  Okay.
[01:26:03.400 --> 01:26:07.400]  So where are you located?
[01:26:07.400 --> 01:26:11.400]  I'm in D County, Texas.
[01:26:11.400 --> 01:26:12.400]  Okay.
[01:26:12.400 --> 01:26:14.400]  How far is that from Austin?
[01:26:14.400 --> 01:26:16.400]  About an hour and a half.
[01:26:16.400 --> 01:26:17.400]  Okay.
[01:26:17.400 --> 01:26:18.400]  Yeah, about an hour and a half.
[01:26:18.400 --> 01:26:21.400]  Well, you need to be practicing your Sundays in the class up here then,
[01:26:21.400 --> 01:26:23.400]  because you go into court with what you're talking about,
[01:26:23.400 --> 01:26:27.400]  and you're going to get just run completely over,
[01:26:27.400 --> 01:26:32.400]  and you're not going to have a record that will allow you to make an appeal.
[01:26:32.400 --> 01:26:33.400]  Okay.
[01:26:33.400 --> 01:26:39.400]  I know they, I asked them to show me the law where speeding is a violation in Texas.
[01:26:39.400 --> 01:26:46.400]  And then apparently the court clerk wrote an email to a DPS officer,
[01:26:46.400 --> 01:26:52.400]  and she said, has a defendant that wants to know where it says that speeding is against the law.
[01:26:52.400 --> 01:26:53.400]  Oh, my God.
[01:26:53.400 --> 01:26:57.400]  And then they sent something back out of their DPS manual,
[01:26:57.400 --> 01:27:01.400]  and they sent back part of the transportation.
[01:27:01.400 --> 01:27:04.400]  545.352.
[01:27:04.400 --> 01:27:05.400]  That's correct.
[01:27:05.400 --> 01:27:06.400]  Yeah.
[01:27:06.400 --> 01:27:10.400]  The problem is, is they're ignoring 545.351.
[01:27:10.400 --> 01:27:12.400]  That's correct.
[01:27:12.400 --> 01:27:17.400]  Yeah, but the other problem is, is you're trying to argue that, and you shouldn't be.
[01:27:17.400 --> 01:27:19.400]  Okay.
[01:27:19.400 --> 01:27:22.400]  All right.
[01:27:22.400 --> 01:27:28.400]  And then on my notice to the court, just to back up a little bit,
[01:27:28.400 --> 01:27:32.400]  I basically told them my rights have been deprived.
[01:27:32.400 --> 01:27:40.400]  I said I was under custodial arrest for having the ability to move out freely as a traveler.
[01:27:40.400 --> 01:27:42.400]  I said I'm not driving commercially.
[01:27:42.400 --> 01:27:43.400]  Okay.
[01:27:43.400 --> 01:27:47.400]  William, William, let me stop you here before we go into this any further.
[01:27:47.400 --> 01:27:48.400]  Okay.
[01:27:48.400 --> 01:27:51.400]  Everything you're doing is wrong for a reason.
[01:27:51.400 --> 01:27:52.400]  Okay.
[01:27:52.400 --> 01:27:57.400]  You are trying to educate those who, one, don't want to be educated,
[01:27:57.400 --> 01:27:59.400]  two, don't care to be educated.
[01:27:59.400 --> 01:28:02.400]  They're not there to follow the law.
[01:28:02.400 --> 01:28:04.400]  Are we clear so far?
[01:28:04.400 --> 01:28:05.400]  Yes.
[01:28:05.400 --> 01:28:10.400]  Everything you're saying is digging a hole under you.
[01:28:10.400 --> 01:28:12.400]  Are we clear on that?
[01:28:12.400 --> 01:28:13.400]  Okay.
[01:28:13.400 --> 01:28:16.400]  Stop talking.
[01:28:16.400 --> 01:28:20.400]  Do what you are required to do in writing.
[01:28:20.400 --> 01:28:22.400]  That's just what I'm doing now.
[01:28:22.400 --> 01:28:27.400]  And what you do is you refute ever being in transportation.
[01:28:27.400 --> 01:28:31.400]  You don't argue the merits of the accusation because it doesn't apply
[01:28:31.400 --> 01:28:36.400]  unless and until they can prove you were engaged in transportation.
[01:28:36.400 --> 01:28:38.400]  So where is your focus?
[01:28:38.400 --> 01:28:40.400]  That's what I'm trying to do.
[01:28:40.400 --> 01:28:41.400]  No, it's not what you're doing.
[01:28:41.400 --> 01:28:45.400]  You're arguing this is, I'm not driving commercially.
[01:28:45.400 --> 01:28:48.400]  You can't use driving.
[01:28:48.400 --> 01:28:53.400]  The moment you say you're driving in any capacity, it's commercial.
[01:28:53.400 --> 01:28:56.400]  Right.
[01:28:56.400 --> 01:28:58.400]  I didn't tell them I was driving.
[01:28:58.400 --> 01:29:01.400]  First of all, I said I'm not engaged in any commercial activity.
[01:29:01.400 --> 01:29:03.400]  That's not what you said you were saying.
[01:29:03.400 --> 01:29:06.400]  You said I'm not driving in a commercial capacity.
[01:29:06.400 --> 01:29:24.400]  I told them my exact words in the notice that I sent them was that,
[01:29:24.400 --> 01:29:30.400]  okay, I said I do not own and I'm not the owner of a vehicle,
[01:29:30.400 --> 01:29:32.400]  a motor vehicle, a passenger car.
[01:29:32.400 --> 01:29:35.400]  And where did you make this argument?
[01:29:35.400 --> 01:29:37.400]  This was in the notice to the court.
[01:29:37.400 --> 01:29:39.400]  A notice to the court?
[01:29:39.400 --> 01:29:40.400]  Yes.
[01:29:40.400 --> 01:29:42.400]  Okay, I can see this is going to take longer.
[01:29:42.400 --> 01:29:43.400]  We've got time left for it.
[01:29:43.400 --> 01:29:44.400]  Hang on, William.
[01:29:44.400 --> 01:29:46.400]  I'm going to wrap this up on the other side.
[01:29:46.400 --> 01:29:48.400]  Okay.
[01:29:48.400 --> 01:29:49.400]  All right, folks.
[01:29:49.400 --> 01:30:02.400]  We'll be right back after this break, so y'all hang in there.
[01:30:02.400 --> 01:30:05.400]  YouTube is making users post their actual names,
[01:30:05.400 --> 01:30:08.400]  claiming the transparency leads to better online behavior.
[01:30:08.400 --> 01:30:09.400]  But does it?
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[01:33:01.400 --> 01:33:12.400]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:33:12.400 --> 01:33:35.400]  All right, folks, we are back.
[01:33:35.400 --> 01:33:37.400]  This is Rule of Law Radio.
[01:33:37.400 --> 01:33:40.400]  All right, we're going to try to wrap this up with William.
[01:33:40.400 --> 01:33:41.400]  Okay, William.
[01:33:41.400 --> 01:33:42.400]  Okay.
[01:33:42.400 --> 01:33:45.400]  The way you're approaching this is not the correct way of doing it.
[01:33:45.400 --> 01:33:49.400]  If you go into court with this, you are going to get steamrolled.
[01:33:49.400 --> 01:33:50.400]  Okay.
[01:33:50.400 --> 01:33:54.400]  The burden of proof has to stay on the state.
[01:33:54.400 --> 01:33:59.400]  The moment you start making assertions of fact, the burden of proof shifts to you.
[01:33:59.400 --> 01:34:00.400]  Are we clear?
[01:34:00.400 --> 01:34:01.400]  Okay.
[01:34:01.400 --> 01:34:02.400]  Okay.
[01:34:02.400 --> 01:34:06.400]  You force them to prove their case.
[01:34:06.400 --> 01:34:07.400]  Okay.
[01:34:07.400 --> 01:34:12.400]  Basically, in such a defense, there are four things that you want to do.
[01:34:12.400 --> 01:34:16.400]  Now, if you're a commercial driver or if you actually want to fight speeding on the merits,
[01:34:16.400 --> 01:34:22.400]  that's easy enough to do, but it's not the right way to set the right precedent is what I'm getting at.
[01:34:22.400 --> 01:34:23.400]  Right, right.
[01:34:23.400 --> 01:34:28.400]  If you want to argue not in transportation, then you have to do that from the very beginning.
[01:34:28.400 --> 01:34:29.400]  Yes.
[01:34:29.400 --> 01:34:32.400]  But you can't do it by arguing right to travel.
[01:34:32.400 --> 01:34:34.400]  They're not the same thing.
[01:34:34.400 --> 01:34:35.400]  Right.
[01:34:35.400 --> 01:34:36.400]  Okay?
[01:34:36.400 --> 01:34:43.400]  So there's basically four questions to ask the officer on the stand, and that's all you need.
[01:34:43.400 --> 01:34:52.400]  Officer, at any time during your alleged investigation, did you obtain, receive, or otherwise discover a bill of lading?
[01:34:52.400 --> 01:34:54.400]  Then you repeat, and he'll say no.
[01:34:54.400 --> 01:34:58.400]  You ask the same question again, except this time you say, did you discover a passenger manifest?
[01:34:58.400 --> 01:35:00.400]  No.
[01:35:00.400 --> 01:35:03.400]  Did you discover a commercial logbook?
[01:35:03.400 --> 01:35:04.400]  No.
[01:35:04.400 --> 01:35:09.400]  So your investigation produced no evidence of any kind that I was engaged in any form of transportation
[01:35:09.400 --> 01:35:11.400]  or commercial use of the highways?
[01:35:11.400 --> 01:35:12.400]  No.
[01:35:12.400 --> 01:35:16.400]  At which point, if you're lucky, you will get the prosecuting attorney to jump up and say,
[01:35:16.400 --> 01:35:21.400]  no one is attempting to make this out as he was ever acting commercially.
[01:35:21.400 --> 01:35:22.400]  Bingo.
[01:35:22.400 --> 01:35:25.400]  Thank you.
[01:35:25.400 --> 01:35:28.400]  That's exactly what you want the other side to admit to.
[01:35:28.400 --> 01:35:30.400]  We never said he was commercial.
[01:35:30.400 --> 01:35:36.400]  Exactly, which now proves that you know you're committing a crime by falsely and maliciously prosecuting me.
[01:35:36.400 --> 01:35:39.400]  And the officer stated that clearly on the tape.
[01:35:39.400 --> 01:35:42.400]  He says, I'm not stopping you for any commercial violation.
[01:35:42.400 --> 01:35:44.400]  And I'm like, what are you doing?
[01:35:44.400 --> 01:35:47.400]  Okay, irrelevant to what I'm talking about here.
[01:35:47.400 --> 01:35:50.400]  What the officer says, you can ask him about it, but the moment you do that,
[01:35:50.400 --> 01:35:53.400]  you're allowing him to chase down a marriage trail you don't want to go down.
[01:35:53.400 --> 01:35:54.400]  Okay.
[01:35:54.400 --> 01:35:55.400]  Okay?
[01:35:55.400 --> 01:35:57.400]  Stick to what I just said.
[01:35:57.400 --> 01:35:58.400]  Okay.
[01:35:58.400 --> 01:36:01.400]  The state has to prove standing.
[01:36:01.400 --> 01:36:07.400]  The only way they can prove standing to prosecute is to prove transportation was being engaged in.
[01:36:07.400 --> 01:36:12.400]  Because only if it was being engaged in could the offense be committed by the individual.
[01:36:12.400 --> 01:36:14.400]  Right.
[01:36:14.400 --> 01:36:19.400]  So we never get to the offense if we never get to transportation.
[01:36:19.400 --> 01:36:20.400]  Right.
[01:36:20.400 --> 01:36:24.400]  So we don't talk about the merits of the charge.
[01:36:24.400 --> 01:36:27.400]  Okay.
[01:36:27.400 --> 01:36:33.400]  Because once you do that, you've agreed transportation is the issue.
[01:36:33.400 --> 01:36:36.400]  See how that works?
[01:36:36.400 --> 01:36:37.400]  Okay.
[01:36:37.400 --> 01:36:41.400]  You completely bypassed the argument of not in transportation
[01:36:41.400 --> 01:36:46.400]  because you went to arguing the merits of a transportation offense.
[01:36:46.400 --> 01:36:50.400]  Okay.
[01:36:50.400 --> 01:36:55.400]  Yeah, I told him from the get-go on the notice, I said I don't own a vehicle.
[01:36:55.400 --> 01:36:58.400]  You're educating the cop, stop doing that.
[01:36:58.400 --> 01:37:01.400]  If you haven't read those scripts, start.
[01:37:01.400 --> 01:37:02.400]  Okay.
[01:37:02.400 --> 01:37:04.400]  I've read the scripts.
[01:37:04.400 --> 01:37:09.400]  Well, but what you're telling me is by what you're telling me you said is you either didn't read it
[01:37:09.400 --> 01:37:15.400]  or you don't understand it or you think you can do it better, more power to you.
[01:37:15.400 --> 01:37:21.400]  But what's in that script is taken from the case law on how to say the things that the court will recognize
[01:37:21.400 --> 01:37:26.400]  as their own language for the purposes of protecting your rights.
[01:37:26.400 --> 01:37:28.400]  You deviate from that script.
[01:37:28.400 --> 01:37:32.400]  You are jumping off a scaffolding with the noose around your neck.
[01:37:32.400 --> 01:37:33.400]  Okay.
[01:37:33.400 --> 01:37:36.400]  What I was trying to do is keep it from going to court.
[01:37:36.400 --> 01:37:39.400]  You're not going to do that.
[01:37:39.400 --> 01:37:41.400]  They're going to do what they're going to do.
[01:37:41.400 --> 01:37:45.400]  Nothing that you're talking about or I'm talking about is a silver bullet.
[01:37:45.400 --> 01:37:46.400]  It's not.
[01:37:46.400 --> 01:37:49.400]  They're going to do what they want to do.
[01:37:49.400 --> 01:37:50.400]  Okay.
[01:37:50.400 --> 01:37:52.400]  This is about getting your money.
[01:37:52.400 --> 01:37:55.400]  They don't get your money by going, oh, okay, no big deal.
[01:37:55.400 --> 01:37:56.400]  Go home.
[01:37:56.400 --> 01:37:57.400]  Yeah.
[01:37:57.400 --> 01:37:58.400]  Okay.
[01:37:58.400 --> 01:38:01.400]  That was the last one I went to.
[01:38:01.400 --> 01:38:05.400]  All I did was talk to the judge, slap the law down in front of her face,
[01:38:05.400 --> 01:38:07.400]  and she may have bothered me after that.
[01:38:07.400 --> 01:38:10.400]  And so I was kind of...
[01:38:10.400 --> 01:38:13.400]  I'm not sure what you mean by slap the law down in front of her face,
[01:38:13.400 --> 01:38:18.400]  but we'll cover that at another time because I got other callers up here before I have to get off the show.
[01:38:18.400 --> 01:38:20.400]  Okay.
[01:38:20.400 --> 01:38:27.400]  She never followed up, sending me a complaint or anything.
[01:38:27.400 --> 01:38:29.400]  Just disappeared.
[01:38:29.400 --> 01:38:31.400]  That happens at times.
[01:38:31.400 --> 01:38:32.400]  Yes.
[01:38:32.400 --> 01:38:35.400]  But what I told them from the very beginning, I said,
[01:38:35.400 --> 01:38:39.400]  I'm not engaged in the commercial activity known as transportation.
[01:38:39.400 --> 01:38:41.400]  I repeated it several times.
[01:38:41.400 --> 01:38:47.400]  And I said, my wife and son and I were simply traveling in our personal automobile for non-commercial personal purpose.
[01:38:47.400 --> 01:38:53.400]  I was not engaged in the activity of transportation or any other commercial activity for that matter.
[01:38:53.400 --> 01:38:58.400]  I said, as a traveler, I have the right to travel on Texas public roads for non-commercial purposes.
[01:38:58.400 --> 01:39:03.400]  And I said, driving on Texas public roads for hire or commercially is a license-regulated privilege.
[01:39:03.400 --> 01:39:05.400]  I'm not doing that.
[01:39:05.400 --> 01:39:10.400]  Again, you're deviating from what we're talking about in the script, trying to educate the cop.
[01:39:10.400 --> 01:39:13.400]  Stop doing that.
[01:39:13.400 --> 01:39:18.400]  It will come back to bite you in the butt.
[01:39:18.400 --> 01:39:20.400]  Okay.
[01:39:20.400 --> 01:39:27.400]  I know you don't see how right now, but trust me, it will sneak up on you when you least expect it.
[01:39:27.400 --> 01:39:28.400]  Okay.
[01:39:28.400 --> 01:39:34.400]  Because a prosecutor that gets his hands on that video and wants to use everything you said against you
[01:39:34.400 --> 01:39:37.400]  will find a way to twist that into exactly what he needs.
[01:39:37.400 --> 01:39:39.400]  Stop giving it to him.
[01:39:39.400 --> 01:39:40.400]  Okay.
[01:39:40.400 --> 01:39:49.400]  So I'm kind of right now, at this point, they haven't filed an information.
[01:39:49.400 --> 01:39:50.400]  They don't have an indictment.
[01:39:50.400 --> 01:39:53.400]  And they're probably not going to if this is a municipal court.
[01:39:53.400 --> 01:39:56.400]  You said this was DPS that wrote the ticket, right?
[01:39:56.400 --> 01:39:58.400]  No, it was County Boy.
[01:39:58.400 --> 01:40:01.400]  So you still went to a JP, not a Muni?
[01:40:01.400 --> 01:40:03.400]  Yes, this is JP court.
[01:40:03.400 --> 01:40:04.400]  Okay.
[01:40:04.400 --> 01:40:05.400]  Yeah.
[01:40:05.400 --> 01:40:09.400]  The odds are they probably won't even try to file an information, even though they're required to
[01:40:09.400 --> 01:40:14.400]  under 2.04 and 2.05 Code of Criminal Procedure.
[01:40:14.400 --> 01:40:15.400]  Okay.
[01:40:15.400 --> 01:40:16.400]  Yeah.
[01:40:16.400 --> 01:40:20.400]  When I went to the court to say not filing a writ of mandamus.
[01:40:20.400 --> 01:40:23.400]  A writ of mandamus for what?
[01:40:23.400 --> 01:40:27.400]  For not filing any of the proper procedures.
[01:40:27.400 --> 01:40:30.400]  Then you don't understand what a mandamus is for.
[01:40:30.400 --> 01:40:33.400]  A mandamus doesn't go to the court you're in.
[01:40:33.400 --> 01:40:37.400]  It goes to the court above them to make them do what they're supposed to.
[01:40:37.400 --> 01:40:39.400]  Right, right. That's what I'm talking about.
[01:40:39.400 --> 01:40:41.400]  So who did you file a mandamus with?
[01:40:41.400 --> 01:40:44.400]  I haven't filed one yet.
[01:40:44.400 --> 01:40:47.400]  I went to the county court clerk.
[01:40:47.400 --> 01:40:49.400]  She had to look it up in the book.
[01:40:49.400 --> 01:40:54.400]  She had heard of the law before, but she didn't recall anyone ever doing that.
[01:40:54.400 --> 01:40:59.400]  And so they said they had to contact Michael Nives, who's a county attorney.
[01:40:59.400 --> 01:41:05.400]  And I said, well, that's the attorney that would be prosecuting me in the JP court.
[01:41:05.400 --> 01:41:08.400]  And she said, oh, no, he doesn't prosecute JP courts.
[01:41:08.400 --> 01:41:10.400]  He only hears Class A and Class B misdemeanors.
[01:41:10.400 --> 01:41:13.400]  And I'm like, what?
[01:41:13.400 --> 01:41:16.400]  It's like, I don't know.
[01:41:16.400 --> 01:41:19.400]  I'm really dealing with some very competent people here.
[01:41:19.400 --> 01:41:22.400]  Well, that's exactly the point.
[01:41:22.400 --> 01:41:24.400]  But anyway, William, I need to get on to my next caller here.
[01:41:24.400 --> 01:41:28.400]  But if you don't have the seminar material, I highly recommend you get your hands on it
[01:41:28.400 --> 01:41:31.400]  because the stuff you need to be filing in the court is all in there.
[01:41:31.400 --> 01:41:33.400]  Okay.
[01:41:33.400 --> 01:41:35.400]  I've got some of the material.
[01:41:35.400 --> 01:41:37.400]  I don't have all of it.
[01:41:37.400 --> 01:41:39.400]  What do you mean you got some of it?
[01:41:39.400 --> 01:41:43.400]  Well, I've got the transcripts.
[01:41:43.400 --> 01:41:44.400]  I've got...
[01:41:44.400 --> 01:41:45.400]  Okay.
[01:41:45.400 --> 01:41:48.400]  That's the part that I give out for free is the script stuff.
[01:41:48.400 --> 01:41:53.400]  But I'm talking about the actual seminar that has the book on how to read and understand statute,
[01:41:53.400 --> 01:41:56.400]  what the transportation code is and what it isn't,
[01:41:56.400 --> 01:42:00.400]  and has about 400 different legal pleadings in it.
[01:42:00.400 --> 01:42:01.400]  Okay.
[01:42:01.400 --> 01:42:04.400]  I haven't got that part.
[01:42:04.400 --> 01:42:10.400]  And I probably need to get up there and attend one of your classes.
[01:42:10.400 --> 01:42:13.400]  In fact, I've got a couple of friends that are interested, too.
[01:42:13.400 --> 01:42:15.400]  Well, bring them on.
[01:42:15.400 --> 01:42:23.400]  It's really difficult dealing with these folks because they're bypassing every section of the law there is.
[01:42:23.400 --> 01:42:27.400]  Yes, they are because, like I said, this is not about justice.
[01:42:27.400 --> 01:42:28.400]  This is not about law.
[01:42:28.400 --> 01:42:29.400]  Right.
[01:42:29.400 --> 01:42:32.400]  The moment you step in there believing that's what you're getting into,
[01:42:32.400 --> 01:42:38.400]  that's what gets you in trouble because you're not prepared to counter what they're actually doing.
[01:42:38.400 --> 01:42:40.400]  Right.
[01:42:40.400 --> 01:42:41.400]  Okay.
[01:42:41.400 --> 01:42:43.400]  Well, they said...
[01:42:43.400 --> 01:42:45.400]  If I could just say one more quick thing.
[01:42:45.400 --> 01:42:47.400]  The judge said I had plenty of time.
[01:42:47.400 --> 01:42:49.400]  He had about 15 cases ahead of him.
[01:42:49.400 --> 01:42:53.400]  So he says, I'll send you a letter in the mail when we're ready.
[01:42:53.400 --> 01:42:55.400]  And he said, we'll have a sit down.
[01:42:55.400 --> 01:42:57.400]  See, that was another thing they didn't do.
[01:42:57.400 --> 01:43:04.400]  You know, the criminal procedure is not being followed here.
[01:43:04.400 --> 01:43:11.400]  And so he wants to have a sit down with the county attorney and him and the officer and me.
[01:43:11.400 --> 01:43:14.400]  And I said, I didn't have an examination yet.
[01:43:14.400 --> 01:43:17.400]  And they asked me if I agreed to the plea.
[01:43:17.400 --> 01:43:19.400]  And I said, no, I don't agree to the plea.
[01:43:19.400 --> 01:43:21.400]  I'm not going to plead anything.
[01:43:21.400 --> 01:43:23.400]  And I haven't been charged with anything yet.
[01:43:23.400 --> 01:43:28.400]  And so there's kind of a hung limbo right there.
[01:43:28.400 --> 01:43:30.400]  So I guess whenever he sends me a letter,
[01:43:30.400 --> 01:43:34.400]  but I'm going to try to get up there and get back down to what I think they're at.
[01:43:34.400 --> 01:43:35.400]  Okay.
[01:43:35.400 --> 01:43:36.400]  All right.
[01:43:36.400 --> 01:43:37.400]  Well, good luck.
[01:43:37.400 --> 01:43:38.400]  Okay.
[01:43:38.400 --> 01:43:39.400]  Thank you.
[01:43:39.400 --> 01:43:40.400]  You're welcome.
[01:43:40.400 --> 01:43:41.400]  All right, folks.
[01:43:41.400 --> 01:43:42.400]  This is Rule of Law Radio.
[01:43:42.400 --> 01:43:43.400]  We're coming up on the last segment.
[01:43:43.400 --> 01:43:45.400]  I got three other callers here.
[01:43:45.400 --> 01:43:48.400]  I'm going to try to get them as quick as possible so guys don't go anywhere.
[01:43:48.400 --> 01:43:51.400]  I don't know who the last two are, but I'll figure it out when I answer them.
[01:43:51.400 --> 01:43:53.400]  So we'll be right back.
[01:43:53.400 --> 01:44:00.400]  Y'all hold on.
[01:44:00.400 --> 01:44:03.400]  You feel tired when talking about important topics like money and politics?
[01:44:03.400 --> 01:44:04.400]  Sorry.
[01:44:04.400 --> 01:44:07.400]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.400 --> 01:44:08.400]  What?
[01:44:08.400 --> 01:44:12.400]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:46:17.400 --> 01:46:21.400]  Hi, folks. We are back. This is Rule of Law Radio.
[01:46:21.400 --> 01:46:25.400]  All right. Now, we're going to go to John in Florida.
[01:46:25.400 --> 01:46:29.400]  John, what can we do for you?
[01:46:29.400 --> 01:46:37.400]  I've been working with you about this eviction, and I got everything submitted by the mail,
[01:46:37.400 --> 01:46:42.400]  and, you know, return register receipt priority mail should be there tomorrow.
[01:46:42.400 --> 01:46:48.400]  Now, I think my question is, would it make sense for me to file as well tomorrow?
[01:46:48.400 --> 01:46:58.400]  I'm looking at my answer, and I realized that one of the numbered paragraphs on their complaint
[01:46:58.400 --> 01:47:12.400]  when I was doing my editing messed up, and I don't have either an admitted, denied, or without knowledge.
[01:47:12.400 --> 01:47:15.400]  I deleted it when editing, and I didn't go back and correct it,
[01:47:15.400 --> 01:47:18.400]  and so there is not an answer. It's number seven.
[01:47:18.400 --> 01:47:22.400]  I don't know if this is going to cause me a major problem.
[01:47:22.400 --> 01:47:25.400]  Well, just to be safe, what you need to do is go ahead
[01:47:25.400 --> 01:47:29.400]  and file an amended version of the one you've got in there.
[01:47:29.400 --> 01:47:31.400]  Okay. And how?
[01:47:31.400 --> 01:47:36.400]  You just put amended on the title, fix what's wrong, and file it.
[01:47:36.400 --> 01:47:38.400]  Okay. And I can do that?
[01:47:38.400 --> 01:47:41.400]  You should be able to do that, because the original one that you sent out today
[01:47:41.400 --> 01:47:45.400]  will be postmarked as being timely filed, and all you're doing now
[01:47:45.400 --> 01:47:50.400]  is amending something you noticed in it.
[01:47:50.400 --> 01:47:58.400]  Okay. So then that should save me any – now, where would the amended word be?
[01:47:58.400 --> 01:48:00.400]  At the end of the title.
[01:48:00.400 --> 01:48:05.400]  Whatever the title of your pleading is, you would put the word amended on it.
[01:48:05.400 --> 01:48:11.400]  Understood. Okay. So amended answer. I will do that.
[01:48:11.400 --> 01:48:22.400]  Then on the – and I was looking at – obviously I have to amend the answer,
[01:48:22.400 --> 01:48:26.400]  and so I'm running through my head what I wanted to ask you.
[01:48:26.400 --> 01:48:35.400]  Now, an affidavit to say that I – with proof, because the last thing I did
[01:48:35.400 --> 01:48:36.400]  was get this mailed out.
[01:48:36.400 --> 01:48:40.400]  So I was not able to get copies of the return register receipts
[01:48:40.400 --> 01:48:44.400]  and included in it, because that's what I sent out.
[01:48:44.400 --> 01:48:48.400]  So if I file an affidavit stating that I sent this out that night
[01:48:48.400 --> 01:48:53.400]  so that it basically is making it very clear, it would just be like a notice to say –
[01:48:53.400 --> 01:48:57.400]  if you made an affidavit, you've got the receipts.
[01:48:57.400 --> 01:49:01.400]  Attach them with paperclips, not staples.
[01:49:01.400 --> 01:49:07.400]  Attach them to the pleading that you mailed so that they stay with it.
[01:49:07.400 --> 01:49:11.400]  This is proof that this was mailed on such-and-such date and such-and-such time.
[01:49:11.400 --> 01:49:16.400]  You don't have to file a separate affidavit for the receipts.
[01:49:16.400 --> 01:49:20.400]  I'm sorry. Can you say that one more time? I attached –
[01:49:20.400 --> 01:49:27.400]  you shipped the receipts to your copy of the pleading that you sent out.
[01:49:27.400 --> 01:49:32.400]  You don't have to file a separate affidavit for the receipt or that it was filed.
[01:49:32.400 --> 01:49:39.400]  That's why you attached that to the thing that you mailed.
[01:49:39.400 --> 01:49:42.400]  If I were – I'm sorry. I'm confused, because if I were to send out –
[01:49:42.400 --> 01:49:49.400]  Okay. When you failed out your answer, you have an original copy that you got notarized, correct?
[01:49:49.400 --> 01:49:50.400]  Correct.
[01:49:50.400 --> 01:49:53.400]  And then you made copies of that, correct?
[01:49:53.400 --> 01:49:55.400]  Correct.
[01:49:55.400 --> 01:49:58.400]  You kept one of those copies at least, correct?
[01:49:58.400 --> 01:50:00.400]  I made many copies, yes.
[01:50:00.400 --> 01:50:07.400]  Paperclip the receipts for mailing to one of those copies and put it in your trial notebook.
[01:50:07.400 --> 01:50:08.400]  Okay.
[01:50:08.400 --> 01:50:13.400]  That's your proof that it was mailed. If it's ever questioned, that's your proof.
[01:50:13.400 --> 01:50:18.400]  You don't have to do a separate affidavit saying it was done. You have the proof it was done.
[01:50:18.400 --> 01:50:22.400]  Okay. So now I understand what you're saying, and maybe what you've done there, sir,
[01:50:22.400 --> 01:50:28.400]  my question was that should somebody in the clerk's office overlook this whole thing and say,
[01:50:28.400 --> 01:50:34.400]  the one who's done it on a timely manner, the whole part of the affidavit was to make it very clear to everyone
[01:50:34.400 --> 01:50:38.400]  that it had been done within the timely manner, and that's proof of that.
[01:50:38.400 --> 01:50:44.400]  Well, how much more proof can you have than the fact that it was mailed at the post office
[01:50:44.400 --> 01:50:48.400]  on or before or on the date and time that's on the receipt?
[01:50:48.400 --> 01:50:54.400]  Well, we know these are not the most, you know, ethical people working at these places.
[01:50:54.400 --> 01:50:58.400]  Well, but that's not relevant. You need to look and see in the Civil Rules of Procedure
[01:50:58.400 --> 01:51:06.400]  what constitutes proper service and verify that mailing and go in there prepared to make that argument.
[01:51:06.400 --> 01:51:13.400]  How can notice be achieved? U.S. mail is almost always acceptable in civil proceedings.
[01:51:13.400 --> 01:51:14.400]  Okay.
[01:51:14.400 --> 01:51:19.400]  Okay. So all you have to do is look and see, you know, what is the deadline,
[01:51:19.400 --> 01:51:24.400]  the close of business date, as far as that goes, almost everywhere it's midnight.
[01:51:24.400 --> 01:51:25.400]  Okay.
[01:51:25.400 --> 01:51:31.400]  All right. So as long as it's in on before midnight on the last possible day that you have to do it
[01:51:31.400 --> 01:51:35.400]  within your timeframe, you're good.
[01:51:35.400 --> 01:51:38.400]  Okay. I understood, and I understand all of that.
[01:51:38.400 --> 01:51:44.400]  The whole point of my question was to make sure it's not either overlooked or it gets split.
[01:51:44.400 --> 01:51:50.400]  Well, what makes you think they wouldn't overlook two copies of proof if they're willing to overlook one?
[01:51:50.400 --> 01:51:53.400]  Well, because it's too clear to everybody where it's in the affidavit form.
[01:51:53.400 --> 01:51:57.400]  That's why you go in with the statutes already known and copies of them.
[01:51:57.400 --> 01:52:02.400]  If they try to say that it was not timely, you can say, please show me how it's not timely.
[01:52:02.400 --> 01:52:06.400]  It's within the allotted date under the statute. Here's the date it was received.
[01:52:06.400 --> 01:52:08.400]  Here's the date it was responded to and mailed.
[01:52:08.400 --> 01:52:11.400]  It's within the timeframe specified by the statute,
[01:52:11.400 --> 01:52:15.400]  which specifically says U.S. mail is a valid method of notice and service.
[01:52:15.400 --> 01:52:20.400]  Please tell me how it's not timely and put that response in writing.
[01:52:20.400 --> 01:52:22.400]  Understood. Now, question on that.
[01:52:22.400 --> 01:52:24.400]  We're talking about opportunity, right?
[01:52:24.400 --> 01:52:29.400]  If this goes to default judgment because it's overlooked or somebody slides it through.
[01:52:29.400 --> 01:52:33.400]  Then you have a reason to challenge the default judgment.
[01:52:33.400 --> 01:52:34.400]  Okay. Good enough.
[01:52:34.400 --> 01:52:36.400]  Good enough said.
[01:52:36.400 --> 01:52:43.400]  Now, when I sent this all out, I did not have the opportunity to take all of my copies
[01:52:43.400 --> 01:52:48.400]  and organize them by paperclip or staple and put the I.I. on the stickers.
[01:52:48.400 --> 01:52:54.400]  I just couldn't get them on and make note of them for Exhibit A, Exhibit B, and so on.
[01:52:54.400 --> 01:52:57.400]  Can I go back to the clerk's office?
[01:52:57.400 --> 01:53:02.400]  And if I remember correctly, you can open the file at the clerk's desk.
[01:53:02.400 --> 01:53:04.400]  You're not taking it away from the clerk's desk.
[01:53:04.400 --> 01:53:05.400]  You must stand there with it.
[01:53:05.400 --> 01:53:08.400]  Yeah, but now you're talking about making changes to it.
[01:53:08.400 --> 01:53:11.400]  Do it correctly on your amended filing.
[01:53:11.400 --> 01:53:12.400]  Okay.
[01:53:12.400 --> 01:53:16.400]  So basically turn it into an entirely new amended filing.
[01:53:16.400 --> 01:53:23.400]  Not entirely new, just with the things you've done incorrectly corrected.
[01:53:23.400 --> 01:53:24.400]  That's what I mean.
[01:53:24.400 --> 01:53:25.400]  And that's all I meant.
[01:53:25.400 --> 01:53:26.400]  Yeah.
[01:53:26.400 --> 01:53:31.400]  But that's going to require me to put everything that was sent in the first time,
[01:53:31.400 --> 01:53:33.400]  amend it, send it all back in, and now that would be sent.
[01:53:33.400 --> 01:53:35.400]  Properly labeled, yes.
[01:53:35.400 --> 01:53:36.400]  Right, exactly.
[01:53:36.400 --> 01:53:41.400]  See, the problem is now you've sent in a pleading with exhibits that aren't labeled properly,
[01:53:41.400 --> 01:53:45.400]  how do you expect the judge reading it to reference it?
[01:53:45.400 --> 01:53:46.400]  Understood.
[01:53:46.400 --> 01:53:48.400]  I knew that right away, but I had no choice.
[01:53:48.400 --> 01:53:53.400]  He was either going to get it in or it doesn't go in.
[01:53:53.400 --> 01:53:56.400]  Well, okay.
[01:53:56.400 --> 01:53:59.400]  So the bottom line is I can do my amended and get it out.
[01:53:59.400 --> 01:54:04.400]  I'd rather have them receive something that's not the best of condition and then amend it.
[01:54:04.400 --> 01:54:06.400]  No, that's a mistake.
[01:54:06.400 --> 01:54:08.400]  That's a presumptive mistake.
[01:54:08.400 --> 01:54:13.400]  Because what you don't do could be the one thing that you didn't look at properly in the code
[01:54:13.400 --> 01:54:18.400]  that allows them to throw it all out.
[01:54:18.400 --> 01:54:21.400]  Until you know what the rules of civil procedure require,
[01:54:21.400 --> 01:54:24.400]  don't assume you can get away with doing something like that.
[01:54:24.400 --> 01:54:25.400]  No, no, no.
[01:54:25.400 --> 01:54:29.400]  I'm telling you right now, it wasn't about assuming, it was by necessity,
[01:54:29.400 --> 01:54:33.400]  and therefore hearing what you're telling me is, okay, I have a chance to amend it.
[01:54:33.400 --> 01:54:34.400]  Good.
[01:54:34.400 --> 01:54:41.400]  Okay, but Johnny, the thing about it is what you can amend has limits.
[01:54:41.400 --> 01:54:42.400]  Okay.
[01:54:42.400 --> 01:54:43.400]  All right?
[01:54:43.400 --> 01:54:46.400]  That's what I'm trying to get you to understand.
[01:54:46.400 --> 01:54:51.400]  You couldn't put in a dummy pleading that's got one line of I disagree with this whole thing
[01:54:51.400 --> 01:54:54.400]  and then come in and file a completely written one a week later.
[01:54:54.400 --> 01:54:55.400]  No, I get that.
[01:54:55.400 --> 01:54:56.400]  I totally get that.
[01:54:56.400 --> 01:54:57.400]  Okay.
[01:54:57.400 --> 01:55:03.400]  What I'm saying is, is they could very well take the approach that you have all these exhibits
[01:55:03.400 --> 01:55:06.400]  that are not properly marked and therefore not properly referenced
[01:55:06.400 --> 01:55:10.400]  and therefore your evidence is lacking.
[01:55:10.400 --> 01:55:11.400]  See what I'm saying?
[01:55:11.400 --> 01:55:12.400]  I understand.
[01:55:12.400 --> 01:55:15.400]  They can apply that same argument there.
[01:55:15.400 --> 01:55:17.400]  It could cost you to do that.
[01:55:17.400 --> 01:55:18.400]  Understood.
[01:55:18.400 --> 01:55:24.400]  So when you have up to, don't you all have post offices in Florida that are open late?
[01:55:24.400 --> 01:55:30.400]  I was at the one up at the latest, 6, 37 o'clock is it.
[01:55:30.400 --> 01:55:33.400]  Okay.
[01:55:33.400 --> 01:55:35.400]  You have them later than that in Texas?
[01:55:35.400 --> 01:55:39.400]  Yeah, we have a couple that are open until like 10 o'clock at night, yeah.
[01:55:39.400 --> 01:55:44.400]  Of course, the closest one to us is San Antonio, I think, but still.
[01:55:44.400 --> 01:55:48.400]  I mean, I was lucky enough to, I was going to have to use the automated machine
[01:55:48.400 --> 01:55:50.400]  and the guy was, I was in the lobby.
[01:55:50.400 --> 01:55:53.400]  The whole place was closed down and I'm getting it taken care of.
[01:55:53.400 --> 01:55:57.400]  The last guy just at the desk, he shut everything down and said,
[01:55:57.400 --> 01:55:59.400]  you're just going to have to use the automated machine
[01:55:59.400 --> 01:56:01.400]  and it wouldn't get stamped as being sent out today.
[01:56:01.400 --> 01:56:03.400]  And luckily another guy was in the back.
[01:56:03.400 --> 01:56:05.400]  He came out and said he stamped it for me.
[01:56:05.400 --> 01:56:07.400]  It took it like an hour after everybody had thought.
[01:56:07.400 --> 01:56:10.400]  So I was very lucky that way, but I did as much as I could
[01:56:10.400 --> 01:56:14.400]  in terms of getting it all done in the way that I could.
[01:56:14.400 --> 01:56:15.400]  Okay.
[01:56:15.400 --> 01:56:18.400]  Well, try not to put yourself in a position of running into the wire like that.
[01:56:18.400 --> 01:56:20.400]  No, absolutely.
[01:56:20.400 --> 01:56:21.400]  I agree.
[01:56:21.400 --> 01:56:22.400]  All right.
[01:56:22.400 --> 01:56:23.400]  Well, you got anything else?
[01:56:23.400 --> 01:56:24.400]  No, got it covered for right now.
[01:56:24.400 --> 01:56:25.400]  Thank you.
[01:56:25.400 --> 01:56:26.400]  You're welcome.
[01:56:26.400 --> 01:56:27.400]  Thanks for calling in.
[01:56:27.400 --> 01:56:28.400]  All right.
[01:56:28.400 --> 01:56:33.400]  I got about two minutes for Troy, let's see, Terrence in Florida.
[01:56:33.400 --> 01:56:36.400]  I've already had Troy tonight, so.
[01:56:36.400 --> 01:56:38.400]  All right, Terrence, what can we do for you?
[01:56:38.400 --> 01:56:40.400]  I'll be real fast, Eddie, if I can.
[01:56:40.400 --> 01:56:42.400]  You can try.
[01:56:42.400 --> 01:56:47.400]  I have a friend who'll be 21 in six months, never had a driver's license,
[01:56:47.400 --> 01:56:49.400]  wants to go get one.
[01:56:49.400 --> 01:56:58.400]  And I thought I might suggest a U.S. national passport instead.
[01:56:58.400 --> 01:57:00.400]  How does one equate to the other?
[01:57:00.400 --> 01:57:02.400]  Well, neither are the same.
[01:57:02.400 --> 01:57:09.400]  The passport would be an ID and not ever having a driver's license at all,
[01:57:09.400 --> 01:57:15.400]  I think, is a little more protection, I suppose is the word.
[01:57:15.400 --> 01:57:18.400]  Well, I agree, but he could do the same thing with a state-issued ID
[01:57:18.400 --> 01:57:22.400]  rather than a license because they're not the same thing either.
[01:57:22.400 --> 01:57:24.400]  Or rather than a passport?
[01:57:24.400 --> 01:57:30.400]  Well, a passport will allow him to go further than the state ID will.
[01:57:30.400 --> 01:57:35.400]  That's why I say, and then study and learn.
[01:57:35.400 --> 01:57:41.400]  Yeah, but if he's going to take that chance, then he better learn fast.
[01:57:41.400 --> 01:57:45.400]  Well, I'm just saying that I was just trying to suggest
[01:57:45.400 --> 01:57:47.400]  that he didn't go for the driver's license
[01:57:47.400 --> 01:57:49.400]  and stick with the passport or state ID.
[01:57:49.400 --> 01:57:53.400]  Yeah, but that's fine unless he's going to get behind the wheel of a car
[01:57:53.400 --> 01:57:56.400]  and potentially get pulled over where he has to know how to fight.
[01:57:56.400 --> 01:58:01.400]  If he doesn't know how to fight, he's taking a risk.
[01:58:01.400 --> 01:58:03.400]  You follow?
[01:58:03.400 --> 01:58:05.400]  I understand your reasoning.
[01:58:05.400 --> 01:58:09.400]  I'm just trying to get you to understand that if he isn't studied up and prepared
[01:58:09.400 --> 01:58:14.400]  when he makes that choice, then he's making a bad one.
[01:58:14.400 --> 01:58:17.400]  Right, well, he's making a bad choice because he's not studying up
[01:58:17.400 --> 01:58:19.400]  and prepared whether he has a license or not.
[01:58:19.400 --> 01:58:21.400]  Okay.
[01:58:21.400 --> 01:58:23.400]  All right, you're welcome.
[01:58:23.400 --> 01:58:26.400]  All right, guys, I'm sorry, I am out of time on this Monday night,
[01:58:26.400 --> 01:58:29.400]  but I appreciate everybody that called in and everybody that's still waiting.
[01:58:29.400 --> 01:58:33.400]  Y'all, please, if you've got something major, give me a shout-out on the email,
[01:58:33.400 --> 01:58:35.400]  eddy at ruleoflawradio.com.
[01:58:35.400 --> 01:58:39.400]  In the meantime, thank you all for listening and for calling in.
[01:58:39.400 --> 01:58:40.400]  Y'all have a blessed week.
[01:58:40.400 --> 01:58:41.400]  Good night.
[01:58:41.400 --> 01:58:50.400]  God bless.
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