ROL_2010-04-26_16k.timecode

[00:00.000 --> 00:04.400]  This news brief brought to you by the International News Net.
[00:04.400 --> 00:10.800]  Goldman Sachs top executives in an email subpoenaed by a Senate investigations panel wrote that
[00:10.800 --> 00:14.640]  the company made money by playing against the U.S. housing market.
[00:14.640 --> 00:20.960]  The bank's chief executive, Lloyd Blankfein, wrote in November 2007 that the firm, quote,
[00:20.960 --> 00:26.720]  didn't dodge the mortgage mess but made more than we lost by betting against the housing
[00:26.720 --> 00:27.720]  market.
[00:27.720 --> 00:36.360]  A demonstration by Afghan tribesmen turned violent Sunday as they set fire to fuel tankers
[00:36.360 --> 00:40.400]  during a protest over the killing of civilians in a military raid.
[00:40.400 --> 00:45.800]  Colonel Ghulam Mustafa, provincial police chief for Logar, a providence in the south
[00:45.800 --> 00:51.560]  of Kavol, said U.S. and Afghan troops had raided a compound overnight and during the
[00:51.560 --> 00:55.120]  raid three men believed to be insurgents were killed.
[00:55.120 --> 01:00.600]  A spokesman for NATO's International Security Assistance Force said the alliance was, quote,
[01:00.600 --> 01:03.680]  aware of an incident and was looking into it.
[01:03.680 --> 01:07.920]  This news brief brought to you by the International News Net.
[01:07.920 --> 01:14.280]  Hours before signing the controversial Arizona immigration law, President Barack Obama warned
[01:14.280 --> 01:20.120]  that without federal immigration reform the door would be open to, quote, misguided efforts
[01:20.120 --> 01:25.160]  such as a new Arizona law that has raised questions of civil rights.
[01:25.160 --> 01:29.840]  In a White House ceremony which included members of the U.S. military originally from other
[01:29.840 --> 01:36.180]  countries who became American citizens, Obama went on to say, quote, today we celebrate
[01:36.180 --> 01:42.040]  the very essence of the country that we all love, an America where so many of our forbearers
[01:42.040 --> 01:44.000]  came from someplace else.
[01:44.000 --> 01:50.040]  And so on a day like this we are also reminded of how we must remain both a nation of immigrants
[01:50.040 --> 01:52.320]  and a nation of laws.
[01:52.320 --> 01:57.580]  After Obama singled out the Arizona measure as threatening, Arizona's Republican Governor
[01:57.580 --> 02:02.980]  Jan Brewer signed into effect the toughest immigration law in the United States which
[02:02.980 --> 02:08.120]  requires state and local police to arrest people who are unable to provide documents
[02:08.120 --> 02:12.360]  proving they are in the country legally.
[02:12.360 --> 02:18.480]  The support for a bailout for Greece has been deterred by their largest contributor, Germany.
[02:18.480 --> 02:23.240]  Top German politicians said last night that Greece should be forced to quit the euro.
[02:23.240 --> 02:31.120]  Leading CSU MP Hans Peter Friedrich said, quote, Greece has not only a liquidity problem
[02:31.120 --> 02:34.560]  but also a fundamental growth and structural problem.
[02:34.560 --> 02:39.080]  Friedrich added that this should prompt Greek politicians to, quote, seriously consider
[02:39.080 --> 02:41.120]  leaving the euro zone.
[02:41.120 --> 02:46.600]  Chancellor Merkel also said she would be reluctant to help unless the stability of the euro was
[02:46.600 --> 02:50.560]  threatened and the Greek government implemented tough reform.
[02:50.560 --> 02:55.240]  The result of this proposal will leave the debt ridden country to its own devices as
[02:55.240 --> 02:58.480]  it battles constant riots, protests and strikes.
[02:58.480 --> 03:05.000]  This news brief brought to you by the International News Net.
[03:05.000 --> 03:12.000]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:12.000 --> 03:19.000]  talk radio at its best.
[03:42.000 --> 03:49.200]  This is a production of the U.S. Department of State.
[04:12.000 --> 04:19.000]  All right, what you going to do, bad boys and bad girls, when we come for you?
[04:22.320 --> 04:29.320]  This is the rule of law with Randy Kelton and Eddie Craig and Deborah Stevens.
[04:33.280 --> 04:40.280]  Tonight's Monday night, which means it's Eddie's night to go over traffic stuff.
[04:40.280 --> 04:47.280]  Tonight, we're going to go over due process and the steps to take concerning traffic tickets.
[04:49.160 --> 04:53.800]  I've got some points to chime in to concerning a friend of mine who's going through this
[04:53.800 --> 04:56.680]  right now, so go ahead, guys.
[04:56.680 --> 05:03.680]  All right, well, as you know, we've been working on a list of things that are the way things
[05:03.680 --> 05:10.680]  are supposed to work when it comes to a traffic case situation and the way that they do things
[05:11.920 --> 05:15.440]  versus how they're supposed to do things according to law.
[05:15.440 --> 05:19.240]  Now we know that one of the initial steps is, of course, is that the police officer
[05:19.240 --> 05:22.680]  pulls you over and writes you the ticket.
[05:22.680 --> 05:28.160]  At that point, it can split into a couple of different things, one of which is that
[05:28.160 --> 05:31.240]  he just issues a citation and you go on your way.
[05:31.240 --> 05:38.240]  The other being that, of course, you get arrested, so if everything goes as planned, what should
[05:38.880 --> 05:43.680]  happen is you just get the ticket and you go on and you make your appearance in court
[05:43.680 --> 05:45.360]  and go from there.
[05:45.360 --> 05:48.840]  The problem, however, is the arrest portion.
[05:48.840 --> 05:53.920]  As we all know, they don't follow the rules, they don't do what they're required to do,
[05:53.920 --> 05:59.040]  and so what we've got to do is know what the steps are supposed to be doing are so that
[05:59.040 --> 06:02.280]  we know how to combat it when they don't.
[06:02.280 --> 06:06.440]  Now Randy, we've got a certain basic set of steps that we have to go through when this
[06:06.440 --> 06:12.280]  occurs, first one being that after they've arrested you, they are required by law to
[06:12.280 --> 06:14.760]  take you before magistrate.
[06:14.760 --> 06:20.760]  Now when they don't do this, of course, the first thing we need to do is to make our complaint
[06:20.760 --> 06:25.440]  on that because if they don't take you before the magistrate, you don't get your examining
[06:25.440 --> 06:26.480]  trial.
[06:26.480 --> 06:30.480]  If you don't get your examining trial, there is never a probable cause hearing.
[06:30.480 --> 06:36.720]  If there is no probable cause hearing, then basically the steps already messed up, you're
[06:36.720 --> 06:40.080]  going in with a presumption of guilt already hanging over your head and that's how they're
[06:40.080 --> 06:42.960]  going to leave it.
[06:42.960 --> 06:49.960]  So on the notes that you made previously, Randy, what do you have there?
[06:49.960 --> 06:56.960]  First thing, first thing, judge, I want to see your oath of office, I want to see your
[06:58.480 --> 07:05.240]  bar card, and I want to see your license to practice law.
[07:05.240 --> 07:10.160]  Same with the prosecuting attorney, we're not going to get that, of course, they're
[07:10.160 --> 07:20.880]  going to say either that the bar card is the license, and then I will question about 38.123
[07:20.880 --> 07:29.880]  penal code that requires that the, in order for someone to practice law and not be in
[07:29.880 --> 07:38.880]  violation of 38.123, they must have a license to practice law and be in good standing with
[07:38.880 --> 07:40.080]  the bar.
[07:40.080 --> 07:43.760]  So the bar card indicates they are in good standing with the bar and the government code
[07:43.760 --> 07:49.160]  authorizes the Supreme Court to issue licenses.
[07:49.160 --> 07:52.600]  So Bubba, where is your license?
[07:52.600 --> 07:58.120]  He's going to say, well, they don't issue one, and I'm going to say, you're a problem,
[07:58.120 --> 08:00.320]  not my problem.
[08:00.320 --> 08:06.960]  My problem, the book says you've got to have one or you're a criminal.
[08:06.960 --> 08:11.520]  And they're going to just try to go ahead anyway, and then I move to disqualify the
[08:11.520 --> 08:12.520]  judge.
[08:12.520 --> 08:19.520]  And we hope that the judge denies disqualification because that's one of the things he can't
[08:19.520 --> 08:20.520]  do.
[08:20.520 --> 08:27.520]  And then last time I was in court with someone, brought that issue, they said that the code
[08:27.520 --> 08:30.360]  of criminal procedure didn't apply in their court.
[08:30.360 --> 08:43.240]  Well, is that a fact, Jack, and the Code of Criminal Procedure 18A is the one that addresses
[08:43.240 --> 08:50.320]  the issue of disqualification as opposed to recusal.
[08:50.320 --> 08:57.560]  If you ask a judge to recuse himself, he can decide whether or not to do so.
[08:57.560 --> 09:06.400]  However, if you move to disqualify, that's not something the judge has discretion over.
[09:06.400 --> 09:12.760]  The judge can either voluntarily recuse himself, and for those who don't know the difference,
[09:12.760 --> 09:18.320]  the effect is the same, is the judge stands down from the case.
[09:18.320 --> 09:22.440]  If he recuses himself, he voluntarily stands down from the case.
[09:22.440 --> 09:30.600]  But if you move to disqualify, that's not something over which he can make a decision.
[09:30.600 --> 09:36.680]  He can say, oh, gee whiz, I'm not biased.
[09:36.680 --> 09:42.360]  And rational people of ordinary prudence are going to buy that story, right?
[09:42.360 --> 09:48.440]  So he's not allowed to make that determination, someone else must do it.
[09:48.440 --> 09:56.040]  So what he has to do is, according to the Rules of Civil Procedure, Rule 18A, he must
[09:56.040 --> 10:01.040]  forward the motion to the head administrative judge of the district, and the head administrative
[10:01.040 --> 10:09.640]  judge of the district must then assign a judge for the purpose of hearing that motion, and
[10:09.640 --> 10:12.240]  then determine whether or not he should be disqualified.
[10:12.240 --> 10:16.760]  And we're accusing him of being a no good rotten criminal.
[10:16.760 --> 10:23.560]  So if they don't do that, now what we do is we add up the allegations.
[10:23.560 --> 10:34.760]  Generally, you go into a J.P. court, and it's just minor, you know, people have minor accusations
[10:34.760 --> 10:38.760]  or minor complaints, and they just blow over.
[10:38.760 --> 10:45.680]  If we get things down right, pretty soon the court will realize that we're walking right
[10:45.680 --> 10:48.800]  down the issues.
[10:48.800 --> 10:56.000]  And this is not going to get better, that eventually this is likely to look really ugly.
[10:56.000 --> 10:57.000]  And we're moving in that direction.
[10:57.000 --> 11:03.280]  I have three tickets here in Austin, and I am planning to have a great time with them
[11:03.280 --> 11:05.160]  when I get them to court.
[11:05.160 --> 11:10.240]  That's why I want to get these issues down, so that I don't miss any.
[11:10.240 --> 11:14.480]  First thing we do is challenge the authority of the court.
[11:14.480 --> 11:21.240]  If they get by that one, then once they've blown all those issues off, then I want to
[11:21.240 --> 11:31.760]  know where they gain authority to enforce the transportation code in the municipality.
[11:31.760 --> 11:35.160]  Tell me about that, Eddie.
[11:35.160 --> 11:40.160]  Well, that stems from the administrative code.
[11:40.160 --> 11:44.560]  The administrative code makes it very, very clear what the hierarchy of the enforcement
[11:44.560 --> 11:47.360]  of the transportation code is.
[11:47.360 --> 11:52.040]  If you look at the various chapters of the transportation code, it clearly asserts what
[11:52.040 --> 11:57.880]  department is in charge of the rulemaking capacity for that chapter.
[11:57.880 --> 12:05.360]  Most of the ones that deal with anything dealing with planning, design, or maintenance, the
[12:05.360 --> 12:09.800]  department will be defined as the Department of Transportation.
[12:09.800 --> 12:17.640]  Anything dealing with public safety or enforcement, or in the case of certain things, public safety
[12:17.640 --> 12:23.360]  relating to inspections, public safety relating to registration and licensing and all that
[12:23.360 --> 12:28.280]  stuff, those particular chapters are under the power and influence of the Department
[12:28.280 --> 12:29.880]  of Public Safety.
[12:29.880 --> 12:35.000]  The administrative code makes it very, very clear what the mission and duties of the Public
[12:35.000 --> 12:37.560]  of Safety are.
[12:37.560 --> 12:44.680]  Simply speaking, they are there for the supervision of traffic on rural highways and for the supervision
[12:44.680 --> 12:49.760]  and regulation of commercial and for hire traffic.
[12:49.760 --> 12:54.560]  This was the reason why I said I want to see what the mission statement requirements were
[12:54.560 --> 12:59.920]  that they would file in the case of the Sunset Act, defining what they are, who they are,
[12:59.920 --> 13:05.720]  what they can and cannot do, and how well they've done it, because that would be a confession
[13:05.720 --> 13:11.240]  from the horse's mouth, so to speak, that they fully know the limits of their authority
[13:11.240 --> 13:17.160]  and they are exercising what they do outside of that authority every day.
[13:17.160 --> 13:21.480]  That would speak volumes in a lawsuit against the state.
[13:21.480 --> 13:26.300]  But in any case, the limitations of their authority being commercial in nature.
[13:26.300 --> 13:31.000]  Not only does the administrative code specifically state this, but we can see it when we make
[13:31.000 --> 13:33.240]  the driver's license argument.
[13:33.240 --> 13:37.880]  We can prove conclusively from the statute there is only one kind of license in Texas
[13:37.880 --> 13:43.640]  that it is commercial and that in order to operate a motor vehicle through the use of
[13:43.640 --> 13:51.680]  a commercial license, the inference is naturally that the use itself must be for commercial
[13:51.680 --> 13:54.840]  purposes requiring that license.
[13:54.840 --> 13:57.440]  You can't separate those two.
[13:57.440 --> 14:04.680]  If you have to have the commercial license to do the thing with the thing, then the use
[14:04.680 --> 14:10.840]  must be something required of that license and its purpose.
[14:10.840 --> 14:13.640]  It falls under commercial activity.
[14:13.640 --> 14:14.640]  Always has.
[14:14.640 --> 14:17.000]  That has never, ever changed.
[14:17.000 --> 14:21.480]  What has changed is the way they write the law, the way they enforce the law, and the
[14:21.480 --> 14:25.980]  way the people have come to understand the law.
[14:25.980 --> 14:29.720]  Imagine that when they're acting outside their authority, those are the things we're going
[14:29.720 --> 14:32.160]  to have to be bringing up at trial.
[14:32.160 --> 14:35.960]  Those are the things we're going to have to be showing to the court.
[14:35.960 --> 14:40.240]  Now don't get your hopes up that you're going to do this in a traffic court.
[14:40.240 --> 14:41.320]  You're not.
[14:41.320 --> 14:45.600]  When I say bring it up at trial, I mean in the countersuit that you're going to have
[14:45.600 --> 14:51.640]  to file to go directly after the officer and the prosecutor and the judge to show that
[14:51.640 --> 14:58.600]  they are working together to intentionally misinterpret, misapply, and sanction you with
[14:58.600 --> 15:04.280]  a law that doesn't hold any authority over you whatsoever, and that they're doing it
[15:04.280 --> 15:05.280]  in the name of money.
[15:05.280 --> 15:09.000]  Does that cover it, Randy?
[15:09.000 --> 15:13.440]  Those dirty, rotten scoundrels, yes, that pretty well covers it.
[15:13.440 --> 15:17.520]  So what kind of covers it?
[15:17.520 --> 15:25.880]  What are the specific issues, the legal issues, I want to bring to the court first?
[15:25.880 --> 15:32.280]  Under what authority do you enforce the tax transportation code?
[15:32.280 --> 15:33.840]  That's true.
[15:33.840 --> 15:39.120]  When you look through it, you will see that there is only one place I can find for the
[15:39.120 --> 15:43.820]  Department of Public Safety to delegate authority to local law enforcement for the enforcement
[15:43.820 --> 15:46.480]  of traffic laws of any kind.
[15:46.480 --> 15:53.600]  That is under Title 37 of the Administrative Code in Rule 4.13 specifically.
[15:53.600 --> 15:58.800]  Now that entire chapter deals with several things, but that is the specific chapter and
[15:58.800 --> 16:04.640]  our section of the rule dealing with allocation of authority to local law enforcement.
[16:04.640 --> 16:09.160]  Now you'll notice that the title to that section is very tailing.
[16:09.160 --> 16:14.480]  Motor or commercial motor vehicles is in the title, okay?
[16:14.480 --> 16:18.240]  Accumulation of commercial motor vehicles.
[16:18.240 --> 16:22.580]  And when you read through it, everything it talks about is at a port of entry or a port
[16:22.580 --> 16:28.800]  of exit, upon a highway within a municipality at a port of entry or a port of exit.
[16:28.800 --> 16:34.800]  They can do it only in certain cities that have certain population densities and so on
[16:34.800 --> 16:35.800]  and so forth.
[16:35.800 --> 16:39.960]  But we're about to go to break, we'll pick that up on the other side, y'all just hang
[16:39.960 --> 16:40.960]  in there.
[16:40.960 --> 16:45.800]  I'm Craig, Debra Keltan, or Debra Stevens, Randy Keltan, Rule of Law Radio, and we will
[16:45.800 --> 16:48.800]  be right back.
[16:48.800 --> 17:06.560]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so
[17:06.560 --> 17:10.240]  easy, and neither is finding like-minded people to share it with.
[17:10.240 --> 17:13.240]  Oh, well, I guess you haven't heard of Brave New Books then.
[17:13.240 --> 17:14.240]  Brave New Books?
[17:14.240 --> 17:19.040]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex
[17:19.040 --> 17:21.600]  Jones, Ron Paul, and G. Edward Griffin.
[17:21.600 --> 17:25.040]  They even stock inner food, Berkey products, and Calvin Soaps.
[17:25.040 --> 17:27.920]  There's no way a place like that exists.
[17:27.920 --> 17:33.760]  Go check it out for yourself, it's downtown at 1904 Guadalupe Street, just south of UT.
[17:33.760 --> 17:37.040]  By UT, there's never anywhere to park down there.
[17:37.040 --> 17:42.360]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[17:42.360 --> 17:45.360]  facility just behind the bookstore.
[17:45.360 --> 17:48.320]  It does exist, but when are they open?
[17:48.320 --> 17:53.120]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[17:53.120 --> 18:13.280]  So get them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[18:13.280 --> 18:34.640]  We are the Christians, we don't have the answers, we are the Christians, we don't have the answers.
[18:34.640 --> 18:49.040]  All right, Eddie Craig, Andy Pelton, Deborah Stevens, Rule of Law Radio.
[18:49.040 --> 18:50.040]  Sorry about that.
[18:50.040 --> 18:53.520]  Before we were going to break, I was thinking three things at once, and they overloaded
[18:53.520 --> 18:54.520]  me.
[18:54.520 --> 19:00.240]  In any case, Rule 4.13, let me run through that, and it's a little bit here for you,
[19:00.240 --> 19:01.920]  and we'll just tell you exactly what it is.
[19:01.920 --> 19:10.400]  This is Texas Administrative Code, Title 37, Part 1, Chapter 4, Sub-Chapter B, Regulations
[19:10.400 --> 19:18.040]  Governing Transportation Safety, Rule 4.13, Authority to Enforce Training and Certificate
[19:18.040 --> 19:23.040]  Requirements, Subsection A, Authority to Enforce.
[19:23.040 --> 19:29.420]  An officer of the department may stop, enter, or detain on a highway or at a port of entry
[19:29.420 --> 19:35.360]  a motor vehicle that is subject to Texas Transportation Code, Chapter 644.
[19:35.360 --> 19:40.760]  Well, when you go and look at Chapter 644 of the Transportation Code, what do you find?
[19:40.760 --> 19:47.320]  You find that that is the Commercial Motor Vehicle Transportation Safety Act, okay?
[19:47.320 --> 19:49.580]  Has it in there plain as day.
[19:49.580 --> 19:54.960]  This is saying that they can stop a vehicle that's subject to that chapter.
[19:54.960 --> 19:59.320]  Number 2, a non-commissioned employee of the department that is trained and certified to
[19:59.320 --> 20:05.160]  enforce the Federal Safety Regulations may stop, enter, or detain at a commercial motor
[20:05.160 --> 20:11.960]  vehicle inspection site or at a port of entry a motor vehicle that is subject to Texas Transportation
[20:11.960 --> 20:15.620]  Code, Chapter 644, all right?
[20:15.620 --> 20:21.920]  So the officers and the employees of the Department of Public Safety are limited to motor vehicles
[20:21.920 --> 20:28.400]  better subject to Transportation Code, Chapter 644, the DPS officers can stop them on a highway
[20:28.400 --> 20:33.280]  or at a port of entry, and the non-commissioned employees who are not actually officers can
[20:33.280 --> 20:39.720]  only stop them at vehicle inspection sites or commercial motor vehicle inspection sites.
[20:39.720 --> 20:44.460]  Let's clarify that, or at a port of entry, okay?
[20:44.460 --> 20:49.200]  Number 3, an officer of the department or a non-commissioned employee of the department
[20:49.200 --> 20:54.320]  that is trained and certified to enforce the Federal Safety Regulations may prohibit the
[20:54.320 --> 20:59.960]  further operation of a vehicle on a highway or at a port of entry if the vehicle or operator
[20:59.960 --> 21:05.600]  of the vehicle is in violation of Texas Transportation Code, Chapter 522, which deals with commercial
[21:05.600 --> 21:12.480]  driver's licenses, or a Federal Safety Regulation or rule adopted under Texas Transportation
[21:12.480 --> 21:19.920]  Code, Chapter 644, by declaring the vehicle or operator out of service using the North
[21:19.920 --> 21:24.200]  American Standard Out of Service Criteria as a guideline.
[21:24.200 --> 21:30.600]  Now number 4, this is where it gets interesting, municipal police officers from any of the
[21:30.600 --> 21:38.200]  following Texas cities, now notice it does not say all Texas cities, it says the following
[21:38.200 --> 21:45.640]  Texas cities, meeting the training and certifications requirement contained in subsection B of this
[21:45.640 --> 21:53.040]  section and certified by the department may stop, enter, or detain on a highway or at
[21:53.040 --> 21:59.600]  a port of entry within the municipality, a motor vehicle subject to Texas Transportation
[21:59.600 --> 22:09.000]  Code, Chapter 644, sub-bottom A, a municipality with a population of 50,000 or more, my town
[22:09.000 --> 22:17.200]  doesn't have 50,000 or more, B, a municipality with a population of 25,000 or more, any part
[22:17.200 --> 22:27.000]  of which is located in a county with population of 500,000 or more, again not my town, C,
[22:27.000 --> 22:33.200]  a municipality any part of which is located in a county bordering the United Mexican states,
[22:33.200 --> 22:41.080]  again not my town, D, a municipality with a population of less than 25,000, any part
[22:41.080 --> 22:47.520]  of which is located in a county with a population of 2.4 million and that contains or is adjacent
[22:47.520 --> 22:55.720]  to an international port, also not my town, E, a municipality with a population of less
[22:55.720 --> 23:03.560]  than 5,000 that is located adjacent to a bay connected to the Gulf of Mexico and in a county
[23:03.560 --> 23:12.920]  adjacent to a county with a population greater than 3.3 million, again not my town, F, a
[23:12.920 --> 23:18.360]  municipality with a population of 60,000 or more, any part of which is located in a county
[23:18.360 --> 23:25.000]  with a population of 750,000 or more and in two or more counties with a combined population
[23:25.000 --> 23:33.960]  of 1 million or more, again not my town, and G, a municipality with a population of at
[23:33.960 --> 23:40.280]  least 34,000 that is located in a county that borders two or more states, one more time
[23:40.280 --> 23:43.600]  not my town.
[23:43.600 --> 23:50.620]  So let's go to sub-item five, a sheriff or a deputy sheriff from any of the following
[23:50.620 --> 23:58.400]  Texas counties, again notice it says any of the following, not every Texas county, meeting
[23:58.400 --> 24:03.520]  the training and certifications requirements contained in sub-section B of this section
[24:03.520 --> 24:10.440]  and certified by the department, may stop, enter or detain on a highway or at a port
[24:10.440 --> 24:16.720]  of entry within the county a motor vehicle subject to Texas transportation code chapter
[24:16.720 --> 24:26.960]  644, sub-section A, a county bordering the United Mexican states, my county doesn't,
[24:26.960 --> 24:36.240]  B, a county with a population of 2.2 million or more, again not my county, my town has
[24:36.240 --> 24:44.720]  less than 32,000 people in it, my county has less than 54,000 people in it total, they
[24:44.720 --> 24:50.440]  don't border the Mexican states, they're not on a bay, they're not in a county adjacent
[24:50.440 --> 24:56.280]  to a county that's on a bay or the Mexican states with 2.2 million or more people in
[24:56.280 --> 25:02.200]  it nor are we a county that borders two or more states.
[25:02.200 --> 25:09.480]  So from what I'm reading here, there is no authority whatsoever that can be delegated
[25:09.480 --> 25:19.120]  by law to either the sheriff or to the municipal police officers to enforce traffic law, absolutely
[25:19.120 --> 25:21.200]  none.
[25:21.200 --> 25:26.520]  If you read further down through six and seven, it shows you that even constables and deputy
[25:26.520 --> 25:32.960]  constables run right into the same criteria except they have even more restrictions.
[25:32.960 --> 25:39.680]  A constable or deputy constable in number six, designated under Texas transportation code
[25:39.680 --> 25:46.280]  section 621.4015, that means that this particular constable or deputy constable has been given
[25:46.280 --> 25:52.800]  a specific duty allocation, okay, in other words not every deputy or constable can do
[25:52.800 --> 25:58.740]  it, they can only do it if they've been given this specific allocation of duty, meeting
[25:58.740 --> 26:03.120]  the training and certification requirements again that are contained in subsection B of
[26:03.120 --> 26:10.040]  this section and certified by the department, may stop or enter or detain on a highway within
[26:10.040 --> 26:15.400]  the county and motor vehicle subject to Texas transportation code chapter 644.
[26:15.400 --> 26:19.360]  What is the duty under 621.4015?
[26:19.360 --> 26:22.840]  It is wait station officer.
[26:22.840 --> 26:26.000]  He can run scales at a wait station.
[26:26.000 --> 26:29.720]  That's it, okay?
[26:29.720 --> 26:31.360]  That's it.
[26:31.360 --> 26:35.880]  And number seven, a certified peace officer from an authorized municipality or county
[26:35.880 --> 26:41.480]  may prohibit the further operation of a vehicle on a highway or at a port of entry within
[26:41.480 --> 26:45.840]  the municipality or county if the vehicle or operator of the vehicle is in violation
[26:45.840 --> 26:51.960]  of Texas transportation code chapter 522 or a federal safety regulation or rule adopted
[26:51.960 --> 26:58.160]  under Texas transportation code chapter 644 by declaring the vehicle or operator out of
[26:58.160 --> 27:04.560]  service using the North American standard out of service criteria as a guideline.
[27:04.560 --> 27:06.040]  That's it, folks.
[27:06.040 --> 27:12.600]  That's the limit of the locations they can enforce traffic statute.
[27:12.600 --> 27:16.120]  When you get down into subsection B and you go through the training requirements you find
[27:16.120 --> 27:20.980]  there are several pieces of documentation these officers must have in their possession
[27:20.980 --> 27:27.240]  showing they are properly certified both by training and by the Department of Public Safety
[27:27.240 --> 27:35.040]  as eligible and lawfully able to enforce traffic statutes.
[27:35.040 --> 27:36.900]  These guys don't have them.
[27:36.900 --> 27:39.180]  These guys aren't getting these certifications.
[27:39.180 --> 27:44.040]  They aren't getting this DPS authority.
[27:44.040 --> 27:46.360]  They're just doing it.
[27:46.360 --> 27:51.380]  So we have a compound issue of multiple layers of fraud going on here.
[27:51.380 --> 27:58.080]  You have officers acting in the capacity of law for which there is no authority delegated
[27:58.080 --> 28:03.760]  to them which basically makes them nothing more than police officers operating under
[28:03.760 --> 28:08.800]  letters of mark from the city in which they're employed or the county in which they're employed.
[28:08.800 --> 28:11.120]  They are pirates on land.
[28:11.120 --> 28:14.000]  There's no other way to put it.
[28:14.000 --> 28:19.160]  I'm pretty sure there's a constitutional prohibition on letters of mark, all right?
[28:19.160 --> 28:21.360]  But that's what they're doing.
[28:21.360 --> 28:28.720]  The city itself or the county itself is bestowing authority upon these officers that does not
[28:28.720 --> 28:31.040]  comply with law.
[28:31.040 --> 28:32.760]  That's a problem.
[28:32.760 --> 28:36.960]  That's why I've been doing what I've been doing for so long.
[28:36.960 --> 28:41.520]  I do not wish to be the guy on the beach getting sand kicked in my face because these people
[28:41.520 --> 28:46.240]  can't read and comprehend what they're supposed to be doing and how.
[28:46.240 --> 28:47.240]  Okay.
[28:47.240 --> 28:48.240]  Okay.
[28:48.240 --> 28:52.280]  I'm in Austin.
[28:52.280 --> 28:57.480]  Austin has a population of greater than 50,000.
[28:57.480 --> 29:04.560]  So essentially the Austin PD can enforce commercial code.
[29:04.560 --> 29:13.560]  Now how do I take my officer when I get him on the stand and walk him through the code?
[29:13.560 --> 29:14.560]  Which code?
[29:14.560 --> 29:17.440]  You know, you went through a lot of code.
[29:17.440 --> 29:18.440]  Yeah.
[29:18.440 --> 29:22.960]  It really depends on what your argument for your defense is going to be based on.
[29:22.960 --> 29:27.920]  It depends on whether you're going strictly after jurisdiction or you're going after merits.
[29:27.920 --> 29:29.640]  Let's work on jurisdiction first.
[29:29.640 --> 29:33.320]  We never get to merits until we get past jurisdiction.
[29:33.320 --> 29:34.320]  That's right.
[29:34.320 --> 29:35.320]  That's jurisdiction first.
[29:35.320 --> 29:38.120]  But we'll cover that on the other side of the break.
[29:38.120 --> 29:42.400]  That's Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[29:42.400 --> 29:44.080]  And we'll pick this up on the other side.
[29:44.080 --> 30:01.400]  So y'all please just hang in there and bear with us.
[30:01.400 --> 30:05.560]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[30:05.560 --> 30:10.360]  We specialize in showing people how to strike back against corrupt public officials.
[30:10.360 --> 30:14.880]  With the mortgage crisis worsening, we set our sights on finding a remedy for people
[30:14.880 --> 30:16.920]  who have been cheated by their lenders.
[30:16.920 --> 30:21.120]  If you have a mortgage or have paid yours off, you have probably been cheated out of
[30:21.120 --> 30:22.120]  thousands.
[30:22.120 --> 30:23.480]  But there is a remedy.
[30:23.480 --> 30:32.740]  Go to remediesinrealestate.com or call me at 512-430-4140 and find out how to use the
[30:32.740 --> 30:38.320]  consumer protection laws to recover what the lenders have stolen through fraud and deception.
[30:38.320 --> 30:43.120]  We will prepare for you a qualified written request that will expose the fraud and put
[30:43.120 --> 30:45.000]  the lenders on the dime.
[30:45.000 --> 30:49.080]  Lender fraud is bankrupting this country and it's time to fight back.
[30:49.080 --> 30:58.760]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the
[30:58.760 --> 31:02.000]  money changers in their tracks.
[31:02.000 --> 31:05.160]  Are you the plaintiff or defendant in a lawsuit?
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[32:01.120 --> 32:14.640]  Yeah, I got a warrant and I'm gonna solve them through the government then prosecute
[32:14.640 --> 32:15.640]  them.
[32:15.640 --> 32:16.640]  Okay.
[32:16.640 --> 32:17.640]  All set.
[32:17.640 --> 32:36.840]  I need a prosecutor to come and help me prosecute them wicked leader, yeah, you see, the Mamor
[32:36.840 --> 32:43.400]  are liars, them tell me, them are liars, they tell six stories, me not believe, me say what
[32:43.400 --> 32:47.800]  them tell me, three percent of America vote for Bush.
[32:47.800 --> 32:50.800]  So how do you get the president?
[32:50.800 --> 32:53.800]  That's why we have a warrant for you.
[32:53.800 --> 32:58.800]  Everybody listen carefully, listen to the words of the officials passing, this is a
[32:58.800 --> 33:01.800]  warrant from Mr. Bush, from a warrant.
[33:01.800 --> 33:07.920]  All right, folks, we are back, we're going through our due process procedures for traffic
[33:07.920 --> 33:08.920]  stops.
[33:08.920 --> 33:13.880]  We've just finished going over some of the rules in 4.13 of Title 37 of the administrative
[33:13.880 --> 33:19.160]  code, things that these officers must have and must be doing.
[33:19.160 --> 33:21.240]  And Randy, you were making some commentary there.
[33:21.240 --> 33:29.080]  Yes, I want to go to a specific court, this one's Austin, town of over 50,000.
[33:29.080 --> 33:36.560]  Now I've addressed the jurisdiction of the judge and the prosecutor.
[33:36.560 --> 33:41.720]  Now I want to address the jurisdiction of the court to enforce the specific code they
[33:41.720 --> 33:43.720]  claim to enforce.
[33:43.720 --> 33:44.720]  Okay.
[33:44.720 --> 33:45.720]  Now.
[33:45.720 --> 33:46.720]  All right.
[33:46.720 --> 33:54.880]  Once we got past the fact that they can enforce transportation code.
[33:54.880 --> 33:56.600]  That they can or can they?
[33:56.600 --> 34:06.440]  They can because they're a municipality of excess of 50,000, as I heard you read it.
[34:06.440 --> 34:11.160]  But what's the population of the county?
[34:11.160 --> 34:12.160]  What's that?
[34:12.160 --> 34:14.680]  Wait a minute, I didn't hear that as a stipulation in.
[34:14.680 --> 34:21.120]  Well, you've got a municipality with a population of 50,000 or more and then you've got a population
[34:21.120 --> 34:26.520]  of 25,000 or more, any part of which is located in the county with a population of 500,000.
[34:26.520 --> 34:29.840]  We got 50,000, so we don't go to the county population.
[34:29.840 --> 34:30.840]  All right.
[34:30.840 --> 34:40.080]  So essentially, Austin police can enforce transportation code as a general.
[34:40.080 --> 34:41.720]  They meet the population criteria.
[34:41.720 --> 34:43.640]  Yeah, meet the population criteria.
[34:43.640 --> 34:44.640]  All right.
[34:44.640 --> 34:48.280]  So the first thing we want to look at then is number four above that, where it talks
[34:48.280 --> 34:54.320]  about what the qualifications of the officer is, not just his location, but his qualifications.
[34:54.320 --> 34:59.760]  And that is where we need him to be able to certify and prove that he has been certified
[34:59.760 --> 35:04.520]  according to subsection B of this chapter, of this particular section.
[35:04.520 --> 35:05.520]  Wait, wait, wait.
[35:05.520 --> 35:07.920]  I think we're stepping over a step.
[35:07.920 --> 35:12.520]  How do they establish that I'm operating in commerce?
[35:12.520 --> 35:20.400]  Well, again, that's going to, well, which one are we arguing here, Randy?
[35:20.400 --> 35:25.280]  Their ability to enforce it or how everything they must do before they can enforce it?
[35:25.280 --> 35:30.680]  You've met the population criteria, but there's still another one the officer has to get by.
[35:30.680 --> 35:31.680]  Okay, you're right.
[35:31.680 --> 35:32.680]  You're right.
[35:32.680 --> 35:34.040]  I'm stepping ahead.
[35:34.040 --> 35:35.040]  Okay.
[35:35.040 --> 35:41.400]  So in subsection B of this chapter, training and certification requirements, these are
[35:41.400 --> 35:44.560]  the minimum standards, okay?
[35:44.560 --> 35:52.320]  Now notice, certain peace officers from the municipalities and counties specified in subsection
[35:52.320 --> 35:59.800]  A of this section before being certified to enforce this article must meet the following
[35:59.800 --> 36:00.800]  standards.
[36:00.800 --> 36:05.520]  Now notice, once again, certain peace officers, okay?
[36:05.520 --> 36:08.560]  Not all, not automatically.
[36:08.560 --> 36:15.880]  Certain peace officers who have met the qualifications in A now must meet the qualifications here
[36:15.880 --> 36:16.880]  in B.
[36:16.880 --> 36:19.880]  All right.
[36:19.880 --> 36:25.680]  Subsection A of B, successfully complete the North American Standard Roadside Inspection
[36:25.680 --> 36:35.840]  course, subsection B, or sub-item B. Successfully complete the Texas Interstate Roadside Inspection
[36:35.840 --> 36:46.440]  course, part C, if initial certification occurs on or after January 1, 2006, or if recertification
[36:46.440 --> 36:54.840]  is required under subsection C4 of this section, and participate in on-the-job training program
[36:54.840 --> 37:00.600]  following the North American Standard Roadside Inspection course with a certified officer
[37:00.600 --> 37:05.600]  and perform a minimum of 32 Level 1 inspections.
[37:05.600 --> 37:11.080]  These inspections should be completed as soon as practicable, but no later than six months
[37:11.080 --> 37:13.680]  after course completion.
[37:13.680 --> 37:20.080]  So there are several things these officers must go through before they can enforce these
[37:20.080 --> 37:24.280]  statutes, commercial or not.
[37:24.280 --> 37:33.640]  So we get past the judge and the prosecutor, and then they're going to try to go to the
[37:33.640 --> 37:46.160]  cause, and okay, we can't yet complain about their ability to enforce because we hadn't
[37:46.160 --> 37:47.160]  got there yet.
[37:47.160 --> 37:56.040]  We'll have to go to subject manager instead, go to the qualifications of the officer, and
[37:56.040 --> 38:01.200]  I'm thinking the Franks here.
[38:01.200 --> 38:05.400]  That would be one way of getting it, but just like anyone else, when you're requesting their
[38:05.400 --> 38:08.560]  bona fides, you're going to have to do the same thing with the officer.
[38:08.560 --> 38:15.400]  Now be aware, folks, Freedom of Information Act slash Open Government Request slash Open
[38:15.400 --> 38:24.220]  Records Act, all of the training records for these officers are exempt under any of those.
[38:24.220 --> 38:28.800]  The only way you're going to get your hands on this officer's training certifications
[38:28.800 --> 38:35.560]  is through discovery, and you can do that either at your Franks or you can do that at
[38:35.560 --> 38:36.560]  your trial.
[38:36.560 --> 38:43.440]  For those who don't know, a Franks hearing, I'm sorry, I said Franks, I should have said
[38:43.440 --> 38:44.440]  Dauberts.
[38:44.440 --> 38:45.440]  Okay.
[38:45.440 --> 38:51.640]  A Franks hearing is a hearing to test the veracity of an officer who testifies to get
[38:51.640 --> 38:52.640]  a warrant.
[38:52.640 --> 39:02.920]  A Dauberts hearing is a hearing to test the credentials of an expert witness.
[39:02.920 --> 39:11.240]  This would go to the officer because he's not testifying in the capacity of an ordinary
[39:11.240 --> 39:16.800]  citizen but in his special capacity as a trained and certified police officer.
[39:16.800 --> 39:20.120]  But he can only do so in that Dauberts hearing.
[39:20.120 --> 39:27.320]  He cannot testify on the stand in his official capacity, just as he cannot create the warrant
[39:27.320 --> 39:30.960]  or the complaint in his official capacity.
[39:30.960 --> 39:35.320]  Okay, there's a problem with that if they do that.
[39:35.320 --> 39:41.240]  If the officer testifies or swears out the complaint in his official capacity, then you
[39:41.240 --> 39:47.140]  now have a problem with there are too many people on the same side of the fence initiating
[39:47.140 --> 39:48.140]  the prosecution.
[39:48.140 --> 39:53.560]  Okay, I understand that but this is somewhat of a different issue.
[39:53.560 --> 40:03.960]  When he testifies to the facts and details, then he's doing so based on his special knowledge
[40:03.960 --> 40:06.440]  as a certified police officer.
[40:06.440 --> 40:12.920]  Granted, when he swears out the complaint, he does so in his capacity as a citizen because
[40:12.920 --> 40:17.040]  no one else is given authority to do that.
[40:17.040 --> 40:24.600]  And he is a citizen but when he starts testifying to the facts of the case, now he has special
[40:24.600 --> 40:25.600]  knowledge.
[40:25.600 --> 40:30.640]  He claims special knowledge by the fact that he's uniform and by the qualification the
[40:30.640 --> 40:33.400]  prosecutor will give him when he comes to the stand.
[40:33.400 --> 40:38.760]  So I'm thinking about the strategy how to go at him.
[40:38.760 --> 40:45.360]  When the prosecutor starts questioning the officer and the first thing he'll do is go
[40:45.360 --> 40:52.280]  through all of the officer's credentials, then I'm going to object, you know, before
[40:52.280 --> 40:57.880]  he goes to any merits, I'll object in demand of Albert Sherrick.
[40:57.880 --> 41:03.840]  Well, in truth, the only credentials the prosecutor is going to try to get on the record before
[41:03.840 --> 41:08.720]  the court and you'll see this, the officer is not allowed to testify in his official
[41:08.720 --> 41:14.180]  capacity yet that is the only criteria the prosecutor is going to set up to show his
[41:14.180 --> 41:17.200]  trustworthiness as a witness.
[41:17.200 --> 41:22.200]  They're going to do their best, officer or so and so, what is your name and what is your
[41:22.200 --> 41:26.800]  job and how long have you had this job and you've been a certified police officer for
[41:26.800 --> 41:27.800]  how long.
[41:27.800 --> 41:32.160]  And as a police officer, what did you observe on the day in question and so on and so forth?
[41:32.160 --> 41:37.000]  You will see the prosecutor is doing everything within his power to bring the official bearing
[41:37.000 --> 41:43.360]  of this police officer into the case even though this officer is not allowed to testify
[41:43.360 --> 41:44.360]  in that capacity.
[41:44.360 --> 41:49.740]  Well, okay, that's questionable.
[41:49.740 --> 41:58.200]  He can testify based on his enhanced knowledge and that doesn't mean that he testifies in
[41:58.200 --> 41:59.720]  any special capacity.
[41:59.720 --> 42:07.720]  He's still testifying in his personal capacity but with a clearly indicated enhanced knowledge
[42:07.720 --> 42:13.600]  and the prosecutor goes to a lot of trouble to enhance the officer's testimony beyond
[42:13.600 --> 42:15.440]  that of an ordinary citizen.
[42:15.440 --> 42:20.760]  So when he does that, we call for a Dalbert's hearing.
[42:20.760 --> 42:29.120]  I'll call for a Dalbert's hearing and before we allow the officer to get to the merits,
[42:29.120 --> 42:38.520]  now I cross the officer not on the merits of the case but on his credentials.
[42:38.520 --> 42:50.680]  So nothing does to let me do that but we'll put that in as point of appeal and then when
[42:50.680 --> 42:57.840]  I do get him, then I can test him on his credentials.
[42:57.840 --> 43:04.240]  And when he testifies either that he hasn't met these credentials or he's not at all
[43:04.240 --> 43:11.320]  familiar with them or anything other than absolute that he met these requirements, then
[43:11.320 --> 43:18.720]  you move to strike all of his testimony and move to dismiss.
[43:18.720 --> 43:19.720]  Okay.
[43:19.720 --> 43:20.720]  Okay.
[43:20.720 --> 43:21.720]  Next step.
[43:21.720 --> 43:31.240]  We first reestablish that he doesn't have, the city may have an authority to enforce
[43:31.240 --> 43:34.160]  transportation code but the officer's not qualified.
[43:34.160 --> 43:42.960]  And when we come back from break, then we'll go to, here's where we begin to start into
[43:42.960 --> 43:48.880]  the merits of whether he had probable cause to believe I was acting in Congress.
[43:48.880 --> 43:49.880]  Okay.
[43:49.880 --> 43:55.520]  This is the end of the talk, everybody.
[43:55.520 --> 44:01.400]  We'll be back on the other side.
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[47:12.200 --> 47:17.200]  Action out on the outpost, the first kiss was so sweet.
[47:17.200 --> 47:29.400]  Okay, Randy Kelton, Eddie Craig, Debra Stevens, we're back and we were about to go to the
[47:29.400 --> 47:32.640]  merits and I really hate to have to do that.
[47:32.640 --> 47:36.840]  Oh, there is a point, no, okay, we hadn't missed it yet.
[47:36.840 --> 47:44.000]  I was going to say 543-005-06, but we hadn't got there yet.
[47:44.000 --> 47:52.160]  First we have to determine that the officer has, it's qualified to enforce the traffic
[47:52.160 --> 47:58.360]  code and I feel very certain I'm going to have a lot of fight with the judge getting
[47:58.360 --> 47:59.360]  there.
[47:59.360 --> 48:05.640]  Now I have to figure out how to handle that because the judge, if the officer doesn't
[48:05.640 --> 48:15.040]  have the credentials to enforce the traffic code, then the officer by his complaint or
[48:15.040 --> 48:21.840]  citation is unable to invoke the subject matter jurisdiction of the court.
[48:21.840 --> 48:28.920]  So we should be able to go after the judge for lack of subject matter jurisdiction.
[48:28.920 --> 48:35.760]  But okay, so the judge is going to be fighting us all the way, I'm sure.
[48:35.760 --> 48:42.640]  Once we get past, once he overrules the fact that the officer is not allowed to enforce
[48:42.640 --> 48:51.680]  the traffic code, now we go to what evidence does he have to believe that I was acting
[48:51.680 --> 48:53.680]  in commerce.
[48:53.680 --> 49:02.040]  Eddie, yes, if he's proven that he is actually able to enforce the code, then what is his
[49:02.040 --> 49:08.120]  criteria for probable cause that you were engaging in commerce.
[49:08.120 --> 49:15.040]  Now we know what his presumption is going to be, the license plate, inspection, registration,
[49:15.040 --> 49:20.840]  did you or did you not offer a license to him when he asked you to.
[49:20.840 --> 49:25.520]  That's the difficult thing and part of what everybody is arguing about with the proposed
[49:25.520 --> 49:28.640]  contract arguments and all this kind of stuff.
[49:28.640 --> 49:33.040]  They're sort of correct and they're not correct.
[49:33.040 --> 49:37.480]  Let's think about it like this, the officer when he walks up and says license, registration
[49:37.480 --> 49:43.520]  and proof of insurance, you of course reach in, pull out and hand him all these things.
[49:43.520 --> 49:49.160]  Well instead of questioning why he needed them, you preferred to give him evidence showing
[49:49.160 --> 49:53.360]  that you were prepared to be engaged in the act that he's about to accuse you of, which
[49:53.360 --> 49:58.600]  is engaging in a commercial activity requiring production of those things.
[49:58.600 --> 50:02.040]  That's just straight up common sense the way it's going to work.
[50:02.040 --> 50:07.000]  He asked for them, you gave them, therefore his presumption now is you knew full well
[50:07.000 --> 50:12.000]  you were engaging in an activity requiring you to produce those things on demand, you
[50:12.000 --> 50:14.440]  basically just accused yourself.
[50:14.440 --> 50:20.160]  Presumption, unstated, presumes a fact not an evidence.
[50:20.160 --> 50:26.440]  Agreed, absolutely agreed and that becomes to the other issue that these courts are notorious
[50:26.440 --> 50:35.160]  and nefarious for and that is working on statutory presumption in absence of evidence and fact.
[50:35.160 --> 50:40.880]  The fact of the matter is in no criminal case may the court allow statutory presumption
[50:40.880 --> 50:48.720]  or any other type of presumption to exist or persist over evidence, but they do it in
[50:48.720 --> 50:52.000]  traffic court as a matter of course.
[50:52.000 --> 50:56.400]  They operate on the presumption everyone is guilty, they operate on the presumption everyone
[50:56.400 --> 51:01.040]  is required to have it, they operate on the presumption that the statutes apply to everyone
[51:01.040 --> 51:04.400]  just like they do in commerce or otherwise.
[51:04.400 --> 51:10.920]  These are all presumptions, they are all false, but it's how they do things.
[51:10.920 --> 51:17.320]  So as a knowledgeable judge I would sustain your objection Mr. Kelton, however as the
[51:17.320 --> 51:22.360]  common court of pleas the way it works in Texas these days, objection overruled have
[51:22.360 --> 51:25.360]  a seat.
[51:25.360 --> 51:35.520]  In court when that happens your response is let the record reflect defendants exception
[51:35.520 --> 51:44.320]  to the ruling, don't get in a fight with the judge, all you can do is preserve for appeal
[51:44.320 --> 51:50.440]  and we are going to get to the problems with that here in a bit.
[51:50.440 --> 51:57.600]  The next issue, well okay we haven't really exhausted commerce, doesn't matter if you
[51:57.600 --> 52:00.840]  have a driver's license, doesn't matter if you produce a driver's license, if you have
[52:00.840 --> 52:07.400]  a commercial driver's license you are required to produce the commercial driver's license
[52:07.400 --> 52:15.800]  on demand, however that does not mean you are operating in commerce and I like Gary
[52:15.800 --> 52:21.720]  Lochte's response to the officer who asked if he had a driver's license and he said
[52:21.720 --> 52:30.360]  yes I do, but I am not using it right now, but just because you have it does not mean
[52:30.360 --> 52:36.560]  the court has subject matter jurisdiction over you unless you were using it.
[52:36.560 --> 52:44.960]  I had a pilot's license and if somebody caught me walking down a flight line and asked me
[52:44.960 --> 52:51.080]  for my pilot's license and I gave it to them they couldn't necessarily cite me for flying
[52:51.080 --> 52:58.560]  an aircraft without a license, that's what a flying one.
[52:58.560 --> 53:05.000]  If you are not in commerce doesn't matter if you have a license or not, if you decide
[53:05.000 --> 53:11.480]  to enter into commerce you certainly can because you are licensed for it just like a tax cab
[53:11.480 --> 53:18.400]  driver, when he is driving on his way to work he is not in commerce, he is not in commerce
[53:18.400 --> 53:23.240]  until he punches in the clock and then he is still not in commerce unless he gets paid
[53:23.240 --> 53:31.720]  a portion by the hour, he is only in commerce when he is hauling freight.
[53:31.720 --> 53:38.040]  In the case of a taxi cab he is in commerce when he puts the available light on, when
[53:38.040 --> 53:42.680]  he turns on that light on the top of the cab to signify he is ready to take customers he
[53:42.680 --> 53:43.960]  is engaging in commerce.
[53:43.960 --> 53:49.800]  Wait a minute, he is not in commerce yet, is that in the code?
[53:49.800 --> 53:56.600]  No that is just the way it is set up, when he is looking for business to perform he is
[53:56.600 --> 54:00.600]  engaging in commerce and that is what he is doing when he activates that light on the
[54:00.600 --> 54:06.720]  taxi cab, he is now actively engaging in the effort to procure business.
[54:06.720 --> 54:11.680]  That is a side issue, I do not want to go too far on that one, I am sure some of them
[54:11.680 --> 54:14.800]  could raise an argument on that because they are not getting paid.
[54:14.800 --> 54:22.800]  Yes, you could, anything is arguable these days, especially the way they are doing it.
[54:22.800 --> 54:27.800]  Point of that, even if you have a license and all these people say that when you sign
[54:27.800 --> 54:33.720]  up for the license you yield to their jurisdiction, of course hockey, you do not do anything such
[54:33.720 --> 54:45.840]  thing, so anyway past that, let me give you the citation, 543 005678, you want to go through
[54:45.840 --> 54:46.840]  that Eddie?
[54:46.840 --> 54:48.320]  Do I want to?
[54:48.320 --> 54:50.760]  Well my voice is running out.
[54:50.760 --> 54:57.520]  Okay, well basically 543 is the end all be all of human freedom when it comes to the
[54:57.520 --> 55:06.520]  transportation code and here is why, 543 is the arrest without warrant authorization
[55:06.520 --> 55:12.440]  statute in the transportation code and it begins just like this, arrest without warrant
[55:12.440 --> 55:17.480]  authorized, any peace officer may arrest without warrant a person found committing a violation
[55:17.480 --> 55:19.560]  of this subtitle.
[55:19.560 --> 55:26.400]  Now that is very, very important, notice this says committing a violation of this subtitle,
[55:26.400 --> 55:30.920]  that would be subtitle C, rules of the road.
[55:30.920 --> 55:38.400]  Now be aware, the only violations that exist in subtitle C that is codified within subtitle
[55:38.400 --> 55:58.440]  C is lack of inspection, excuse me, speeding, okay, and that is all, 521, 522, 501, 502
[55:58.440 --> 56:08.080]  are not in subtitle C, okay, so they arrest you for driving without a license, there is
[56:08.080 --> 56:13.720]  a problem here, statute does not authorize them to arrest for driving without a license
[56:13.720 --> 56:21.680]  because it is not under subtitle C, same thing would apply if they arrest you for driving
[56:21.680 --> 56:30.240]  without registration, registration is not under subtitle C, or I am sorry, inspection,
[56:30.240 --> 56:37.720]  inspection is not under subtitle C, registration is in 548, but inspection is not, okay, it
[56:37.720 --> 56:48.080]  is in 502, 501, now here is the little caveat to that, registration itself is in 548, but
[56:48.080 --> 56:54.080]  the basis for allowing registration to occur which is a certificate of title is in 501,
[56:54.080 --> 57:00.640]  which once again is not under subtitle C, so they are running into some issues here
[57:00.640 --> 57:08.720]  with arresting everybody for everything in relation to traffic statutes because it creates
[57:08.720 --> 57:14.600]  a real problem, the problem being is there is no lawful authority to arrest any violation
[57:14.600 --> 57:19.280]  that is not under subtitle C, now there is a whole other set of arguments about arresting
[57:19.280 --> 57:22.760]  without a warrant for anything other than a breach of the peace which we covered for
[57:22.760 --> 57:27.760]  a little while one evening, but I just want to make that clear that in these particular
[57:27.760 --> 57:34.680]  sections they must be under subtitle C before an arrest is allowed, okay, so everybody keep
[57:34.680 --> 57:43.080]  that in mind, subtitle C rules of the road actually starts in chapter 541, 541 through
[57:43.080 --> 57:52.280]  600 are under subtitle C, none of the other chapters are, so if they try to arrest you,
[57:52.280 --> 58:01.040]  oh by the way that would be other things such as seatbelts and things of that nature, where
[58:01.040 --> 58:06.120]  are seatbelts in all this, look at where it is in the code, does it fall under subtitle
[58:06.120 --> 58:12.000]  C or does it not, alright that's the break music, this is Eddie Craig, Debra Stevens,
[58:12.000 --> 58:19.160]  Randy Kelton, Rule of Law Radio, we will go into the details of 543 when we get back after
[58:19.160 --> 58:26.160]  the break, y'all hang in there.
[59:49.160 --> 01:00:04.800]  This news brief brought to you by the International News Net.
[01:00:04.800 --> 01:00:10.520]  In Hungary's Sunday, the controversial centre-right party Fidesz known for its affiliated paramilitary
[01:00:10.520 --> 01:00:16.440]  group the Hungarian Guard secured an unprecedented two-thirds majority in Hungary's parliament
[01:00:16.440 --> 01:00:22.200]  through second round voting, Fidesz leader Viktor Orbán addressed a jubilant crowd chanting
[01:00:22.200 --> 01:00:28.240]  Viktor Viktor, the socialist has campaigned vigorously for two weeks urging voters to
[01:00:28.240 --> 01:00:35.240]  deny Fidesz a parliamentary supermajority and fear of a quote, dictatorial level of
[01:00:35.240 --> 01:00:42.960]  power, Paul Schaeffer a former Nazi who fled Germany in 1961 and founded a cult-like commune
[01:00:42.960 --> 01:00:49.840]  in Chile, died Saturday in a prison hospital, he was 88, Schaeffer was serving a 20-year
[01:00:49.840 --> 01:00:56.200]  sentence at the national penitentiary in Santiago for sexually abusing children at a notorious
[01:00:56.200 --> 01:00:58.880]  commune known as Colonia Dignidad.
[01:00:58.880 --> 01:01:04.360]  This news brief brought to you by the International News Net.
[01:01:04.360 --> 01:01:09.920]  The founder of the website Revolution Muslim that made veiled threats on South Park creators
[01:01:09.920 --> 01:01:16.640]  was raised Jewish, born Joseph Cohen, Josef Al-Khattab said he converted to Islam after
[01:01:16.640 --> 01:01:22.640]  a series of conversations with a Muslim on a Jewish chat room while in Israel in 1998.
[01:01:22.640 --> 01:01:28.600]  Their exchange on religion eventually prompted him to embrace Islam after reading the Quran.
[01:01:28.600 --> 01:01:35.000]  The exchanges Khattab says reaffirmed his belief that rabbis use deception to keep Jews subservient
[01:01:35.000 --> 01:01:38.680]  to them.
[01:01:38.680 --> 01:01:44.440]  An arbitration court in the Hague has ordered the British government to refund $650 million
[01:01:44.440 --> 01:01:48.560]  to Iran over an outstanding 1970s arms deal.
[01:01:48.560 --> 01:01:52.620]  The British government has confirmed the court's ruling and that the compensation money for
[01:01:52.620 --> 01:01:56.680]  Iran is now sitting in bank accounts waiting to be withdrawn.
[01:01:56.680 --> 01:02:03.960]  Between 1971 and 1976 the Shah of Iran had ordered 1,500 battle tanks and 250 military
[01:02:03.960 --> 01:02:04.960]  vehicles.
[01:02:04.960 --> 01:02:10.480]  However, Iran canceled the deal after the Islamic revolution.
[01:02:10.480 --> 01:02:14.280]  Monsanto has recently been named in 50 cancer lawsuits.
[01:02:14.280 --> 01:02:19.520]  Each of the complaints say Monsanto and its successor companies caused cancer by exposing
[01:02:19.520 --> 01:02:24.920]  the plaintiffs to dioxins, a chemical linked to cancer, birth defects, learning disabilities,
[01:02:24.920 --> 01:02:28.960]  endometriosis, infertility and suppressed immune functions.
[01:02:28.960 --> 01:02:33.740]  The case has mentioned the quote, negligent and otherwise unlawful release of dioxins
[01:02:33.740 --> 01:02:38.880]  from defendants' waste disposal practices on properties in Nitro, West Virginia.
[01:02:38.880 --> 01:02:42.200]  The plaintiffs claim their property and soil was contaminated.
[01:02:42.200 --> 01:02:48.120]  Quote, during the years that Monsanto was operating its trichlorophenyl plant, it adopted
[01:02:48.120 --> 01:02:54.120]  an unlawful practice of disposing of dioxin waste material by a continuous process of
[01:02:54.120 --> 01:02:55.120]  open pit burning.
[01:02:55.120 --> 01:03:03.960]  For more news and information, visit www.innworldreport.net.
[01:03:03.960 --> 01:03:13.800]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[01:03:13.800 --> 01:03:25.880]  talk radio at its best.
[01:03:25.880 --> 01:03:49.760]  It's all according to the will of the Almighty, I read his book and it says he cares not for
[01:03:49.760 --> 01:03:50.760]  the unsightly.
[01:03:50.760 --> 01:03:51.760]  These warmongers come by that term rightly.
[01:03:51.760 --> 01:03:52.760]  I won't pay for the war with my body, ain't gonna pay for the car with my money.
[01:03:52.760 --> 01:03:59.760]  I won't pay for the fun with my body, their plan's wicked and their logic shoddy.
[01:03:59.760 --> 01:04:08.760]  Ain't gonna pay for the oil with my body, I won't pay for the boys with my money.
[01:04:08.760 --> 01:04:15.760]  Ain't gonna pay for the kids with my body, their whole agenda smells funny.
[01:04:15.760 --> 01:04:29.760]  I won't fight in a war of my own, that one would be less accidental.
[01:04:29.760 --> 01:04:40.760]  I won't pay for the war of my own, they live in glass houses so I can watch them throw
[01:04:40.760 --> 01:04:45.760]  them home.
[01:04:45.760 --> 01:04:50.760]  I won't fight in a war I can win, I can never win the one that they have me in, that one
[01:04:50.760 --> 01:04:53.760]  I lose long before it begins.
[01:04:53.760 --> 01:05:03.760]  I won't pay for a war I can win, when I'm fighting in my own war.
[01:05:03.760 --> 01:05:12.760]  It's such a peaceful feeling, when I'm paying for my own war.
[01:05:12.760 --> 01:05:13.760]  Hi, folks.
[01:05:13.760 --> 01:05:14.760]  We are back.
[01:05:14.760 --> 01:05:17.760]  Eddie Craig, Debra Stevens, Randy Kelton, Rule of Law Radio.
[01:05:17.760 --> 01:05:24.760]  And we are talking about 543 of the transportation code where the officer can arrest you without
[01:05:24.760 --> 01:05:26.760]  warrant, according to the legislature.
[01:05:26.760 --> 01:05:33.760]  Now, if you go to 543.002, person arrested to be taken before a magistrate, subsection
[01:05:33.760 --> 01:05:37.760]  A, a person arrested for a violation of this subtitle punishable as a misdemeanor, shall
[01:05:37.760 --> 01:05:42.760]  be immediately taken before a magistrate if, one, the person is arrested on a charge of
[01:05:42.760 --> 01:05:47.760]  failure to stop in the event of an accident causing damage to property, or, two, the person
[01:05:47.760 --> 01:05:51.760]  demands an immediate appearance before a magistrate or refuses to make a written promise to appear
[01:05:51.760 --> 01:05:57.760]  in court as provided by this subchapter, subsection B, the person must be taken before a magistrate
[01:05:57.760 --> 01:06:01.760]  who, one, has jurisdiction of the offense, two, is in the county in which the offense
[01:06:01.760 --> 01:06:05.760]  charge is alleged to have been committed, and, three, is nearest or most accessible
[01:06:05.760 --> 01:06:07.760]  to the place of arrest.
[01:06:07.760 --> 01:06:12.760]  Now, notice, at no point in here does it say this is optional.
[01:06:12.760 --> 01:06:18.760]  Also nowhere in here does it say the officer must do so within a set amount of time.
[01:06:18.760 --> 01:06:24.760]  It says shall be immediately taken before a magistrate.
[01:06:24.760 --> 01:06:25.760]  Okay?
[01:06:25.760 --> 01:06:26.760]  So keep that in mind.
[01:06:26.760 --> 01:06:33.760]  And also remember that it says person arrested, a person arrested for a violation of this
[01:06:33.760 --> 01:06:38.760]  subtitle, which means you were arrested before he ever got out of the car.
[01:06:38.760 --> 01:06:40.760]  Okay?
[01:06:40.760 --> 01:06:47.760]  Now,.003, notice to appear required, person not taken before a magistrate, an officer
[01:06:47.760 --> 01:06:49.760]  who arrests a person.
[01:06:49.760 --> 01:06:50.760]  Okay?
[01:06:50.760 --> 01:06:51.760]  Notice that.
[01:06:51.760 --> 01:06:56.760]  For a violation of this subtitle punishable as a misdemeanor and who does not take the
[01:06:56.760 --> 01:07:02.760]  person before a magistrate shall issue a written notice to appear in court showing the time
[01:07:02.760 --> 01:07:07.760]  and place the person is to appear, the offense charged, the name and address of the person
[01:07:07.760 --> 01:07:10.760]  charged, and, if applicable, the license number of the person's vehicle.
[01:07:10.760 --> 01:07:14.760]  Now, Randy, I want to take just a second and talk about that section and why I believe
[01:07:14.760 --> 01:07:16.760]  it was done this way.
[01:07:16.760 --> 01:07:17.760]  Okay.
[01:07:17.760 --> 01:07:22.760]  We know for a fact that the officer has to establish some sort of probable cause to arrest
[01:07:22.760 --> 01:07:26.760]  a person or to impede the progress or movement of a person.
[01:07:26.760 --> 01:07:28.760]  He's got to have some reason to stop you.
[01:07:28.760 --> 01:07:29.760]  Okay?
[01:07:29.760 --> 01:07:34.760]  Unfortunately, the officer can't come up with a particular reason at any given point in
[01:07:34.760 --> 01:07:39.760]  time other than he believes you're committing a traffic infraction.
[01:07:39.760 --> 01:07:46.760]  Now, in order to detain you long enough and it not be an offense for him to detain you
[01:07:46.760 --> 01:07:51.760]  against your will without any probable cause, which he's fishing for the whole time he has
[01:07:51.760 --> 01:07:57.760]  you stopped, the legislature had to do something to more or less protect the officer from getting
[01:07:57.760 --> 01:07:58.760]  sued.
[01:07:58.760 --> 01:07:59.760]  So what do they do?
[01:07:59.760 --> 01:08:06.760]  They grant him blanket authority to put everyone he stops under arrest so that the detention
[01:08:06.760 --> 01:08:11.760]  cannot be fought against easily because the officer was authorized by the legislature
[01:08:11.760 --> 01:08:13.760]  to do so.
[01:08:13.760 --> 01:08:17.760]  But there's a problem with that, which we've discussed before and before long we will be
[01:08:17.760 --> 01:08:19.760]  discussing again.
[01:08:19.760 --> 01:08:24.760]  Now,.004, notice to appear required to certain offenses.
[01:08:24.760 --> 01:08:29.760]  An officer shall issue a written notice to appear if, one, the offense charged is speeding
[01:08:29.760 --> 01:08:36.760]  or a violation of the open container law, section 49.03 penal code, and, two, the person
[01:08:36.760 --> 01:08:41.760]  makes a written promise to appear in court as provided by section 543.005.
[01:08:41.760 --> 01:08:49.760]  B, if the person is a resident of or is operating a vehicle licensed in a state or country other
[01:08:49.760 --> 01:08:54.760]  than this state, subsection A applies only as provided by chapter 703.
[01:08:54.760 --> 01:08:57.760]  That will again be the transportation code.
[01:08:57.760 --> 01:09:03.760]  Subsection C, the offenses specified by subsection A are the only offenses for which issuance
[01:09:03.760 --> 01:09:07.760]  of a written notice to appear is mandatory.
[01:09:07.760 --> 01:09:13.760]  Section 543.005, promise to appear, release.
[01:09:13.760 --> 01:09:20.760]  To secure release, the person arrested must make a written promise to appear in court
[01:09:20.760 --> 01:09:25.760]  by signing the written notice prepared by the arresting officer.
[01:09:25.760 --> 01:09:30.760]  The signature may be obtained on a duplicate form or on an electronic device capable of
[01:09:30.760 --> 01:09:37.760]  creating a copy of the signed notice, not a blank notice, but the signed notice.
[01:09:37.760 --> 01:09:43.760]  The arresting officer shall retain the paper or electronic original of the notice and
[01:09:43.760 --> 01:09:47.760]  deliver the copy of the notice to the person arrested.
[01:09:47.760 --> 01:09:53.760]  The officer shall then promptly release the person from custody.
[01:09:53.760 --> 01:10:02.760]  So no matter how you slice it, folks, 005 says you were in a custodial arrest the moment
[01:10:02.760 --> 01:10:06.760]  the lights were turned on, period.
[01:10:06.760 --> 01:10:14.760]  This seems to be a little fact all of the courts are overlooking when you attempt to sue the officer.
[01:10:14.760 --> 01:10:19.760]  Now, 006, time and place of appearance, subsection A.
[01:10:19.760 --> 01:10:24.760]  The time specified in the notice to appear must be at least 10 days after the date of arrest
[01:10:24.760 --> 01:10:28.760]  unless the person arrested demands an earlier hearing, subsection B.
[01:10:28.760 --> 01:10:32.760]  The place specified in the notice to appear must be before a magistrate having jurisdiction
[01:10:32.760 --> 01:10:38.760]  of the offense who is in the municipality or county in which the offense is alleged to have been committed.
[01:10:38.760 --> 01:10:41.760]  Well, there's a slight problem with this section.
[01:10:41.760 --> 01:10:46.760]  They're wanting to send you before a magistrate with jurisdiction of the offense.
[01:10:46.760 --> 01:10:54.760]  However, Administrative Code Title 37, Chapter 29 specifically states that every contested case
[01:10:54.760 --> 01:11:00.760]  involving a traffic law under the authority of the Department of Public Safety is up for an
[01:11:00.760 --> 01:11:10.760]  administrative review hearing first, and there isn't but one of those in all of Texas, and it is in Austin.
[01:11:10.760 --> 01:11:15.760]  So how do they direct somebody with jurisdiction in the county where the offense occurred
[01:11:15.760 --> 01:11:18.760]  if it's not in Travis County?
[01:11:18.760 --> 01:11:23.760]  They can't direct you to a magistrate anywhere else with jurisdiction because there is no other magistrate
[01:11:23.760 --> 01:11:26.760]  capable of holding an administrative hearing.
[01:11:26.760 --> 01:11:29.760]  Okay, they have a problem.
[01:11:29.760 --> 01:11:37.760]  They cannot, without violating the Constitution, direct you to a different county to go to trial
[01:11:37.760 --> 01:11:44.760]  or to have a hearing other than where the alleged crime occurred.
[01:11:44.760 --> 01:11:50.760]  That's a constitutional requirement that the offense be tried in the state and in the county
[01:11:50.760 --> 01:11:53.760]  or the city in which it occurred.
[01:11:53.760 --> 01:11:58.760]  So how do they get you into Travis County to go to Austin for an administrative hearing
[01:11:58.760 --> 01:12:01.760]  that they never tell you that you're supposed to be having to begin with?
[01:12:01.760 --> 01:12:03.760]  You see the problems?
[01:12:03.760 --> 01:12:14.760]  Now, 543.007, notice to appear commercial vehicle or license.
[01:12:14.760 --> 01:12:20.760]  A notice to appear issued to the operator of a commercial motor vehicle or holder of a commercial
[01:12:20.760 --> 01:12:25.760]  driver's license or commercial driver learner's permit for the violation of the law
[01:12:25.760 --> 01:12:27.760]  regulating the operation of vehicles.
[01:12:27.760 --> 01:12:30.760]  Now notice, it doesn't say commercial vehicles.
[01:12:30.760 --> 01:12:32.760]  It doesn't even say motor vehicles.
[01:12:32.760 --> 01:12:40.760]  It says the operation of vehicles on highways must contain the information required by
[01:12:40.760 --> 01:12:46.760]  department rule to comply with Chapter 522 and the Federal Commercial Motor Vehicle
[01:12:46.760 --> 01:12:53.760]  Safety Act of 1986, Title 49, USC, Section 2701 at Sequitur.
[01:12:53.760 --> 01:13:00.760]  So right here we've got our federal motor carrier tie-in to this particular set of statutes.
[01:13:00.760 --> 01:13:03.760]  Okay, it's direct and it's right here.
[01:13:03.760 --> 01:13:09.760]  They have simply tried to disguise the issue by stating commercial vehicle or license.
[01:13:09.760 --> 01:13:16.760]  Well, as we've seen many, many times, all licenses in Texas for the operation of motor
[01:13:16.760 --> 01:13:20.760]  vehicles are commercial.
[01:13:20.760 --> 01:13:26.760]  That's why they want all this information on a ticket when they issue it to you.
[01:13:26.760 --> 01:13:30.760]  Now, 008, violation by officer.
[01:13:30.760 --> 01:13:37.760]  A violation by an officer of a provision of Sections 003 through 007 is misconduct in
[01:13:37.760 --> 01:13:42.760]  office and the officer is subject to removal from the officer's position.
[01:13:42.760 --> 01:13:48.760]  Now, the officer was required to direct you to a magistrate having jurisdiction of the
[01:13:48.760 --> 01:13:49.760]  offense.
[01:13:49.760 --> 01:13:53.760]  Does the officer tell you you must go and appear in Travis County?
[01:13:53.760 --> 01:13:54.760]  No.
[01:13:54.760 --> 01:13:59.760]  Does the officer tell you that you must go before the State Office of Administrative
[01:13:59.760 --> 01:14:02.760]  Hearings administrative judge to have your hearing?
[01:14:02.760 --> 01:14:04.760]  No.
[01:14:04.760 --> 01:14:10.760]  Seems to me like he's violating what this section requires him to do, but it's not really
[01:14:10.760 --> 01:14:11.760]  his fault.
[01:14:11.760 --> 01:14:16.760]  The legislature screwed this one up big time because they directed him to send you to a
[01:14:16.760 --> 01:14:22.760]  magistrate having jurisdiction that is within the county where the offense occurred, and
[01:14:22.760 --> 01:14:25.760]  that's impossible.
[01:14:25.760 --> 01:14:32.760]  So they have a quandary, a big one, and it's the legislature's fault, as usual.
[01:14:32.760 --> 01:14:36.760]  But you can't seem to get these officers to think for themselves.
[01:14:36.760 --> 01:14:40.760]  They basically have a little windup key between their shoulder blades and a little micro
[01:14:40.760 --> 01:14:46.760]  tape that runs around in their head dictating their instructions for how to do their job.
[01:14:46.760 --> 01:14:54.760]  We've got to change the programming, and we've got to be the one that controls the key, okay?
[01:14:54.760 --> 01:14:57.760]  These laws are what's going to let us do that.
[01:14:57.760 --> 01:15:00.760]  Randy, did that cover what you wanted?
[01:15:00.760 --> 01:15:02.760]  Yes, it did.
[01:15:02.760 --> 01:15:12.760]  From this point, if we haven't got a dismissal, then we'll get found guilty no matter what.
[01:15:12.760 --> 01:15:19.760]  When you get to the merits, there is no justice.
[01:15:19.760 --> 01:15:25.760]  The courts are about as corrupt as they could possibly be.
[01:15:25.760 --> 01:15:33.760]  In Texas, I don't know about all the other states, but I suspect they're similar.
[01:15:33.760 --> 01:15:42.760]  Average conviction rate for all crimes across the board, 99.6.
[01:15:42.760 --> 01:15:48.760]  Would you recognize a police state if you were in one?
[01:15:48.760 --> 01:15:53.760]  The United States contains approximately 3% of the world's population.
[01:15:53.760 --> 01:16:00.760]  We house approximately 50% of the world's population of inmates.
[01:16:00.760 --> 01:16:04.760]  Red China's got nothing on us.
[01:16:04.760 --> 01:16:08.760]  So if you get to the merits, you lose.
[01:16:08.760 --> 01:16:11.760]  That's just the way it is.
[01:16:11.760 --> 01:16:17.760]  And then when you do lose, we go to appeal.
[01:16:17.760 --> 01:16:21.760]  You're not really any better off there because on the appeals,
[01:16:21.760 --> 01:16:25.760]  the county courts are every bit as corrupt as the municipal and justice courts.
[01:16:25.760 --> 01:16:29.760]  They don't abide by the law any better.
[01:16:29.760 --> 01:16:30.760]  Keep that in mind.
[01:16:30.760 --> 01:16:38.760]  It's hard to get to them, but you can sting them a whole lot harder.
[01:16:38.760 --> 01:16:41.760]  And we'll talk a little bit about that on the other side,
[01:16:41.760 --> 01:16:44.760]  and it's probably time we went to callers.
[01:16:44.760 --> 01:16:46.760]  Yeah, and I wanted to talk about this appeal thing
[01:16:46.760 --> 01:16:48.760]  because I've been waiting for you all to get to that
[01:16:48.760 --> 01:16:53.760]  because we've come up with some strategy over the past week or so.
[01:16:53.760 --> 01:16:55.760]  So we'll talk about appeals, and then we'll go to calls.
[01:16:55.760 --> 01:16:59.760]  We'll be right back.
[01:16:59.760 --> 01:17:26.760]  It is so enlightening to listen to 90.1 FM,
[01:17:26.760 --> 01:17:29.760]  so go check it out for yourself.
[01:17:29.760 --> 01:17:32.760]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:17:32.760 --> 01:17:36.760]  By UT, there's never anywhere to park down there.
[01:17:36.760 --> 01:17:39.760]  Actually, they now offer a free hour of parking for paying customers
[01:17:39.760 --> 01:17:44.760]  at the 500 MLK parking facility just behind the bookstore.
[01:17:44.760 --> 01:17:47.760]  It does exist, but when are they open?
[01:17:47.760 --> 01:17:52.760]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:17:52.760 --> 01:18:00.760]  Call 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:18:22.760 --> 01:18:29.760]  I was blindsided, but now I can see your plans.
[01:18:29.760 --> 01:18:34.760]  You put the fear in my pocket, took the money from my hand.
[01:18:34.760 --> 01:18:39.760]  Ain't gonna fool me with that same old trick again.
[01:18:39.760 --> 01:19:00.760]  Ain't gonna fool me.
[01:19:00.760 --> 01:19:05.760]  Ain't gonna drive me with that same old sucker punch.
[01:19:05.760 --> 01:19:10.760]  I get it now, but then I must have been out too much.
[01:19:10.760 --> 01:19:15.760]  Back then you had room to move, but now you're feeling the crush.
[01:19:15.760 --> 01:19:24.760]  Ain't gonna get me with that same old sucker punch.
[01:19:24.760 --> 01:19:27.760]  Okay, we're back.
[01:19:27.760 --> 01:19:33.760]  Callers, if you'd like to start calling in, 512-646-1984.
[01:19:33.760 --> 01:19:41.760]  Okay, so we're now at the point in the process where we would need to appeal.
[01:19:41.760 --> 01:19:47.760]  And going through this process, helping a friend of ours, Randy and I,
[01:19:47.760 --> 01:19:51.760]  it's got to the point where, okay, you file for your appeal,
[01:19:51.760 --> 01:19:56.760]  and first you have to file a request for retrial.
[01:19:56.760 --> 01:20:01.760]  And it looked like we were actually going to have to have this person
[01:20:01.760 --> 01:20:06.760]  file a writ of mandamus to the county court to order the municipal court
[01:20:06.760 --> 01:20:11.760]  to docket the motion for a motion hearing requesting retrial,
[01:20:11.760 --> 01:20:16.760]  because they wouldn't set a motion hearing and they wouldn't schedule a retrial.
[01:20:16.760 --> 01:20:20.760]  So we're just at the point where we're going to have to petition for writ of mandamus
[01:20:20.760 --> 01:20:25.760]  for that to happen when our friend got a letter saying that the,
[01:20:25.760 --> 01:20:32.760]  oh, by the way, on April 6, your motion for a retrial was denied.
[01:20:32.760 --> 01:20:34.760]  Oh, gee, well, thanks a lot.
[01:20:34.760 --> 01:20:39.760]  Yeah, apparently they had this hearing and never informed a friend of the hearing date
[01:20:39.760 --> 01:20:41.760]  or anything and it just got denied.
[01:20:41.760 --> 01:20:46.760]  So at least we got that part out of the way so now I could file a notice of appeal.
[01:20:46.760 --> 01:20:49.760]  Now in Chapter 45 of the Transportation Code,
[01:20:49.760 --> 01:20:55.760]  it says that a bond has to be posted of double the amount of the traffic ticket.
[01:20:55.760 --> 01:20:59.760]  Well, this is how they stop people dead in their tracks,
[01:20:59.760 --> 01:21:06.760]  from appealing these bogus rulings of guilt concerning these traffic tickets,
[01:21:06.760 --> 01:21:10.760]  is that they require you to post a bond of double the amount.
[01:21:10.760 --> 01:21:15.760]  Well, we started checking into it and you actually don't have to pay the cash.
[01:21:15.760 --> 01:21:21.760]  And this is straight out of Chapter 1702 of the Criminal Procedure Code,
[01:21:21.760 --> 01:21:28.760]  where basic and the form, the motion actually used to be in the Criminal Procedure Code.
[01:21:28.760 --> 01:21:37.760]  Randy had an old version of the CCR and, I'm sorry, the CPR and was able to pull it up
[01:21:37.760 --> 01:21:40.760]  and this is exactly what you would file,
[01:21:40.760 --> 01:21:47.760]  where you attest that your entire net worth is at least the amount of the bond.
[01:21:47.760 --> 01:21:51.760]  And this is basically what's called a constitutional bond.
[01:21:51.760 --> 01:21:59.760]  And so we had a friend file that and basically what ended up happening was that
[01:21:59.760 --> 01:22:04.760]  the municipal court judge sent back a letter, just stamped denied, no reason,
[01:22:04.760 --> 01:22:12.760]  and wanted a friend to fill out a form for indigency to basically say,
[01:22:12.760 --> 01:22:15.760]  well, you can get out of posting the bond because of indigency.
[01:22:15.760 --> 01:22:18.760]  And guess what they want here in Austin?
[01:22:18.760 --> 01:22:20.760]  They want all your bank records.
[01:22:20.760 --> 01:22:21.760]  They want paychecks.
[01:22:21.760 --> 01:22:25.760]  They want everything, okay, everything except your tax return, that is,
[01:22:25.760 --> 01:22:32.760]  which would be the most likely place to look to see what your income actually is.
[01:22:32.760 --> 01:22:37.760]  And after you send in all these records, then they want to have an interview with you.
[01:22:37.760 --> 01:22:40.760]  And we're thinking, I don't think so.
[01:22:40.760 --> 01:22:42.760]  I don't think so.
[01:22:42.760 --> 01:22:46.760]  I mean, maybe our friend might give a tax return,
[01:22:46.760 --> 01:22:52.760]  but not all the bank records and all these records of business and all this kind of stuff
[01:22:52.760 --> 01:22:56.760]  because what they want to do is they want to supersede the IRS.
[01:22:56.760 --> 01:23:01.760]  They want to look at all your income, your gross receipts, your expenses.
[01:23:01.760 --> 01:23:09.760]  They want to determine for you whether certain expenses are actually business expenses or not,
[01:23:09.760 --> 01:23:13.760]  you know, like they're doing some kind of an audit like they're the IRS.
[01:23:13.760 --> 01:23:20.760]  And so what we're planning on doing in this case as far as like strategy for our friend is we're going to,
[01:23:20.760 --> 01:23:27.760]  number one, we're going to fight the fact that the bond was denied, okay, straight up.
[01:23:27.760 --> 01:23:28.760]  That's in Constitution.
[01:23:28.760 --> 01:23:32.760]  And it's also in the Code of Criminal Procedure, all right?
[01:23:32.760 --> 01:23:37.760]  So that we're going to fight because he should have it straight up.
[01:23:37.760 --> 01:23:42.760]  And on top of that, it's concerning the indigency.
[01:23:42.760 --> 01:23:46.760]  Go ahead and send in the tax return and say, you know what, pal?
[01:23:46.760 --> 01:23:52.760]  If you want to supersede federal law, if you want to go over the IRS's head, be my guest.
[01:23:52.760 --> 01:24:00.760]  But not going to be sending in all these documents concerning, you know, intimate business.
[01:24:00.760 --> 01:24:06.760]  So Randy, you want to add to that or extrapolate more or explain more?
[01:24:06.760 --> 01:24:14.760]  Well, it's clear that this is the only place where you have to pay double the amount of fine
[01:24:14.760 --> 01:24:20.760]  for an appeal as a matter of course, as a matter of law.
[01:24:20.760 --> 01:24:24.760]  And then you have to pay for the transcript.
[01:24:24.760 --> 01:24:33.760]  So they're loading up the front end, so you wind up posting three times the amount of the bond,
[01:24:33.760 --> 01:24:41.760]  of the fine, just to get the privilege of an appeal.
[01:24:41.760 --> 01:24:48.760]  This is clearly designed to stop you from appealing these traffic cases.
[01:24:48.760 --> 01:24:53.760]  So what someone has to do, and that's what we're looking to do,
[01:24:53.760 --> 01:25:01.760]  this is the kind of case that's ripe for a private attorney general suit.
[01:25:01.760 --> 01:25:07.760]  We sue for ourselves and all others similarly situated.
[01:25:07.760 --> 01:25:11.760]  And see if we can take the city to the cleaners.
[01:25:11.760 --> 01:25:16.760]  They may be able to do this song and dance amongst themselves,
[01:25:16.760 --> 01:25:20.760]  but once we start dragging them in front of grand juries and petit juries,
[01:25:20.760 --> 01:25:24.760]  that's a whole other story altogether.
[01:25:24.760 --> 01:25:29.760]  So that's what we're looking to put together is the constitutional bond.
[01:25:29.760 --> 01:25:35.760]  That's Constitution, and actually it's not bond, it's bail.
[01:25:35.760 --> 01:25:39.760]  The Constitution guarantees you the right to bail.
[01:25:39.760 --> 01:25:43.760]  And they denied the constitutional right to bail
[01:25:43.760 --> 01:25:49.760]  and demanded that he post a cash bond in lieu of bail.
[01:25:49.760 --> 01:25:59.760]  You see, it was intended that bail be a written agreement entered into by the accused and the state, wherein he promises to pay.
[01:25:59.760 --> 01:26:07.760]  It was not intended that bail be a matter of giving up your cash.
[01:26:07.760 --> 01:26:13.760]  The only reason I called it a bond is because 17.02 says the definition of bail bond.
[01:26:13.760 --> 01:26:17.760]  It says a bail bond is a written undertaking entered into by the defendant
[01:26:17.760 --> 01:26:25.760]  and his sureties for the appearance of the principal therein before some court or magistrate to answer a criminal accusation,
[01:26:25.760 --> 01:26:33.760]  provided, however, that the defendant upon execution of such bail bond may deposit with the custodian of funds of the court
[01:26:33.760 --> 01:26:42.760]  in which the prosecution is pending current money of the United States in the amount of the bond in lieu of having sureties signed the same.
[01:26:42.760 --> 01:26:47.760]  So that's why I called it a bond, because that's what it's referred to as in this statute.
[01:26:47.760 --> 01:26:54.760]  And it's saying you may deposit cash in lieu of the constitutional bond,
[01:26:54.760 --> 01:26:59.760]  or I guess it's called bail in the Constitution, but in this statute it's called a bail bond.
[01:26:59.760 --> 01:27:10.760]  Basically, you are just attesting to your word that your net worth is worth more than double the amount of the fine.
[01:27:10.760 --> 01:27:12.760]  So that's why I called it bond.
[01:27:12.760 --> 01:27:17.760]  Yeah, I think they deliberately switched those terms up to make it confusing.
[01:27:17.760 --> 01:27:20.760]  Well, let's point out one other thing while we're in this discussion here.
[01:27:20.760 --> 01:27:25.760]  Remember that they've altered 1517 subsection B, okay?
[01:27:25.760 --> 01:27:34.760]  Now in that, here's the issue I've got, Class C misdemeanors, no jail time, fine only offense,
[01:27:34.760 --> 01:27:46.760]  yet 1517 B now says that if you cannot post double for bail what the alleged fines would be,
[01:27:46.760 --> 01:28:01.760]  then how can a justice or municipal court remand you to jail for failure to pay bail when the offense itself is not jailable?
[01:28:01.760 --> 01:28:03.760]  Don't ask me, I didn't do it.
[01:28:03.760 --> 01:28:05.760]  That's a good question.
[01:28:05.760 --> 01:28:10.760]  So even though you've got something that no way can you go to jail for it,
[01:28:10.760 --> 01:28:16.760]  if you can't pay double what they would charge you, you're going to jail anyway.
[01:28:16.760 --> 01:28:22.760]  Even though it can't be considered a part of the offense and it's not allowed under the offense,
[01:28:22.760 --> 01:28:25.760]  you're held in jail because you can't pay double what they want.
[01:28:25.760 --> 01:28:26.760]  Well, you're not supposed to have to pay double.
[01:28:26.760 --> 01:28:30.760]  You're just supposed to attest that your net worth is worth more than double.
[01:28:30.760 --> 01:28:36.760]  This section now says the amount of bail is double that generally set for the offense for which the accused was arrested.
[01:28:36.760 --> 01:28:40.760]  Now true, you're talking about the difference between the constitutional bond and bail,
[01:28:40.760 --> 01:28:43.760]  but this specifically states bail, not bond.
[01:28:43.760 --> 01:28:52.760]  Yeah, and what I wanted to go to there was bond with something you could post in lieu of bail.
[01:28:52.760 --> 01:28:57.760]  If you're indigent and you don't own any property, you can't post bail.
[01:28:57.760 --> 01:28:58.760]  See, that's the other thing.
[01:28:58.760 --> 01:29:06.760]  They're trying to trip our friend up by trying to lure him into filing an indigency paperwork.
[01:29:06.760 --> 01:29:14.760]  Well, if you're indigent, then your net worth most likely is not going to be more than double the amount of the fine,
[01:29:14.760 --> 01:29:15.760]  and so I think that's a trap.
[01:29:15.760 --> 01:29:22.760]  Well, actually, indigency is not really the right word.
[01:29:22.760 --> 01:29:23.760]  Well, that's what the paperwork says.
[01:29:23.760 --> 01:29:25.760]  It's inability to pay.
[01:29:25.760 --> 01:29:27.760]  That's the consideration.
[01:29:27.760 --> 01:29:32.760]  By paying, it would create a hardship upon the individual or the individual and their family.
[01:29:32.760 --> 01:29:33.760]  Right.
[01:29:33.760 --> 01:29:38.760]  It doesn't mean that you're totally flat broke and homeless and have no money.
[01:29:38.760 --> 01:29:41.760]  That just it would create an undue hardship.
[01:29:41.760 --> 01:29:45.760]  Well, the bottom line to me is that in the Code of Criminal Procedure,
[01:29:45.760 --> 01:29:54.760]  it says that you can post this bond attesting that your net worth is at least as much as what you would have to pay in cash,
[01:29:54.760 --> 01:29:56.760]  and so what's up with that?
[01:29:56.760 --> 01:30:00.760]  Well, we'll be right back.
[01:30:26.760 --> 01:30:33.760]  Call me at 512-430-4140 and find out how to use the consumer protection laws
[01:30:33.760 --> 01:30:37.760]  to recover what the lenders have stolen through fraud and deception.
[01:30:37.760 --> 01:30:44.760]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:30:44.760 --> 01:30:48.760]  Lender fraud is bankrupting this country, and it's time to fight back.
[01:30:48.760 --> 01:31:00.760]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks.
[01:31:00.760 --> 01:31:05.760]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[01:31:50.760 --> 01:32:01.760]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:32:01.760 --> 01:32:24.760]  Okay, we are back.
[01:32:24.760 --> 01:32:25.760]  We see your calls on the board.
[01:32:25.760 --> 01:32:35.760]  We've got Rick Hulio Gale, and we're finishing up here talking about this appeal process and the constitutional bail, this bond issue.
[01:32:35.760 --> 01:32:45.760]  And it looks to me like this section of the Code of Criminal Procedure is in violation or not violation,
[01:32:45.760 --> 01:32:54.760]  but it's in contradiction to this other section of the transportation code that you're discussing, Eddie.
[01:32:54.760 --> 01:32:56.760]  Well, it's in conflict with a lot of things.
[01:32:56.760 --> 01:33:03.760]  It's completely in conflict with Chapter 17, which deals with bail and bond.
[01:33:03.760 --> 01:33:10.760]  But then again, we've known for a long time that there are serious problems with 1517, not to mention 1416.
[01:33:10.760 --> 01:33:19.760]  Both of those sections of code should have simply stated that all the procedures of Chapter 16 and Chapter 17 shall be complied with forthwith.
[01:33:19.760 --> 01:33:22.760]  That's all 1517 and all 1406 have to say.
[01:33:22.760 --> 01:33:24.760]  Yeah, okay. You got it.
[01:33:24.760 --> 01:33:25.760]  You said 1416.
[01:33:25.760 --> 01:33:26.760]  I wanted to make the correction.
[01:33:26.760 --> 01:33:27.760]  Yeah.
[01:33:27.760 --> 01:33:35.760]  1406, for those who don't know, that's the statute that authorizes a police officer to make arrests without a warrant.
[01:33:35.760 --> 01:33:40.760]  1516 is the one that authorizes them to make arrests with a warrant.
[01:33:40.760 --> 01:33:49.760]  But both of them say you must take them directly to a magistrate, then make indifference with or without a warrant.
[01:33:49.760 --> 01:33:51.760]  Let's try to make those make sense.
[01:33:51.760 --> 01:33:59.760]  So now, Randy, in the situation with our friend here, and it's not me, by the way, just saying it's my friend.
[01:33:59.760 --> 01:34:01.760]  I don't have any traffic tickets.
[01:34:01.760 --> 01:34:06.760]  I don't even hardly, well, no, when I don't drive because I'm not engaged in commerce.
[01:34:06.760 --> 01:34:20.760]  But at any rate, concerning our friend, this judge just totally out of hand denied the constitutional bond bail, whatever you want to call it.
[01:34:20.760 --> 01:34:22.760]  It's called bond in 1702.
[01:34:22.760 --> 01:34:24.760]  It's called bail in the Constitution.
[01:34:24.760 --> 01:34:27.760]  It's actually called bail bond in 1702.
[01:34:27.760 --> 01:34:32.760]  Just denied and wants him to fill out this indigent paperwork.
[01:34:32.760 --> 01:34:34.760]  And it does say indigent at the top.
[01:34:34.760 --> 01:34:35.760]  That's why I called it that.
[01:34:35.760 --> 01:34:36.760]  It doesn't say inability to pay.
[01:34:36.760 --> 01:34:37.760]  It says indigent.
[01:34:37.760 --> 01:34:40.760]  So at any rate, what is the strategy here now?
[01:34:40.760 --> 01:34:50.760]  We want to file yet another judicial conduct complaint against this judge and a bar grievance and whatever.
[01:34:50.760 --> 01:34:52.760]  What else are we going to do to this guy?
[01:34:52.760 --> 01:35:06.760]  And how are we going to appeal or how are we going to fight the issue that his bond where he states that his net worth, his sureties exceed double the amount of the traffic ticket?
[01:35:06.760 --> 01:35:08.760]  How are we going to take that to the next level?
[01:35:08.760 --> 01:35:14.760]  And since that, no, you need to take this because you're required to by law.
[01:35:14.760 --> 01:35:22.760]  That was a question I was wrestling with when they denied constitutional bail.
[01:35:22.760 --> 01:35:25.760]  In a normal case, you could appeal to the higher court.
[01:35:25.760 --> 01:35:31.760]  But here it's about having to post all of this excessive bail in order to get there.
[01:35:31.760 --> 01:35:32.760]  I know.
[01:35:32.760 --> 01:35:43.760]  It's kind of a, well, what about petitioning for a writ of mandamus to the county court ordering the municipal court to accept the bond?
[01:35:43.760 --> 01:35:48.760]  Well, that's not something you can do in mandamus.
[01:35:48.760 --> 01:35:49.760]  Why not?
[01:35:49.760 --> 01:35:53.760]  Well, because it goes to the discretion of the court.
[01:35:53.760 --> 01:36:00.760]  The only thing you can do in mandamus is have the court order the lower court to do what the law specifically demands it to do.
[01:36:00.760 --> 01:36:01.760]  Wait a minute.
[01:36:01.760 --> 01:36:02.760]  Discretion.
[01:36:02.760 --> 01:36:12.760]  It says a bail bond is a written undertaking entered into by the defendant and his sureties for the appearance of the principal there and before some court or magistrate to answer criminal accusation.
[01:36:12.760 --> 01:36:16.760]  I don't see any discretion in 1702.
[01:36:16.760 --> 01:36:18.760]  Here's where the discretion is.
[01:36:18.760 --> 01:36:22.760]  The judge must determine the sufficiency of the bond or the bail.
[01:36:22.760 --> 01:36:31.760]  Okay, well then if our friend wants to show like a deed to the house or a title, certificate of title to his car and things like that, well then that's acceptable.
[01:36:31.760 --> 01:36:39.760]  Well, the problem is, is the judge is given discretion to determine what the sufficiency of the bond is.
[01:36:39.760 --> 01:36:46.760]  We're going to have to make the argument that he, we can't make an argument that he abused his discretion.
[01:36:46.760 --> 01:36:48.760]  They won't overturn that.
[01:36:48.760 --> 01:36:55.760]  We have to make an argument that he denied the right as a matter of course.
[01:36:55.760 --> 01:37:02.760]  Yeah, because he didn't, he didn't ask for any documentation to back up the surety from this defendant.
[01:37:02.760 --> 01:37:05.760]  He just said denied, fill out the indigent paperwork.
[01:37:05.760 --> 01:37:07.760]  He never even inquired.
[01:37:07.760 --> 01:37:11.760]  He never even, he never even exercised discretion is what it boils down to.
[01:37:11.760 --> 01:37:20.760]  He never exercised any discretion at all because he never tried to make a determination as to whether or not the sureties were sufficient.
[01:37:20.760 --> 01:37:22.760]  He just said denied.
[01:37:22.760 --> 01:37:23.760]  I know.
[01:37:23.760 --> 01:37:32.760]  You're still going to get, the problem with the courts is, is they get to point at discretion and say the judge had the discretion to do this.
[01:37:32.760 --> 01:37:35.760]  So that's something you have to argue on appeal.
[01:37:35.760 --> 01:37:37.760]  It's not something you can do in man down.
[01:37:37.760 --> 01:37:41.760]  So how do you appeal when you're trying to appeal with the appeal bond?
[01:37:41.760 --> 01:37:42.760]  That was my concern.
[01:37:42.760 --> 01:37:45.760]  That's the conundrum I was stuck in.
[01:37:45.760 --> 01:37:48.760]  But see, this is what I'm talking about with the discretion, Randy.
[01:37:48.760 --> 01:37:52.760]  It's, it's, he never exercised any discretion.
[01:37:52.760 --> 01:38:02.760]  He just said denied because he never made an inquiry into whether or not this individual had, you know, owned property or had sureties that were sufficient.
[01:38:02.760 --> 01:38:05.760]  This is not about the merits.
[01:38:05.760 --> 01:38:07.760]  We can't go to the merits.
[01:38:07.760 --> 01:38:08.760]  I'm not going to the merits.
[01:38:08.760 --> 01:38:12.760]  We're going to whether or not he exercised discretion.
[01:38:12.760 --> 01:38:12.760]  Yeah.
[01:38:12.760 --> 01:38:15.760]  And I'm saying he didn't because he never, he never made.
[01:38:15.760 --> 01:38:16.760]  And he'll say he did.
[01:38:16.760 --> 01:38:21.760]  And when he says he did, we can't do this with mandamus.
[01:38:21.760 --> 01:38:23.760]  We have to do this with appeal.
[01:38:23.760 --> 01:38:24.760]  Okay.
[01:38:24.760 --> 01:38:27.760]  Well, I'd like to see if he's going to say he exercised discretion.
[01:38:27.760 --> 01:38:33.760]  I'm going to ask for some proof of paperwork that he inquired into the, into what property.
[01:38:33.760 --> 01:38:36.760]  I understand that, but you can't do it in this form.
[01:38:36.760 --> 01:38:40.760]  If we take a mandamus to a court on this issue, they're going to tell you.
[01:38:40.760 --> 01:38:42.760]  Okay. Well, I'm not talking about mandamus.
[01:38:42.760 --> 01:38:55.760]  I'm just talking about in general saying I can prove that he never exercised any discretion at all, whether good or bad, because he never inquired into any holdings of this person.
[01:38:55.760 --> 01:38:56.760]  Exactly.
[01:38:56.760 --> 01:39:01.760]  I'm thinking we go for warrant or removal.
[01:39:01.760 --> 01:39:03.760]  That we can do.
[01:39:03.760 --> 01:39:06.760]  I mean, this is just a stipulation of law.
[01:39:06.760 --> 01:39:12.760]  Mandamus can only order the court to do what he absolutely was required to do and had no discretion.
[01:39:12.760 --> 01:39:14.760]  Okay. He had discretion.
[01:39:14.760 --> 01:39:15.760]  He abused his discretion.
[01:39:15.760 --> 01:39:18.760]  We go for warrant or removal.
[01:39:18.760 --> 01:39:23.760]  Yeah. He clearly abused the discretion because he didn't even exercise any in this case.
[01:39:23.760 --> 01:39:28.760]  Usually they, usually the abuse of discretion is because they're exercising too much.
[01:39:28.760 --> 01:39:30.760]  In this case, he didn't exercise any.
[01:39:30.760 --> 01:39:31.760]  So yeah, I know.
[01:39:31.760 --> 01:39:38.760]  But as a matter of what we can do, I'm going to work him over anyway.
[01:39:38.760 --> 01:39:51.760]  I nailed him last Thursday, same guy, and gave him criminal charges against one of the officers that arrested me on March the 8th because they arrested me on the outstanding warrants in Cherokee County.
[01:39:51.760 --> 01:39:56.760]  By the way, guys, those are gone, so I don't have to worry about those warrants anymore.
[01:39:56.760 --> 01:40:02.760]  And one of the officers found a key in my wallet and asked me what it was.
[01:40:02.760 --> 01:40:04.760]  And I was honest.
[01:40:04.760 --> 01:40:05.760]  I don't know.
[01:40:05.760 --> 01:40:06.760]  I forgot.
[01:40:06.760 --> 01:40:12.760]  Well, it looks like a handcuffed key and you're not getting it back.
[01:40:12.760 --> 01:40:14.760]  So will you make sure you put that on the manifest?
[01:40:14.760 --> 01:40:17.760]  That's how I got it on the manifest and it didn't.
[01:40:17.760 --> 01:40:25.760]  So I went to this judge and handed him criminal charges against this police officer for stealing my key.
[01:40:25.760 --> 01:40:31.760]  And the judge said, well, Mr. County, you can get a property hearing and I'm sure they'll get your key back.
[01:40:31.760 --> 01:40:34.760]  Oh, I don't care about the key.
[01:40:34.760 --> 01:40:35.760]  You don't care about the key?
[01:40:35.760 --> 01:40:36.760]  No, I don't care about the key.
[01:40:36.760 --> 01:40:38.760]  I don't remember what it was, what it was for.
[01:40:38.760 --> 01:40:40.760]  Well, then why are you here?
[01:40:40.760 --> 01:40:42.760]  She stole it.
[01:40:42.760 --> 01:40:46.760]  Well, the bottom line is I would have just said it's none of your business.
[01:40:46.760 --> 01:40:48.760]  It's none of your business what the key is for.
[01:40:48.760 --> 01:40:50.760]  Well, he didn't ask what it was for.
[01:40:50.760 --> 01:40:51.760]  I thought you asked.
[01:40:51.760 --> 01:40:53.760]  Well, I thought that's what you said.
[01:40:53.760 --> 01:40:56.760]  The officer asked what the key was for.
[01:40:56.760 --> 01:41:04.760]  Oh, the other officer, she said it looked like a handcuff key and then asked what it was for.
[01:41:04.760 --> 01:41:06.760]  So that was a reasonable question.
[01:41:06.760 --> 01:41:07.760]  No, it's not.
[01:41:07.760 --> 01:41:09.760]  Anyway, that's not a fight I wanted to have.
[01:41:09.760 --> 01:41:14.760]  I didn't want to get bickering with her over whether she can ask me about a key or not.
[01:41:14.760 --> 01:41:18.760]  So anyway, she kept it.
[01:41:18.760 --> 01:41:24.760]  Now I'm trying to get her arrested for keeping that key that as far as I was concerned was worthless.
[01:41:24.760 --> 01:41:28.760]  But what I'm really after, and the judge knew it, was him.
[01:41:28.760 --> 01:41:34.760]  Last thing I told him was he said he wasn't going to take the complaint.
[01:41:34.760 --> 01:41:41.760]  And I said if you don't take the complaint, I'll consider that a misfeasance in office
[01:41:41.760 --> 01:41:50.760]  and shielding from prosecution in an effort to deny me and my constitutional right to petition the court for redress of grievance.
[01:41:50.760 --> 01:41:52.760]  Well, Mr. Carlson, I'm not going to take the complaint.
[01:41:52.760 --> 01:41:53.760]  I said, well, good.
[01:41:53.760 --> 01:41:54.760]  I need you to say that.
[01:41:54.760 --> 01:41:55.760]  Thank you.
[01:41:55.760 --> 01:42:03.760]  And then I started to walk out and I stopped and I said, you know, I call this the tar baby syndrome.
[01:42:03.760 --> 01:42:06.760]  You just stuck to it.
[01:42:06.760 --> 01:42:09.760]  And he looked like he wanted to choke me.
[01:42:09.760 --> 01:42:13.760]  So this is old Mr. Diamond Earring.
[01:42:13.760 --> 01:42:18.760]  He was actually a very pleasant individual.
[01:42:18.760 --> 01:42:23.760]  And he did try to make things go smoothly.
[01:42:23.760 --> 01:42:26.760]  I give him credit for the fact that he never threatened me once.
[01:42:26.760 --> 01:42:27.760]  Because he wants to get rid of you.
[01:42:27.760 --> 01:42:28.760]  That's why.
[01:42:28.760 --> 01:42:33.760]  Even when he was the guy who arraigned me in the jail or did the magistration in the jail.
[01:42:33.760 --> 01:42:35.760]  And I kind of crawled all over him then.
[01:42:35.760 --> 01:42:39.760]  This is the time I was arrested by the DPS.
[01:42:39.760 --> 01:42:41.760]  And he was very pleasant and personable.
[01:42:41.760 --> 01:42:43.760]  I have to give him that.
[01:42:43.760 --> 01:42:46.760]  But he didn't follow law.
[01:42:46.760 --> 01:42:48.760]  Even in Randy's presence.
[01:42:48.760 --> 01:42:49.760]  Yeah.
[01:42:49.760 --> 01:42:52.760]  I couldn't even put him over the edge.
[01:42:52.760 --> 01:42:54.760]  So he was pretty good.
[01:42:54.760 --> 01:42:55.760]  Okay.
[01:42:55.760 --> 01:42:56.760]  All right.
[01:42:56.760 --> 01:42:57.760]  Let's go to our calls.
[01:42:57.760 --> 01:42:58.760]  We've got Rick in Illinois.
[01:42:58.760 --> 01:42:59.760]  First on caller.
[01:42:59.760 --> 01:43:00.760]  Rick, thanks for calling in.
[01:43:00.760 --> 01:43:02.760]  What's on your mind tonight?
[01:43:02.760 --> 01:43:04.760]  I've got a traffic citation.
[01:43:04.760 --> 01:43:10.760]  I live in Illinois and I got a traffic citation in California just last Thursday.
[01:43:10.760 --> 01:43:13.760]  Cited for 75 plus in a 65 zone.
[01:43:13.760 --> 01:43:20.760]  And I was wondering how I could get out of that from still being in Illinois.
[01:43:20.760 --> 01:43:28.760]  Well, first thing is are the speed limits in Illinois prima facie?
[01:43:28.760 --> 01:43:34.760]  That means are they prima facie evidence of a safe speed?
[01:43:34.760 --> 01:43:38.760]  Or does the law say absolutely you cannot exceed this no matter what?
[01:43:38.760 --> 01:43:39.760]  Yeah.
[01:43:39.760 --> 01:43:40.760]  Let's expedite that.
[01:43:40.760 --> 01:43:45.760]  When we get back, tell me, have you read the statutes you're being charged with?
[01:43:45.760 --> 01:43:46.760]  Okay.
[01:43:46.760 --> 01:43:50.760]  Randy Kelton, Hattie Craig, Rule of Law Radio.
[01:43:50.760 --> 01:44:06.760]  We'll be right back on the other side and excuse my voice, I'm handling issues.
[01:44:06.760 --> 01:44:13.760]  Aerial spray, chemtrails, the modified atmosphere, heavy metals and pesticides,
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[01:45:07.760 --> 01:45:22.760]  Hello? Oh man, you're in jail. You got something there? Oh man, I'm broke, dude.
[01:45:22.760 --> 01:45:26.760]  Some things in this world I will never understand.
[01:45:26.760 --> 01:45:30.760]  Some things I realize fully.
[01:45:30.760 --> 01:45:35.760]  Somebody's gonna police a policeman.
[01:45:35.760 --> 01:45:39.760]  Somebody's gonna police a bully.
[01:45:39.760 --> 01:45:44.760]  There's always a room at the top of the hill.
[01:45:44.760 --> 01:45:48.760]  I hear through the grapevine and it's lonely left too.
[01:45:48.760 --> 01:45:52.760]  They're wishing it was more than opposition that fell.
[01:45:52.760 --> 01:45:56.760]  They know that if they don't do it, somebody will.
[01:45:56.760 --> 01:46:00.760]  Some things in this world I will never understand.
[01:46:00.760 --> 01:46:04.760]  Some things I realize fully.
[01:46:04.760 --> 01:46:08.760]  Somebody's gonna police a policeman.
[01:46:08.760 --> 01:46:12.760]  Somebody's gonna police a bully.
[01:46:12.760 --> 01:46:15.760]  I know they will.
[01:46:15.760 --> 01:46:17.760]  Yeah, they're gonna put the bill.
[01:46:17.760 --> 01:46:19.760]  I know they will.
[01:46:19.760 --> 01:46:21.760]  So much and much to sell.
[01:46:21.760 --> 01:46:23.760]  I know they will.
[01:46:23.760 --> 01:46:25.760]  Never fail to tip back the scale.
[01:46:25.760 --> 01:46:27.760]  I know they will.
[01:46:27.760 --> 01:46:29.760]  Never fail to tip back the scale.
[01:46:29.760 --> 01:46:31.760]  I know they will.
[01:46:31.760 --> 01:46:35.760]  Speaking with Rick in Illinois, and Eddie, you were asking him if he had read the code yet.
[01:46:35.760 --> 01:46:36.760]  Yeah, I have.
[01:46:36.760 --> 01:46:40.760]  Rick, have you actually read the statute they're charging you with?
[01:46:40.760 --> 01:46:44.760]  No, I haven't. It is a California statute, apparently.
[01:46:44.760 --> 01:46:47.760]  You're in Illinois and they're charging you in California?
[01:46:47.760 --> 01:46:52.760]  I was on a road trip recently and I got cited while in California.
[01:46:52.760 --> 01:46:54.760]  Okay, well, all right.
[01:46:54.760 --> 01:46:56.760]  So we're dealing with California statute?
[01:46:56.760 --> 01:46:57.760]  Yes.
[01:46:57.760 --> 01:47:03.760]  Okay, California speed limits are prima facie, and California statutes are very,
[01:47:03.760 --> 01:47:07.760]  very clear that those statutes apply strictly to commercial motor vehicles,
[01:47:07.760 --> 01:47:10.760]  not to private automobiles.
[01:47:10.760 --> 01:47:13.760]  So if you'll actually do a little bit of research on the California statutes,
[01:47:13.760 --> 01:47:16.760]  you'll find that extremely easy to argue.
[01:47:16.760 --> 01:47:19.760]  Now, there's an individual out there that I don't like.
[01:47:19.760 --> 01:47:22.760]  He's recently deceased, and they call him Lawyer Dude.
[01:47:22.760 --> 01:47:25.760]  The man is, I don't know.
[01:47:25.760 --> 01:47:30.760]  But anyway, his website, however, is full of lots of briefs dealing specifically
[01:47:30.760 --> 01:47:35.760]  with California statute law regarding everything to do with motor vehicles
[01:47:35.760 --> 01:47:37.760]  and private automobiles.
[01:47:37.760 --> 01:47:40.760]  In fact, if you've never heard of Charlie Sprinkle,
[01:47:40.760 --> 01:47:44.760]  he's probably one of the original founders of the right to travel argument
[01:47:44.760 --> 01:47:45.760]  in the courts.
[01:47:45.760 --> 01:47:49.760]  And that website is loaded with many of the briefs that he filed in his case
[01:47:49.760 --> 01:47:53.760]  right there in California to get them to leave him alone.
[01:47:53.760 --> 01:47:56.760]  Okay.
[01:47:56.760 --> 01:47:59.760]  So just do a search on the Internet for Lawyer Dude,
[01:47:59.760 --> 01:48:02.760]  and that will pull you up a lot of links to his site,
[01:48:02.760 --> 01:48:05.760]  and you can go through a lot of the motions and everything that are there.
[01:48:05.760 --> 01:48:10.760]  That would be the quickest way to educate yourself on what is and isn't law
[01:48:10.760 --> 01:48:12.760]  in California.
[01:48:12.760 --> 01:48:13.760]  That's great.
[01:48:13.760 --> 01:48:14.760]  Okay.
[01:48:14.760 --> 01:48:15.760]  Okay.
[01:48:15.760 --> 01:48:16.760]  All right.
[01:48:16.760 --> 01:48:21.760]  Ed, and I'll read this code section, too.
[01:48:21.760 --> 01:48:23.760]  All right.
[01:48:23.760 --> 01:48:25.760]  Thank you, Rick.
[01:48:25.760 --> 01:48:26.760]  Okay.
[01:48:26.760 --> 01:48:29.760]  We're going to go now to Julio in Austin.
[01:48:29.760 --> 01:48:31.760]  Julio, thanks for calling in.
[01:48:31.760 --> 01:48:33.760]  What's on your mind tonight?
[01:48:33.760 --> 01:48:36.760]  Well, I've been listening to you guys and you.
[01:48:36.760 --> 01:48:39.760]  A while back you mentioned the word mandamus.
[01:48:39.760 --> 01:48:45.760]  And in order for a mandamus to fly, you have to ask for a finding of facts.
[01:48:45.760 --> 01:48:50.760]  What facts is George using to give you that law?
[01:48:50.760 --> 01:48:52.760]  What laws is he using?
[01:48:52.760 --> 01:48:54.760]  And it's going to stay quiet.
[01:48:54.760 --> 01:48:56.760]  It's not going to answer you.
[01:48:56.760 --> 01:49:03.760]  Wait, Julio, mandamus goes to, I mean, findings of facts goes to appeal,
[01:49:03.760 --> 01:49:04.760]  not to mandamus.
[01:49:04.760 --> 01:49:05.760]  No, no, no, no.
[01:49:05.760 --> 01:49:09.760]  Findings of facts, anytime the judge tells something that is not legal,
[01:49:09.760 --> 01:49:11.760]  you can ask for findings of facts.
[01:49:11.760 --> 01:49:16.760]  And that is, you know, that's what the statute was built to.
[01:49:16.760 --> 01:49:23.760]  Yeah, you can, but if you, mandamus stands right behind
[01:49:23.760 --> 01:49:27.760]  writ of habeas corpus as an emergency writ.
[01:49:27.760 --> 01:49:28.760]  I understand that.
[01:49:28.760 --> 01:49:33.760]  If you start, you know, his time for appeal is running out.
[01:49:33.760 --> 01:49:36.760]  If he asks for findings of facts and conclusions at law,
[01:49:36.760 --> 01:49:40.760]  the judge is absolutely not going to give it to him.
[01:49:40.760 --> 01:49:45.760]  And all he's going to do is sit and wait for the judge to not give him that.
[01:49:45.760 --> 01:49:50.760]  And his time to appeal is run out, so the mandamus becomes moot.
[01:49:50.760 --> 01:49:55.760]  Well, the thing is, findings of facts stops all that.
[01:49:55.760 --> 01:49:58.760]  Findings of facts stops everything else.
[01:49:58.760 --> 01:50:03.760]  And unless they answer you, then you got them, because they will never answer you.
[01:50:03.760 --> 01:50:05.760]  No, they'll never answer you.
[01:50:05.760 --> 01:50:11.760]  And then you get the presumption from the, I really like the idea of findings of fact.
[01:50:11.760 --> 01:50:12.760]  Okay.
[01:50:12.760 --> 01:50:16.760]  But in mandamus, it's certainly not a requirement,
[01:50:16.760 --> 01:50:19.760]  because mandamus is an emergency writ.
[01:50:19.760 --> 01:50:22.760]  I understand, but when the judge is not doing his job,
[01:50:22.760 --> 01:50:24.760]  it becomes an emergency writ.
[01:50:24.760 --> 01:50:27.760]  You got to find out what is he using.
[01:50:27.760 --> 01:50:35.760]  Remember that the trust court feels, it says, private law is not an issue.
[01:50:35.760 --> 01:50:37.760]  Never been an issue.
[01:50:37.760 --> 01:50:39.760]  They had to follow procedure.
[01:50:39.760 --> 01:50:40.760]  Yeah.
[01:50:40.760 --> 01:50:43.760]  Okay, and if they're not following procedures,
[01:50:43.760 --> 01:50:46.760]  the only way you're going to get your remedy is by asking for mandamus
[01:50:46.760 --> 01:50:49.760]  after you ask for findings of facts.
[01:50:49.760 --> 01:50:53.760]  And that's just, you know, that's been my winning all along.
[01:50:53.760 --> 01:50:55.760]  I ask for findings of facts, they don't answer.
[01:50:55.760 --> 01:51:01.760]  I go to a mandamus, they don't answer, and then I'll ask the court to give me my remedy.
[01:51:01.760 --> 01:51:04.760]  This judge just don't do his job, give me my remedy.
[01:51:04.760 --> 01:51:09.760]  And by then, they don't want to talk to you, the whole case disappears.
[01:51:09.760 --> 01:51:12.760]  I have a case in Coppola that just disappeared.
[01:51:12.760 --> 01:51:14.760]  We cannot find it.
[01:51:14.760 --> 01:51:19.760]  They don't want you suing the crap out of them.
[01:51:19.760 --> 01:51:22.760]  How much time did you spend in jail on that thing?
[01:51:22.760 --> 01:51:25.760]  Oh, about two weeks.
[01:51:25.760 --> 01:51:29.760]  Yeah, and then they wound up having to throw out everything?
[01:51:29.760 --> 01:51:30.760]  Yep.
[01:51:30.760 --> 01:51:32.760]  They just, you cannot find anything.
[01:51:32.760 --> 01:51:34.760]  There's nothing on the court.
[01:51:34.760 --> 01:51:41.760]  Even my car, the guy that took it in, he's driving it,
[01:51:41.760 --> 01:51:45.760]  and I haven't received that from them that they took it, you know.
[01:51:45.760 --> 01:51:47.760]  But that's another story.
[01:51:47.760 --> 01:51:49.760]  This is a great tool, man.
[01:51:49.760 --> 01:51:55.760]  I tell you, I like to just get all the information that you all talk about today
[01:51:55.760 --> 01:51:58.760]  and put it on a piece of paper so I can go out there.
[01:51:58.760 --> 01:52:03.760]  I'm just about ready to file the lawsuit.
[01:52:03.760 --> 01:52:05.760]  I'm working on it.
[01:52:05.760 --> 01:52:06.760]  Well, thanks a lot, okay?
[01:52:06.760 --> 01:52:10.760]  Good, stay in touch because we're preparing one as well.
[01:52:10.760 --> 01:52:12.760]  All right, thanks, Julio.
[01:52:12.760 --> 01:52:15.760]  Okay, we're going now to Gail in Minnesota.
[01:52:15.760 --> 01:52:17.760]  Gail, thanks for calling in.
[01:52:17.760 --> 01:52:18.760]  What's on your mind tonight?
[01:52:18.760 --> 01:52:20.760]  Here, you had a traffic issue.
[01:52:20.760 --> 01:52:24.760]  Yeah, I do, but I just really want to listen to you guys,
[01:52:24.760 --> 01:52:27.760]  and I'd like to go ahead and let other people talk tonight,
[01:52:27.760 --> 01:52:32.760]  but I just want to let you know that your call in line for listening isn't working.
[01:52:32.760 --> 01:52:34.760]  It's just blank air.
[01:52:34.760 --> 01:52:37.760]  I had to call in on this line to even hear you.
[01:52:37.760 --> 01:52:40.760]  Okay, did you know that we stream on the Internet?
[01:52:40.760 --> 01:52:41.760]  No.
[01:52:41.760 --> 01:52:42.760]  Okay, yeah.
[01:52:42.760 --> 01:52:47.760]  We try to always tell everybody this is not a conference call.
[01:52:47.760 --> 01:52:52.760]  This is a radio show, and we stream from the website,
[01:52:52.760 --> 01:52:57.760]  a 64K stream and a 16K stream on ruleoflawradio.com.
[01:52:57.760 --> 01:52:59.760]  This is an Internet radio station,
[01:52:59.760 --> 01:53:06.760]  and we are carried by about 20 AM and FM radio stations across the country.
[01:53:06.760 --> 01:53:10.760]  This line, the 512-646-1984 number,
[01:53:10.760 --> 01:53:14.760]  is the caller line for people who wish to call in and talk on the air,
[01:53:14.760 --> 01:53:23.760]  and we do have a listener line most of the time, 512-485-9010,
[01:53:23.760 --> 01:53:26.760]  and so occasionally there's issues with the listener line,
[01:53:26.760 --> 01:53:32.760]  but in general it seems like this is an issue that has come up a lot lately
[01:53:32.760 --> 01:53:36.760]  that there's a lot of confusion out there concerning what rule of law radio is.
[01:53:36.760 --> 01:53:41.760]  This is a network like GCN, or it's like ABC or NBC.
[01:53:41.760 --> 01:53:46.760]  This is a network, and it's a radio network, an Internet radio network,
[01:53:46.760 --> 01:53:48.760]  and we are a broadcast.
[01:53:48.760 --> 01:53:50.760]  This is not a conference call.
[01:53:50.760 --> 01:53:54.760]  At any rate, did you want to talk about this traffic issue, Gayle,
[01:53:54.760 --> 01:53:56.760]  because we don't really have any other callers on the board,
[01:53:56.760 --> 01:54:00.760]  so now that you're up, why don't you just go ahead and tell us what happened?
[01:54:00.760 --> 01:54:05.760]  Well, actually, the traffic issue, the one in Iowa,
[01:54:05.760 --> 01:54:10.760]  I mean everything went on a back burner because I had to do an appeal.
[01:54:10.760 --> 01:54:14.760]  I've been pushing to try to get an appeal to the State Court of Appeals
[01:54:14.760 --> 01:54:18.760]  in the divorce situation because of what the judge has been doing,
[01:54:18.760 --> 01:54:22.760]  so everything just got shoved to the back burner.
[01:54:22.760 --> 01:54:25.760]  I mean the date for the traffic ticket in Iowa is Friday,
[01:54:25.760 --> 01:54:31.760]  and I found out that everything I had done for the last few weeks on the appeal,
[01:54:31.760 --> 01:54:37.760]  which I just feel like I've hit a wall because everything has been so hard in this other case.
[01:54:37.760 --> 01:54:43.760]  And then this morning I found out that the forms they had were different
[01:54:43.760 --> 01:54:48.760]  than the forms that I had been told, so as I'm ready to go file the things,
[01:54:48.760 --> 01:54:52.760]  I have a change up and find out everything goes out the window,
[01:54:52.760 --> 01:54:54.760]  and I have to start from scratch.
[01:54:54.760 --> 01:54:58.760]  So all I did today is I scrambled to get in the notice of appeal.
[01:54:58.760 --> 01:55:01.760]  I didn't have the informer proper, I didn't have a statement of the case,
[01:55:01.760 --> 01:55:05.760]  I didn't have anything, and I just had to file it, and they're going to give me,
[01:55:05.760 --> 01:55:08.760]  they put me in as whatever it is when you don't have anything.
[01:55:08.760 --> 01:55:12.760]  I have 10 days to get the rest of that in, and in the meantime,
[01:55:12.760 --> 01:55:17.760]  now I have to figure out what I'm doing with this Iowa ticket on Friday.
[01:55:17.760 --> 01:55:23.760]  So I feel like I'm dog-paddling because there's too many cases, there's too many,
[01:55:23.760 --> 01:55:27.760]  I'm firebrand juggling.
[01:55:27.760 --> 01:55:29.760]  Well, Deborah can tell you all about that.
[01:55:29.760 --> 01:55:31.760]  She does that regularly.
[01:55:31.760 --> 01:55:35.760]  I have a lot of respect for you, Deborah, a lot.
[01:55:35.760 --> 01:55:36.760]  Thanks.
[01:55:36.760 --> 01:55:43.760]  So what happened apparently with the pullover in this other state?
[01:55:43.760 --> 01:55:47.760]  Yeah, I got three, yeah, he was quite a masterful police officer.
[01:55:47.760 --> 01:55:50.760]  He pulled three vehicles over at the exact same time,
[01:55:50.760 --> 01:55:54.760]  coming up from behind at a high rate of speed, went right past the kids and I.
[01:55:54.760 --> 01:55:56.760]  We were in the right-hand lane.
[01:55:56.760 --> 01:56:01.760]  Zip passed us, was tracking behind two other cars,
[01:56:01.760 --> 01:56:09.760]  and then all of a sudden he hit the brakes, pulled over to the far right on the shoulder,
[01:56:09.760 --> 01:56:12.760]  and we went by him because we were in the right-hand lane,
[01:56:12.760 --> 01:56:16.760]  then flipped his lights on, screams past us,
[01:56:16.760 --> 01:56:20.760]  pulls over the two cars that were ahead of us.
[01:56:20.760 --> 01:56:23.760]  I mean, it was pretty alarming.
[01:56:23.760 --> 01:56:29.760]  Both my kids and the car on the way back from spring break from being down there by you guys,
[01:56:29.760 --> 01:56:36.760]  and then when we went to go by, I almost hit the guy because what he did was
[01:56:36.760 --> 01:56:39.760]  he threw his car on the side of the road,
[01:56:39.760 --> 01:56:44.760]  and by the time I got up to where he was, there's this white light.
[01:56:44.760 --> 01:56:51.760]  He's in the middle of the road in a dark uniform with a flashlight pulling me over.
[01:56:51.760 --> 01:56:54.760]  So how fast could I have been if he went way ahead of me,
[01:56:54.760 --> 01:57:00.760]  pulled those cars over, and then was out in the road pulling me over by the time,
[01:57:00.760 --> 01:57:03.760]  and out in the road by the time I got there?
[01:57:03.760 --> 01:57:10.760]  So he pulled all of us over, and I called poor Eddie, called Eddie, bless his heart,
[01:57:10.760 --> 01:57:12.760]  and he was on the phone through the whole thing.
[01:57:12.760 --> 01:57:16.760]  So he was even on the phone when the officer made me come in his squad car,
[01:57:16.760 --> 01:57:19.760]  and when the officer pulled the signing board away from me
[01:57:19.760 --> 01:57:24.760]  and wouldn't let me finish signing my name, told me I wasn't going to be able to put any of that,
[01:57:24.760 --> 01:57:29.760]  I don't remember if he said crap or garbage on there, whatever it was,
[01:57:29.760 --> 01:57:34.760]  because I was putting the initials for that coercion address and the signature.
[01:57:34.760 --> 01:57:40.760]  He just yanked the board away from me and told me I wasn't going to sign anything else.
[01:57:40.760 --> 01:57:44.760]  That's why I always put that on there before I do my signature.
[01:57:44.760 --> 01:57:46.760]  I was just going to suggest that.
[01:57:46.760 --> 01:57:49.760]  Yeah, if they yank it away then, that's not my fault.
[01:57:49.760 --> 01:57:50.760]  I was attempting to sign it.
[01:57:50.760 --> 01:57:52.760]  He's the one that took it away from me where I couldn't.
[01:57:52.760 --> 01:57:56.760]  If he arrests me for that, I've really got a lawsuit.
[01:57:56.760 --> 01:58:00.760]  Yeah, I put it between my first name and my last name, but I wasn't finished signing.
[01:58:00.760 --> 01:58:05.760]  I was going to put exclusive reps and rights on the end, and he just yanked.
[01:58:05.760 --> 01:58:10.760]  You know, he yanked it away and was saying some...
[01:58:10.760 --> 01:58:14.760]  But anyway, it was...
[01:58:14.760 --> 01:58:18.760]  He pulled all three of us over at the same time, and like Eddie pointed out,
[01:58:18.760 --> 01:58:23.760]  there's no way he could have done it with the equipment that he had.
[01:58:23.760 --> 01:58:26.760]  Yeah, he had a single-barrel forward rearward radar gun,
[01:58:26.760 --> 01:58:30.760]  and it can only track one target at a time in each kind of direction.
[01:58:30.760 --> 01:58:34.760]  It can't do multitasking.
[01:58:34.760 --> 01:58:36.760]  Kind of like me, huh?
[01:58:36.760 --> 01:58:39.760]  It's a Randy radar.
[01:58:39.760 --> 01:58:42.760]  All right, folks, we're at the end of the show.
[01:58:42.760 --> 01:58:45.760]  Thanks for calling in, Gail, Dan, Jared.
[01:58:45.760 --> 01:58:48.760]  I'm sorry we didn't get a chance to take your calls.
[01:58:48.760 --> 01:58:50.760]  Please call back in Thursday night,
[01:58:50.760 --> 01:58:54.760]  and folks, check out RuleOfLawRadio.com for our internet stream
[01:58:54.760 --> 01:58:58.760]  and some videos posted from the other night.
[01:58:58.760 --> 01:59:21.760]  Thank you.
[01:59:28.760 --> 01:59:30.760]  I like to step in your way.
[01:59:30.760 --> 01:59:32.760]  You watch my sides.
[01:59:32.760 --> 01:59:34.760]  I'm dangerous.
[01:59:34.760 --> 01:59:36.760]  I'm dangerous.
[01:59:36.760 --> 01:59:38.760]  I like to step in your way.
[01:59:38.760 --> 01:59:40.760]  You watch my sides.
[01:59:40.760 --> 01:59:42.760]  I'm dangerous.
[01:59:42.760 --> 01:59:43.760]  Dangerous.
[01:59:43.760 --> 01:59:46.760]  When you eat, I'm a boss.
[01:59:46.760 --> 01:59:50.760]  If it's a dream, it's good.
[01:59:50.760 --> 01:59:53.760]  If it's a dream, let's move.
[01:59:53.760 --> 01:59:58.760]  If it's a dream, let's move.