ROL_2011-02-21_16k.timecode

[00:00.000 --> 00:04.480]  This news brief brought to you by the International Newsnet.
[00:04.480 --> 00:09.040]  Russia has warned the U.S. against setting up permanent military bases in Afghanistan,
[00:09.040 --> 00:13.120]  saying the move could undermine peacemaking efforts and anger neighbors.
[00:13.120 --> 00:19.400]  Afghan President Hamid Karzai confirmed recently U.S. plans to set up permanent bases.
[00:19.400 --> 00:25.520]  Officially, U.S. troops are supposed to be out of Afghanistan by 2014.
[00:25.520 --> 00:29.880]  Police in Zimbabwe Saturday arrested 52 people at a meeting.
[00:29.880 --> 00:33.520]  of Zimbabwe's International Socialist Organization.
[00:33.520 --> 00:37.000]  The meeting held to discuss the recent uprisings in North Africa
[00:37.000 --> 00:40.520]  and the Middle East was infiltrated by state security.
[00:40.520 --> 00:45.160]  Students, union members and workers are being detained at Harare Central Prison
[00:45.160 --> 00:47.360]  and some have reportedly been beaten.
[00:47.360 --> 00:50.680]  Zimbabwe's ISO is calling for international pressure
[00:50.680 --> 00:52.960]  on the government to ensure their release.
[00:52.960 --> 00:59.040]  Palestinians are planning a day of rage Friday in response to the U.S. veto
[00:59.040 --> 01:03.520]  against the U.N. Security Council resolution condemning Israeli settlements.
[01:03.520 --> 01:07.160]  Anti-U.S. rallies took place throughout the West Bank this past weekend
[01:07.160 --> 01:12.400]  after the U.S. simid the rest of the council, voting against its own stated policy.
[01:12.400 --> 01:18.960]  The bodies of sweatshop workers who died in New York City's infamous Triangle Shirtwaist
[01:18.960 --> 01:23.120]  Company fire of 1911 have now been identified.
[01:23.120 --> 01:27.520]  The fire claimed the lives of 146 young immigrant workers,
[01:27.520 --> 01:31.040]  but until now only 140 have been identified.
[01:31.040 --> 01:34.760]  The victims who were locked inside the factory either burned to death
[01:34.760 --> 01:36.840]  or died leaping from the building.
[01:36.840 --> 01:41.920]  The bodies of the six unidentified dead were buried under a monument in Cemetery
[01:41.920 --> 01:44.960]  of the Evergreens straddling Brooklyn and Queens.
[01:44.960 --> 01:50.480]  Amateur genealogist Michael Hirst uncovered their names through historical research.
[01:50.480 --> 01:56.200]  Recent U.S. Department of Labor studies have found 63% of garment factories in New York
[01:56.200 --> 02:01.560]  and 67% in Los Angeles violate minimum wage and overtime laws.
[02:01.560 --> 02:04.560]  Ninety-seven percent of L.A. factories have workplace health
[02:04.560 --> 02:09.200]  and safety problems serious enough to lead to severe injuries or death.
[02:09.200 --> 02:14.680]  A Pakistani government minister says Raymond Davis, the U.S. official held
[02:14.680 --> 02:19.600]  in Pakistan after shooting dead two men, is a CIA agent who was
[02:19.600 --> 02:21.840]  on assignment at the time of the incident.
[02:21.840 --> 02:25.360]  Davis has been held for more than two weeks accused of murder
[02:25.360 --> 02:29.000]  after admitting he killed two men in Lahore in self-defense.
[02:29.000 --> 02:32.480]  The U.S. has insisted Davis is entitled to diplomatic immunity,
[02:32.480 --> 02:38.040]  arguing he's an administrative and technical official linked to his Lahore consulate.
[02:38.040 --> 02:43.080]  However, Rana Sanola, the Punjab law minister, told the U.K. Guardian,
[02:43.080 --> 02:47.320]  it's beyond the shadow of a doubt Davis is employed by the CIA.
[02:47.320 --> 02:52.160]  A Pakistan court has ordered the arrest of a second U.S. consulate employee who ran
[02:52.160 --> 02:55.640]  over and killed a third man as he sped to pick up Davis.
[03:22.160 --> 03:33.800]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do, whatcha gonna do,
[03:33.800 --> 03:39.360]  when the sheriff's unbroken for you?
[03:39.360 --> 03:47.400]  Tell me, whatcha gonna do, whatcha gonna do, yeah?
[03:47.400 --> 03:51.520]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do,
[03:51.520 --> 03:52.920]  when they come for you?
[03:52.920 --> 03:58.560]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do, when they come for you?
[03:58.560 --> 04:04.080]  When you were eight and you had bad dreams, you go to school and learn the golden rule.
[04:04.080 --> 04:06.760]  So why are you acting like a bloody fool?
[04:06.760 --> 04:09.280]  And if you get hot, then you must get cool.
[04:09.280 --> 04:10.120]  Bad boys, bad boys, bad boys...
[04:10.120 --> 04:11.440]  Alright, folks, good evening.
[04:11.440 --> 04:13.120]  This is Rule of Law Radio.
[04:13.120 --> 04:16.120]  This is Eddie Craig, Ben Stevens, Randy Kelton.
[04:16.120 --> 04:22.120]  It is Monday night, traffic night, February 21st, 2011.
[04:22.120 --> 04:24.720]  Okay, tonight's show, we're gonna talk a little bit,
[04:24.720 --> 04:31.280]  starting off with the dissection of some parts of the administrative code.
[04:31.280 --> 04:34.760]  Now, for those of you who don't understand what the administrative code is,
[04:34.760 --> 04:38.640]  it is not specifically statute.
[04:38.640 --> 04:44.200]  It is not enacted or created specifically by the legislature of the state,
[04:44.200 --> 04:46.440]  at least not in Texas.
[04:46.440 --> 04:51.200]  The administrative code is the rule book that is put together
[04:51.200 --> 04:56.360]  by the individual agencies themselves.
[04:56.360 --> 05:02.440]  This is their understanding of what the law allows them to do
[05:02.440 --> 05:06.360]  and how it allows them to do it.
[05:06.360 --> 05:11.840]  So basically speaking, it is the foundational regulations
[05:11.840 --> 05:16.320]  that the agencies of the state use
[05:16.320 --> 05:20.560]  to do whatever their allocated function is.
[05:20.560 --> 05:23.120]  So when you see the transportation code,
[05:23.120 --> 05:28.040]  it is based upon the regulations created by the agency themselves
[05:28.040 --> 05:30.520]  within the administrative code
[05:30.520 --> 05:34.200]  and certain other acts by the legislature
[05:34.200 --> 05:38.920]  that relate to the duties given under the administrative code
[05:38.920 --> 05:42.280]  and the particular agency's understanding of it.
[05:42.280 --> 05:44.960]  Now, I know that sounds a little bit confusing and it can be,
[05:44.960 --> 05:47.360]  and I'm pretty sure it's intentional,
[05:47.360 --> 05:51.600]  but that's the way the cookie crumbles as it goes.
[05:51.600 --> 05:55.440]  This is their interpretation of what their duties are.
[05:55.440 --> 05:57.640]  That's the important thing.
[05:57.640 --> 05:59.840]  Now, you would think when you go to court
[05:59.840 --> 06:05.600]  that a particular agency's interpretation of what their authority is
[06:05.600 --> 06:08.920]  would tend to carry some weight.
[06:08.920 --> 06:11.200]  But then again, you have to have a judge
[06:11.200 --> 06:14.160]  that's willing to actually abide by the law
[06:14.160 --> 06:16.720]  to understand whose particular duty it is
[06:16.720 --> 06:19.720]  to do something under a particular law
[06:19.720 --> 06:23.600]  and, of course, enforce it in the way that the Constitution
[06:23.600 --> 06:29.160]  and the legislature and the laws themselves intended it to be done
[06:29.160 --> 06:33.960]  before we actually see anything proper come out of it.
[06:33.960 --> 06:36.000]  In other words, we're living in a pipe dream
[06:36.000 --> 06:38.960]  if we expect that to happen in these lower courts.
[06:38.960 --> 06:41.920]  They're going to do everything possible to do what they want
[06:41.920 --> 06:44.320]  instead of what they're required to do,
[06:44.320 --> 06:46.800]  which is part of the reason why I'm going through the process
[06:46.800 --> 06:48.840]  of trying to take some of these motions
[06:48.840 --> 06:52.320]  and convert them into actual affidavits
[06:52.320 --> 06:56.760]  that can be filed in conjunction with the motions.
[06:56.760 --> 06:59.640]  And once we start filing these as affidavits
[06:59.640 --> 07:03.280]  and once they fail to rebut them as affidavits,
[07:03.280 --> 07:08.080]  they're going to develop a whole new series of problems for themselves.
[07:08.080 --> 07:12.080]  And what we, the general public, are going to have to do
[07:12.080 --> 07:15.640]  is we're going to have to use that failure against them.
[07:15.640 --> 07:21.360]  We are going to have to go after them specifically, intentionally,
[07:21.360 --> 07:24.120]  and with full intent to make them so broke
[07:24.120 --> 07:27.080]  they can't even pay attention.
[07:27.080 --> 07:29.880]  We need to hit them where it's going to hurt them the worst,
[07:29.880 --> 07:35.480]  right in the wallet, their own personal wallet.
[07:35.480 --> 07:38.520]  And when these people act outside of their lawful authority,
[07:38.520 --> 07:43.480]  they are giving us every opportunity to do just that.
[07:43.480 --> 07:46.080]  Now, let me give you some examples.
[07:46.080 --> 07:51.640]  We're going to look at chapter four out of my Texas Transportation Code,
[07:51.640 --> 07:54.240]  The Law Versus the Live Book from the traffic seminar.
[07:54.240 --> 07:57.160]  And I'm going to go over a couple of things out of this.
[07:57.160 --> 07:59.800]  And it's going to be specific to the administrative code
[07:59.800 --> 08:02.440]  and the Department of Public Safety's duties
[08:02.440 --> 08:07.520]  as they understand them within the administrative code.
[08:07.520 --> 08:13.720]  Now, this code contains what I believe to be the base level hierarchy
[08:13.720 --> 08:16.560]  that every government agency uses,
[08:16.560 --> 08:20.000]  that at least the ones that are in the administrative code,
[08:20.000 --> 08:22.480]  to determine what they can and cannot do
[08:22.480 --> 08:26.080]  and how they must do it
[08:26.080 --> 08:30.040]  and the authority they have while they're doing it.
[08:30.040 --> 08:33.040]  This is their understanding, remember that.
[08:33.040 --> 08:35.160]  Now, whenever you hear me say department,
[08:35.160 --> 08:39.640]  we are referring to the Department of Public Safety of the State of Texas
[08:39.640 --> 08:43.680]  as the legal definition of department out of the statutes.
[08:43.680 --> 08:47.880]  Now, I'm going to read to you Texas Administrative Code Title 37,
[08:47.880 --> 08:50.320]  which is Public Safety and Corrections,
[08:50.320 --> 08:55.240]  Part One, which is specific to the Texas Department of Public Safety,
[08:55.240 --> 08:59.960]  Chapter One, which deals with the organization and administration
[08:59.960 --> 09:02.800]  of the Texas Department of Public Safety,
[09:02.800 --> 09:08.040]  and Subchapter B of Chapter One, which is Basic Doctrine
[09:08.040 --> 09:11.240]  for the Texas Department of Public Safety.
[09:11.240 --> 09:18.600]  Now, Rule 1.11, Basic Doctrines, Subsection A,
[09:18.600 --> 09:22.520]  the Department of Public Safety accepts its responsibilities
[09:22.520 --> 09:26.200]  as a public trust.
[09:26.200 --> 09:31.840]  It is our policy to discharge with dispatch any responsibility
[09:31.840 --> 09:38.040]  to the fullest extent with maximum benefit for the public.
[09:38.040 --> 09:39.800]  Okay?
[09:39.800 --> 09:42.520]  Now, how are they doing that when they're using an authority
[09:42.520 --> 09:45.680]  over the public that the law doesn't give them?
[09:45.680 --> 09:48.280]  How is that benefiting the public?
[09:48.280 --> 09:53.920]  It's not, it's benefiting the state through theft and fraud.
[09:53.920 --> 09:55.560]  It's not benefiting us.
[09:55.560 --> 09:59.000]  Don't be fooled by that because it's not.
[09:59.000 --> 10:02.840]  Subsection B, it is the policy of the department
[10:02.840 --> 10:07.760]  to afford maximum courtesy, service, and protection
[10:07.760 --> 10:12.080]  to all citizens and visitors in this state.
[10:12.080 --> 10:15.200]  Now, there's that phrase that Harmon Taylor was talking about
[10:15.200 --> 10:19.160]  on the show Friday night, in this state.
[10:19.160 --> 10:23.200]  This is an area that's not the geographical boundaries
[10:23.200 --> 10:26.200]  of the state of Texas, okay?
[10:26.200 --> 10:28.400]  Just be aware of that.
[10:28.400 --> 10:31.680]  It is the political state that they're referring to.
[10:31.680 --> 10:37.720]  It is not the geographic or the organic constitutional state.
[10:37.720 --> 10:41.280]  It is the political state.
[10:41.280 --> 10:44.440]  Now, if we're going to get into the object describing
[10:44.440 --> 10:48.640]  the political state, then consider it like this.
[10:48.640 --> 10:53.080]  The political state is not just the body of government,
[10:53.080 --> 10:55.960]  but the same objects and entities
[10:55.960 --> 11:00.120]  over which the people gave the body of government authority
[11:00.120 --> 11:02.120]  to enact legislation.
[11:02.120 --> 11:05.360]  In other words, we gave the legislature specific authority
[11:05.360 --> 11:08.640]  to regulate things that could harm the people,
[11:08.640 --> 11:12.400]  not the people themselves.
[11:12.400 --> 11:14.800]  We gave them the authority to protect us
[11:14.800 --> 11:17.600]  from certain unscrupulous individuals
[11:17.600 --> 11:20.560]  or legal entities such as corporations,
[11:20.560 --> 11:22.800]  which prey upon the general public,
[11:22.800 --> 11:26.240]  have no morals, have no principles, have no God,
[11:26.240 --> 11:28.320]  have no fear, have no belief,
[11:28.320 --> 11:32.920]  have no corporal being in which to be punished.
[11:32.920 --> 11:36.280]  That was the purpose for the creation of government.
[11:36.280 --> 11:41.600]  It wasn't to dictate to you and I what our lives must involve
[11:41.600 --> 11:45.600]  every moment of every day, okay?
[11:45.600 --> 11:50.080]  Now, subsection C, the department recognizes
[11:50.080 --> 11:53.920]  that government exists for the benefit of the governed,
[11:53.920 --> 11:56.840]  the people, or isn't that nice?
[11:56.840 --> 12:00.000]  They certainly don't act like it.
[12:00.000 --> 12:04.200]  Enforcement and regulatory actions against persons.
[12:04.200 --> 12:07.000]  Now, notice it didn't say people this time.
[12:07.000 --> 12:10.640]  It went from benefit of the governed, the people,
[12:10.640 --> 12:16.080]  to the regulatory actions against persons
[12:16.080 --> 12:20.240]  are carried out for the benefit of society as a whole.
[12:20.240 --> 12:22.240]  Now, that right there is a description
[12:22.240 --> 12:26.400]  of exactly what I just said the purpose of government is,
[12:26.400 --> 12:29.720]  to regulate those entities that would otherwise
[12:29.720 --> 12:35.520]  cause a harm to society as a whole.
[12:35.520 --> 12:39.560]  Now, given that, we'll continue.
[12:39.560 --> 12:42.760]  The department does not act to adjudicate
[12:42.760 --> 12:46.960]  or rectify injustices, inequities,
[12:46.960 --> 12:50.880]  or wrongs between individuals.
[12:50.880 --> 12:51.960]  You got that?
[12:51.960 --> 12:55.640]  This right here says it is not their job
[12:55.640 --> 13:01.560]  to get into anything involving individuals.
[13:01.560 --> 13:07.720]  That's exactly what this is telling us, all right?
[13:07.720 --> 13:10.880]  Now, let's see.
[13:10.880 --> 13:14.960]  But acts only to maintain order for the preservation
[13:14.960 --> 13:20.760]  and protection of society as a whole.
[13:20.760 --> 13:25.400]  Subsection D, it is a solemn obligation
[13:25.400 --> 13:27.800]  of members of the department to uphold
[13:27.800 --> 13:33.000]  the constitutions of the United States and the state of Texas,
[13:33.000 --> 13:38.600]  as well as to enforce the statutory enactments.
[13:38.600 --> 13:41.800]  Constitutional provisions take precedence
[13:41.800 --> 13:44.360]  over statutory enactments.
[13:44.360 --> 13:48.080]  Even the DPS admits they know this.
[13:48.080 --> 13:51.960]  In the enforcement of the provisions of a statute,
[13:51.960 --> 13:55.000]  personnel of the Department of Public Safety
[13:55.000 --> 13:59.440]  will refrain from infringing upon any rights or privileges
[13:59.440 --> 14:03.920]  guaranteed by the constitutions.
[14:03.920 --> 14:06.360]  They know what they're supposed to be doing.
[14:06.360 --> 14:09.920]  Why aren't they doing it?
[14:09.920 --> 14:11.600]  Well, I'll tell you why.
[14:11.600 --> 14:15.320]  Because the courts are giving them a free rein
[14:15.320 --> 14:17.280]  to violate their own rules.
[14:19.960 --> 14:21.880]  They're not slapping them on the wrist.
[14:21.880 --> 14:23.520]  They're not paddling their behinds.
[14:23.520 --> 14:25.520]  They're not putting them in the corner.
[14:25.520 --> 14:29.120]  They're not taking away their property and personal lawsuits
[14:29.120 --> 14:32.160]  for doing harm to the general public.
[14:32.160 --> 14:33.440]  And they should be.
[14:36.640 --> 14:39.760]  The DPS knows they're not supposed
[14:39.760 --> 14:45.960]  to be interfering with the rights of the public.
[14:45.960 --> 14:50.440]  And yet, we see them doing it every single day.
[14:50.440 --> 14:54.560]  Subsection E, the department recognizes
[14:54.560 --> 14:57.360]  that the basic responsibility for the enforcement
[14:57.360 --> 15:01.200]  of the criminal laws rests with the local officers
[15:01.200 --> 15:05.440]  in their respective jurisdictions.
[15:05.440 --> 15:07.600]  It is the policy of the department
[15:07.600 --> 15:11.880]  to cooperate with and assist local officers fully
[15:11.880 --> 15:16.120]  in these matters, but to leave the basic responsibility
[15:16.120 --> 15:20.160]  to them, unless specifically assigned to do otherwise.
[15:20.160 --> 15:26.760]  Otherwise, it is the, subsection F,
[15:26.760 --> 15:28.720]  it is the policy of the department
[15:28.720 --> 15:34.560]  to assume primary responsibility for traffic supervision
[15:34.560 --> 15:38.240]  on the rural highways of this state,
[15:38.240 --> 15:42.120]  including the regulation, notice,
[15:42.120 --> 15:46.680]  regulation versus supervision, including
[15:46.680 --> 15:52.360]  the regulation of commercial traffic.
[15:52.360 --> 15:55.600]  They know, people.
[15:55.600 --> 15:59.600]  They know that there is a difference.
[15:59.600 --> 16:03.760]  They supervise rural highway traffic
[16:03.760 --> 16:06.600]  and travel for the purpose of safety.
[16:06.600 --> 16:08.320]  In other words, we've got a bridge out.
[16:08.320 --> 16:09.160]  There's a detour.
[16:09.160 --> 16:10.200]  Go that way.
[16:10.200 --> 16:11.400]  There's an accident ahead.
[16:11.400 --> 16:12.360]  The road is closed.
[16:12.360 --> 16:13.280]  We've got to clean up.
[16:13.280 --> 16:15.360]  Go that way.
[16:15.360 --> 16:16.520]  OK?
[16:16.520 --> 16:19.880]  But regulation is everything else.
[16:19.880 --> 16:20.800]  Need your license.
[16:20.800 --> 16:21.840]  Need your insurance.
[16:21.840 --> 16:22.760]  You were speeding.
[16:22.760 --> 16:23.800]  You ran a red light.
[16:23.800 --> 16:25.800]  You ran a stop sign.
[16:25.800 --> 16:26.640]  That's regulation.
[16:29.800 --> 16:33.200]  And that regulation, according to the administrative code
[16:33.200 --> 16:37.520]  and their understanding, is limited to commercial traffic.
[16:37.520 --> 16:39.040]  We'll get into that a little bit more
[16:39.040 --> 16:40.920]  on the other side of the break.
[16:40.920 --> 16:43.280]  All right, this is Rule of Law Radio.
[16:43.280 --> 16:47.160]  512-646-1984 is the call-in number.
[16:47.160 --> 16:49.240]  We'll start taking calls after the next segment.
[16:49.240 --> 16:50.640]  So y'all hang in there.
[16:50.640 --> 16:51.800]  And let's get lined up.
[16:51.800 --> 16:52.720]  We'll be right back.
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[18:46.640 --> 18:49.440]  Or email michaelmears at yahoo.com.
[18:49.440 --> 18:51.800]  That's ruleoflawradio.com.
[18:51.800 --> 18:57.240]  Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com
[18:57.240 --> 18:59.680]  to learn how to stop debt collectors now.
[18:59.680 --> 19:16.920]  All right, folks, we are back.
[19:16.920 --> 19:18.760]  Sorry if I was getting a little loud there.
[19:18.760 --> 19:21.280]  You know this stuff can get in the irate and up the sep.
[19:21.280 --> 19:23.600]  What people do to do good things, especially when they're
[19:23.600 --> 19:26.840]  supposed to be working for us instead of against us.
[19:26.840 --> 19:29.560]  OK, let's go just a little bit further here.
[19:29.560 --> 19:32.120]  Subsection G, the department will
[19:32.120 --> 19:34.960]  cooperate with all governmental agencies
[19:34.960 --> 19:37.440]  discharging statutory duties when
[19:37.440 --> 19:40.640]  assistance complies with state law and departmental policies
[19:40.640 --> 19:42.000]  and regulations.
[19:42.000 --> 19:44.840]  Now remember, we are in the administrative code,
[19:44.840 --> 19:50.240]  which is the individual state agency's particular chapters
[19:50.240 --> 19:53.480]  relating to their understanding of what
[19:53.480 --> 19:58.840]  their duties and authority under the legislative enactments are.
[19:58.840 --> 20:04.320]  Subsection H of Rule 1.11, it is the policy of the department
[20:04.320 --> 20:07.920]  to assign available manpower in any field service
[20:07.920 --> 20:10.000]  to the areas of the state in proportion
[20:10.000 --> 20:12.920]  to the amount of statewide problem of that service
[20:12.920 --> 20:16.840]  existing in any particular area so that the department may,
[20:16.840 --> 20:20.000]  as nearly as practicable, render to all citizens
[20:20.000 --> 20:23.160]  their equitable share of the service available.
[20:23.160 --> 20:24.200]  OK, well, that's great.
[20:24.200 --> 20:25.800]  Now if only they could learn to tell
[20:25.800 --> 20:29.880]  the difference between commercial and non-commercial automobiles
[20:29.880 --> 20:33.760]  and motor vehicles, respectively as it is.
[20:33.760 --> 20:35.520]  Not respectively, sorry.
[20:35.520 --> 20:38.840]  The Department and the Administrative Procedure Act.
[20:38.840 --> 20:42.320]  The Department of Public Safety, in case you didn't know,
[20:42.320 --> 20:44.800]  according to the Texas Transportation Code
[20:44.800 --> 20:49.760]  and the Texas Administrative Act codified in Government Code
[20:49.760 --> 20:54.240]  Chapter 2001, makes it very, very clear
[20:54.240 --> 20:56.040]  that the Department of Public Safety
[20:56.040 --> 21:00.280]  is, in fact, a state administrative agency.
[21:00.280 --> 21:02.480]  They create the rules and regulations
[21:02.480 --> 21:09.400]  that govern their interpretation and enforcement of the statutes.
[21:09.400 --> 21:11.240]  They make all those rules.
[21:11.240 --> 21:12.840]  They wrote the information that's
[21:12.840 --> 21:14.960]  here in the administrative code that much
[21:14.960 --> 21:18.360]  of what goes on in the other codes deals with.
[21:18.360 --> 21:20.240]  So they create the regulations.
[21:20.240 --> 21:24.120]  That makes them, by definition, a state administrative agency
[21:24.120 --> 21:25.880]  for that purpose.
[21:25.880 --> 21:30.160]  Now what this means is that they are then
[21:30.160 --> 21:35.680]  subject to the provisions of the Administrative Procedures Act
[21:35.680 --> 21:39.280]  under Chapter 2001 Government Code.
[21:39.280 --> 21:42.120]  Now some would say that, well, then the courts would be too,
[21:42.120 --> 21:44.480]  because the courts also make rules governing
[21:44.480 --> 21:45.880]  their particular process.
[21:45.880 --> 21:50.560]  Well, that would be true, except the Administrative Procedures
[21:50.560 --> 21:54.280]  Act specifically excludes the courts
[21:54.280 --> 21:59.200]  as being state administrative agencies.
[21:59.200 --> 22:01.720]  Now the reason this is important is
[22:01.720 --> 22:05.120]  because the administrative code clearly
[22:05.120 --> 22:09.320]  shows, as does the Administrative Procedures Act,
[22:09.320 --> 22:14.080]  that when there is a contested case involving something
[22:14.080 --> 22:17.200]  over which a particular administrative agency has
[22:17.200 --> 22:26.560]  authority, then the courts lack jurisdiction to hear that case.
[22:26.560 --> 22:28.880]  Now there are some specific exceptions
[22:28.880 --> 22:32.560]  in the administrative code for this, but guess what?
[22:32.560 --> 22:35.480]  None of them apply to the particular things
[22:35.480 --> 22:40.280]  over which citations get issued to the general public.
[22:40.280 --> 22:42.400]  And buddy, if you think the majority of those
[22:42.400 --> 22:46.320]  are not contested cases, you're kidding yourself.
[22:46.320 --> 22:51.640]  So how does the judicial court maintain jurisdiction
[22:51.640 --> 22:54.120]  by what the legislature has decreed
[22:54.120 --> 22:58.880]  is an administrative necessity under the Administrative
[22:58.880 --> 23:00.640]  Procedures Act?
[23:00.640 --> 23:03.960]  The case should be heard in the administrative court that's
[23:03.960 --> 23:05.000]  here in Austin.
[23:05.000 --> 23:08.440]  There's only one, but it's not.
[23:08.440 --> 23:10.440]  It's sent into the judicial courts
[23:10.440 --> 23:13.560]  in every county and municipality in Texas.
[23:13.560 --> 23:15.720]  How is that possible?
[23:15.720 --> 23:19.160]  Because the lower courts ignore the law,
[23:19.160 --> 23:22.760]  as do the higher courts for the most part in this regard.
[23:22.760 --> 23:26.240]  But we're working on a way to make that change.
[23:26.240 --> 23:29.440]  Now the other rule you're going to want to learn about
[23:29.440 --> 23:33.720]  is Rule 4.13 of the Texas Administrative Code.
[23:33.720 --> 23:37.400]  And I'll tell you why 4.13 is so nice.
[23:37.400 --> 23:42.840]  4.13 is absolutely the clearest of the rules
[23:42.840 --> 23:48.160]  on what the Department of Public Safety does.
[23:48.160 --> 23:51.280]  Basically what it does is it goes through 4.13
[23:51.280 --> 23:56.120]  and it's titled Subchapter B, Regulations Governing
[23:56.120 --> 23:58.320]  Transportation Safety.
[23:58.320 --> 24:01.440]  Now this is Subchapter B. But pay attention
[24:01.440 --> 24:04.160]  to what Subchapter B comes under.
[24:04.160 --> 24:09.640]  It comes under Chapter 4, Commercial Vehicle Regulations
[24:09.640 --> 24:13.320]  and Enforcement Procedures.
[24:13.320 --> 24:15.560]  Now you know why this is important?
[24:15.560 --> 24:18.240]  You would say, well, that says commercial.
[24:18.240 --> 24:19.520]  That wouldn't apply to me.
[24:19.520 --> 24:22.120]  I'm not commercial, so obviously that's wrong.
[24:22.120 --> 24:25.400]  You shouldn't be reading that in relation to us
[24:25.400 --> 24:27.400]  as the general public.
[24:27.400 --> 24:31.880]  Well, let me explain why that's a misconception.
[24:31.880 --> 24:39.560]  This is the only chapter dealing with enforcement
[24:39.560 --> 24:43.520]  that's allocated to the Department of Public Safety.
[24:43.520 --> 24:46.280]  There is not another chapter in here
[24:46.280 --> 24:51.600]  dealing with enforcement of vehicle regulations.
[24:51.600 --> 24:55.200]  It's all right here in Chapter 4.
[24:55.200 --> 24:57.520]  The only other chapters that are in here
[24:57.520 --> 25:01.400]  deal with some of the regulatory programs,
[25:01.400 --> 25:07.320]  such as driver's licensing and registration.
[25:07.320 --> 25:11.760]  But they're all dealing with commercial motor vehicles,
[25:11.760 --> 25:14.880]  every last one of them.
[25:14.880 --> 25:19.520]  Now if that's true, and the Department of Public Safety
[25:19.520 --> 25:21.960]  in the transportation code, when you
[25:21.960 --> 25:24.200]  deal with every single chapter that
[25:24.200 --> 25:27.600]  involves any of these things, Chapter 521
[25:27.600 --> 25:32.080]  with a driver's license, for instance, 502 for registration,
[25:32.080 --> 25:37.680]  548 for inspection, or 601 for insurance,
[25:37.680 --> 25:41.080]  when you look at each and every one of these,
[25:41.080 --> 25:44.960]  it specifically states that Department
[25:44.960 --> 25:48.240]  means the Department of Public Safety,
[25:48.240 --> 25:56.200]  or Department means the Department of Transportation.
[25:56.200 --> 26:00.240]  So if these are the head agencies governing
[26:00.240 --> 26:03.800]  the rules and regulation for that chapter
[26:03.800 --> 26:07.720]  under the transportation code, then
[26:07.720 --> 26:12.680]  how can the individual municipalities and sheriff's
[26:12.680 --> 26:16.440]  departments automatically glean authority
[26:16.440 --> 26:20.840]  to enforce these laws when they are not
[26:20.840 --> 26:23.560]  Department of Public Safety?
[26:23.560 --> 26:27.560]  Well, the only way would be, reasonably speaking,
[26:27.560 --> 26:30.800]  is that there either is specific statute enacted
[26:30.800 --> 26:34.160]  that says everybody can do it, or there
[26:34.160 --> 26:36.440]  is specific statute enacted saying
[26:36.440 --> 26:38.200]  how the Department of Public Safety
[26:38.200 --> 26:43.200]  can delegate the authority to somebody to do it.
[26:43.200 --> 26:47.200]  Guess which one exists?
[26:47.200 --> 26:50.480]  The only one that exists is the second one,
[26:50.480 --> 26:55.840]  with one minor exception, which deals with Chapter 543.
[26:55.840 --> 27:00.840]  And 543 exists solely when and for the purpose
[27:00.840 --> 27:04.640]  of those that engage in commerce,
[27:04.640 --> 27:08.080]  commit a violation of the rules that govern
[27:08.080 --> 27:12.080]  that regulatable activity.
[27:12.080 --> 27:15.080]  So when it says that a peace officer can violate
[27:15.080 --> 27:20.680]  any person found committing a violation of this subchapter,
[27:20.680 --> 27:23.520]  the only people that can commit a violation
[27:23.520 --> 27:26.120]  are those that have made themselves
[27:26.120 --> 27:29.600]  a part of the statutes governing transportation.
[27:33.040 --> 27:34.880]  And those people are the ones that
[27:34.880 --> 27:36.960]  went out and happily signed their name
[27:36.960 --> 27:40.280]  at the bottom of a driver's license application
[27:40.280 --> 27:45.640]  and a registration form and an insurance card
[27:45.640 --> 27:50.280]  that pays for anything happening to their motor vehicle
[27:50.280 --> 27:55.520]  that they registered.
[27:55.520 --> 27:58.440]  Is it starting to jail yet, folks?
[27:58.440 --> 28:02.080]  Do you understand why things are worded the way they are
[28:02.080 --> 28:03.560]  and talked about the way they are
[28:03.560 --> 28:06.240]  and set up the way they are?
[28:06.240 --> 28:12.120]  It's to give an impression more expansive than the reality
[28:12.120 --> 28:13.640]  behind it.
[28:13.640 --> 28:17.560]  The reality is the statutes show that everything they do
[28:17.560 --> 28:23.240]  is specifically limited to commercial activity.
[28:23.240 --> 28:27.120]  The dream world is they believe it applies to everyone
[28:27.120 --> 28:30.640]  and everything.
[28:30.640 --> 28:36.560]  So let's look at who is sane and who isn't here.
[28:36.560 --> 28:41.280]  We deal strictly with what the law says these things are,
[28:41.280 --> 28:43.880]  who's in charge of them, why they're in charge of them,
[28:43.880 --> 28:47.880]  how they're in charge of them, and what it applies to.
[28:47.880 --> 28:51.000]  And then the law enforcement personnel in the courts
[28:51.000 --> 28:54.000]  completely disregard the written law
[28:54.000 --> 28:58.560]  to go strictly off their own impression and belief
[28:58.560 --> 29:02.960]  and interpretation of their own belief
[29:02.960 --> 29:04.720]  rather than the written law.
[29:04.720 --> 29:09.280]  And we're the ones that are not understanding.
[29:09.280 --> 29:12.120]  Something seriously stinks in the state of Denmark,
[29:12.120 --> 29:14.680]  as the old saying goes.
[29:14.680 --> 29:17.280]  I mean, how ignorant are these folks
[29:17.280 --> 29:19.640]  when you show them what's right in front of them
[29:19.640 --> 29:23.240]  and they completely ignore it out of habit?
[29:23.240 --> 29:25.120]  No, that can't be the way it is.
[29:25.120 --> 29:27.360]  We've been doing it this way for so long.
[29:27.360 --> 29:30.000]  Let me ask you folks something.
[29:30.000 --> 29:33.400]  If you got up every day and went and slammed your head
[29:33.400 --> 29:36.160]  in the front door because it's the way you were taught,
[29:36.160 --> 29:37.760]  wouldn't you look forward to the day
[29:37.760 --> 29:42.640]  when somebody showed you it wasn't necessary?
[29:42.640 --> 29:44.360]  All right, folks, we'll be back in just a minute.
[29:44.360 --> 29:48.040]  This is Rule of Law Radio 512-646-1984
[29:48.040 --> 29:49.000]  as a call-in number.
[29:49.000 --> 29:51.560]  We'll start taking your calls on the other side of the break.
[29:51.560 --> 29:52.760]  We will be right back.
[29:59.960 --> 30:02.440]  The Rule of Law Radio Network is proud to present
[30:02.440 --> 30:06.120]  a due process of law seminar hosted by our own Eddie Craig.
[30:06.120 --> 30:08.720]  Eddie is a former Nacogdoches County Sheriff's Deputy
[30:08.720 --> 30:11.520]  and for the past 21 years, he has studied the due process
[30:11.520 --> 30:13.480]  of law and now offers his knowledge to you
[30:13.480 --> 30:16.040]  at a law seminar every Saturday from three o'clock
[30:16.040 --> 30:17.840]  to six o'clock at Brave New Books,
[30:17.840 --> 30:21.240]  located at 1904 Guadalupe Street in Austin, Texas.
[30:21.240 --> 30:24.600]  Admission is $20, so please make plans to come and sit
[30:24.600 --> 30:26.040]  with Eddie and learn for yourself
[30:26.040 --> 30:28.760]  what the true intent of law really is.
[30:29.840 --> 30:32.400]  When you surf the internet, you may get the false impression
[30:32.400 --> 30:34.720]  that you're alone, but advertisers are likely
[30:34.720 --> 30:36.680]  to be watching and a Gallup poll says,
[30:36.680 --> 30:38.400]  we don't like it one bit.
[30:38.400 --> 30:40.040]  I'm Dr. Catherine Albrecht and I'll be back
[30:40.040 --> 30:42.320]  to tell you more in just a moment.
[30:42.320 --> 30:44.480]  Your search engine is watching you,
[30:44.480 --> 30:47.960]  recording all your searches and creating a massive database
[30:47.960 --> 30:49.800]  of your personal information.
[30:49.800 --> 30:50.680]  That's creepy.
[30:50.680 --> 30:52.600]  But it doesn't have to be that way.
[30:52.600 --> 30:55.760]  Startpage.com is the world's most private search engine.
[30:55.760 --> 30:58.080]  Startpage doesn't store your IP address,
[30:58.080 --> 31:00.680]  make a record of your searches or use tracking cookies
[31:00.680 --> 31:02.280]  and they're third party certified.
[31:02.280 --> 31:04.800]  If you don't like big brother spying on you,
[31:04.800 --> 31:06.640]  start over with Startpage.
[31:06.640 --> 31:09.160]  Great search results and total privacy.
[31:09.160 --> 31:12.640]  Startpage.com, the world's most private search engine.
[31:12.640 --> 31:14.080]  According to a new Gallup poll,
[31:14.080 --> 31:16.280]  most Americans are not aware they're being trapped
[31:16.280 --> 31:18.160]  and profiled as they surf the internet,
[31:18.160 --> 31:20.040]  but they clearly hate the idea.
[31:20.040 --> 31:23.120]  Researchers ask internet users if advertisers should be allowed
[31:23.120 --> 31:26.640]  to customize online ads to match the websites they visited.
[31:26.640 --> 31:29.040]  67% said no.
[31:29.040 --> 31:32.360]  Nevertheless, advertisers continue their stealthy ways.
[31:32.360 --> 31:34.680]  Here are three tips to stop the snooping.
[31:34.680 --> 31:37.760]  Number one, stick to privacy friendly websites when possible,
[31:37.760 --> 31:39.360]  especially for web searches.
[31:39.360 --> 31:41.200]  Your search terms reveal a lot about you,
[31:41.200 --> 31:43.360]  like your interests and your medical conditions.
[31:43.360 --> 31:45.640]  Number two, delete tracking cookies.
[31:45.640 --> 31:48.200]  And number three, visit websites through a proxy
[31:48.200 --> 31:50.680]  like the one at Startpage.com.
[31:50.680 --> 31:51.840]  I'm Dr. Catherine Albrecht.
[31:51.840 --> 31:54.640]  More news and information at CatherineAlbrecht.com.
[31:54.640 --> 32:11.080]  Yeah, I got a warrant, and I'm going to solve them,
[32:11.080 --> 32:15.720]  to help government them, prosecute them.
[32:15.720 --> 32:16.200]  OK.
[32:16.200 --> 32:22.160]  All right, all set.
[32:22.160 --> 32:27.160]  Take a sense of rest for Mr. Bush.
[32:27.160 --> 32:31.160]  Take a sense of rest for Dick Cheney.
[32:31.160 --> 32:35.160]  Well, I need a prosecutor to come and help me prosecute
[32:35.160 --> 32:36.160]  them wicked leader.
[32:36.160 --> 32:38.160]  Yeah, you see, the memory of a liar,
[32:38.160 --> 32:41.640]  them tell me, them a liar, not tell six stories.
[32:41.640 --> 32:44.120]  Me not believe me, say what them tell me.
[32:44.120 --> 32:49.840]  All right, folks, we are back.
[32:49.840 --> 32:52.480]  Architects, as we see there on the board, hang on just one
[32:52.480 --> 32:54.520]  second, we'll be right with you.
[32:54.520 --> 32:56.600]  Now, there is one other thing I'd like to tell you real
[32:56.600 --> 33:00.480]  quick and explain a phrase to you that you've heard probably
[33:00.480 --> 33:02.920]  many times in your life, and it's catch 22.
[33:02.920 --> 33:06.480]  And I'm going to tell you where that phrase originated and why.
[33:06.480 --> 33:09.760]  The phrase originated back in the days of World War I and
[33:09.760 --> 33:12.880]  II with the bomber pilots.
[33:12.880 --> 33:18.360]  And how it came about was that these pilots had to fly all of
[33:18.360 --> 33:20.920]  these dangerous bombing missions deep
[33:20.920 --> 33:24.360]  into enemy territory.
[33:24.360 --> 33:27.400]  They were dying by the droves because they were getting
[33:27.400 --> 33:28.960]  shot down by enemy fighters.
[33:28.960 --> 33:31.800]  But the bombing runs continued.
[33:31.800 --> 33:36.800]  Well, the military instituted a rule that stated very clearly
[33:36.800 --> 33:42.560]  that only an insane individual would continue to fly these
[33:42.560 --> 33:49.240]  types of dangerous missions, so that anyone that wished to
[33:49.240 --> 33:54.440]  declare themselves unfit should go to their HQ or their
[33:54.440 --> 33:57.360]  first sergeant and fill out the proper paperwork for a
[33:57.360 --> 34:00.880]  Section 8 to get out of the military.
[34:00.880 --> 34:04.240]  Well, when these bomber pilots lined up to fill out this
[34:04.240 --> 34:08.600]  paperwork, the Army turns around and says, the fact that
[34:08.600 --> 34:11.480]  you're here to fill out this paperwork shows that you are
[34:11.480 --> 34:14.600]  decidedly not insane because you're trying to
[34:14.600 --> 34:17.600]  get out of this duty.
[34:17.600 --> 34:22.080]  Hence the phrase catch 22.
[34:22.080 --> 34:25.200]  You're insane enough to fly the missions, but when you try to
[34:25.200 --> 34:28.200]  convince somebody you're insane enough by wanting to stop,
[34:28.200 --> 34:32.320]  that just proves you're sane enough to know you're sane.
[34:32.320 --> 34:35.720]  It's ridiculous, but that's a government mentality.
[34:35.720 --> 34:39.560]  And I'll bring that up because this is exactly the type of
[34:39.560 --> 34:41.960]  mentality we're dealing with in relation
[34:41.960 --> 34:45.040]  to the right to travel.
[34:45.040 --> 34:46.320]  All right, Debra, if you would please,
[34:46.320 --> 34:48.480]  would you bring up Mark?
[34:48.480 --> 34:49.600]  Hello?
[34:49.600 --> 34:51.000]  Hello, Mark.
[34:51.000 --> 34:51.600]  Hi.
[34:51.600 --> 34:54.000]  Yeah, I was listening to what you were saying, and I
[34:54.000 --> 34:57.240]  understand the mentality.
[34:57.240 --> 35:02.400]  For instance, when fire was first discovered in Caveman,
[35:02.400 --> 35:05.360]  let's say somebody showed a caveman a match and said, hey,
[35:05.360 --> 35:07.600]  caveman, there's a better way to do things, and showed him a
[35:07.600 --> 35:11.320]  match, and caveman said, no, I want to do it the hard way.
[35:11.320 --> 35:12.880]  Exactly.
[35:12.880 --> 35:19.480]  That's a big idea, but I called in because I had recently
[35:19.480 --> 35:27.040]  received a citation in my vehicle when I was allegedly I
[35:27.040 --> 35:30.320]  had ran a red light, apparently, and the officer was
[35:30.320 --> 35:32.360]  coming westbound, and I was going eastbound, and he
[35:32.360 --> 35:35.800]  couldn't have possibly seen the light turn red or anything
[35:35.800 --> 35:39.000]  like he said he did when it was actually yellow.
[35:39.000 --> 35:42.320]  But he pulled me over anyway, and then I didn't have my
[35:42.320 --> 35:46.600]  insurance on me or anything like that, so he was going to
[35:46.600 --> 35:47.160]  give me a ticket.
[35:47.160 --> 35:50.320]  Luckily, he showed up in a system that I had full
[35:50.320 --> 35:54.640]  coverage, but he let me off with that, and he let me off
[35:54.640 --> 35:59.880]  with a warning or on that or whatnot, which I pay for
[35:59.880 --> 36:01.520]  insurance.
[36:01.520 --> 36:05.000]  I was wondering if I could successfully argue that he
[36:05.000 --> 36:10.080]  didn't, with his own eyes, see the light turn red.
[36:10.080 --> 36:12.600]  Sure, you can make the argument if you're willing to
[36:12.600 --> 36:16.640]  fight it hard enough, but now here's the thing.
[36:16.640 --> 36:20.120]  The officer is familiar with the flow of traffic in either
[36:20.120 --> 36:25.120]  direction at these intersections usually.
[36:25.120 --> 36:26.880]  He knows what the timing of the lights are.
[36:26.880 --> 36:29.800]  If he works that particular stretch of road, he'll be very
[36:29.800 --> 36:33.120]  familiar with how the flow of traffic is supposed to go.
[36:33.120 --> 36:38.520]  Now, be that as it may, I can almost guarantee you what he's
[36:38.520 --> 36:39.280]  done.
[36:39.280 --> 36:42.000]  Now, was the officer stopped, or was he actually moving when
[36:42.000 --> 36:43.400]  you went through the light?
[36:43.400 --> 36:49.720]  No, he was coming westbound, and the light was yellow when I
[36:49.720 --> 36:51.920]  passed it, but he was coming in that direction.
[36:51.920 --> 36:56.080]  So his light had just turned green when I had just crossed
[36:56.080 --> 36:59.440]  over, and I guess he assumed that I ran the light.
[36:59.440 --> 37:02.600]  And that's where I just explained to him that I
[37:02.600 --> 37:03.360]  really ran the light.
[37:03.360 --> 37:06.360]  And he said, well, I saw you, and I said, OK, well, I'll
[37:06.360 --> 37:09.200]  just deal with it in court.
[37:09.200 --> 37:11.280]  I mean, I'm not going to argue with him on the street, or you
[37:11.280 --> 37:12.360]  know what I mean?
[37:12.360 --> 37:12.760]  Right.
[37:12.760 --> 37:15.560]  Well, he's going to attempt to say, I guarantee you, that
[37:15.560 --> 37:20.160]  his light was green when you came through the intersection.
[37:20.160 --> 37:23.000]  I guarantee you that's going to be the argument he
[37:23.000 --> 37:25.760]  attempts to make.
[37:25.760 --> 37:29.160]  How can I count on this argument?
[37:29.160 --> 37:31.520]  How would I even be able to counter such an argument?
[37:31.520 --> 37:34.320]  I mean, would he have proof, or would it just be his word
[37:34.320 --> 37:35.040]  against mine?
[37:35.040 --> 37:38.480]  He wouldn't have any proof unless his camera was active
[37:38.480 --> 37:42.480]  at the time in his car and could actually see you and
[37:42.480 --> 37:44.560]  the light at the intersection.
[37:44.560 --> 37:46.680]  That's the only way he could do it.
[37:46.680 --> 37:51.240]  So I mean, I'm sure once, because I've successfully
[37:51.240 --> 37:56.320]  won in court on a speeding ticket before, and what
[37:56.320 --> 37:59.480]  happened was when I pled not guilty, the prosecutor wanted
[37:59.480 --> 38:02.600]  to talk to me beforehand to try to work some deal out with
[38:02.600 --> 38:05.840]  me, but I knew I was right, so I didn't want to work a deal
[38:05.840 --> 38:08.440]  out, and that angered them.
[38:08.440 --> 38:13.080]  And I saw the officer and the prosecutor colluding with each
[38:13.080 --> 38:20.720]  other while we were in court and laughing and such.
[38:20.720 --> 38:23.680]  I knew they were in it to get me and get my money.
[38:23.680 --> 38:24.720]  Oh yeah, no doubt.
[38:24.720 --> 38:27.160]  So how would I do this?
[38:27.160 --> 38:29.240]  Should I take a deal from the prosecutor, or am I
[38:29.240 --> 38:30.640]  likely to prove my case?
[38:30.640 --> 38:32.840]  Or what's exactly?
[38:32.840 --> 38:34.560]  There's no way of knowing.
[38:34.560 --> 38:37.480]  It really all depends on the arguments you make to the jury
[38:37.480 --> 38:38.440]  and what they believe.
[38:38.440 --> 38:42.040]  But I will tell you this, demand a jury trial.
[38:42.040 --> 38:45.800]  Do not go into an Austin court with a judge alone.
[38:45.800 --> 38:52.520]  The odds of you winning exceed the ability to win the lottery.
[38:52.520 --> 38:54.400]  OK?
[38:54.400 --> 38:57.720]  Yeah, the only reason I won that is because when they took
[38:57.720 --> 39:01.440]  a recess on the speeding ticket, for some reason the
[39:01.440 --> 39:02.680]  officer didn't come back.
[39:02.680 --> 39:04.640]  I don't know what happened, but he just didn't come back,
[39:04.640 --> 39:07.600]  and there was no one to stand as witness against me.
[39:07.600 --> 39:08.320]  Right.
[39:08.320 --> 39:11.920]  Well, speeding tickets themselves are not hard to beat.
[39:11.920 --> 39:13.600]  You can move for a directed verdict.
[39:13.600 --> 39:16.000]  But now here's the thing.
[39:16.000 --> 39:19.720]  Odds are you will not even have to get to the merits of
[39:19.720 --> 39:21.840]  whether you ran the light or not.
[39:21.840 --> 39:23.680]  Odds are extremely good.
[39:23.680 --> 39:31.560]  In fact, they're virtually 100% that the court will not do
[39:31.560 --> 39:36.240]  what the law requires for them to get you in legally.
[39:36.240 --> 39:39.880]  They will violate your due process rights every single
[39:39.880 --> 39:44.120]  step of the way, which means you've got them over a barrel
[39:44.120 --> 39:47.440]  if you know how to make the argument and make it stick.
[39:47.440 --> 39:51.760]  So if I plead not guilty, would I, of the charge?
[39:51.760 --> 39:54.280]  First thing is you're not going to plea.
[39:54.280 --> 39:58.440]  If you plea, just go ahead and give them your money.
[39:58.440 --> 39:59.920]  So what do I do then?
[39:59.920 --> 40:02.960]  Because I have the ticket, and my court date's on the 28th,
[40:02.960 --> 40:05.800]  I think, or the 25th.
[40:05.800 --> 40:07.400]  When did you get the ticket?
[40:07.400 --> 40:10.440]  I got the ticket about two weeks ago or so.
[40:10.440 --> 40:12.920]  OK, first thing you want to do is go down to the court and
[40:12.920 --> 40:16.480]  demand a copy of everything that's in the court file and
[40:16.480 --> 40:20.080]  everything that's in the computer related to the case.
[40:20.080 --> 40:22.120]  They're going to want to argue with you, but stand your
[40:22.120 --> 40:24.680]  ground and say you have a right to have a copy of the
[40:24.680 --> 40:27.640]  information, everything that's in the folder.
[40:27.640 --> 40:30.000]  The actual court or a substation?
[40:30.000 --> 40:33.960]  No, the actual court that you've been told to report to.
[40:33.960 --> 40:35.240]  Don't go anywhere else.
[40:35.240 --> 40:38.480]  Go to the court you were told to report to.
[40:38.480 --> 40:41.160]  Now, I can almost guarantee you they're going to ask you if
[40:41.160 --> 40:43.160]  you will enter a plea at that time.
[40:43.160 --> 40:45.120]  Tell them, I am not here to plea.
[40:45.120 --> 40:48.440]  I am here to get information.
[40:48.440 --> 40:52.240]  And if they insist that you enter a plea, insist that you
[40:52.240 --> 40:55.760]  cannot enter a plea at this time.
[40:55.760 --> 40:57.240]  And don't.
[40:57.240 --> 41:00.920]  Get the information, and then I would highly recommend you
[41:00.920 --> 41:04.720]  scan it in and send it to me so I can look at it and give
[41:04.720 --> 41:08.200]  you some recommendations on what to do with it.
[41:08.200 --> 41:12.600]  Because I don't like deer hunting in the dark.
[41:12.600 --> 41:14.160]  Yeah, OK.
[41:14.160 --> 41:17.880]  So that's all I need to do is just get all the court files
[41:17.880 --> 41:21.080]  and they're going to argue with me and say, we can't give
[41:21.080 --> 41:23.200]  them to do it and everything else.
[41:23.200 --> 41:25.120]  And they're going to ask you to enter a plea over and over,
[41:25.120 --> 41:28.280]  especially if it's here in Austin or Williamson County or
[41:28.280 --> 41:29.760]  someplace like that.
[41:29.760 --> 41:32.880]  Don't enter a plea, OK?
[41:32.880 --> 41:34.200]  When would I enter a plea?
[41:34.200 --> 41:34.680]  Let's say if I do a plea.
[41:34.680 --> 41:36.840]  You're never going to enter a plea.
[41:36.840 --> 41:39.600]  You're going to make the judge do it for you so that the
[41:39.600 --> 41:42.720]  judge will give you one more due process violation to
[41:42.720 --> 41:44.760]  hammer them over the head with.
[41:44.760 --> 41:48.880]  The objective here is to get them to screw you over so
[41:48.880 --> 41:52.560]  well, and you make your record so well to prove that's what
[41:52.560 --> 41:56.720]  they did, that the next thing they see is you on the opposite
[41:56.720 --> 41:59.080]  side, suing the crap out of them.
[41:59.080 --> 42:02.680]  Because that's what it's going to take to fix this problem.
[42:02.680 --> 42:06.080]  OK, yeah, I really appreciate your show and everything.
[42:06.080 --> 42:08.720]  And I really think that it's a shame that the legal process
[42:08.720 --> 42:12.200]  has come to such trickery and maneuvers.
[42:12.200 --> 42:14.160]  Yeah, but see, you're mistaking.
[42:14.160 --> 42:17.080]  The revenue process for the legal process.
[42:17.080 --> 42:20.160]  And that's not what it is.
[42:20.160 --> 42:22.000]  This is a revenue process.
[42:22.000 --> 42:25.320]  It's got nothing to do with legal.
[42:25.320 --> 42:30.760]  Yeah, just like having your seatbelts and everything, it's
[42:30.760 --> 42:32.800]  not your choice whether to have it on or not.
[42:32.800 --> 42:34.040]  They don't care about your safety.
[42:34.040 --> 42:37.960]  All they care about is getting some money off of you.
[42:37.960 --> 42:39.920]  Exactly.
[42:39.920 --> 42:43.960]  They cannot show in any way, shape, or form how you're not
[42:43.960 --> 42:47.360]  wearing a seatbelt endangers anyone else.
[42:47.360 --> 42:51.080]  It's just simply another way for them to make another act
[42:51.080 --> 42:53.600]  illegal so they can find a way to collect
[42:53.600 --> 42:55.920]  an illegal tax on it.
[42:55.920 --> 42:59.280]  That's all the traffic is when it relates to you or I in a
[42:59.280 --> 43:01.880]  private capacity.
[43:01.880 --> 43:06.920]  OK, and another thing I want to point out is I'm in Austin.
[43:06.920 --> 43:11.160]  And what happened was I saw an officer speeding.
[43:11.160 --> 43:12.640]  It was like 55 miles an hour.
[43:12.640 --> 43:14.080]  He was going about 70.
[43:14.080 --> 43:17.240]  And coming up behind me going 70.
[43:17.240 --> 43:20.200]  And then I was going about 60, 65.
[43:20.200 --> 43:23.720]  And he tried to pull me over for speeding when he saw me.
[43:23.720 --> 43:26.360]  And then when he pulled me over, I told him that, well,
[43:26.360 --> 43:28.040]  you had to speed to catch up to me.
[43:28.040 --> 43:31.480]  So I ended up getting the ticket.
[43:31.480 --> 43:33.480]  But this was a speeding ticket that I beat.
[43:33.480 --> 43:38.320]  But I said, well, is your car going 70 any less dangerous
[43:38.320 --> 43:41.640]  than my car going 70?
[43:41.640 --> 43:43.560]  That made no sense.
[43:43.560 --> 43:44.640]  Well, hang on just a moment, Mark.
[43:44.640 --> 43:46.320]  We'll finish up with you on the other side of the break,
[43:46.320 --> 43:47.480]  all right?
[43:47.480 --> 43:48.400]  OK.
[43:48.400 --> 43:50.520]  OK, folks, this is Rule of Law Radio.
[43:50.520 --> 43:53.840]  512-646-1984 is the call in number.
[43:53.840 --> 43:54.560]  Give us a call.
[43:54.560 --> 43:55.880]  Let us know what's on your mind.
[43:55.880 --> 43:57.120]  We'll be right back.
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[45:59.560 --> 46:24.920]  All right, folks, we are back.
[46:24.920 --> 46:26.840]  Rule of Law Radio, is that correct?
[46:26.840 --> 46:28.760]  Is that Steve or Randy Kelton?
[46:28.760 --> 46:31.160]  All right, let's finish up with Mark in Texas.
[46:31.160 --> 46:32.880]  And after that, the call board's empty.
[46:32.880 --> 46:37.160]  So please, folks, give us a call, 512-646-1984.
[46:37.160 --> 46:40.080]  If y'all aren't calling us, I've got to be talking to you.
[46:40.080 --> 46:42.200]  That may get on your nerves.
[46:42.200 --> 46:44.520]  OK, Mark, let's finish up with you here.
[46:44.520 --> 46:47.800]  Now, the next question is, you said you're in Austin, correct?
[46:47.800 --> 46:48.640]  Yes.
[46:48.640 --> 46:51.720]  OK, you need to be making your Saturday afternoons
[46:51.720 --> 46:55.200]  free and clear for the next couple of weeks, from 3 to 6,
[46:55.200 --> 46:57.200]  and be down at Brave New Books.
[46:57.200 --> 47:00.160]  I'm giving seminars down there on exactly what
[47:00.160 --> 47:03.080]  to be doing in these court sessions.
[47:03.080 --> 47:06.960]  3 to 6, is that by the campus over there?
[47:06.960 --> 47:09.400]  Yeah, Brave New Books there on Guadalupe.
[47:09.400 --> 47:10.520]  OK, I know where that is.
[47:10.520 --> 47:10.960]  That's great.
[47:10.960 --> 47:11.720]  I didn't know that.
[47:11.720 --> 47:12.560]  I had no idea.
[47:12.560 --> 47:15.920]  Yeah, 3 to 6 every Saturday until the world blows up,
[47:15.920 --> 47:20.320]  or I go back to East Texas, whichever comes first.
[47:20.320 --> 47:23.520]  So my point was, the officer was,
[47:23.520 --> 47:26.120]  and I've seen this happen on the highways and everywhere.
[47:26.120 --> 47:30.320]  They're not going anywhere to handle police business.
[47:30.320 --> 47:33.120]  They think they can do whatever they want here in Austin.
[47:33.120 --> 47:35.920]  And what they do is they go 75 miles an hour down the highway.
[47:35.920 --> 47:39.280]  So what makes their vehicle less dangerous at 75
[47:39.280 --> 47:41.200]  than my vehicle at 75?
[47:41.200 --> 47:42.360]  Absolutely nothing.
[47:42.360 --> 47:46.640]  In fact, the law is specifically written for their vehicles,
[47:46.640 --> 47:50.000]  as well as those that are out there on the roads,
[47:50.000 --> 47:52.880]  like the semis and the taxicabs.
[47:52.880 --> 47:56.160]  That's who the law was meant to regulate.
[47:56.160 --> 47:58.560]  When I pointed out to the officer at that point,
[47:58.560 --> 48:00.160]  he started getting attitude with me
[48:00.160 --> 48:03.120]  and threatened that if I wanted to go to jail.
[48:03.120 --> 48:06.240]  And I told him, well, of course, nobody wants to go to jail.
[48:06.240 --> 48:10.120]  And I said, just write me the ticket and deal with it later.
[48:10.120 --> 48:15.840]  And it was just pure arrogance, in my opinion.
[48:15.840 --> 48:17.600]  Well, here's the other thing.
[48:17.600 --> 48:20.400]  They cannot take you to jail for speeding.
[48:20.400 --> 48:22.000]  The law is very specific.
[48:22.000 --> 48:25.920]  They must write you a citation and let you go.
[48:25.920 --> 48:30.120]  They cannot take you to jail for questioning him about his speed.
[48:30.120 --> 48:31.800]  There's no law against questioning.
[48:31.800 --> 48:36.320]  There's no law against telling an idiot he's an idiot.
[48:36.320 --> 48:41.480]  Don't matter how big his gun is or what kind of suit he's wearing.
[48:41.480 --> 48:45.440]  OK, I mean, it's unbelievable.
[48:45.440 --> 48:47.240]  I haven't lived here long.
[48:47.240 --> 48:50.360]  And it's unbelievable how lawless it
[48:50.360 --> 48:52.760]  is out here as far as the people that are supposed
[48:52.760 --> 48:55.320]  to be enforcing the law, how they kind of just
[48:55.320 --> 48:57.080]  have free reign over the whole town
[48:57.080 --> 48:58.800]  just to do whatever they want.
[48:58.800 --> 49:01.240]  Right, that's what happens in a police state.
[49:01.240 --> 49:03.120]  Didn't you know that?
[49:03.120 --> 49:04.200]  Oh, yeah, I knew that.
[49:04.200 --> 49:07.880]  But I had no idea that Austin was such a police state.
[49:07.880 --> 49:10.400]  Because you get people saying that they're liberals.
[49:10.400 --> 49:14.760]  But I thought liberals would allow police state.
[49:14.760 --> 49:15.240]  I don't know.
[49:15.240 --> 49:16.680]  I'm not liberal or I don't have anything to do with it.
[49:16.680 --> 49:19.200]  Liberals want a police state.
[49:19.200 --> 49:21.880]  A police state is what gives a liberal their power.
[49:21.880 --> 49:25.520]  Because they can enact any stupid legislation they want.
[49:25.520 --> 49:28.000]  And the ignorant law enforcement that
[49:28.000 --> 49:29.920]  won't pay attention to the rules they're
[49:29.920 --> 49:33.320]  supposed to obey above and beyond all others
[49:33.320 --> 49:35.000]  just enforces it for them.
[49:35.000 --> 49:37.240]  Yeah, and let me ask, can I ask you just one more question?
[49:37.240 --> 49:37.720]  Sure.
[49:37.720 --> 49:41.520]  Do the prosecutors and police, like when they were laughing
[49:41.520 --> 49:44.200]  in court with each other, are they
[49:44.200 --> 49:46.200]  allowed to be colluding with each other like this
[49:46.200 --> 49:48.800]  and basically plotting against me?
[49:48.800 --> 49:54.160]  And before court, the prosecutor asked for me
[49:54.160 --> 49:56.320]  to show him the evidence I had.
[49:56.320 --> 49:59.320]  And when I showed it to him, that's
[49:59.320 --> 50:01.360]  when he offered me a deal.
[50:01.360 --> 50:02.440]  Well, here's the thing.
[50:02.440 --> 50:04.800]  You're not required to show them anything.
[50:04.800 --> 50:07.000]  They're required to prove the case.
[50:07.000 --> 50:09.440]  No ifs, no ands, no buts.
[50:09.440 --> 50:11.640]  What kind of evidence was he going
[50:11.640 --> 50:15.520]  to produce that you were speeding in Texas?
[50:15.520 --> 50:18.520]  I mean, I would assume just some sort of radar.
[50:18.520 --> 50:20.960]  But you know, I don't know.
[50:20.960 --> 50:24.440]  I don't know of anything in the statute regarding speeding
[50:24.440 --> 50:27.960]  that even has the word radar in it.
[50:27.960 --> 50:28.520]  I don't know.
[50:28.520 --> 50:29.920]  I mean, I don't know what evidence.
[50:29.920 --> 50:31.280]  He didn't show me anything.
[50:31.280 --> 50:34.480]  He doesn't have any because the only evidence
[50:34.480 --> 50:37.600]  that the law allows them to introduce to prove the act
[50:37.600 --> 50:40.560]  is the following things, OK?
[50:40.560 --> 50:43.920]  Did you see me cause an accident?
[50:43.920 --> 50:47.520]  Did you see me call someone else to have an accident?
[50:47.520 --> 50:49.640]  Did you see me damage property?
[50:49.640 --> 50:53.400]  Did you see me lose control of my automobile?
[50:53.400 --> 51:00.520]  If the answer to all of those or any of those is no,
[51:00.520 --> 51:04.200]  then you did not speed because in order
[51:04.200 --> 51:06.400]  to commit the violation, it specifically
[51:06.400 --> 51:10.160]  states that you must have acted in a manner that did not allow
[51:10.160 --> 51:15.480]  you to take into consideration existing or possible hazards
[51:15.480 --> 51:20.640]  that caused you to have a collision with another vehicle
[51:20.640 --> 51:25.400]  or person lawfully entering the roadway.
[51:25.400 --> 51:28.040]  That's what they have to prove.
[51:28.040 --> 51:33.040]  They never prove it because it's never the case.
[51:33.040 --> 51:35.280]  In order to prove a speeding ticket,
[51:35.280 --> 51:37.720]  they better show up with somebody in a body
[51:37.720 --> 51:42.680]  cast or a bunch of twisted metal that can be blamed on you.
[51:42.680 --> 51:44.440]  So basically, the prosecutor's job
[51:44.440 --> 51:48.720]  is to kind of try to sway you into opening your wallet
[51:48.720 --> 51:53.080]  before you unload on the court, as far as before you go ahead
[51:53.080 --> 51:55.400]  and tell the court, hey, well, this is my story.
[51:55.400 --> 51:57.760]  That's his first mandate, yes.
[51:57.760 --> 52:00.880]  His second mandate is, if that fails,
[52:00.880 --> 52:06.400]  is to mischaracterize what he must prove to the jury.
[52:06.400 --> 52:08.720]  He completely mischaracterizes.
[52:08.720 --> 52:10.640]  He attempts to get the officer to say,
[52:10.640 --> 52:13.560]  did Mr. So-and-so travel faster than the speed sign?
[52:13.560 --> 52:14.480]  Yes, he did.
[52:14.480 --> 52:17.080]  In the story, Judge, he's guilty.
[52:17.080 --> 52:21.000]  Unfortunately, that's not what the law says he has to prove.
[52:21.000 --> 52:23.720]  One thing I had a problem with was overcoming the police
[52:23.720 --> 52:29.320]  officer's allegedly credibility, which he had none,
[52:29.320 --> 52:30.400]  but his uniform.
[52:30.400 --> 52:35.480]  He showed up in full uniform, in full regalia,
[52:35.480 --> 52:39.120]  in order to get like a peacock.
[52:39.120 --> 52:40.760]  But see, that's the thing.
[52:40.760 --> 52:43.600]  A peacock is a much easier target
[52:43.600 --> 52:47.360]  than if he's hiding in the woodwork, right?
[52:47.360 --> 52:50.160]  Yeah, would I be in contempt of court
[52:50.160 --> 52:52.320]  if I pointed out to the jury that they're
[52:52.320 --> 52:54.920]  colluding against me?
[52:54.920 --> 52:57.240]  You don't have any proof they're colluding against you.
[52:57.240 --> 52:58.960]  As far as you know, they're talking about the weather
[52:58.960 --> 53:01.120]  or how many donuts they can eat against each other.
[53:01.120 --> 53:04.040]  You don't know, unless you're privy to the conversation.
[53:04.040 --> 53:06.080]  The point here being that you don't
[53:06.080 --> 53:09.880]  care what the officer is wearing when he gets on the stand.
[53:09.880 --> 53:12.280]  If you know the proper questions to ask
[53:12.280 --> 53:16.040]  as to what they're having to prove and they don't,
[53:16.040 --> 53:17.480]  then when it's all over, you just
[53:17.480 --> 53:19.920]  stand up and demand a directed verdict in your favor
[53:19.920 --> 53:22.720]  because the state has failed to prove its case upon the record.
[53:22.720 --> 53:24.600]  End of story.
[53:24.600 --> 53:26.280]  Now, if you'll hang on a second, Mark.
[53:26.280 --> 53:27.920]  We've got Dominic on the line, and he
[53:27.920 --> 53:31.640]  said he wanted to talk with you at the same time.
[53:31.640 --> 53:34.400]  Dominic is a regular at the seminars down there now,
[53:34.400 --> 53:35.880]  and he is fighting the good fight.
[53:35.880 --> 53:37.360]  So Dominic, go ahead.
[53:37.360 --> 53:39.400]  Yeah, I just wanted to mention, first of all,
[53:39.400 --> 53:41.000]  how you doing, Mark?
[53:41.000 --> 53:41.520]  All right.
[53:41.520 --> 53:42.440]  Oh, that's good.
[53:42.440 --> 53:44.440]  Yeah, because I recently went through this
[53:44.440 --> 53:46.520]  where I had to go and ask for all the information
[53:46.520 --> 53:47.800]  in my folder.
[53:47.800 --> 53:50.240]  And of course, I act like I have no idea
[53:50.240 --> 53:51.960]  what you're talking about.
[53:51.960 --> 53:54.200]  But just as long as you make it known
[53:54.200 --> 53:57.360]  and you have them give you something in writing,
[53:57.360 --> 53:58.960]  saying that there's nothing in there.
[53:58.960 --> 54:03.760]  When did you have to go and plea?
[54:03.760 --> 54:04.240]  I don't know.
[54:04.240 --> 54:07.280]  The ticket says I have to appear in court on the 25th.
[54:07.280 --> 54:09.920]  OK, yeah, as long as you get this information
[54:09.920 --> 54:11.160]  before the 25th.
[54:11.160 --> 54:16.240]  Go a couple of times before and just get it in writing.
[54:16.240 --> 54:20.480]  And I'm even willing to just, because they are open till 10.
[54:20.480 --> 54:22.600]  If you want to go sometime after 6, I mean,
[54:22.600 --> 54:24.480]  I'll meet up with you and we'll go.
[54:24.480 --> 54:27.480]  And like that, I can show them what they gave me.
[54:27.480 --> 54:30.880]  Yeah, and I highly recommend that when you go,
[54:30.880 --> 54:33.880]  however many times you go, always, always
[54:33.880 --> 54:38.040]  go the day before trial.
[54:38.040 --> 54:41.440]  Make your last visit to get anything in your record
[54:41.440 --> 54:44.040]  the day prior to trial.
[54:44.040 --> 54:48.000]  And there's a very good legal reason you want to do that.
[54:48.000 --> 54:52.680]  But make certain that you go at least the day prior to trial.
[54:52.680 --> 54:54.960]  Yeah, because I went two times and then I went the day
[54:54.960 --> 54:57.520]  right before trial.
[54:57.520 --> 54:59.400]  OK, so when would I go and get this?
[54:59.400 --> 55:01.840]  I mean, I tried to go and get some.
[55:01.840 --> 55:03.520]  I didn't know about the information,
[55:03.520 --> 55:07.520]  but I tried to go and see if I needed to plea today.
[55:07.520 --> 55:10.360]  But I was president today, so I couldn't really do anything.
[55:10.360 --> 55:12.120]  Well, you do not plea.
[55:12.120 --> 55:16.240]  Do not enter a plea.
[55:16.240 --> 55:18.480]  Am I clearly understood on that?
[55:18.480 --> 55:21.000]  Do not enter a plea.
[55:21.000 --> 55:24.320]  Even when I went online, I just told the judge
[55:24.320 --> 55:26.640]  I can't plea because there's no information.
[55:26.640 --> 55:28.440]  How do I know what I'm pleading to?
[55:28.440 --> 55:29.480]  They're not going to care.
[55:29.480 --> 55:31.240]  They're going to make a plea for you.
[55:31.240 --> 55:32.320]  Let them.
[55:32.320 --> 55:32.960]  That's OK.
[55:32.960 --> 55:34.760]  Let them enter a plea on your behalf
[55:34.760 --> 55:37.360]  because they're acting without jurisdiction when they do it.
[55:37.360 --> 55:39.880]  All they're doing is creating the documentation
[55:39.880 --> 55:43.160]  that you get to use to beat them to death later.
[55:43.160 --> 55:46.000]  Because they're moving on without jurisdiction.
[55:46.000 --> 55:47.200]  Yeah, I'd like to meet.
[55:47.200 --> 55:49.400]  I don't know how we would go about doing that.
[55:49.400 --> 55:52.840]  You can get my information from Deborah already,
[55:52.840 --> 55:54.400]  my phone number.
[55:54.400 --> 55:58.840]  And like I said, they're open late, so they're open till 10.
[55:58.840 --> 56:00.960]  I get home around 6-ish.
[56:00.960 --> 56:04.480]  So just call me any time, and we'll meet up out there.
[56:04.480 --> 56:10.840]  And I'll show you what they gave me, and we'll go from there.
[56:10.840 --> 56:12.320]  OK, sounds good.
[56:12.320 --> 56:13.680]  I'm glad I called in.
[56:13.680 --> 56:16.600]  Hopefully, these people won't be getting hold of my money,
[56:16.600 --> 56:18.400]  or anybody else's money that was listening
[56:18.400 --> 56:20.480]  might have the same problem.
[56:20.480 --> 56:22.960]  Well, we've always got somebody listening to that problem.
[56:22.960 --> 56:26.720]  That's why the show's so popular.
[56:26.720 --> 56:29.920]  It's a great buddy saver.
[56:29.920 --> 56:33.280]  Oh, that's all I wanted to do, just put that out there.
[56:33.280 --> 56:34.560]  OK, well, thank you, Dominic.
[56:34.560 --> 56:36.800]  Appreciate your assistance with Mark here.
[56:36.800 --> 56:37.400]  No problem.
[56:37.400 --> 56:39.280]  If y'all wouldn't mind giving him my number there
[56:39.280 --> 56:40.440]  from the caller ID.
[56:40.440 --> 56:42.960]  Yeah, I'll be happy to give it to him off there.
[56:42.960 --> 56:45.320]  Mark, if you would please send me an email,
[56:45.320 --> 56:49.560]  Eddie, E-D-D-I-E, at ruleoflawradio.com.
[56:49.560 --> 56:53.360]  And I will send back to you Dominic's contact information.
[56:53.360 --> 56:54.560]  OK, thank you.
[56:54.560 --> 56:56.000]  You're very welcome.
[56:56.000 --> 56:57.560]  All right, gentlemen, thanks for calling in.
[56:57.560 --> 56:59.280]  Dominic, hope to see you Saturday.
[56:59.280 --> 57:00.160]  Yes, sir.
[57:00.160 --> 57:01.760]  You as well, Mark.
[57:01.760 --> 57:02.600]  OK, bye.
[57:02.600 --> 57:04.680]  Bye-bye.
[57:04.680 --> 57:10.520]  All right, now we have Jeff in Michigan and Doug in Texas.
[57:10.520 --> 57:12.800]  Jeff, how can we help you?
[57:12.800 --> 57:14.760]  Hey, Eddie, how you doing tonight?
[57:14.760 --> 57:16.520]  I'm doing all right.
[57:16.520 --> 57:19.320]  Wanted to get your input again on this case.
[57:19.320 --> 57:22.080]  I called in about a week or so ago.
[57:22.080 --> 57:25.920]  What kind of phone are you on, Jeff?
[57:25.920 --> 57:29.440]  I'm going through with a MagicJack through my computer.
[57:29.440 --> 57:33.560]  OK, you've got a real serious vibration to your voice.
[57:33.560 --> 57:36.680]  Are you on a computer mic or something?
[57:36.680 --> 57:39.000]  No, I'm on a handset.
[57:39.000 --> 57:41.040]  OK, all right, go ahead.
[57:41.040 --> 57:42.680]  We'll try to see what we can do with it
[57:42.680 --> 57:44.120]  and make sure we can understand you.
[57:44.120 --> 57:45.480]  Go ahead.
[57:45.480 --> 57:51.440]  Well, on the 31st of January, I got pulled over
[57:51.440 --> 57:53.560]  and dragged out of my car.
[57:53.560 --> 57:54.560]  They're screaming at me.
[57:54.560 --> 57:58.320]  After arrest, driver's license expired.
[57:58.320 --> 58:01.200]  And dragged me out to handcuff me,
[58:01.200 --> 58:03.520]  threw me in the back of the car for 40 minutes.
[58:03.520 --> 58:04.640]  OK, hang on, Jeff.
[58:04.640 --> 58:05.720]  We're about to go to break.
[58:05.720 --> 58:07.600]  Sorry about that.
[58:07.600 --> 58:08.160]  So hang on.
[58:08.160 --> 58:09.960]  We'll be right back.
[58:09.960 --> 58:12.160]  All right, folks, this is Rule of Law Radio.
[58:12.160 --> 58:14.320]  We're at our top of the hour break.
[58:14.320 --> 58:16.160]  We have one hour left in the show.
[58:16.160 --> 58:18.920]  So if you're out there listening and you have an issue, question,
[58:18.920 --> 58:23.120]  comment, or just generally want to air some grievances,
[58:23.120 --> 58:23.880]  give us a call.
[58:23.880 --> 58:27.480]  512-646-1984.
[58:27.480 --> 58:29.200]  We'll be right back on the other side
[58:29.200 --> 58:30.880]  with the rest of our callers.
[58:30.880 --> 58:34.000]  So give us a call and keep us from having some dead air here
[58:34.000 --> 58:37.320]  or me having to get back on and just keep talking.
[58:37.320 --> 58:39.360]  All right, folks, we'll be back momentarily.
[58:39.360 --> 58:40.240]  Please stay with us.
[58:40.240 --> 59:03.720]  The Bible remains the most popular book in the world,
[59:03.720 --> 59:06.040]  yet countless readers are frustrated because they
[59:06.040 --> 59:08.080]  struggle to understand it.
[59:08.080 --> 59:11.640]  Some new translations try to help by simplifying the text,
[59:11.640 --> 59:13.840]  but in the process can compromise
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[59:16.640 --> 59:19.040]  Enter the recovery version.
[59:19.040 --> 59:23.200]  First, this new translation is extremely faithful and accurate,
[59:23.200 --> 59:25.880]  but the real story is the more than 9,000
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[59:30.520 --> 59:33.360]  in a marvelous way, providing an entrance
[59:33.360 --> 59:35.680]  into the riches of the word beyond which you've
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[59:40.960 --> 59:43.120]  version simply for the asking.
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[59:45.920 --> 59:53.520]  is yours just by calling us toll free at 1-888-551-0102
[59:53.520 --> 59:57.560]  or by ordering online at freestudybible.com.
[59:57.560 --> 01:00:00.400]  That's freestudybible.com.
[01:00:00.400 --> 01:00:04.440]  This news brief brought to you by The International News Network.
[01:00:04.440 --> 01:00:07.840]  Islamabad has tightened security around US national Raymond
[01:00:07.840 --> 01:00:11.240]  Davis, the man accused of killing two Pakistanis,
[01:00:11.240 --> 01:00:14.280]  fearing the high-profile prisoner may be killed.
[01:00:14.280 --> 01:00:17.680]  The Islamabad Globe says some people suspect the US could,
[01:00:17.680 --> 01:00:21.240]  quote, take Davis out because he knows too much.
[01:00:21.240 --> 01:00:23.720]  Russian intelligence agencies have identified him
[01:00:23.720 --> 01:00:28.840]  as part of a CIA task force with links to terrorists.
[01:00:28.840 --> 01:00:30.760]  Repression and mass unemployment have
[01:00:30.760 --> 01:00:33.480]  caused revolts in the Middle East and North Africa
[01:00:33.480 --> 01:00:36.600]  that rising food prices brought on by a regional water crisis
[01:00:36.600 --> 01:00:38.080]  are also a factor.
[01:00:38.080 --> 01:00:40.480]  The region is hyperarid and water demand
[01:00:40.480 --> 01:00:44.120]  is increasing as populations grow and underground reserves
[01:00:44.120 --> 01:00:44.960]  diminish.
[01:00:44.960 --> 01:00:47.960]  The UN warns unrest will grow unless nations
[01:00:47.960 --> 01:00:51.280]  share natural resources and reduce their profligate energy
[01:00:51.280 --> 01:00:53.760]  and water use.
[01:00:53.760 --> 01:00:56.720]  31 people were killed Monday after a suicide bomber struck
[01:00:56.720 --> 01:00:59.240]  an Afghan government office in the northern province
[01:00:59.240 --> 01:01:03.040]  of Kunduz, raising the death toll in a recent surge of bombings
[01:01:03.040 --> 01:01:04.320]  to 100.
[01:01:04.320 --> 01:01:07.240]  A string of attacks has targeted civilians and government
[01:01:07.240 --> 01:01:09.520]  forces over the last three weeks,
[01:01:09.520 --> 01:01:11.840]  just a few months before the limited withdrawal
[01:01:11.840 --> 01:01:16.360]  deadline of US NATO forces in July.
[01:01:16.360 --> 01:01:18.920]  Egyptian independent trade unions Friday
[01:01:18.920 --> 01:01:22.680]  demanded health care and higher wages, renationalization
[01:01:22.680 --> 01:01:26.600]  of privatized industries, and firing of corrupt managers.
[01:01:26.600 --> 01:01:28.440]  The April 6th youth movement, which
[01:01:28.440 --> 01:01:30.720]  was instrumental in toppling Mubarak,
[01:01:30.720 --> 01:01:35.040]  got its name from a strike on April 6, 2008 in Mahala
[01:01:35.040 --> 01:01:38.040]  and was a precursor to the revolt nearly three years later.
[01:01:38.040 --> 01:01:40.200]  Strikes in Egypt have only intensified
[01:01:40.200 --> 01:01:43.120]  since Mubarak's resignation, threatening traffic
[01:01:43.120 --> 01:01:46.400]  on the Suez Canal and shutting down major industries.
[01:01:46.400 --> 01:01:49.280]  The army, which is ruling the country prior to elections,
[01:01:49.280 --> 01:01:51.920]  has pleaded with workers to return to the job,
[01:01:51.920 --> 01:01:55.120]  sending out text messages, calling on noble Egyptians
[01:01:55.120 --> 01:01:56.600]  to return to work.
[01:01:56.600 --> 01:01:58.960]  The union's demand, signed by representatives
[01:01:58.960 --> 01:02:01.200]  of all Egypt's major industries, states,
[01:02:01.200 --> 01:02:04.280]  freedoms are not complete without social freedoms.
[01:02:04.280 --> 01:02:06.360]  The right to vote is dependent on the right
[01:02:06.360 --> 01:02:09.720]  to a loaf of bread.
[01:02:09.720 --> 01:02:12.400]  The widow of John Wheeler, the prominent Washington
[01:02:12.400 --> 01:02:16.000]  aide whose body was found in the landfill on New Year's Eve,
[01:02:16.000 --> 01:02:17.760]  says he was assassinated.
[01:02:17.760 --> 01:02:20.240]  Katherine Kleist said the way her late husband's body
[01:02:20.240 --> 01:02:23.280]  was dumped showed he was killed by a professional.
[01:02:23.280 --> 01:02:25.840]  Kleist suggested Wheeler's work with the Pentagon
[01:02:25.840 --> 01:02:27.760]  could have made him powerful enemies.
[01:02:27.760 --> 01:02:30.640]  She also attacked the police investigation into his death
[01:02:30.640 --> 01:02:32.960]  and claimed it made her life miserable.
[01:02:32.960 --> 01:02:36.240]  She says police officers confiscated personal items,
[01:02:36.240 --> 01:02:39.320]  including credit cards, and unauthorized charges
[01:02:39.320 --> 01:02:43.360]  have appeared on them, including two flights worth $3,000.
[01:02:43.360 --> 01:02:46.080]  Wheeler, a former army officer who was instrumental
[01:02:46.080 --> 01:02:49.000]  in building the Vietnam Veterans Memorial in Washington,
[01:02:49.000 --> 01:02:52.200]  was discovered on the landfill in Wilmington, Delaware.
[01:02:52.200 --> 01:02:55.040]  Kleist said, the way they disposed of his body,
[01:02:55.040 --> 01:02:57.160]  it's a miracle anyone ever found it.
[01:02:57.160 --> 01:02:59.080]  That just sounds like a pro to me.
[01:03:28.120 --> 01:03:31.600]  Yes, all according to the will of the Almighty.
[01:03:35.080 --> 01:03:42.480]  I read his book, and it says he cares not for the unsightly.
[01:03:42.480 --> 01:03:45.480]  These warmongers come by that term rightly.
[01:03:50.960 --> 01:03:54.440]  I won't pay for the war with my fight.
[01:03:54.440 --> 01:03:57.920]  I ain't gonna pay for the car with my money.
[01:03:57.920 --> 01:04:00.920]  I won't pay for the fun with my body.
[01:04:00.920 --> 01:04:02.400]  All right, folks, we are back.
[01:04:02.400 --> 01:04:04.120]  This is Rule of Law Radio.
[01:04:04.120 --> 01:04:06.000]  OK, call board is stacking up.
[01:04:06.000 --> 01:04:06.760]  That's good.
[01:04:06.760 --> 01:04:08.760]  We do have a first-time caller on the board,
[01:04:08.760 --> 01:04:11.040]  so folks that are out there that have called him before,
[01:04:11.040 --> 01:04:11.720]  please hang on.
[01:04:11.720 --> 01:04:13.120]  We'll be with you in just a minute.
[01:04:13.120 --> 01:04:15.560]  Right now, we're going to go to Minaj in Texas.
[01:04:15.560 --> 01:04:17.760]  Minaj, how can we help you?
[01:04:17.760 --> 01:04:23.440]  Yeah, he got a ticket sometime in early January.
[01:04:23.440 --> 01:04:29.640]  He was overtaking some slow person in the right lane.
[01:04:29.640 --> 01:04:31.040]  And just as he was doing that, there
[01:04:31.040 --> 01:04:34.080]  was a cop right through the hill somewhere on Westwood.
[01:04:34.080 --> 01:04:35.520]  You can't, right?
[01:04:35.520 --> 01:04:39.920]  And he got nailed going five miles over the street limits.
[01:04:39.920 --> 01:04:45.000]  And this conversation actually just fascinated me
[01:04:45.000 --> 01:04:49.600]  with what Mark said and how Dominic came about and said,
[01:04:49.600 --> 01:04:55.320]  you need to get all the information from the courthouse
[01:04:55.320 --> 01:04:58.720]  what's in the file and then the computer.
[01:04:58.720 --> 01:05:00.360]  That's correct.
[01:05:00.360 --> 01:05:03.000]  I just want to get more information about that.
[01:05:07.400 --> 01:05:09.000]  I hadn't heard about this before,
[01:05:09.000 --> 01:05:11.600]  where all this enforcement is only
[01:05:11.600 --> 01:05:15.040]  pertaining to commercial traffic and not
[01:05:15.040 --> 01:05:19.680]  to private individuals that are driving their own pleasure,
[01:05:19.680 --> 01:05:21.560]  I guess.
[01:05:21.560 --> 01:05:23.560]  Yes, that's true.
[01:05:23.560 --> 01:05:24.640]  The day-to-day routine.
[01:05:24.640 --> 01:05:30.600]  And I never really investigated until what
[01:05:30.600 --> 01:05:32.640]  you started saying here.
[01:05:32.640 --> 01:05:36.000]  And you started quoting statutes from the Texas
[01:05:36.000 --> 01:05:40.320]  regulations or text dot.
[01:05:40.320 --> 01:05:41.600]  The administrative code.
[01:05:41.600 --> 01:05:44.760]  Right, the administrative code.
[01:05:44.760 --> 01:05:50.920]  That you said chapter four and then five and then six, right?
[01:05:50.920 --> 01:05:54.320]  Rule four, the administrative codes
[01:05:54.320 --> 01:05:56.000]  organize a tad bit differently.
[01:05:56.000 --> 01:05:59.160]  It's under Title 37 is where you start dealing
[01:05:59.160 --> 01:06:01.640]  with the Department of Public Safety.
[01:06:01.640 --> 01:06:02.640]  OK.
[01:06:02.640 --> 01:06:03.520]  All right.
[01:06:03.520 --> 01:06:06.360]  But that's what the seminar material
[01:06:06.360 --> 01:06:08.000]  that I wrote all deals with.
[01:06:08.000 --> 01:06:09.800]  It deals with the traffic.
[01:06:09.800 --> 01:06:13.760]  It dissects the statutes, tells you exactly what they say
[01:06:13.760 --> 01:06:15.560]  and why they say it.
[01:06:15.560 --> 01:06:17.560]  And it's got nothing to do with what
[01:06:17.560 --> 01:06:19.200]  we've been led to believe that it does.
[01:06:19.200 --> 01:06:20.440]  It's all commercial.
[01:06:20.440 --> 01:06:22.280]  It's got nothing to do with us.
[01:06:22.280 --> 01:06:24.720]  They're using it to collect taxes from us
[01:06:24.720 --> 01:06:26.280]  in an illegal manner.
[01:06:26.280 --> 01:06:27.400]  It's what it amounts to.
[01:06:30.520 --> 01:06:32.360]  Would you know anything?
[01:06:32.360 --> 01:06:36.120]  This is outside of the area of driving on the road.
[01:06:36.120 --> 01:06:39.160]  But would you know anything about aviation?
[01:06:39.160 --> 01:06:40.520]  I know a little bit about it.
[01:06:40.520 --> 01:06:43.040]  I fly planes.
[01:06:43.040 --> 01:06:46.800]  Well, I got a commercial pilot's license, right?
[01:06:46.800 --> 01:06:50.360]  And I've been reading the FARs.
[01:06:50.360 --> 01:06:52.640]  And it's like, my god, there's so many of them.
[01:06:52.640 --> 01:06:55.000]  But how am I supposed to?
[01:06:55.000 --> 01:06:58.160]  The odds are stacked against me flying around, you know?
[01:06:58.160 --> 01:06:59.840]  I mean, they can nail me for anything.
[01:06:59.840 --> 01:07:02.240]  Any one of 1,000 rules and regulations
[01:07:02.240 --> 01:07:05.400]  is allowed to know while I'm flying around.
[01:07:05.400 --> 01:07:08.080]  Well, that depends.
[01:07:08.080 --> 01:07:09.800]  Where is the law that says you're
[01:07:09.800 --> 01:07:15.000]  required to get a pilot's license?
[01:07:15.000 --> 01:07:18.040]  Oh my god, I didn't know that.
[01:07:18.040 --> 01:07:20.560]  Can you or can you not go down, rent a plane,
[01:07:20.560 --> 01:07:23.800]  and go flying as a student pilot and never
[01:07:23.800 --> 01:07:24.880]  have to get a license?
[01:07:29.720 --> 01:07:33.640]  No, I can't say that I've read that rule.
[01:07:33.640 --> 01:07:35.640]  Well, I learned under that rule.
[01:07:35.640 --> 01:07:38.680]  I could go down and get in an airplane any time I wanted to
[01:07:38.680 --> 01:07:43.160]  and go out and fly it, getting ready for my checkride.
[01:07:43.160 --> 01:07:44.640]  I didn't have to have a license.
[01:07:44.640 --> 01:07:46.720]  I can't get a license till I pass the checkride
[01:07:46.720 --> 01:07:48.120]  in the medical, right?
[01:07:48.120 --> 01:07:48.800]  Right.
[01:07:48.800 --> 01:07:53.760]  But I have to do a solo before I can ever get the checkride.
[01:07:53.760 --> 01:07:56.440]  And there's nobody in the plane with me.
[01:07:56.440 --> 01:07:58.800]  And there's no license in my pocket.
[01:07:58.800 --> 01:08:00.800]  So you're actually commanded to get off
[01:08:00.800 --> 01:08:02.160]  the ground without a license.
[01:08:05.240 --> 01:08:06.160]  OK.
[01:08:06.160 --> 01:08:09.200]  But there's nothing that says you ever have to take
[01:08:09.200 --> 01:08:11.320]  the checkride or the medical.
[01:08:11.320 --> 01:08:16.040]  You can just keep going down and doing your solos
[01:08:16.040 --> 01:08:18.440]  till you feel comfortable enough and ready enough
[01:08:18.440 --> 01:08:22.760]  to take those things if you ever decide to.
[01:08:22.760 --> 01:08:23.260]  OK.
[01:08:27.600 --> 01:08:30.480]  I'm not going to look at that again.
[01:08:30.480 --> 01:08:34.960]  Now, if you are a commercial pilot, that's a difference.
[01:08:34.960 --> 01:08:38.760]  As a commercial pilot, you're obligated to have that license
[01:08:38.760 --> 01:08:43.840]  because you are engaged in a regulatable activity.
[01:08:43.840 --> 01:08:44.320]  Yeah.
[01:08:44.320 --> 01:08:48.840]  And as such, the rules and regulations apply to you.
[01:08:48.840 --> 01:08:53.640]  But in a private capacity, they have nothing to do with you.
[01:08:53.640 --> 01:08:55.480]  Yeah, that's my next question.
[01:08:55.480 --> 01:08:57.640]  OK.
[01:08:57.640 --> 01:09:03.600]  So I can fly around my family when we're in the state.
[01:09:03.600 --> 01:09:06.240]  In the state, out of state, over the ocean
[01:09:06.240 --> 01:09:08.800]  if you've got a plane that can carry you.
[01:09:08.800 --> 01:09:09.280]  Right.
[01:09:13.360 --> 01:09:16.360]  OK.
[01:09:16.360 --> 01:09:20.080]  So I'm interested in knowing what Dominic knows
[01:09:20.080 --> 01:09:22.200]  he was talking about.
[01:09:22.200 --> 01:09:25.440]  Well, Dominic knows most of what he knows, I'm presuming.
[01:09:25.440 --> 01:09:27.200]  He can tell me different when I get him back
[01:09:27.200 --> 01:09:28.560]  on the line here in a minute.
[01:09:28.560 --> 01:09:31.560]  But he knows what he knows from the traffic seminar
[01:09:31.560 --> 01:09:35.480]  and from coming to the ones that I give on Saturdays.
[01:09:35.480 --> 01:09:37.760]  What do you do on Saturdays, every Saturday?
[01:09:37.760 --> 01:09:42.520]  Saturdays, 3 to 6, Brave New Books.
[01:09:42.520 --> 01:09:43.600]  Yeah, I miss that.
[01:09:43.600 --> 01:09:45.080]  Brave New Books.
[01:09:45.080 --> 01:09:47.520]  Yep.
[01:09:47.520 --> 01:09:51.600]  And we do have an advertisement running for it here
[01:09:51.600 --> 01:09:54.040]  on the station during the week.
[01:09:54.040 --> 01:09:59.280]  So if you listen to us during the day on 90.1, you'll hear it.
[01:09:59.280 --> 01:10:00.680]  All right.
[01:10:00.680 --> 01:10:01.880]  I do, OK.
[01:10:01.880 --> 01:10:03.640]  Thank you for that information.
[01:10:03.640 --> 01:10:04.520]  Appreciate it.
[01:10:04.520 --> 01:10:05.000]  Yes, sir.
[01:10:05.000 --> 01:10:06.120]  Not a problem.
[01:10:06.120 --> 01:10:07.720]  Thank you for calling in.
[01:10:07.720 --> 01:10:09.440]  Yeah, keep up the good work.
[01:10:09.440 --> 01:10:10.600]  I appreciate it.
[01:10:10.600 --> 01:10:11.360]  OK.
[01:10:11.360 --> 01:10:12.240]  Have a good night.
[01:10:12.240 --> 01:10:12.740]  You too.
[01:10:15.520 --> 01:10:17.800]  All right, well, shoot, our call board emptied out.
[01:10:17.800 --> 01:10:20.160]  We had a bunch of folks.
[01:10:20.160 --> 01:10:21.320]  Please give us a call back.
[01:10:21.320 --> 01:10:23.280]  Everybody that was up there on the board,
[01:10:23.280 --> 01:10:24.600]  sorry to have you drop off.
[01:10:24.600 --> 01:10:26.560]  Right now, though, we do have Doug in Texas.
[01:10:26.560 --> 01:10:28.120]  Let's see what Doug has for us.
[01:10:28.120 --> 01:10:29.400]  Hi, Doug.
[01:10:29.400 --> 01:10:31.360]  Hi, Eddie.
[01:10:31.360 --> 01:10:35.000]  I'm the one that does the voice in for Steve Skidmore
[01:10:35.000 --> 01:10:38.800]  on your advertisement there.
[01:10:38.800 --> 01:10:41.000]  Uh-huh.
[01:10:41.000 --> 01:10:45.480]  Yeah, I do the Steve Skidmore voice.
[01:10:45.480 --> 01:10:46.160]  Oh, you do?
[01:10:46.160 --> 01:10:46.880]  OK.
[01:10:46.880 --> 01:10:48.720]  Right.
[01:10:48.720 --> 01:10:52.640]  What I was going to ask you about is the dual use.
[01:10:52.640 --> 01:10:57.400]  You've got a, you know, I have a truckload of tools
[01:10:57.400 --> 01:11:02.000]  that are machetes and dangerous equipment.
[01:11:02.000 --> 01:11:05.360]  I mean, every one of them is a weapon.
[01:11:05.360 --> 01:11:08.680]  But every one of them is a tool also.
[01:11:08.680 --> 01:11:11.240]  So could the point be made that when
[01:11:11.240 --> 01:11:17.040]  I am driving my truck around, that it
[01:11:17.040 --> 01:11:19.960]  could be a motor vehicle or it could be just
[01:11:19.960 --> 01:11:25.680]  a private mode of transportation?
[01:11:25.680 --> 01:11:27.720]  Why would you argue it's something other
[01:11:27.720 --> 01:11:29.520]  than a private conveyance?
[01:11:32.440 --> 01:11:35.360]  Well, I wouldn't argue that, but the state
[01:11:35.360 --> 01:11:37.840]  might argue that because I have a little sticker.
[01:11:37.840 --> 01:11:40.000]  Where's the state's proof?
[01:11:40.000 --> 01:11:42.160]  Where was the state's proof introduced
[01:11:42.160 --> 01:11:47.160]  that you were engaged in an act of transportation?
[01:11:47.160 --> 01:11:48.840]  Well, what I'm saying, Eddie, is I've
[01:11:48.840 --> 01:11:51.520]  got a thing that says this is a motor vehicle.
[01:11:51.520 --> 01:11:55.880]  It's registered as a motor vehicle.
[01:11:55.880 --> 01:12:00.160]  But it doesn't always have to be used as such, right?
[01:12:00.160 --> 01:12:03.040]  Again, where is the state's evidence
[01:12:03.040 --> 01:12:06.120]  that it was engaged in the act of being
[01:12:06.120 --> 01:12:08.800]  and used as a motor vehicle?
[01:12:08.800 --> 01:12:11.920]  Well, yeah, that's what I'm saying.
[01:12:11.920 --> 01:12:14.040]  You know, other than them saying, well, you
[01:12:14.040 --> 01:12:18.920]  have a motor vehicle registration sticker on it.
[01:12:18.920 --> 01:12:22.160]  Therefore, it must be a motor vehicle.
[01:12:22.160 --> 01:12:23.360]  That's a presumption.
[01:12:23.360 --> 01:12:25.200]  They can't use a presumption in law.
[01:12:25.200 --> 01:12:27.480]  They have to introduce the evidence on the record
[01:12:27.480 --> 01:12:29.640]  to support their claim against you.
[01:12:29.640 --> 01:12:32.360]  Where is the evidence that I was engaged
[01:12:32.360 --> 01:12:35.960]  in an activity that required me to be using this
[01:12:35.960 --> 01:12:41.640]  as a commercial entity or item and had
[01:12:41.640 --> 01:12:45.320]  to have a license at the same time?
[01:12:45.320 --> 01:12:46.760]  Where is your evidence?
[01:12:46.760 --> 01:12:47.920]  Well, I understand that.
[01:12:47.920 --> 01:12:50.720]  I thoroughly understand that.
[01:12:50.720 --> 01:12:57.880]  And another thing is that I'm pretty old,
[01:12:57.880 --> 01:13:01.760]  but I remember back when police called you sir
[01:13:01.760 --> 01:13:03.920]  and treated you with respect.
[01:13:03.920 --> 01:13:10.640]  And before we switched it over, they abused you verbally
[01:13:10.640 --> 01:13:13.360]  and whatever.
[01:13:13.360 --> 01:13:17.400]  And when I was a college student at the University of Houston
[01:13:17.400 --> 01:13:24.880]  back in about 1970, I guess, a cop stopped me for the first time.
[01:13:24.880 --> 01:13:29.640]  And I was just learning the miracles
[01:13:29.640 --> 01:13:34.480]  of drinking beer and everything and a little coffee.
[01:13:34.480 --> 01:13:41.040]  And I cussed him every word that I knew at that time.
[01:13:41.040 --> 01:13:44.600]  And he charged me with abusive language.
[01:13:44.600 --> 01:13:48.680]  And I beat him by going to court.
[01:13:48.680 --> 01:13:54.480]  And Ray Soros Haynes was friend of my father's.
[01:13:54.480 --> 01:13:56.640]  He said, that doesn't apply.
[01:13:56.640 --> 01:13:58.840]  Abusive language doesn't apply to him
[01:13:58.840 --> 01:14:02.120]  because he's a peace officer.
[01:14:02.120 --> 01:14:05.520]  And the definition of abusive language
[01:14:05.520 --> 01:14:10.240]  is language reasonably calculated
[01:14:10.240 --> 01:14:13.240]  to cause a push of peace.
[01:14:13.240 --> 01:14:14.800]  That's correct.
[01:14:14.800 --> 01:14:16.640]  Yeah, I said.
[01:14:16.640 --> 01:14:18.520]  Yeah, and as an officer, he can't
[01:14:18.520 --> 01:14:21.800]  create a breach of the peace without violating the law
[01:14:21.800 --> 01:14:22.880]  himself.
[01:14:22.880 --> 01:14:25.600]  So he's not going to be able to do that.
[01:14:25.600 --> 01:14:27.840]  So he has to show where a breach of the peace
[01:14:27.840 --> 01:14:31.480]  was intended to be the result. He can't.
[01:14:31.480 --> 01:14:34.080]  This is pretty much essentially the same tactic
[01:14:34.080 --> 01:14:36.400]  they're using with the transportation code.
[01:14:36.400 --> 01:14:39.280]  If you don't know to make the argument that that law doesn't
[01:14:39.280 --> 01:14:42.840]  apply and why, you get stuck.
[01:14:42.840 --> 01:14:45.200]  Right.
[01:14:45.200 --> 01:14:47.480]  Yeah, that's it.
[01:14:47.480 --> 01:14:50.080]  It's not all that complicated, really.
[01:14:50.080 --> 01:14:51.840]  No, it's not.
[01:14:51.840 --> 01:14:54.120]  All right.
[01:14:54.120 --> 01:14:59.640]  Well, tell Mr. Skidmore he did a great job.
[01:14:59.640 --> 01:15:01.800]  Well, I appreciate that, and I'll let him know.
[01:15:01.800 --> 01:15:03.760]  He sounds almost like me.
[01:15:03.760 --> 01:15:05.720]  He's working on it.
[01:15:05.720 --> 01:15:06.720]  All right.
[01:15:06.720 --> 01:15:08.480]  OK, Ray.
[01:15:08.480 --> 01:15:09.960]  OK.
[01:15:09.960 --> 01:15:11.160]  Thank you, Doug.
[01:15:11.160 --> 01:15:11.920]  Yeah.
[01:15:11.920 --> 01:15:13.840]  All right, bye-bye.
[01:15:13.840 --> 01:15:16.160]  All right, Jeff is back.
[01:15:16.160 --> 01:15:17.440]  Hi, Jeff.
[01:15:17.440 --> 01:15:18.560]  Hey, Eddie.
[01:15:18.560 --> 01:15:20.720]  All right, boy, you sound way better.
[01:15:20.720 --> 01:15:22.640]  What can we do for you now?
[01:15:22.640 --> 01:15:27.640]  I wanted to get some input on how to handle this situation.
[01:15:27.640 --> 01:15:31.840]  I was traveling home in my private conveyance
[01:15:31.840 --> 01:15:34.240]  when the emergency lights came on,
[01:15:34.240 --> 01:15:39.080]  and the police officers opened my door, undid my seat belt,
[01:15:39.080 --> 01:15:41.120]  and dragged me out and arrested me,
[01:15:41.120 --> 01:15:44.920]  held me in the backseat of their car under arrest for 40 minutes,
[01:15:44.920 --> 01:15:50.120]  and then wrote me a citation for driver's license expired
[01:15:50.120 --> 01:15:54.120]  and exhaust defective equipment.
[01:15:54.120 --> 01:15:57.880]  Now, I've gone in, like on the 14th day,
[01:15:57.880 --> 01:16:03.720]  and told them that I'm scrapping the car because it's unrepairable.
[01:16:03.720 --> 01:16:05.560]  So I scrapped the car, and they wanted proof,
[01:16:05.560 --> 01:16:08.360]  and they wanted me to show the judge that when I go to court,
[01:16:08.360 --> 01:16:09.720]  so that's fine.
[01:16:09.720 --> 01:16:11.200]  And then they asked for my license,
[01:16:11.200 --> 01:16:15.120]  and I said the next day after the incident, I renewed it.
[01:16:15.120 --> 01:16:17.600]  And they took a copy of that and were playing it off
[01:16:17.600 --> 01:16:19.720]  like it was just dismissable.
[01:16:19.720 --> 01:16:21.280]  But she said, oh, no, it's my mistake.
[01:16:21.280 --> 01:16:22.240]  It's $65.
[01:16:22.240 --> 01:16:23.800]  I'm like, no, thank you.
[01:16:23.800 --> 01:16:28.280]  I'll argue that in court, too.
[01:16:28.280 --> 01:16:30.760]  OK.
[01:16:30.760 --> 01:16:32.840]  What are they allowed to charge you for any?
[01:16:32.840 --> 01:16:34.480]  What does the law say they're allowed
[01:16:34.480 --> 01:16:39.800]  to do when you have resolved the issue before appearing in court?
[01:16:39.800 --> 01:16:42.560]  Have you looked at the statutes?
[01:16:42.560 --> 01:16:43.640]  No, that's a good point.
[01:16:43.640 --> 01:16:44.600]  I haven't.
[01:16:44.600 --> 01:16:46.200]  OK, hang on just a second, and we'll
[01:16:46.200 --> 01:16:47.720]  get back to this on the other side.
[01:16:47.720 --> 01:16:52.640]  All right, folks, this is Rule of Law Radio, 512-646-1984.
[01:16:52.640 --> 01:16:56.160]  We've got about 45 minutes left, so give us a call.
[01:17:00.040 --> 01:17:03.160]  It is so enlightening to listen to 90.1 FM,
[01:17:03.160 --> 01:17:05.800]  but finding things on the internet isn't so easy.
[01:17:05.800 --> 01:17:07.840]  And neither is finding like-minded people
[01:17:07.840 --> 01:17:08.800]  to share it with.
[01:17:08.800 --> 01:17:11.640]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:17:11.640 --> 01:17:12.960]  Brave New Books?
[01:17:12.960 --> 01:17:15.600]  Yes, Brave New Books has all the books and DVDs
[01:17:15.600 --> 01:17:18.760]  you're looking for by authors like Alex Jones, Ron Paul,
[01:17:18.760 --> 01:17:20.040]  and Gilbert Griffin.
[01:17:20.040 --> 01:17:22.280]  They even stock inner food, Berkey products,
[01:17:22.280 --> 01:17:24.000]  and Calvin Soaps.
[01:17:24.000 --> 01:17:26.320]  There's no way a place like that exists.
[01:17:26.320 --> 01:17:27.720]  Go check it out for yourself.
[01:17:27.720 --> 01:17:32.160]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:17:32.160 --> 01:17:35.440]  By UT, there's never anywhere to park down there.
[01:17:35.440 --> 01:17:37.520]  Actually, they now offer a free hour
[01:17:37.520 --> 01:17:40.920]  of parking for paying customers at the 500 MLK parking
[01:17:40.920 --> 01:17:43.720]  facility just behind the bookstore.
[01:17:43.720 --> 01:17:46.720]  It does exist, but when are they open?
[01:17:46.720 --> 01:17:49.600]  Monday through Saturday, 11 AM to 9 PM,
[01:17:49.600 --> 01:17:51.480]  and 1 to 6 PM on Sundays.
[01:17:51.480 --> 01:17:55.320]  So give them a call at 512-480-2503,
[01:17:55.320 --> 01:18:00.080]  or check out their events page at bravenewbookstore.com.
[01:18:00.080 --> 01:18:04.240]  My name is Randall Kelton, and I co-host on Rule of Law Radio.
[01:18:04.240 --> 01:18:06.320]  We specialize in showing people how
[01:18:06.320 --> 01:18:09.040]  to strike back against corrupt public officials.
[01:18:09.040 --> 01:18:11.040]  With the mortgage crisis worsening,
[01:18:11.040 --> 01:18:13.080]  we set our sights on finding a remedy
[01:18:13.080 --> 01:18:15.640]  for people who have been cheated by their lenders.
[01:18:15.640 --> 01:18:18.080]  If you have a mortgage or have paid yours off,
[01:18:18.080 --> 01:18:20.880]  you have probably been cheated out of thousands,
[01:18:20.880 --> 01:18:22.160]  but there is a remedy.
[01:18:22.160 --> 01:18:30.040]  Go to remediesinrealestate.com or call me at 512-430-4140.
[01:18:30.040 --> 01:18:33.080]  And find out how to use the consumer protection laws
[01:18:33.080 --> 01:18:35.240]  to recover what the lenders have stolen
[01:18:35.240 --> 01:18:36.920]  through fraud and deception.
[01:18:36.920 --> 01:18:40.000]  We will prepare for you a qualified written request
[01:18:40.000 --> 01:18:43.480]  that will expose the fraud and put the lenders on the dime.
[01:18:43.480 --> 01:18:46.000]  Lender fraud is bankrupting this country,
[01:18:46.000 --> 01:18:47.760]  and it's time to fight back.
[01:18:47.760 --> 01:18:55.000]  Go to remediesinrealestate.com or call 512-430-4140,
[01:18:55.000 --> 01:18:57.880]  and get the information you need to stop the money
[01:18:57.880 --> 01:19:00.360]  changers in their tracks.
[01:19:00.360 --> 01:19:30.280]  I was blindsided, but now I can see your plan.
[01:19:30.280 --> 01:19:35.760]  You put the fear in my pocket, took the money from my hand.
[01:19:35.760 --> 01:19:39.760]  Ain't going to fool me with that same old trick again.
[01:19:44.240 --> 01:19:45.720]  Hang on, honey.
[01:19:50.200 --> 01:19:51.680]  All right, folks, we are back.
[01:19:51.680 --> 01:19:53.040]  This is Rule of Law Radio.
[01:19:53.040 --> 01:19:55.160]  Eddie Craig, Beverly Scuders, Randy Kelton.
[01:19:55.160 --> 01:19:58.120]  All right, we've got about 45 minutes left in the show.
[01:19:58.120 --> 01:20:00.080]  Mary, Gary, we do see you on the board,
[01:20:00.080 --> 01:20:01.920]  so please hang in there for a few moments
[01:20:01.920 --> 01:20:03.320]  while I finish up with Jeff.
[01:20:03.320 --> 01:20:04.360]  Jeff, please continue.
[01:20:04.360 --> 01:20:07.160]  Yeah.
[01:20:07.160 --> 01:20:13.560]  Where would I find that waiver in this civil procedure,
[01:20:13.560 --> 01:20:14.760]  criminal procedure?
[01:20:14.760 --> 01:20:15.720]  Well, that depends.
[01:20:15.720 --> 01:20:19.480]  Is a traffic ticket in your state a civil or criminal
[01:20:19.480 --> 01:20:22.360]  offense?
[01:20:22.360 --> 01:20:24.600]  Well, I presume it's criminal.
[01:20:24.600 --> 01:20:25.360]  I mean, it's civil.
[01:20:25.360 --> 01:20:28.960]  Don't presume or assume, OK?
[01:20:28.960 --> 01:20:34.040]  Either know or don't know, but don't presume or assume, OK?
[01:20:34.040 --> 01:20:35.960]  You need to find out.
[01:20:35.960 --> 01:20:38.480]  If it's criminal, you're going to look in the criminal code
[01:20:38.480 --> 01:20:41.800]  dealing or under the Department of Motor Vehicles
[01:20:41.800 --> 01:20:43.720]  or Transportation Code or whatever
[01:20:43.720 --> 01:20:46.040]  it is in your state that deals with that.
[01:20:46.040 --> 01:20:48.640]  You're also going to want to look under whatever constitutes
[01:20:48.640 --> 01:20:50.400]  your state's code of criminal procedure
[01:20:50.400 --> 01:20:53.360]  when they're dealing with these particular types of cases.
[01:20:53.360 --> 01:20:57.040]  What does it say the judge can and cannot do in relation
[01:20:57.040 --> 01:20:59.080]  to this type of case?
[01:20:59.080 --> 01:21:03.360]  He can only charge you a court fee of $20, for instance,
[01:21:03.360 --> 01:21:04.840]  as an administrative fee.
[01:21:04.840 --> 01:21:11.480]  If that's all they can charge, then he can't charge you $60.
[01:21:11.480 --> 01:21:15.080]  So again, it just really depends on what your statutes say
[01:21:15.080 --> 01:21:16.760]  if that's how you're going to go about it.
[01:21:16.760 --> 01:21:18.440]  So you need to read those.
[01:21:18.440 --> 01:21:19.880]  That's first thing.
[01:21:19.880 --> 01:21:23.520]  Second thing is you need to look at the charge specifically.
[01:21:23.520 --> 01:21:27.600]  What is the criteria that constitutes the charge?
[01:21:27.600 --> 01:21:32.440]  And did you violate every single one of the required elements
[01:21:32.440 --> 01:21:33.920]  to make the charge?
[01:21:33.920 --> 01:21:37.240]  If you didn't, then the charge will fall flat
[01:21:37.240 --> 01:21:41.840]  on its face in a trial because they can't prove it.
[01:21:41.840 --> 01:21:44.800]  If the charge has five requisite elements
[01:21:44.800 --> 01:21:48.480]  and they only prove four, the charge is no good.
[01:21:48.480 --> 01:21:54.600]  But until you read the statute, you're not going to know that.
[01:21:54.600 --> 01:21:55.680]  I have read them.
[01:21:55.680 --> 01:22:01.800]  I just don't know how to answer your question on it.
[01:22:01.800 --> 01:22:04.440]  When you read them, did you assume
[01:22:04.440 --> 01:22:05.920]  you knew what the words meant?
[01:22:05.920 --> 01:22:08.880]  Or did you go look up all the words in the statute
[01:22:08.880 --> 01:22:11.120]  to see if they meant something different than what
[01:22:11.120 --> 01:22:11.960]  you thought they did?
[01:22:11.960 --> 01:22:14.760]  Because if you're reading a statute, I can almost
[01:22:14.760 --> 01:22:17.440]  guarantee you the words in that statute
[01:22:17.440 --> 01:22:20.400]  have a completely different meaning in law
[01:22:20.400 --> 01:22:24.600]  than what you think they normally would mean.
[01:22:24.600 --> 01:22:26.920]  Person is a prime example.
[01:22:26.920 --> 01:22:29.880]  Motor vehicle is a prime example.
[01:22:29.880 --> 01:22:32.520]  Vehicle is a prime example.
[01:22:32.520 --> 01:22:35.360]  So you need to read the statute.
[01:22:35.360 --> 01:22:38.800]  You need to look at the words in that statute.
[01:22:38.800 --> 01:22:42.200]  Is a prime example.
[01:22:42.200 --> 01:22:45.120]  Well, that much I know very well that I'm not a person,
[01:22:45.120 --> 01:22:48.080]  I'm not an individual, and I'm not a car.
[01:22:48.080 --> 01:22:50.720]  Well, is your car a vehicle or a motor vehicle?
[01:22:53.560 --> 01:22:56.120]  It's a private vehicle.
[01:22:56.120 --> 01:23:00.440]  OK, then where's the statute that backs you up?
[01:23:00.440 --> 01:23:04.640]  That's what you need to be reading is all of that.
[01:23:04.640 --> 01:23:11.720]  OK, so that's my first recommendation.
[01:23:11.720 --> 01:23:14.280]  Read the statutes in detail.
[01:23:14.280 --> 01:23:16.960]  Get your story down, get your facts straight,
[01:23:16.960 --> 01:23:19.320]  and apply those to the issue at hand.
[01:23:19.320 --> 01:23:22.040]  If you can't do that, then do whatever
[01:23:22.040 --> 01:23:24.960]  you think you need to do to minimize your pain.
[01:23:24.960 --> 01:23:31.440]  Well, it's simply a tax was not paid for a driver's license
[01:23:31.440 --> 01:23:32.280]  expired.
[01:23:32.280 --> 01:23:33.560]  Well, you're right.
[01:23:33.560 --> 01:23:35.640]  But the question is, is do you know
[01:23:35.640 --> 01:23:38.200]  how to make the legal argument to prove that you're not
[01:23:38.200 --> 01:23:40.400]  subject to the tax?
[01:23:40.400 --> 01:23:43.040]  If you're not prepared to make that argument,
[01:23:43.040 --> 01:23:45.480]  you're not going to win that argument, are you?
[01:23:48.560 --> 01:23:52.120]  Well, I study every argument that I can think of.
[01:23:52.120 --> 01:23:56.160]  Well, I study everything that I hear from you,
[01:23:56.160 --> 01:23:58.040]  so I'm pretty versed on it.
[01:23:58.040 --> 01:23:59.280]  That's good.
[01:23:59.280 --> 01:24:00.520]  I'm glad you're doing that.
[01:24:00.520 --> 01:24:03.080]  But if you've studied everything you've heard from me,
[01:24:03.080 --> 01:24:05.760]  then you ought to be extremely familiar with the statutes
[01:24:05.760 --> 01:24:07.960]  of your state by now.
[01:24:07.960 --> 01:24:10.920]  Because that's the first thing I tell everyone to do
[01:24:10.920 --> 01:24:12.720]  is read the DADGUM statute.
[01:24:16.400 --> 01:24:18.400]  Right, but yeah, I read them.
[01:24:18.400 --> 01:24:26.080]  But it's not quite as prolifically out there.
[01:24:26.080 --> 01:24:29.480]  If it's not as well stated to make it as clear in your state
[01:24:29.480 --> 01:24:33.040]  as it is in Texas, then start going back historically.
[01:24:33.040 --> 01:24:38.320]  Go to prior versions of the enactment by your legislature
[01:24:38.320 --> 01:24:41.720]  and keep going backwards through the history of it
[01:24:41.720 --> 01:24:46.840]  to find the root procedure that started it all.
[01:24:46.840 --> 01:24:50.840]  Because that will carry forward.
[01:24:50.840 --> 01:24:54.520]  See, in Texas, they can't amend an act
[01:24:54.520 --> 01:24:59.600]  to do something other than what it was originally set up to do.
[01:24:59.600 --> 01:25:01.800]  In order to change what it affects,
[01:25:01.800 --> 01:25:05.560]  they have to repeal it and reenact it anew.
[01:25:05.560 --> 01:25:08.680]  They cannot just amend it.
[01:25:08.680 --> 01:25:10.480]  You need to check your state constitution
[01:25:10.480 --> 01:25:12.600]  and see if that applies there in Michigan as well.
[01:25:12.600 --> 01:25:15.680]  Well, I'm just blown away that they think
[01:25:15.680 --> 01:25:19.280]  that it's an arrestable offense to have your license expired.
[01:25:19.280 --> 01:25:20.880]  I mean, they had no...
[01:25:20.880 --> 01:25:23.640]  Well, if it's in the civil statutes, it's not.
[01:25:23.640 --> 01:25:25.200]  If it's in the criminal statutes,
[01:25:25.200 --> 01:25:27.560]  it may very well be in your state.
[01:25:27.560 --> 01:25:29.880]  Because in order for it to be arrestable,
[01:25:29.880 --> 01:25:33.000]  you have to be in violation of the regulatable activity
[01:25:33.000 --> 01:25:36.480]  that you agreed to abide by.
[01:25:36.480 --> 01:25:39.760]  Well, under traffic misdemeanors in the Michigan Code
[01:25:39.760 --> 01:25:41.120]  of Criminal Protection,
[01:25:41.120 --> 01:25:42.960]  in the Michigan Code of Criminal Procedure,
[01:25:42.960 --> 01:25:48.000]  it says that a warrant shall be issued upon an information
[01:25:48.000 --> 01:25:51.880]  signed by an attorney brought before a judge,
[01:25:51.880 --> 01:25:53.000]  and then a warrant is issued.
[01:25:53.000 --> 01:25:58.280]  Well, a roadside arrest is unwarranted, a warrantless arrest.
[01:25:58.280 --> 01:26:02.760]  What's the laws in your state that govern warrantless arrests?
[01:26:02.760 --> 01:26:07.920]  What's the case law in your state that governs warrantless arrests?
[01:26:07.920 --> 01:26:11.240]  Again, this is all stuff you need to know.
[01:26:16.240 --> 01:26:17.440]  All right, thanks, Eddie.
[01:26:17.440 --> 01:26:19.440]  You're welcome.
[01:26:19.440 --> 01:26:23.520]  Okay, now let's go to Mary.
[01:26:23.520 --> 01:26:26.000]  And then Austin and Gary, we see you there.
[01:26:26.000 --> 01:26:29.360]  Austin is also a first-time caller, but as is Mary.
[01:26:29.360 --> 01:26:31.440]  So let's see what you got, Mary.
[01:26:31.440 --> 01:26:36.000]  Okay, Eddie, I have a question on the complaint
[01:26:36.000 --> 01:26:41.080]  that was filed by a municipal court in Austin.
[01:26:41.080 --> 01:26:45.280]  And I think I understand from what I've been listening
[01:26:45.280 --> 01:26:49.040]  that the complaint cannot be signed by Appian
[01:26:49.040 --> 01:26:52.600]  who works for the municipal court.
[01:26:52.600 --> 01:26:54.120]  Yes and no.
[01:26:54.120 --> 01:26:55.240]  Yes or no.
[01:26:55.240 --> 01:26:58.440]  It can be signed by one who is acting
[01:26:58.440 --> 01:27:01.000]  in their personal capacity.
[01:27:01.000 --> 01:27:04.080]  But the legal argument that we're making is
[01:27:04.080 --> 01:27:06.600]  is that these clerks are not acting
[01:27:06.600 --> 01:27:09.920]  in their personal capacity for several reasons.
[01:27:09.920 --> 01:27:13.440]  One, they're on the clock when they sign it.
[01:27:13.440 --> 01:27:17.360]  Two, they are directed to sign these complaints
[01:27:17.360 --> 01:27:21.120]  by their employer or their supervisor
[01:27:21.120 --> 01:27:27.400]  or a peer in their office or the prosecuting attorney themselves.
[01:27:27.400 --> 01:27:31.560]  Three, there's no proof that they clocked out
[01:27:31.560 --> 01:27:35.320]  during the time they were signing all of these complaints
[01:27:35.320 --> 01:27:37.880]  allegedly in their personal capacity.
[01:27:37.880 --> 01:27:41.000]  And if they're on the clock and doing something
[01:27:41.000 --> 01:27:45.120]  in a personal capacity while they're on the public dole,
[01:27:45.120 --> 01:27:46.960]  that's embezzlement.
[01:27:46.960 --> 01:27:49.360]  Embezzlement.
[01:27:49.360 --> 01:27:50.360]  Okay.
[01:27:50.360 --> 01:27:54.760]  So yes, they can, but not if they're on the clock
[01:27:54.760 --> 01:27:59.560]  and being directed to do it as a part of their job.
[01:27:59.560 --> 01:28:01.800]  So that's the information I needed.
[01:28:01.800 --> 01:28:03.160]  Number one, on the clock.
[01:28:03.160 --> 01:28:04.360]  Number two, directed.
[01:28:04.360 --> 01:28:10.520]  And number three, prove that they were not.
[01:28:10.520 --> 01:28:11.280]  I'm not.
[01:28:11.280 --> 01:28:14.920]  They were not acting in official capacity when they did it.
[01:28:14.920 --> 01:28:15.720]  OK.
[01:28:15.720 --> 01:28:16.600]  I've got it.
[01:28:16.600 --> 01:28:18.160]  That's my answer.
[01:28:18.160 --> 01:28:19.240]  All right, ma'am.
[01:28:19.240 --> 01:28:20.080]  Thank you.
[01:28:20.080 --> 01:28:22.880]  You're very welcome.
[01:28:22.880 --> 01:28:23.760]  All right.
[01:28:23.760 --> 01:28:25.440]  Let's go to Austin in New York.
[01:28:25.440 --> 01:28:26.320]  Hi, Austin.
[01:28:26.320 --> 01:28:28.000]  What can we do for you?
[01:28:28.000 --> 01:28:28.480]  Hi.
[01:28:28.480 --> 01:28:30.960]  My name's Austin, and I was wondering
[01:28:30.960 --> 01:28:35.880]  what would happen if I drove a car at 13 with no license?
[01:28:39.760 --> 01:28:41.400]  At 13 with no license.
[01:28:41.400 --> 01:28:45.360]  What I think would happen is your parents would get shot.
[01:28:45.360 --> 01:28:49.000]  Not because you're 13, more or less,
[01:28:49.000 --> 01:28:52.640]  but simply because they would be liable for anything
[01:28:52.640 --> 01:28:56.000]  you did at that age.
[01:28:56.000 --> 01:28:58.320]  How about 16 with no license?
[01:28:58.320 --> 01:29:01.320]  If your state would normally allow a 16-year-old
[01:29:01.320 --> 01:29:03.680]  to obtain a license, then there would be
[01:29:03.680 --> 01:29:06.160]  no reason why you couldn't.
[01:29:06.160 --> 01:29:07.520]  Oh, OK.
[01:29:07.520 --> 01:29:09.480]  OK, thank you.
[01:29:09.480 --> 01:29:11.520]  But now, do be aware.
[01:29:11.520 --> 01:29:14.320]  That is not something to go jumping off into
[01:29:14.320 --> 01:29:18.480]  if you do not know the legal defense necessary to stay
[01:29:18.480 --> 01:29:21.520]  on top of them instead of the other way around.
[01:29:21.520 --> 01:29:23.680]  Yeah.
[01:29:23.680 --> 01:29:24.600]  OK.
[01:29:24.600 --> 01:29:27.440]  All right, I do not recommend somebody
[01:29:27.440 --> 01:29:30.480]  that does not know the legal battle they're getting into
[01:29:30.480 --> 01:29:34.000]  and how to fight it do any such thing.
[01:29:34.000 --> 01:29:34.960]  OK.
[01:29:34.960 --> 01:29:36.560]  OK.
[01:29:36.560 --> 01:29:37.040]  You're welcome.
[01:29:37.040 --> 01:29:38.840]  Thank you.
[01:29:38.840 --> 01:29:41.680]  All right, folks, we're about to go to break.
[01:29:41.680 --> 01:29:43.440]  Gary, Brendan, we see you on the line,
[01:29:43.440 --> 01:29:44.800]  so please hang in there.
[01:29:44.800 --> 01:29:46.120]  We will be right back.
[01:29:46.120 --> 01:29:50.560]  This is Rule of Law Radio 512-646-1984.
[01:29:50.560 --> 01:30:00.320]  We have two more segments, so please give us a call.
[01:30:00.320 --> 01:30:03.640]  Christ fed them most of two with only one loaf of bread.
[01:30:03.640 --> 01:30:06.320]  Poor people, there's something for you.
[01:30:06.320 --> 01:30:09.120]  Austin's Own Caribbean, One Love Kitchen,
[01:30:09.120 --> 01:30:10.600]  on the banks of Colorado River.
[01:30:10.600 --> 01:30:14.280]  At 3109 East 1st Street is where you find One Love Kitchen.
[01:30:14.280 --> 01:30:17.200]  Jerk chicken, vegetarian, restaurant, Monday
[01:30:17.200 --> 01:30:19.720]  through Wednesday, lunch and dinner, $5.
[01:30:19.720 --> 01:30:21.680]  Friday and Saturday, we've got late night
[01:30:21.680 --> 01:30:24.520]  with Emperor Sound Crew, still $5 place.
[01:30:24.520 --> 01:30:28.080]  Jerk chicken and vegetarian place to beat One Love Kitchen,
[01:30:28.080 --> 01:30:30.360]  Austin, Texas.
[01:30:30.360 --> 01:30:32.360]  If you have a Gmail account, Google
[01:30:32.360 --> 01:30:34.560]  reads every message you send or receive
[01:30:34.560 --> 01:30:37.400]  and records the keywords in a profile they keep on you.
[01:30:37.400 --> 01:30:38.800]  I'm Dr. Catherine Albrecht, and I
[01:30:38.800 --> 01:30:40.440]  think that's just plain creepy.
[01:30:40.440 --> 01:30:42.280]  I'll say more in a moment.
[01:30:42.280 --> 01:30:44.800]  Google is watching you, recording everything
[01:30:44.800 --> 01:30:47.640]  you've ever searched for and creating a massive database
[01:30:47.640 --> 01:30:49.480]  of your personal information.
[01:30:49.480 --> 01:30:52.280]  That's creepy, but it doesn't have to be that way.
[01:30:52.280 --> 01:30:55.440]  Startpage.com is the world's most private search engine.
[01:30:55.440 --> 01:30:58.200]  Startpage.com doesn't store your IP address,
[01:30:58.200 --> 01:31:00.800]  make a record of your searches or use tracking cookies,
[01:31:00.800 --> 01:31:02.440]  and they're third party certified.
[01:31:02.440 --> 01:31:04.920]  If you don't like big brother spying on you,
[01:31:04.920 --> 01:31:06.800]  start over with Startpage.
[01:31:06.800 --> 01:31:09.320]  Great search results and total privacy.
[01:31:09.320 --> 01:31:12.960]  Startpage.com, the world's most private search engine.
[01:31:12.960 --> 01:31:15.720]  Hey, Gmail users, ever seen an online ad
[01:31:15.720 --> 01:31:18.800]  that exactly matches something you discuss in a private email?
[01:31:18.800 --> 01:31:20.080]  It's no coincidence.
[01:31:20.080 --> 01:31:23.560]  See, Google offers you Gmail about a $40 annual value
[01:31:23.560 --> 01:31:25.840]  for free, so they can get inside your head
[01:31:25.840 --> 01:31:28.440]  and figure out your interests by reading your mail.
[01:31:28.440 --> 01:31:30.920]  They say reading every message you send or receive
[01:31:30.920 --> 01:31:33.480]  helps them better target ads, but most people
[01:31:33.480 --> 01:31:36.960]  have no idea that Google keeps a record of their email content,
[01:31:36.960 --> 01:31:38.720]  and they'd be pretty upset if they knew.
[01:31:38.720 --> 01:31:41.800]  When Gmail was first released, dozens of privacy experts
[01:31:41.800 --> 01:31:45.200]  asked Google to stay out of people's private correspondence.
[01:31:45.200 --> 01:31:48.000]  Unfortunately, Google ignored our request.
[01:31:48.000 --> 01:31:49.280]  I'm Dr. Catherine Albrecht.
[01:31:49.280 --> 01:31:52.280]  More news and information at CatherineAlbrecht.com.
[01:31:52.280 --> 01:32:19.280]  I'm Dr. Catherine Albrecht, and I'll see you in the next video.
[01:32:19.280 --> 01:32:47.280]  I'm Dr. Catherine Albrecht, and I'll see you in the next video.
[01:32:47.280 --> 01:32:54.280]  All right, folks, we are back.
[01:32:54.280 --> 01:32:56.280]  This is Rule of Law Radio.
[01:32:56.280 --> 01:32:58.280]  Eddie Craig, Randy Kelton, Jeffrey Stevens.
[01:32:58.280 --> 01:33:00.280]  It is Monday night, traffic night.
[01:33:00.280 --> 01:33:02.280]  We have a half an hour to go in the show,
[01:33:02.280 --> 01:33:05.280]  and we have a couple callers on the board.
[01:33:05.280 --> 01:33:07.280]  So let's go to Gary in Georgia.
[01:33:07.280 --> 01:33:08.280]  Good evening, Gary.
[01:33:08.280 --> 01:33:09.280]  How can we help you?
[01:33:09.280 --> 01:33:10.280]  Good evening, sir.
[01:33:10.280 --> 01:33:15.280]  I've been listening to your program about,
[01:33:15.280 --> 01:33:20.280]  well, that's the testimony of a subscribing witness,
[01:33:20.280 --> 01:33:23.280]  which would be a police officer.
[01:33:23.280 --> 01:33:26.280]  However, there's no evidence in the record
[01:33:26.280 --> 01:33:33.280]  that he's been delegated to carry out such a criminal function
[01:33:33.280 --> 01:33:38.280]  and even ordering you to a judicial process
[01:33:38.280 --> 01:33:44.280]  when the person in charge of the licensing bureau
[01:33:44.280 --> 01:33:48.280]  or commissioner, say, in your state, Department of Transportation.
[01:33:48.280 --> 01:33:53.280]  So therefore, the only thing the regulations govern,
[01:33:53.280 --> 01:33:59.280]  the policeman cannot make law, and so he has no standing,
[01:33:59.280 --> 01:34:01.280]  and it's void of an issue.
[01:34:01.280 --> 01:34:05.280]  And then he uses a counterclaim.
[01:34:05.280 --> 01:34:08.280]  In my state, in about every state in the union,
[01:34:08.280 --> 01:34:14.280]  including the feds, a witness is someone who's testified.
[01:34:14.280 --> 01:34:18.280]  He either testifies orally in writing
[01:34:18.280 --> 01:34:20.280]  or by nodding his head and waving.
[01:34:20.280 --> 01:34:24.280]  So in my state, it says a subscribing witness
[01:34:24.280 --> 01:34:30.280]  shall be produced, and shall be produced in all cases,
[01:34:30.280 --> 01:34:32.280]  except some exceptions there.
[01:34:32.280 --> 01:34:34.280]  But there is no exception,
[01:34:34.280 --> 01:34:38.280]  because the unambiguous intent of the legislature
[01:34:38.280 --> 01:34:42.280]  says the commissioner in my state,
[01:34:42.280 --> 01:34:45.280]  we call him Commissioner of Driver Services,
[01:34:45.280 --> 01:34:48.280]  shall, doesn't mean may,
[01:34:48.280 --> 01:34:54.280]  shall is a word of mandatory obligation, issue of regulation.
[01:34:54.280 --> 01:34:59.280]  Well, the so-called citation by a police officer
[01:34:59.280 --> 01:35:02.280]  has no relevance whatsoever,
[01:35:02.280 --> 01:35:05.280]  because he doesn't show a delegation of duties
[01:35:05.280 --> 01:35:11.280]  from the person in charge of a traffic situation.
[01:35:11.280 --> 01:35:16.280]  So that's my take on it.
[01:35:16.280 --> 01:35:20.280]  Then you can counterclaim on their bonds.
[01:35:20.280 --> 01:35:26.280]  And I'm doing research on people's bonds, breach of bond,
[01:35:26.280 --> 01:35:28.280]  and people should do that
[01:35:28.280 --> 01:35:32.280]  if they're going after the bonding agent administratively.
[01:35:32.280 --> 01:35:33.280]  Enjoy your program.
[01:35:33.280 --> 01:35:35.280]  Have a nice evening, sir.
[01:35:35.280 --> 01:35:36.280]  Thank you.
[01:35:36.280 --> 01:35:37.280]  Well, thank you, Gary.
[01:35:37.280 --> 01:35:39.280]  Appreciate the information.
[01:35:39.280 --> 01:35:41.280]  All right.
[01:35:41.280 --> 01:35:44.280]  Now let's go to Brendan in Connecticut.
[01:35:44.280 --> 01:35:45.280]  Hi, Brendan.
[01:35:45.280 --> 01:35:46.280]  What can we do for you?
[01:35:46.280 --> 01:35:47.280]  Hi, folks.
[01:35:47.280 --> 01:35:48.280]  How are you?
[01:35:48.280 --> 01:35:49.280]  So far, so good.
[01:35:49.280 --> 01:35:50.280]  Great.
[01:35:50.280 --> 01:35:53.280]  Yeah, and I appreciate the help you guys have given me
[01:35:53.280 --> 01:35:55.280]  so far on this case.
[01:35:55.280 --> 01:35:59.280]  I'm actually putting together the legal briefs
[01:35:59.280 --> 01:36:01.280]  in support of the motions that I did
[01:36:01.280 --> 01:36:04.280]  on the traffic ticket that I have been fighting.
[01:36:04.280 --> 01:36:07.280]  I just wanted to run this by you real quick,
[01:36:07.280 --> 01:36:10.280]  because what I originally thought it was
[01:36:10.280 --> 01:36:12.280]  was simulating a legal process,
[01:36:12.280 --> 01:36:14.280]  but I thought that that's what they violated,
[01:36:14.280 --> 01:36:17.280]  because I was the guy that got summoned with a posted note.
[01:36:17.280 --> 01:36:18.280]  Right.
[01:36:18.280 --> 01:36:20.280]  It turns out that there isn't a law
[01:36:20.280 --> 01:36:23.280]  simulating a legal process in Connecticut,
[01:36:23.280 --> 01:36:25.280]  but there's something similar called
[01:36:25.280 --> 01:36:28.280]  forgery in the second degree.
[01:36:28.280 --> 01:36:31.280]  And it basically says, you know,
[01:36:31.280 --> 01:36:32.280]  without reading the entire law,
[01:36:32.280 --> 01:36:35.280]  it basically says if you purport
[01:36:35.280 --> 01:36:39.280]  that this is a legal document,
[01:36:39.280 --> 01:36:42.280]  a written instrument that's official,
[01:36:42.280 --> 01:36:46.280]  that can basically tell you to go to court,
[01:36:46.280 --> 01:36:51.280]  that that's a violation of that law,
[01:36:51.280 --> 01:36:53.280]  that you're guilty of that law.
[01:36:53.280 --> 01:36:55.280]  And I was just wondering if that sounded
[01:36:55.280 --> 01:36:57.280]  pretty similar to...
[01:36:57.280 --> 01:36:59.280]  That sounded just like what you want.
[01:36:59.280 --> 01:37:00.280]  Okay.
[01:37:00.280 --> 01:37:04.280]  So in other words, you guys noticed that
[01:37:04.280 --> 01:37:08.280]  if there isn't a law in a state,
[01:37:08.280 --> 01:37:11.280]  it's usually named something else.
[01:37:11.280 --> 01:37:14.280]  In other words, there's no simulating a legal process
[01:37:14.280 --> 01:37:18.280]  because this law covers that type of content.
[01:37:18.280 --> 01:37:20.280]  Does that make sense?
[01:37:20.280 --> 01:37:22.280]  Yes, it does.
[01:37:22.280 --> 01:37:23.280]  Okay.
[01:37:23.280 --> 01:37:25.280]  So I'm doing the legal briefs,
[01:37:25.280 --> 01:37:27.280]  and I just want to be super careful
[01:37:27.280 --> 01:37:30.280]  because Randy said that it's different than a motion.
[01:37:30.280 --> 01:37:34.280]  And what I got is a legal brief is basically made up
[01:37:34.280 --> 01:37:39.280]  of an introduction, which is kind of a summarization,
[01:37:39.280 --> 01:37:43.280]  the facts of the case, the argument,
[01:37:43.280 --> 01:37:46.280]  which is where you put the case law and the laws in,
[01:37:46.280 --> 01:37:48.280]  and then a quick conclusion.
[01:37:48.280 --> 01:37:51.280]  Is that about right?
[01:37:51.280 --> 01:37:52.280]  Yes.
[01:37:52.280 --> 01:37:53.280]  Okay.
[01:37:53.280 --> 01:37:56.280]  You have your style, your introduction,
[01:37:56.280 --> 01:38:01.280]  statement of facts, if any, your arguments,
[01:38:01.280 --> 01:38:06.280]  and your conclusion, and then your signatory block,
[01:38:06.280 --> 01:38:10.280]  and then your order, or proposed order.
[01:38:10.280 --> 01:38:12.280]  I'm sorry, not order, but proposed order.
[01:38:12.280 --> 01:38:15.280]  And then you have a certificate of service to the court
[01:38:15.280 --> 01:38:17.280]  and a certificate of service to the opposing counsel,
[01:38:17.280 --> 01:38:19.280]  whoever that may be.
[01:38:19.280 --> 01:38:20.280]  Okay, great.
[01:38:20.280 --> 01:38:25.280]  So I'm halfway there mentally because I'm just trying
[01:38:25.280 --> 01:38:27.280]  to form this in my mind before I write it out
[01:38:27.280 --> 01:38:30.280]  because I just don't want any mistakes.
[01:38:30.280 --> 01:38:35.280]  So another question I had was do I need case law,
[01:38:35.280 --> 01:38:39.280]  or could I just use the laws that are on the books
[01:38:39.280 --> 01:38:41.280]  as they apply to the facts?
[01:38:41.280 --> 01:38:43.280]  You use the laws that are on the books.
[01:38:43.280 --> 01:38:45.280]  They take precedent over case law,
[01:38:45.280 --> 01:38:48.280]  but you want to find as much case law in support
[01:38:48.280 --> 01:38:51.280]  of your argument regarding the laws
[01:38:51.280 --> 01:38:54.280]  that are on the books as you can.
[01:38:54.280 --> 01:38:59.280]  Okay, because that kind of ties it down a little bit better.
[01:38:59.280 --> 01:39:01.280]  And one more question.
[01:39:01.280 --> 01:39:04.280]  I'm working with a site called Justia.
[01:39:04.280 --> 01:39:07.280]  Is that a pretty good site to kind of, you know...
[01:39:07.280 --> 01:39:10.280]  If you like paying them money.
[01:39:10.280 --> 01:39:12.280]  Well, I'm actually, yeah, the funny thing is,
[01:39:12.280 --> 01:39:15.280]  I'm looking at it now and I'm seeing,
[01:39:15.280 --> 01:39:18.280]  I can actually see the laws and things like that,
[01:39:18.280 --> 01:39:23.280]  but is it the case laws that they have to pay or is that...
[01:39:23.280 --> 01:39:24.280]  Well, I don't know.
[01:39:24.280 --> 01:39:28.280]  I just know Justia is a paid service to download documents
[01:39:28.280 --> 01:39:30.280]  and things like that from.
[01:39:30.280 --> 01:39:31.280]  Okay.
[01:39:31.280 --> 01:39:34.280]  Now, if you actually need to look up case law,
[01:39:34.280 --> 01:39:36.280]  PACER is for federal,
[01:39:36.280 --> 01:39:38.280]  so it's not going to have anything regarding state.
[01:39:38.280 --> 01:39:40.280]  What you need to do is pay a visit
[01:39:40.280 --> 01:39:43.280]  to your local law library if you've got one
[01:39:43.280 --> 01:39:48.280]  or the nearest university to you that would have a law library
[01:39:48.280 --> 01:39:50.280]  and see if they can teach you
[01:39:50.280 --> 01:39:52.280]  because they'll usually have computers
[01:39:52.280 --> 01:39:54.280]  that will allow you to do online research
[01:39:54.280 --> 01:39:56.280]  as well as what's in the books.
[01:39:56.280 --> 01:39:57.280]  Okay.
[01:39:57.280 --> 01:39:59.280]  All right, that makes sense.
[01:39:59.280 --> 01:40:01.280]  And just one more question.
[01:40:01.280 --> 01:40:04.280]  Now, I've got the forgery and the second degree,
[01:40:04.280 --> 01:40:06.280]  which actually a felony, by the way.
[01:40:06.280 --> 01:40:08.280]  Forgery and the second degree,
[01:40:08.280 --> 01:40:11.280]  and then I've got the description of what a summons is,
[01:40:11.280 --> 01:40:15.280]  you know, everything that goes into it.
[01:40:15.280 --> 01:40:19.280]  Is that basically what I want to lay out for the...
[01:40:19.280 --> 01:40:25.280]  You want to lay out the facts as to how the violation occurred
[01:40:25.280 --> 01:40:29.280]  in your brief and in the criminal complaint
[01:40:29.280 --> 01:40:32.280]  you're going to want to file because of it.
[01:40:32.280 --> 01:40:34.280]  Remember, your brief is not a criminal complaint.
[01:40:34.280 --> 01:40:36.280]  You're simply going to file a brief
[01:40:36.280 --> 01:40:39.280]  saying that your due process rights have been violated
[01:40:39.280 --> 01:40:44.280]  because of the criminal action by the opposing counsel,
[01:40:44.280 --> 01:40:47.280]  and here's how he did it,
[01:40:47.280 --> 01:40:49.280]  and here's the law he broke,
[01:40:49.280 --> 01:40:52.280]  and here's why I should be the one that wins this
[01:40:52.280 --> 01:40:57.280]  because he violated my due process rights in what he did.
[01:40:57.280 --> 01:40:59.280]  Okay, that's great.
[01:40:59.280 --> 01:41:03.280]  This is awesome because it just clears things up so much better
[01:41:03.280 --> 01:41:07.280]  like I can actually see how this is going to lay out
[01:41:07.280 --> 01:41:10.280]  as opposed to just throwing something at them.
[01:41:10.280 --> 01:41:13.280]  So the criminal complaint,
[01:41:13.280 --> 01:41:15.280]  that should just be the cherry on top with this, right?
[01:41:15.280 --> 01:41:18.280]  I should definitely be doing that because...
[01:41:18.280 --> 01:41:21.280]  Oh, yes, you most certainly should.
[01:41:21.280 --> 01:41:23.280]  Yep.
[01:41:23.280 --> 01:41:25.280]  All right, well, thanks a lot, guys.
[01:41:25.280 --> 01:41:28.280]  Are you going to add something or...
[01:41:28.280 --> 01:41:30.280]  Okay. No, that's it.
[01:41:30.280 --> 01:41:31.280]  Okay, well, thanks a lot, guys.
[01:41:31.280 --> 01:41:34.280]  I'll let you know how this goes, and I really appreciate everything.
[01:41:34.280 --> 01:41:36.280]  All right, thank you.
[01:41:36.280 --> 01:41:37.280]  Thanks, bye.
[01:41:37.280 --> 01:41:39.280]  All right, bye-bye.
[01:41:39.280 --> 01:41:42.280]  Okay, now we have Jean in New York.
[01:41:42.280 --> 01:41:44.280]  Hi, Jean, can I help you?
[01:41:44.280 --> 01:41:48.280]  Yes, about a year ago, I was on the road,
[01:41:48.280 --> 01:41:52.280]  and I was just about to turn into my driveway
[01:41:52.280 --> 01:41:56.280]  not knowing there was a cop behind the car behind me,
[01:41:56.280 --> 01:42:00.280]  and he didn't have his lights on, and I pulled into my driveway,
[01:42:00.280 --> 01:42:04.280]  and he came into the driveway after me with his lights on,
[01:42:04.280 --> 01:42:07.280]  and he said that I didn't have my seat belt on.
[01:42:07.280 --> 01:42:10.280]  I did have it on, but I didn't have it...
[01:42:10.280 --> 01:42:14.280]  I had it, like, under my arm because I have, like, shoulder soreness,
[01:42:14.280 --> 01:42:19.280]  and so that's why I wore it like that, but I still had my seat belt on,
[01:42:19.280 --> 01:42:21.280]  and he claimed that I didn't have my seat belt on,
[01:42:21.280 --> 01:42:25.280]  and I was just wondering if I had a case to fight that.
[01:42:25.280 --> 01:42:26.280]  Sure you can.
[01:42:26.280 --> 01:42:30.280]  I mean, as long as, you know, you're going to have to fight it on the grounds
[01:42:30.280 --> 01:42:34.280]  of what constitutes a violation of not wearing a seat belt.
[01:42:34.280 --> 01:42:38.280]  See, some states require that the seat belt be worn in the position
[01:42:38.280 --> 01:42:41.280]  it was manufactured to be used in.
[01:42:41.280 --> 01:42:44.280]  Otherwise, they say you commit an offense even if you're wearing it.
[01:42:44.280 --> 01:42:49.280]  So you need to first look at the statute and see what the requisites are.
[01:42:49.280 --> 01:42:50.280]  Okay.
[01:42:50.280 --> 01:42:55.280]  Then you need to see what constitutes an actual violation
[01:42:55.280 --> 01:43:00.280]  regardless of what the requisites are because sometimes they're different.
[01:43:00.280 --> 01:43:03.280]  The requisites will say you must do this, this, and this,
[01:43:03.280 --> 01:43:09.280]  but then the offense says the offense is committed only if you do this.
[01:43:09.280 --> 01:43:11.280]  Oh, okay.
[01:43:11.280 --> 01:43:14.280]  So you need to be aware of that.
[01:43:14.280 --> 01:43:18.280]  You need to read the statute you're being charged under.
[01:43:18.280 --> 01:43:24.280]  Then you're going to need to find out what evidence does the officer have
[01:43:24.280 --> 01:43:32.280]  to substantiate his claim that this violation under this criteria actually occurred.
[01:43:32.280 --> 01:43:33.280]  Okay.
[01:43:33.280 --> 01:43:36.280]  How do you intend to prove it?
[01:43:36.280 --> 01:43:39.280]  Because that's what they've got to do.
[01:43:39.280 --> 01:43:41.280]  Yeah, that's what they've got to do.
[01:43:41.280 --> 01:43:45.280]  But if you'll hang on just a second, Jean, we'll finish this on the other side of the break, okay?
[01:43:45.280 --> 01:43:46.280]  Okay.
[01:43:46.280 --> 01:43:48.280]  We'll be right back.
[01:43:48.280 --> 01:43:50.280]  All right, folks, this is Eddie Craig, Deborah Stevens,
[01:43:50.280 --> 01:43:54.280]  Boulevard Radio, 512-646-1984.
[01:43:54.280 --> 01:44:01.280]  We've got one more segment to go, and this is our last call, so call us up.
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[01:45:03.280 --> 01:45:06.280]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:17.280 --> 01:45:21.280]  If you have a lawyer, know what your lawyer should be doing.
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[01:45:51.280 --> 01:45:54.280]  pro se tactics, and much more.
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[01:46:17.280 --> 01:46:22.280]  If you did not have any problems, where are you going to look for one?
[01:46:22.280 --> 01:46:28.280]  If you could not wage any bouts of law, what would your purpose have to be done?
[01:46:28.280 --> 01:46:34.280]  Would you stand among the soldier or warrior of love scuffling their keepers' heaths?
[01:46:34.280 --> 01:46:37.280]  All they're taking is a misunderstanding.
[01:46:37.280 --> 01:46:45.280]  If somebody calls the police, they're watching the spotlight.
[01:46:45.280 --> 01:46:47.280]  They're watching the spotlight.
[01:46:47.280 --> 01:46:51.280]  Hi folks, we are back. This is Rule of Law Radio.
[01:46:51.280 --> 01:46:54.280]  Okay, we are going to finish up with Gene in New York.
[01:46:54.280 --> 01:46:57.280]  This is our last segment, so get in your calls.
[01:46:57.280 --> 01:46:59.280]  We do have a couple other people on the board,
[01:46:59.280 --> 01:47:03.280]  so we're going to try to get through this so we can get everybody handled before the last minute's up.
[01:47:03.280 --> 01:47:09.280]  All right, Gene, anything else that we can do for you or any questions you have with what I said?
[01:47:09.280 --> 01:47:16.280]  No, I was just wondering, is there something I could do if the policeman was wrong?
[01:47:16.280 --> 01:47:22.280]  Most certainly, if you're willing to sue him after the fact for malicious prosecution.
[01:47:22.280 --> 01:47:26.280]  Okay, so I would have to look that up and find out first what the rules are.
[01:47:26.280 --> 01:47:30.280]  Right, you'd have to look up that and see what the offense is for that in your state
[01:47:30.280 --> 01:47:34.280]  or if there is such an offense in your state or something similar.
[01:47:34.280 --> 01:47:35.280]  Okay.
[01:47:35.280 --> 01:47:36.280]  Okay.
[01:47:36.280 --> 01:47:38.280]  All right, well thank you very much, Jeff.
[01:47:38.280 --> 01:47:40.280]  You're very welcome.
[01:47:40.280 --> 01:47:42.280]  Ed.
[01:47:42.280 --> 01:47:44.280]  All right, thank you.
[01:47:44.280 --> 01:47:45.280]  Have a good night.
[01:47:45.280 --> 01:47:46.280]  You too.
[01:47:46.280 --> 01:47:47.280]  Bye-bye.
[01:47:47.280 --> 01:47:48.280]  Bye.
[01:47:48.280 --> 01:47:52.280]  All right, now let's go to James in Texas.
[01:47:52.280 --> 01:47:54.280]  Sheldon, you were there and then you were gone.
[01:47:54.280 --> 01:47:55.280]  Let's come on back.
[01:47:55.280 --> 01:47:56.280]  Hi, James.
[01:47:56.280 --> 01:47:58.280]  What can we do for you?
[01:47:58.280 --> 01:47:59.280]  Yes, sir.
[01:47:59.280 --> 01:48:07.280]  I have a friend who was accused of gotten a lot of intoxicated, and he needs to go to court.
[01:48:07.280 --> 01:48:13.280]  And I'm wondering, first thing he needs to do is go get all the information he can out of this file, correct?
[01:48:13.280 --> 01:48:14.280]  That's correct.
[01:48:14.280 --> 01:48:23.280]  This first meeting or whatever is just to set up an arraignment or what is that to do?
[01:48:23.280 --> 01:48:30.280]  Well, the first meeting is what's supposed to be done under Article 15.17 Code of Criminal Procedure,
[01:48:30.280 --> 01:48:31.280]  but they don't ever do it.
[01:48:31.280 --> 01:48:33.280]  When he was supposed to go to the magistrate.
[01:48:33.280 --> 01:48:34.280]  I'm sorry?
[01:48:34.280 --> 01:48:37.280]  That was when he was supposed to go to the magistrate.
[01:48:37.280 --> 01:48:41.280]  What did they originally arrest him for?
[01:48:41.280 --> 01:48:44.280]  I guess a DWI.
[01:48:44.280 --> 01:48:45.280]  Okay.
[01:48:45.280 --> 01:48:51.280]  If they arrested him for that, then they went to the penal code, not to the transportation code.
[01:48:51.280 --> 01:48:52.280]  Okay.
[01:48:52.280 --> 01:48:53.280]  I can almost guarantee you that.
[01:48:53.280 --> 01:48:58.280]  However, they initiated the stop under the transportation code.
[01:48:58.280 --> 01:49:00.280]  That much I'm willing to bet you.
[01:49:00.280 --> 01:49:01.280]  Yes, sir.
[01:49:01.280 --> 01:49:02.280]  It was the first meeting.
[01:49:02.280 --> 01:49:13.280]  Yeah, in which case they are bound by completing the task of Chapter 543, which commanded them to take him immediately before a magistrate,
[01:49:13.280 --> 01:49:15.280]  and they did not do that.
[01:49:15.280 --> 01:49:19.280]  Because it was under the transportation code that they stopped him.
[01:49:19.280 --> 01:49:20.280]  Correct.
[01:49:20.280 --> 01:49:21.280]  Okay.
[01:49:21.280 --> 01:49:22.280]  All right.
[01:49:22.280 --> 01:49:26.280]  Now, he does need to know everything that's in his file.
[01:49:26.280 --> 01:49:31.280]  He needs to make sure that there are a minimum of three things in there,
[01:49:31.280 --> 01:49:37.280]  or in this case possibly only two, the criminal complaint and the information.
[01:49:37.280 --> 01:49:39.280]  Who wrote him the ticket?
[01:49:39.280 --> 01:49:41.280]  Okay.
[01:49:41.280 --> 01:49:42.280]  Who wrote him the ticket?
[01:49:42.280 --> 01:49:47.280]  Oh, it was Travis County Sheriff.
[01:49:47.280 --> 01:49:49.280]  Travis, so it's county.
[01:49:49.280 --> 01:49:51.280]  So he'll be going to a county court then.
[01:49:51.280 --> 01:49:53.280]  Yes, sir.
[01:49:53.280 --> 01:49:58.280]  Now, did they send him to a county court or did they send him to a justice court?
[01:49:58.280 --> 01:49:59.280]  Okay.
[01:49:59.280 --> 01:50:00.280]  I don't know that yet.
[01:50:00.280 --> 01:50:04.280]  Okay, you need to find that out because the justice court will not have jurisdiction over this
[01:50:04.280 --> 01:50:07.280]  because it's going to be at least a Class B if they're charging with it.
[01:50:07.280 --> 01:50:08.280]  Right.
[01:50:08.280 --> 01:50:10.280]  Okay.
[01:50:10.280 --> 01:50:17.280]  So there must be a complaint and there must be an information in the record.
[01:50:17.280 --> 01:50:18.280]  Okay.
[01:50:18.280 --> 01:50:20.280]  And that's just what it's called, an information?
[01:50:20.280 --> 01:50:24.280]  Yeah, and it will be signed by the prosecuting attorney for the state.
[01:50:24.280 --> 01:50:28.280]  But if that is not in the file when you make your first appearance,
[01:50:28.280 --> 01:50:33.280]  they've got a problem because that is what grants jurisdiction to the court.
[01:50:33.280 --> 01:50:38.280]  And without that document, the court doesn't have any.
[01:50:38.280 --> 01:50:39.280]  All right.
[01:50:39.280 --> 01:50:46.280]  So when he goes in to enter a plea and there is no information or a complaint in that file,
[01:50:46.280 --> 01:50:53.280]  and there better be both, if there isn't, then he needs to insist that he cannot enter a plea.
[01:50:53.280 --> 01:50:56.280]  The court lacks jurisdiction.
[01:50:56.280 --> 01:50:59.280]  There is no charging instrument.
[01:50:59.280 --> 01:51:00.280]  Okay.
[01:51:00.280 --> 01:51:09.280]  And if they try to tell you that they can do it on the complaint alone, object loudly.
[01:51:09.280 --> 01:51:16.280]  Now the other thing is, the very first thing that should come out of his mouth when he is called up is,
[01:51:16.280 --> 01:51:24.280]  I move the court that all proceedings be on the record.
[01:51:24.280 --> 01:51:31.280]  If he does not do that, the court reporter is going to sit there on his or her hands and do nothing.
[01:51:31.280 --> 01:51:37.280]  And the judge will do whatever they want because there is no record of it.
[01:51:37.280 --> 01:51:40.280]  Right.
[01:51:40.280 --> 01:51:41.280]  Okay?
[01:51:41.280 --> 01:51:43.280]  Yes, sir.
[01:51:43.280 --> 01:51:45.280]  So that's where you need to start.
[01:51:45.280 --> 01:51:47.280]  Thank you very much.
[01:51:47.280 --> 01:51:48.280]  You're very welcome.
[01:51:48.280 --> 01:51:49.280]  Good luck.
[01:51:49.280 --> 01:51:51.280]  All right.
[01:51:51.280 --> 01:51:57.280]  Okay, now, well, folks, I hate to say it, that was our last caller on the board.
[01:51:57.280 --> 01:52:02.280]  You all left me hanging and now I got to talk your ear off for another 10 minutes.
[01:52:02.280 --> 01:52:05.280]  Well, let's see, where do we need to go from here?
[01:52:05.280 --> 01:52:11.280]  Deborah, have you got anything that you wanted to say during the show so far?
[01:52:11.280 --> 01:52:13.280]  I may have put her on the spot, too.
[01:52:13.280 --> 01:52:17.280]  She may be busy in the background and not even know I'm talking to her.
[01:52:17.280 --> 01:52:20.280]  All right, folks, while we're waiting on somebody else to talk...
[01:52:20.280 --> 01:52:22.280]  Actually, I do have a question.
[01:52:22.280 --> 01:52:23.280]  All right.
[01:52:23.280 --> 01:52:34.280]  Concerning this surcharge issue, what is your advice or what do you have to say concerning the surcharges?
[01:52:34.280 --> 01:52:43.280]  Like if somebody gets convicted, quote, unquote, of some Class C misdemeanor traffic tickets
[01:52:43.280 --> 01:52:46.280]  and then they try to charge you with a surcharge, how do you deal with that?
[01:52:46.280 --> 01:52:51.280]  Well, here's the first question I've got to ask regarding how that would even work.
[01:52:51.280 --> 01:52:57.280]  First off, you've been found guilty by a jury of a specific fine.
[01:52:57.280 --> 01:53:08.280]  Where does the state get off on charging you something outside of the amount the jury determines you had to pay?
[01:53:08.280 --> 01:53:16.280]  How does the legislature justify that type of activity?
[01:53:16.280 --> 01:53:19.280]  Because the jury said this is what you've got to pay.
[01:53:19.280 --> 01:53:27.280]  Where is the state able to come in behind the scenes and demand you pay even more money on top and in addition to that?
[01:53:27.280 --> 01:53:31.280]  And that issue was never adjudicated at trial.
[01:53:31.280 --> 01:53:40.280]  In that particular case, they are trying to up the ante, so to speak, on a determination for an issue
[01:53:40.280 --> 01:53:46.280]  that was not placed in front of the jury, which is if you find the defendant guilty,
[01:53:46.280 --> 01:53:52.280]  there will be excess charges levied outside of the amount of the fine.
[01:53:52.280 --> 01:53:54.280]  That issue's never brought before the court.
[01:53:54.280 --> 01:54:01.280]  So where is the state presuming that the legislature can grant the authority to do what they're doing?
[01:54:01.280 --> 01:54:05.280]  Okay, apparently that's under the Transportation Code, Section 108.
[01:54:05.280 --> 01:54:07.280]  No, no, no, I know it's just the Transportation Code.
[01:54:07.280 --> 01:54:11.280]  What I'm asking is what the hell is the legislature thinking?
[01:54:11.280 --> 01:54:16.280]  If someone actually challenged that on constitutional due process grounds,
[01:54:16.280 --> 01:54:21.280]  there's a very good chance that we could get that thrown out.
[01:54:21.280 --> 01:54:28.280]  Because the issue involving that particular fee is not associated with the case at hand.
[01:54:28.280 --> 01:54:33.280]  So how is it attached after the fact?
[01:54:33.280 --> 01:54:40.280]  It's not something that's brought up to the jury or in the process of the case at all.
[01:54:40.280 --> 01:54:47.280]  When is the accused notified that this is something they're going to have to pay?
[01:54:47.280 --> 01:54:53.280]  They're not, not until after the fact.
[01:54:53.280 --> 01:54:57.280]  So if they're going to award additional monies,
[01:54:57.280 --> 01:55:01.280]  those monies should be something that have to be determined by the jury.
[01:55:01.280 --> 01:55:07.280]  It should not be an arbitrary or excessive amount put back on by the state.
[01:55:07.280 --> 01:55:14.280]  There's a constitutional prohibition on unusual punishment and excessive fines.
[01:55:14.280 --> 01:55:20.280]  This would fall squarely in that category.
[01:55:20.280 --> 01:55:24.280]  It says right there that no excessive fines shall be imposed.
[01:55:24.280 --> 01:55:29.280]  Well, Eddie, if this is all commercial, if you're engaging in commercial activity,
[01:55:29.280 --> 01:55:32.280]  then you're agreeing to the whole regulatory scheme.
[01:55:32.280 --> 01:55:34.280]  I agree.
[01:55:34.280 --> 01:55:41.280]  However, when are you given notice that this is one of the conditions of the regulatory scheme?
[01:55:41.280 --> 01:55:45.280]  This goes back to what Harmon was talking about Friday on the show.
[01:55:45.280 --> 01:55:50.280]  When did the accused get notice?
[01:55:50.280 --> 01:55:54.280]  You can't convict me of something and then come back later and say,
[01:55:54.280 --> 01:56:00.280]  oh, by the way, now we're going to charge you more money because you were convicted.
[01:56:00.280 --> 01:56:05.280]  That's not due process.
[01:56:05.280 --> 01:56:11.280]  That's actually being penalized for exercising your right to not be convicted and losing.
[01:56:11.280 --> 01:56:17.280]  Well, then, Eddie, that raises the question, is this really a criminal issue
[01:56:17.280 --> 01:56:20.280]  or is it really a civil commercial issue?
[01:56:20.280 --> 01:56:23.280]  Well, that's exactly the problem, isn't it?
[01:56:23.280 --> 01:56:32.280]  How are you able to assess an additional fine that's not one adjudicated by the jury at trial for the offense?
[01:56:32.280 --> 01:56:36.280]  How are they getting away with that?
[01:56:36.280 --> 01:56:41.280]  Because, again, we're back to the issue of that's a legislative determination
[01:56:41.280 --> 01:56:50.280]  made outside of judicial review that places an undue burden on the accused
[01:56:50.280 --> 01:56:53.280]  and it was never adjudicated in court.
[01:56:53.280 --> 01:56:56.280]  It was never part of what the jury was made aware of.
[01:56:56.280 --> 01:56:58.280]  So how are they getting away with it?
[01:56:58.280 --> 01:57:01.280]  How is it not a due process violation?
[01:57:01.280 --> 01:57:05.280]  But on that note, we do have a couple of callers back on the board.
[01:57:05.280 --> 01:57:07.280]  I'll see how many we can get in.
[01:57:07.280 --> 01:57:11.280]  So Michael in New York, what can we do for you?
[01:57:11.280 --> 01:57:12.280]  Eddie, great job.
[01:57:12.280 --> 01:57:14.280]  I really appreciate what you're doing.
[01:57:14.280 --> 01:57:18.280]  Hey, I got a call from a friend of mine who lives in the state of Washington.
[01:57:18.280 --> 01:57:21.280]  He is an ambulance driver, a fireman.
[01:57:21.280 --> 01:57:27.280]  He has a CDL Class 1 license, and he renewed his license in December.
[01:57:27.280 --> 01:57:31.280]  All of a sudden, he went out on the ambulance call.
[01:57:31.280 --> 01:57:34.280]  When he got back home, he opened up his mail.
[01:57:34.280 --> 01:57:39.280]  There's a letter from the Department of Transportation or the Motor Vehicle Department,
[01:57:39.280 --> 01:57:42.280]  and they said that his license was suspended.
[01:57:42.280 --> 01:57:43.280]  He called up.
[01:57:43.280 --> 01:57:44.280]  He had no tickets, nothing.
[01:57:44.280 --> 01:57:48.280]  He called up the deal or the motor vehicles,
[01:57:48.280 --> 01:57:52.280]  and they said they had no record at all on the computer why it was suspended.
[01:57:52.280 --> 01:57:54.280]  Nobody could tell him anything.
[01:57:54.280 --> 01:57:57.280]  All you have to do is repay the money and you can get it reinstituted again.
[01:57:57.280 --> 01:58:00.280]  He says, well, what's going to happen from doing it again?
[01:58:00.280 --> 01:58:03.280]  Well, I mean, if the computer says it's not suspended,
[01:58:03.280 --> 01:58:06.280]  then how can he pay money to have it reinstated?
[01:58:06.280 --> 01:58:10.280]  No, they said it was suspended, but there was no reason why.
[01:58:10.280 --> 01:58:13.280]  Then I'd be suing them for deprivation of property
[01:58:13.280 --> 01:58:18.280]  because he has a property interest in that license at this point
[01:58:18.280 --> 01:58:22.280]  because he's entitled to a minimum of an administrative hearing
[01:58:22.280 --> 01:58:25.280]  before they can revoke that license.
[01:58:25.280 --> 01:58:26.280]  Right.
[01:58:26.280 --> 01:58:27.280]  Okay.
[01:58:27.280 --> 01:58:30.280]  So he needs to petition for that and demand it.
[01:58:30.280 --> 01:58:31.280]  Okay.
[01:58:31.280 --> 01:58:32.280]  All right.
[01:58:32.280 --> 01:58:33.280]  Okay, Eddie, thank you.
[01:58:33.280 --> 01:58:34.280]  Yes, sir.
[01:58:34.280 --> 01:58:35.280]  All right, folks.
[01:58:35.280 --> 01:58:38.280]  Gary, I see you on the line, but we don't have enough time to get to you.
[01:58:38.280 --> 01:58:40.280]  Folks, this has been Rule of Law Radio.
[01:58:40.280 --> 01:58:43.280]  Eddie Craig, Deborah Stevens, Randy Kelton.
[01:58:43.280 --> 01:58:44.280]  This has been Traffic Night.
[01:58:44.280 --> 01:58:47.280]  Come back and listen to us on Thursday from 8 to 10
[01:58:47.280 --> 01:58:51.280]  and on Friday from 8 to midnight when we do our four-hour marathon.
[01:58:51.280 --> 01:58:55.280]  Thanks and God bless to you all, and we'll see you on Thursday.
[01:59:21.280 --> 01:59:22.280]  Thank you.
[01:59:51.280 --> 01:59:53.280]  Thank you.