ROL_2011-11-28_16k.timecode

[00:00.000 --> 00:04.640]  This news brief brought to you by the International Newsnet.
[00:04.640 --> 00:09.800]  Environmental campaigners calling for climate justice stage day sit-in Monday at the opening
[00:09.800 --> 00:13.920]  of COP 17, the UN climate talks in Durban, South Africa.
[00:13.920 --> 00:19.480]  Occupy activists in New York held a climate justice day Sunday in solidarity and called
[00:19.480 --> 00:25.520]  on police to stop harassing protesters and arrest CEOs guilty of echoside defined as
[00:25.520 --> 00:32.920]  large-scale destruction of the natural environment or overconsumption of non-renewable resources.
[00:32.920 --> 00:39.760]  The website LiveLeak.com shows Afghan police laughing while forcing a cross-dressing man
[00:39.760 --> 00:40.760]  to strip.
[00:40.760 --> 00:45.920]  The eight-minute video shows Afghan national police humiliating the man nearly to the
[00:45.920 --> 00:47.400]  point of tears.
[00:47.400 --> 00:52.720]  Homosexuality and cross-dressing are considered criminal offenses in Afghanistan.
[00:52.720 --> 00:59.400]  Thousands of anti-nuclear protesters in Germany Sunday blocked a train carrying 150 tons of
[00:59.400 --> 01:01.160]  nuclear waste from France.
[01:01.160 --> 01:07.000]  Over 1,300 protesters were arrested after staging a sit-in, delaying the train by 15
[01:07.000 --> 01:08.000]  hours.
[01:08.000 --> 01:12.360]  Similar protests occurred Wednesday as the train departed from France as demonstrators
[01:12.360 --> 01:16.480]  battled police who used tear gas to disperse them.
[01:16.480 --> 01:22.640]  The Federal Reserve and the big banks fought for more than two years to keep secret details
[01:22.640 --> 01:25.400]  of the largest bailout in U.S. history.
[01:25.400 --> 01:30.280]  The Fed didn't tell anyone which banks were in so much trouble they needed a combined
[01:30.280 --> 01:35.040]  $1.2 trillion loan on December 5, 2008.
[01:35.040 --> 01:39.480]  Bankers didn't mention they took tens of billions of dollars in emergency loans.
[01:39.480 --> 01:44.360]  At the same time they were reassuring investors their firms were healthy.
[01:44.360 --> 01:50.600]  Banks reaped an estimated $13 billion in income by taking advantage of the Fed's below-market
[01:50.600 --> 01:51.600]  rates.
[01:51.600 --> 01:56.160]  They were safe by the bailout banker's lobby against government regulations while the Fed
[01:56.160 --> 01:59.840]  never disclosed details of the rescue to Congress.
[01:59.840 --> 02:04.960]  The size of the bailout came to light after Bloomberg LP won a court case against the
[02:04.960 --> 02:11.600]  Fed and a group of the biggest U.S. banks called Clearinghouse Association LLC to force lending
[02:11.600 --> 02:15.040]  details into the open.
[02:15.040 --> 02:18.440]  European workers are protesting austerity measures on the streets while others are
[02:18.440 --> 02:23.640]  struggling to pay for heating as winter approaches, eating at soup kitchens and getting rid of
[02:23.640 --> 02:24.640]  pets.
[02:24.640 --> 02:30.280]  The debt crisis has seen governments cut spending and raise taxes, unemployment is rising and
[02:30.280 --> 02:33.080]  many Europeans are facing a bleak future.
[02:33.080 --> 02:38.440]  There are currently 700 soup kitchens across Germany in number unheard of a decade ago.
[02:38.440 --> 02:40.880]  Pawn brokers report a roaring trade.
[02:40.880 --> 02:46.560]  A general strike halted public transport and factories across Portugal Thursday while Bulgarian
[02:46.560 --> 02:50.600]  railway workers walked out over plans to cut 2,000 jobs.
[02:50.600 --> 02:55.840]  In Greece workers clashed with riot police outside a utility company charged with collecting
[02:55.840 --> 03:24.320]  the new property tax.
[03:55.840 --> 04:15.240]  This is the Monday Night Traffic Show, I am Eddie Craig with Deborah Stevens and Randy
[04:15.240 --> 04:16.240]  Kelton.
[04:16.240 --> 04:19.760]  It is November 28th, 2011.
[04:19.760 --> 04:23.600]  Right now we are going to give you an update, Randy had his contempt hearing today back
[04:23.600 --> 04:29.200]  in Cherokee County and Deborah, can you give us an update on how that transpired please?
[04:29.200 --> 04:31.480]  Yes, I can, I can give an update.
[04:31.480 --> 04:37.960]  Randy did call me this afternoon which is a good thing and he told me that he had just
[04:37.960 --> 04:44.600]  gotten out of the hearing and he did get convicted unfortunately, however the judge
[04:44.600 --> 04:50.600]  sent him to, and by the way this is a contempt hearing for two contempt charges from the
[04:50.600 --> 04:55.960]  trial on his, on the charges against him regarding the operating of a private investigation
[04:55.960 --> 04:56.960]  company.
[04:56.960 --> 05:02.560]  Anyways, he got convicted on both counts but the judge gave him seven days time served
[05:02.560 --> 05:07.880]  because he has already served like a month in jail already and a $500 fine.
[05:07.880 --> 05:12.920]  So that is where it is at and apparently the judge, and I would like to see a transcript
[05:12.920 --> 05:16.960]  of this although I don't know if I ever will, the judge apparently told Randy I am done
[05:16.960 --> 05:20.080]  with you Kelton, I don't want you in my courtroom anymore.
[05:20.080 --> 05:28.840]  But Eddie and I were joking saying, well he may be done with Randy but Randy is sure
[05:28.840 --> 05:34.120]  not done with him and he may not want Randy in his courtroom anymore but Eddie was saying
[05:34.120 --> 05:38.600]  before the show, I hope he likes, I hope he is going to like seeing the inside of a federal
[05:38.600 --> 05:39.600]  court courtroom.
[05:39.600 --> 05:40.600]  So.
[05:40.600 --> 05:43.360]  Yes, he is definitely going to get that opportunity of Randy oppress this issue.
[05:43.360 --> 05:48.480]  Yes, so that is the scoop, fortunately Randy is not going to go back in the clink over these
[05:48.480 --> 05:55.760]  contempt charges and as long as he doesn't do anything really crazy then hopefully he
[05:55.760 --> 05:57.560]  should stay out.
[05:57.560 --> 06:02.080]  But folks we do still need your help so please continue to donate, we do desperately still
[06:02.080 --> 06:06.040]  need your help to keep the network going, it has been very expensive trying to take
[06:06.040 --> 06:12.560]  care of this or deal with Randy and we really could still use your help tremendously.
[06:12.560 --> 06:15.560]  Okay Eddie, that is all I have.
[06:15.560 --> 06:21.520]  Okay, all right for those folks that are waiting on seminar updates please give me just a little
[06:21.520 --> 06:22.520]  bit more time.
[06:22.520 --> 06:27.480]  I have had so much going on this week with the holidays and everything else has been going
[06:27.480 --> 06:28.480]  on.
[06:28.480 --> 06:32.760]  It has just been so hectic trying to get these updates finished and I have not yet got it
[06:32.760 --> 06:33.760]  done.
[06:33.760 --> 06:39.320]  I have gone through and done a complete reorganization which I went over with everyone that attends
[06:39.320 --> 06:42.280]  the classes on this past Sunday.
[06:42.280 --> 06:47.680]  I showed them how the new folder structure is set up to work, hopefully it will, if you
[06:47.680 --> 06:55.320]  will pardon the expression, more idiot proof the process so that it will flow a lot better
[06:55.320 --> 06:58.920]  for people who all they have to do is know where they are at to know what paperwork has
[06:58.920 --> 07:00.520]  to be filed.
[07:00.520 --> 07:06.600]  The one thing that I will make you aware of is that you need to be able to think a little
[07:06.600 --> 07:11.480]  bit on your own without having me sit there and tell you everything in order to use this
[07:11.480 --> 07:12.660]  paperwork.
[07:12.660 --> 07:16.120]  It does require a little bit of effort on your part to figure out how and when to use
[07:16.120 --> 07:17.120]  it.
[07:17.120 --> 07:24.360]  For instance, the motion to disqualify the prosecuting attorney, that motion only applies
[07:24.360 --> 07:26.880]  if you are in a municipal court.
[07:26.880 --> 07:32.400]  It is not a motion you would file in a JP court unless the person doing the prosecuting
[07:32.400 --> 07:36.080]  is not the county or district attorney.
[07:36.080 --> 07:39.920]  And then you need to find out whether or not a district attorney is allowed to prosecute
[07:39.920 --> 07:43.720]  in that county in lieu of a county attorney and so on and so forth.
[07:43.720 --> 07:47.680]  So there are certain things that I cannot prepare for in advance because there are too
[07:47.680 --> 07:49.200]  many variables.
[07:49.200 --> 07:52.760]  So you folks are going to have to think ahead on this a little bit.
[07:52.760 --> 07:59.200]  I am writing an extensive document that goes through each of the folders and every document
[07:59.200 --> 08:00.840]  in it.
[08:00.840 --> 08:06.000]  Hopefully I can get that done as soon as I get all the actual documents themselves updated
[08:06.000 --> 08:10.880]  and put into place with any new references and case law and statutory things that we
[08:10.880 --> 08:11.880]  need.
[08:11.880 --> 08:17.160]  I am going to try to streamline the number of documents we are using to where it is less
[08:17.160 --> 08:18.160]  confusing.
[08:18.160 --> 08:22.840]  But again, every document that we will need, hopefully we will have.
[08:22.840 --> 08:28.200]  And if we don't, there will be enough examples in the seminar material documents to show
[08:28.200 --> 08:32.520]  you how to write and construct one of your own.
[08:32.520 --> 08:37.240]  I can't prepare documents for every single contingency.
[08:37.240 --> 08:42.080]  So when you run into something there is not a document for, the whole purpose of this
[08:42.080 --> 08:48.920]  is for you to be able to read and learn what the arguments are and why we make them so
[08:48.920 --> 08:56.280]  that you can then adapt documentation to those arguments as needed, okay?
[08:56.280 --> 08:59.000]  I cannot fill in for you in the courtroom.
[08:59.000 --> 09:03.080]  I can't stand there and argue the motions in the courtroom.
[09:03.080 --> 09:08.720]  This is going to be stuff that falls on your shoulders to do and it's only going to happen
[09:08.720 --> 09:12.760]  if you make the time and effort to read and study the documents.
[09:12.760 --> 09:18.600]  So please, when you get the updates, delete the old documents before you put the new updates
[09:18.600 --> 09:20.080]  in.
[09:20.080 --> 09:24.920]  The remedies folder that you currently have, you are going to completely wipe that out
[09:24.920 --> 09:29.320]  and you're going to replace it with a new folder that's called going to court.
[09:29.320 --> 09:34.040]  Hopefully people will understand that that's where the court documents are.
[09:34.040 --> 09:38.520]  But anyway, that being said, the updates hopefully I will be able to get them out this week.
[09:38.520 --> 09:44.000]  I'm going to try really, really hard to get it done if things don't get any more hectic
[09:44.000 --> 09:45.920]  than they've been.
[09:45.920 --> 09:52.200]  But in any case, the things that we went over this weekend in class was pretty much more
[09:52.200 --> 09:58.360]  of trying to drill into people the process that occurs during an actual traffic stop.
[09:58.360 --> 10:02.760]  Now for those of you that haven't been to the class and don't know what the process
[10:02.760 --> 10:06.920]  actually entails, this is what we're going to do tonight is we're going to give you a
[10:06.920 --> 10:12.960]  step-by-step process on what we do and why we do it during an actual stop.
[10:12.960 --> 10:20.080]  Now I give people three things to say and three things to do at an initial traffic stop.
[10:20.080 --> 10:26.440]  We had one variance this weekend where the additional information comes from giving the
[10:26.440 --> 10:33.560]  officer the actual judicial notice on the transportation code.
[10:33.560 --> 10:40.080]  So step number one when you're pulled over is you don't pull over on the side of the
[10:40.080 --> 10:41.080]  road.
[10:41.080 --> 10:48.000]  If at all possible, you pull into some form of private property, a business parking lot,
[10:48.000 --> 10:55.520]  a driveway way up off the shoulder of the road, whatever, just don't pull over on the
[10:55.520 --> 10:57.520]  side of the road.
[10:57.520 --> 11:04.040]  The main reason for this is it gives the officers an excuse to say that your car was
[11:04.040 --> 11:10.560]  of safety hazard to the general public and he'll call a tow company and steal it.
[11:10.560 --> 11:15.520]  And you'll have a hard time making the argument that he stole it rather than he was acting
[11:15.520 --> 11:20.720]  to protect the general public if the car is left on the side of the road.
[11:20.720 --> 11:26.560]  You pull it off in a private parking lot, a private drive or something like that and
[11:26.560 --> 11:32.840]  then they tow it and they're not seizing it for evidence, that's theft, no?
[11:32.840 --> 11:33.840]  Take that back.
[11:33.840 --> 11:35.560]  He's wearing a gun.
[11:35.560 --> 11:39.940]  That's aggravated robbery, okay?
[11:39.940 --> 11:45.200]  The other thing you do after you pull the car over is get out of it.
[11:45.200 --> 11:48.680]  Now the officers immediately start yelling, get back in the car, get back in the car.
[11:48.680 --> 11:52.680]  Well, it's a little too late when they start yelling that at me because I get out with
[11:52.680 --> 11:59.480]  my judicial notice in my hand, I have my recorders already on and going, I started the recorders
[11:59.480 --> 12:02.200]  long before I even stopped the car.
[12:02.200 --> 12:08.160]  All of my recorders were turned on, I'd already recorded the date, the time, the place and
[12:08.160 --> 12:14.080]  who was pulling me over and so on and so forth and now I'm getting out of the car.
[12:14.080 --> 12:18.960]  I get out of the car, I throw my keys in the front seat, I lock the car and I close the
[12:18.960 --> 12:19.960]  door.
[12:19.960 --> 12:23.280]  He wants me back in the car, it ain't happening.
[12:23.280 --> 12:30.080]  Now be that as it may, I keep a door key in my wallet, there were several other suggestions
[12:30.080 --> 12:34.000]  made on where to keep spare keys, how you do it, I don't care.
[12:34.000 --> 12:40.440]  The objective is to not be in the car so that the officer can conduct his illegal search
[12:40.440 --> 12:43.760]  of the interior of your car.
[12:43.760 --> 12:47.360]  This is the way the courts have set this argument up.
[12:47.360 --> 12:53.720]  When an officer performs a traffic stop at an arrest, if the individual is inside the
[12:53.720 --> 12:59.280]  car, the officer is only allowed to search the passenger compartment in the immediate
[12:59.280 --> 13:04.960]  vicinity of the driver to ensure that he didn't have access to a weapon.
[13:04.960 --> 13:09.680]  You and I both know that is not what they do.
[13:09.680 --> 13:13.560]  They go through the whole car without a warrant.
[13:13.560 --> 13:17.480]  It's completely illegal but it's what they do.
[13:17.480 --> 13:24.000]  I for one, you want to search my car, you get a warrant and in order to ensure you have
[13:24.000 --> 13:30.080]  to do that, I get out, I lock the car, I throw the keys in it and I close the door.
[13:30.080 --> 13:39.800]  Now there is no judge on this planet that can sign a warrant or allow that type of search
[13:39.800 --> 13:46.360]  when I did not have access to the interior of the automobile.
[13:46.360 --> 13:51.280]  How can you argue that the reason for the search that was necessary during the traffic
[13:51.280 --> 13:58.280]  stop is to prevent access to a weapon to use against the officer if you cannot get into
[13:58.280 --> 14:00.520]  the car?
[14:00.520 --> 14:04.360]  That argument ceases to be reality right there.
[14:04.360 --> 14:08.960]  You can't get into the car to get at a weapon to use against the officer.
[14:08.960 --> 14:13.320]  So his ability to search the car without a warrant becomes moot.
[14:13.320 --> 14:15.400]  He can't do it.
[14:15.400 --> 14:22.800]  Now all he can do is break into the car, in which case what is he going to sign as justification?
[14:22.800 --> 14:27.800]  The only thing he could possibly use is plain view doctrine and there's not going to be
[14:27.800 --> 14:34.200]  anything in my car that would be in plain view for him to use that doctrine on.
[14:34.200 --> 14:36.280]  So what's he to do?
[14:36.280 --> 14:38.000]  He's now got a serious problem.
[14:38.000 --> 14:42.360]  As long as we maintain the status quo and don't give in.
[14:42.360 --> 14:44.120]  Don't tell him you have a spare key.
[14:44.120 --> 14:47.360]  That's none of his business, okay?
[14:47.360 --> 14:50.320]  It's none of his business.
[14:50.320 --> 14:54.000]  He can't charge you with not getting back in your car.
[14:54.000 --> 14:55.960]  There's no crime for that.
[14:55.960 --> 15:01.040]  There's no crime for not doing everything he says.
[15:01.040 --> 15:06.200]  You're not under any obligation to do everything a cop tells you to do, even during a traffic
[15:06.200 --> 15:09.000]  stop.
[15:09.000 --> 15:12.920]  So let him rant, rave, and throw a fit that he can't conduct in the illegal search.
[15:12.920 --> 15:19.320]  I for one could absolutely care less because I'm not going to give him the opportunity
[15:19.320 --> 15:22.200]  to conduct that illegal search.
[15:22.200 --> 15:26.000]  Now I can hear the ladies out there saying, but I'd be afraid of that.
[15:26.000 --> 15:27.000]  He might hurt me.
[15:27.000 --> 15:28.000]  You're right.
[15:28.000 --> 15:29.000]  He might.
[15:29.000 --> 15:34.040]  I do not recommend this course of action for everybody unless they're confident they
[15:34.040 --> 15:37.320]  can handle what comes.
[15:37.320 --> 15:43.080]  But for those of you that intend to enforce your rights, this is what I recommend you
[15:43.080 --> 15:44.080]  do.
[15:44.080 --> 15:47.200]  Or there's going to be an illegal search of your car.
[15:47.200 --> 15:53.040]  And the courts are not going to say a word about it being an illegal search.
[15:53.040 --> 16:02.240]  So my method is to set them up for the only thing it can be, an illegal search.
[16:02.240 --> 16:06.960]  Now once we're out of the car and he wants to throw his little tantrum, I'll let him
[16:06.960 --> 16:09.360]  do that and so on and so forth.
[16:09.360 --> 16:13.800]  When he asked me for information, I'm going to hand him the judicial notice.
[16:13.800 --> 16:16.680]  They're going to refuse to take it and say, look, you have to take it.
[16:16.680 --> 16:19.800]  It's the only piece of information you're getting from me.
[16:19.800 --> 16:24.400]  It has everything in it you need to know and you need to take it.
[16:24.400 --> 16:30.000]  And the moment it's in his sticky, corrupt little fingers, we make the following statement.
[16:30.000 --> 16:34.760]  And this is the only thing outside of the three initial questions I recommend.
[16:34.760 --> 16:37.560]  And I'll go over this on the other side of the parade.
[16:37.560 --> 16:40.120]  Right now, this is Rule of Law Radio.
[16:40.120 --> 16:42.760]  I am Eddie Craig with Deborah Stevens, Randy Kelton.
[16:42.760 --> 16:47.360]  We're going to have you call our board open here after I get done with this material.
[16:47.360 --> 16:51.080]  We'll see you on the other side of the break.
[16:51.080 --> 16:55.280]  Call in number is 512-646-1984.
[16:55.280 --> 17:04.200]  We'll be right back.
[17:04.200 --> 17:12.000]  In the 80s, they fitted to Reagan a debt ceiling compromise, Democrats promising spending cuts
[17:12.000 --> 17:14.560]  with delivering only tax items.
[17:14.560 --> 17:21.360]  The 90s brought more compromises, more broken promises and more new taxes.
[17:21.360 --> 17:29.280]  In August, the next chapter will be written, a defining moment, $14 trillion in debt,
[17:29.280 --> 17:32.640]  visits to unemployed, the dollar in decline.
[17:32.640 --> 17:34.960]  We know where they stand.
[17:34.960 --> 17:38.360]  But will our party's leaders repeat the mistakes of the past?
[17:38.360 --> 17:42.560]  Will they choose compromise or conviction?
[17:42.560 --> 17:45.080]  One candidate has always been true.
[17:45.080 --> 17:50.680]  Ron Paul, cut spending, balance the budget, no deals.
[17:50.680 --> 17:56.920]  Coming up to the Washington Machine, guided by principle, restore America now.
[17:56.920 --> 18:00.480]  I'm Ron Paul and I approve this message.
[18:00.480 --> 18:05.520]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[18:59.400 --> 19:00.400]  now.
[19:00.400 --> 19:20.400]  Look what we got, we asked for Christian, don't know what God is, and I've been sure
[19:20.400 --> 19:30.240]  of it, and I've been blinded, we asked for Christian, look what we got, and they don't have
[19:30.240 --> 19:31.240]  it.
[19:31.240 --> 19:37.240]  Hi folks, we are back, this is ruleoflawradio.
[19:37.240 --> 19:43.280]  Now, the documents and everything that I'm referring to, they are part of the traffic
[19:43.280 --> 19:45.040]  seminar course.
[19:45.040 --> 19:50.680]  That is not what we do on Sundays, Sundays is a due process class where I teach you how
[19:50.680 --> 19:58.840]  to go to court and use the documents and make the arguments as far as defense of due process.
[19:58.840 --> 20:05.320]  Very rarely in court will we argue the merits of a case because it does not make any sense
[20:05.320 --> 20:12.800]  to me whatsoever that a prosecutor, a police officer, and a magistrate and judge should
[20:12.800 --> 20:20.080]  be allowed to violate 50 laws to convict me of not violating one.
[20:20.080 --> 20:27.760]  So what we do is we go after them for violations of due process, failure to perform their duties
[20:27.760 --> 20:29.640]  in accordance with law.
[20:29.640 --> 20:35.360]  When those duties harm us through the deprivation of a right, we make documentation for the
[20:35.360 --> 20:44.400]  court and for the appeals that shows every single thing they fail to do in accordance
[20:44.400 --> 20:48.440]  with law that caused us a harm.
[20:48.440 --> 20:57.920]  That's one thing they cannot do is cause us a harm that convicts us of a crime and that
[20:57.920 --> 21:01.200]  is exactly what they do in these courts.
[21:01.200 --> 21:05.120]  These courts are designed to separate you from your money.
[21:05.120 --> 21:07.000]  They are not about justice.
[21:07.000 --> 21:09.920]  They are not about a fair and impartial trial.
[21:09.920 --> 21:18.880]  They are in no way, shape, or form anything envisioned by the Founding Fathers as due process
[21:18.880 --> 21:23.920]  and I for one will not play ball with them whatsoever.
[21:23.920 --> 21:31.280]  I am going to make every step they take as painful, aggravating, and as grueling as
[21:31.280 --> 21:34.440]  I possibly can.
[21:34.440 --> 21:38.000]  And so far, I seem to be doing a pretty damn good job of it to tell you the truth.
[21:38.000 --> 21:44.520]  You've got almost 80 wins and only four or five total losses out of this so far that
[21:44.520 --> 21:47.340]  have been brought to my attention.
[21:47.340 --> 21:52.040]  So I'd say so far our percentage record is pretty darn good.
[21:52.040 --> 21:58.000]  So that being said, folks, we've proven the documentation works.
[21:58.000 --> 22:05.400]  It makes a record that can't be ignored if you file it and you document everything properly.
[22:05.400 --> 22:11.560]  They cannot ignore their own failure to provide due process.
[22:11.560 --> 22:15.840]  And that's what we're doing here is documenting those failures.
[22:15.840 --> 22:20.840]  Now let's finish this up here on the traffic stop so we'll know where to go from there.
[22:20.840 --> 22:26.160]  Now Deborah asked a question on break about the people that have driver's licenses and
[22:26.160 --> 22:30.120]  proof of insurance and registration and all that.
[22:30.120 --> 22:32.760]  What happens if you produce it?
[22:32.760 --> 22:38.800]  Well, the problem is if you produce it, you're basically telling the cop, yeah, please regulate
[22:38.800 --> 22:39.800]  me.
[22:39.800 --> 22:40.800]  You're right.
[22:40.800 --> 22:42.880]  You're accusing me of violating something I'm regulated by.
[22:42.880 --> 22:47.760]  Here's the information you need to regulate me with it.
[22:47.760 --> 22:50.640]  The problem here is that is a lost cause.
[22:50.640 --> 22:56.720]  The moment you do that, things are all an uphill fight for you if you could even fight
[22:56.720 --> 22:58.720]  it at all.
[22:58.720 --> 23:05.000]  The issue here becomes qualifying the production of those documents.
[23:05.000 --> 23:06.000]  Initially refused.
[23:06.000 --> 23:08.520]  Look, I am not in transportation.
[23:08.520 --> 23:09.960]  I am not in commerce.
[23:09.960 --> 23:11.760]  I am not using that license.
[23:11.760 --> 23:16.080]  I am not doing anything that requires me to have these things.
[23:16.080 --> 23:18.800]  We'll produce them when we're going to arrest you.
[23:18.800 --> 23:21.280]  All right, fine.
[23:21.280 --> 23:27.280]  Under threat, duress, and coercion, I will produce what you're wanting, though I am not
[23:27.280 --> 23:31.920]  engaging in any activity that requires me to have it.
[23:31.920 --> 23:37.520]  But because you threatened me, I'm going to give it to you.
[23:37.520 --> 23:39.320]  That's the qualification.
[23:39.320 --> 23:41.360]  I'm not using it.
[23:41.360 --> 23:49.680]  I am only producing it because you have threatened me and you are carrying a gun.
[23:49.680 --> 23:55.800]  And you have similar individuals milling around with the same bad ignorant attitude who also
[23:55.800 --> 23:58.880]  have guns.
[23:58.880 --> 24:02.280]  So here you go.
[24:02.280 --> 24:06.480]  That's how you qualify the production of those documents.
[24:06.480 --> 24:11.720]  That enables you to continue the fight on the grounds of I was not in transportation
[24:11.720 --> 24:13.520]  and commerce.
[24:13.520 --> 24:15.120]  Okay?
[24:15.120 --> 24:22.960]  Now, after we give the officer those documents, we also want to try, I would resist giving
[24:22.960 --> 24:29.800]  him any of the things he wants until he has taken the judicial notice.
[24:29.800 --> 24:32.520]  That judicial notice is very important.
[24:32.520 --> 24:33.680]  Why?
[24:33.680 --> 24:41.480]  Because it documents the statutes that prove the transportation code is commercial only.
[24:41.480 --> 24:47.040]  Any prosecutor with a working brain cell is going to see that document and know right
[24:47.040 --> 24:54.840]  away that's arguments he cannot win in court because they are in black and white print and
[24:54.840 --> 24:59.400]  a jury will get to see them.
[24:59.400 --> 25:03.560]  That's going to cause a severe problem for him to prove his case.
[25:03.560 --> 25:09.560]  If you know how to make the argument on the statutes, I do.
[25:09.560 --> 25:16.680]  And this class is all about teaching you folks how to make that argument.
[25:16.680 --> 25:21.440]  So it's very important that even if you produce the license registration and everything else
[25:21.440 --> 25:23.440]  that you do two things.
[25:23.440 --> 25:26.920]  Make sure the officer gets the judicial notice first.
[25:26.920 --> 25:31.160]  Make sure you qualify the production of the documents he's demanding.
[25:31.160 --> 25:32.160]  Okay?
[25:32.160 --> 25:39.800]  I would even go so far as to say these documents are being produced in direct violation of
[25:39.800 --> 25:42.000]  my Fifth Amendment protections.
[25:42.000 --> 25:48.640]  This production is not voluntary, it is forced and coerced.
[25:48.640 --> 25:55.120]  Now there's a Title 42, 1983 suit waiting to be filed right there.
[25:55.120 --> 25:56.360]  Why?
[25:56.360 --> 26:02.080]  Because they forced you to violate your Fifth Amendment protections, okay?
[26:02.080 --> 26:07.360]  They compelled you under force of threat, duress, and harm.
[26:07.360 --> 26:14.560]  Violence of your liberty is a harm to produce information that they could charge you further
[26:14.560 --> 26:19.080]  with or use against you in a court of law.
[26:19.080 --> 26:20.680]  That's illegal, folks.
[26:20.680 --> 26:23.360]  Know what your rights are.
[26:23.360 --> 26:27.920]  These cops don't know and if they know they don't care.
[26:27.920 --> 26:29.720]  It's not their job to care.
[26:29.720 --> 26:33.720]  They're hired thugs.
[26:33.720 --> 26:38.840]  I am seriously getting to the point here in Travis County after watching all these cops
[26:38.840 --> 26:40.440]  and talking to a few of them.
[26:40.440 --> 26:42.720]  I know there's some good ones out here.
[26:42.720 --> 26:47.440]  Unfortunately, I have yet to meet one.
[26:47.440 --> 26:52.280]  I mean, what can you say when you talk to a Travis County Sheriff's deputy and offer
[26:52.280 --> 26:58.080]  him a free copy of the seminar book that would explain all of this to him and he looks at
[26:58.080 --> 27:03.320]  you and says, I don't think I should confuse what I'm supposed to know with something I
[27:03.320 --> 27:06.000]  ought to know.
[27:06.000 --> 27:11.800]  Now if that's the mindset these people have, just exactly how well do you think they understand
[27:11.800 --> 27:14.560]  what your individual rights are?
[27:14.560 --> 27:20.600]  And even if they understand them, to what extent do they actually care?
[27:20.600 --> 27:27.120]  If it's not enough to even learn about what the issues are and why they're doing it wrong,
[27:27.120 --> 27:32.640]  why should they care that they're violating your rights?
[27:32.640 --> 27:35.760]  They don't.
[27:35.760 --> 27:41.760]  The sooner we all realize that, the more likely we are to get peed out about it and try to
[27:41.760 --> 27:44.240]  do something before it's too late.
[27:44.240 --> 27:49.000]  If it's not already too late.
[27:49.000 --> 27:53.600]  Let me get you to do a little project of your own, very short, very simple.
[27:53.600 --> 27:55.240]  You can do it on Google.
[27:55.240 --> 27:57.200]  It doesn't matter.
[27:57.200 --> 28:05.200]  Just go look at what the total law enforcement population of the United States was in the
[28:05.200 --> 28:07.680]  1950s.
[28:07.680 --> 28:09.560]  Just go look.
[28:09.560 --> 28:18.840]  Now look at what the total population of law enforcement is in the United States in 2011.
[28:18.840 --> 28:26.160]  And tell me if you do not notice a buildup of armed aggressors that will do the beck and
[28:26.160 --> 28:32.080]  call of the very criminals that are destroying this country.
[28:32.080 --> 28:44.720]  And see if you do not see a huge disproportionate growth between the 50s and today.
[28:44.720 --> 28:49.000]  There's only two reasons these days people go into law enforcement.
[28:49.000 --> 28:54.720]  One, they really, truly want to help people.
[28:54.720 --> 29:04.160]  Two, they have an ego that they can't satiate in any other way than to boss and control
[29:04.160 --> 29:10.360]  as many people as possible through brute force.
[29:10.360 --> 29:12.880]  That about sums it up.
[29:12.880 --> 29:16.000]  You've got these two mentalities.
[29:16.000 --> 29:18.960]  Guess which one is the most prevalent?
[29:18.960 --> 29:24.680]  It certainly is not the former.
[29:24.680 --> 29:30.160]  That being said, I heard Alex say something on his show yesterday that hit home because
[29:30.160 --> 29:33.040]  it's absolutely true.
[29:33.040 --> 29:38.880]  The good officers are getting out of the force because of what's going on, which only makes
[29:38.880 --> 29:45.440]  room for more of the latter type that want to rule by brute force and strength.
[29:45.440 --> 29:46.840]  We need to consider that.
[29:46.840 --> 29:49.120]  All right folks, we're going to break.
[29:49.120 --> 29:50.120]  Jim, I see you there.
[29:50.120 --> 29:51.120]  We'll take you on the other side.
[29:51.120 --> 29:56.480]  This is rule of law radio, the calling number is 512-646-1984.
[29:56.480 --> 30:00.200]  We'll be right back after this break.
[30:00.200 --> 30:05.560]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.560 --> 30:07.880]  The government says the fire brought it down.
[30:07.880 --> 30:12.640]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.640 --> 30:16.640]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[30:16.640 --> 30:18.080]  force responders have died.
[30:18.080 --> 30:19.480]  I'm not a conspiracy theorist.
[30:19.480 --> 30:20.480]  I'm a structural engineer.
[30:20.480 --> 30:21.480]  I'm a New York City correctional.
[30:21.480 --> 30:22.480]  I'm an Air Force pilot.
[30:22.480 --> 30:23.480]  I'm the father who lost his son.
[30:23.480 --> 30:24.480]  We are Americans, and we deserve the truth.
[30:24.480 --> 30:25.480]  Go to RememberBuilding7.org today.
[30:25.480 --> 30:26.480]  The 10 Commandments are a cornerstone of Judaism, Islam, and Christianity.
[30:26.480 --> 30:27.480]  If you're an educated person, you should probably know them regardless of your religion.
[30:27.480 --> 30:28.480]  I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember one
[30:28.480 --> 30:29.480]  of the 10 Commandments.
[30:29.480 --> 30:30.480]  Privacy is under attack.
[30:30.480 --> 30:31.480]  When you give up data about your system, you'll be able to see what's going on in the
[30:31.480 --> 30:32.480]  future.
[30:32.480 --> 30:33.480]  I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember one
[30:33.480 --> 30:34.480]  of the 10 Commandments.
[30:34.480 --> 30:35.480]  Privacy is under attack.
[30:35.480 --> 30:52.480]  When you give up data about yourself, you'll never get it back again.
[30:52.480 --> 30:57.480]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:57.480 --> 30:58.480]  So protect your rights.
[30:58.480 --> 31:02.480]  Say no to surveillance, and keep your information to yourself.
[31:02.480 --> 31:03.480]  Privacy.
[31:03.480 --> 31:04.480]  It's worth hanging onto.
[31:04.480 --> 31:09.480]  This public service announcement is brought to you by StartPage.com, the private search
[31:09.480 --> 31:12.960]  engine alternative to Google, Yahoo, and Bing.
[31:12.960 --> 31:16.200]  Start over with StartPage.
[31:16.200 --> 31:21.480]  What three-letter word practically passes for a four-letter word these days, G-O-D.
[31:21.480 --> 31:25.800]  But commandment number three says, don't use that three-letter word, God's name, as a
[31:25.800 --> 31:26.800]  cuss word.
[31:26.800 --> 31:31.000]  The Bible says, thou shalt not take the name of the Lord thy God in vain.
[31:31.000 --> 31:33.840]  People who follow this commandment don't say, oh, my...
[31:33.840 --> 31:35.840]  Instead they might say, oh, my gosh.
[31:35.840 --> 31:40.520]  Of all the world's moral codes, the 10 Commandments have probably inspired more commitment and
[31:40.520 --> 31:42.360]  controversy than any other.
[31:42.360 --> 31:46.160]  The next time they come up in conversation, you'll be prepared by knowing that commandment
[31:46.160 --> 31:50.840]  number three says to use that three-letter word, God's name, with reverence.
[31:50.840 --> 32:18.840]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:18.840 --> 32:28.120]  All right folks, we are back, this is Rule of Call Radio, I am Eddie Craig with Debra
[32:28.120 --> 32:30.120]  Stevens for Indie Health.
[32:30.120 --> 32:33.680]  Now, let's go ahead and we're going to start taking your calls.
[32:33.680 --> 32:38.320]  The call in number is 512-646-1984.
[32:38.320 --> 32:42.600]  If you have a question, query your poser, please give us a call.
[32:42.600 --> 32:44.800]  Right now we're going to take Jim in Kansas.
[32:44.800 --> 32:46.520]  Jim, what can we do for you?
[32:46.520 --> 32:51.120]  Yeah, hey Eddie, very nice to talk to you, first time caller, I love your show, blah,
[32:51.120 --> 32:52.120]  blah, blah.
[32:52.120 --> 32:53.120]  I mean every word of it.
[32:53.120 --> 32:54.120]  Well, thank you.
[32:54.120 --> 32:55.120]  Appreciate it.
[32:55.120 --> 32:56.120]  All right, here's my situation.
[32:56.120 --> 33:01.760]  I'm a commercial truck driver and I was operating in trust day commerce at the time I received
[33:01.760 --> 33:06.480]  a ticket for no seat belt.
[33:06.480 --> 33:12.680]  That was the sole reason for the stop, was highway patrolman passed by me, I waved at
[33:12.680 --> 33:19.360]  him and he responded by activating his emergency license, proceeded to pull me over and wrote
[33:19.360 --> 33:23.120]  me a ticket for no seat belt.
[33:23.120 --> 33:31.440]  In Kansas, okay, what he wrote on the ticket was violation of KSA 8-2503, which is a secondary
[33:31.440 --> 33:34.080]  violation here.
[33:34.080 --> 33:38.920]  The primary seat belt only applies to passenger cars still.
[33:38.920 --> 33:49.320]  Now he said he could write me up for a violation of a federal regulation, which would be CFR
[33:49.320 --> 33:55.640]  392.16, which simply states that any commercial motor vehicle equipped with a seat belt must
[33:55.640 --> 33:57.520]  be worn by the driver.
[33:57.520 --> 34:04.000]  Now that's not a Kansas statute, but it has been adopted, that's the key here, adopted
[34:04.000 --> 34:09.680]  by the Kansas Corporation Commission as a rule.
[34:09.680 --> 34:17.080]  So again, on the face of the ticket, well, it would prove evidence of false arrest, would
[34:17.080 --> 34:18.560]  it not?
[34:18.560 --> 34:24.480]  Because he did technically write it up for secondary violation, which means obviously
[34:24.480 --> 34:29.440]  he had no right to pull me over for that reason, but then again his excuse was using the federal
[34:29.440 --> 34:30.440]  regulation.
[34:30.440 --> 34:36.920]  Okay, well, when you say secondary violation, you're saying that they're charging you as
[34:36.920 --> 34:39.480]  if this was a second conviction of an offense?
[34:39.480 --> 34:40.920]  No, sir.
[34:40.920 --> 34:47.040]  Primary violation in Kansas means that that is the only reason they need to stop you for
[34:47.040 --> 34:48.040]  a primary offense.
[34:48.040 --> 34:51.760]  In other words, if in a passenger car, they see you not wearing a seat belt.
[34:51.760 --> 34:52.760]  Okay, all right.
[34:52.760 --> 34:53.760]  Stop you.
[34:53.760 --> 34:54.760]  All right, I understand.
[34:54.760 --> 34:58.000]  So secondary offense, what was the primary offense then?
[34:58.000 --> 35:03.200]  The primary offense was not wearing a seat belt, and the statute that he wrote me up
[35:03.200 --> 35:09.440]  under KSA 8-2503 is a secondary violation, meaning he had to have another reason to stop
[35:09.440 --> 35:11.240]  me, which he did not.
[35:11.240 --> 35:16.320]  Yeah, in order to write a ticket for a secondary violation, they have to have another reason
[35:16.320 --> 35:19.080]  to stop you before they can cite you as a seat belt violation.
[35:19.080 --> 35:24.480]  Okay, in that case then, how do you intend to prove the evidence is that this was the
[35:24.480 --> 35:27.800]  primary reason for the stop and not the secondary?
[35:27.800 --> 35:31.520]  Because that's the only thing he has written on the ticket, and...
[35:31.520 --> 35:32.520]  But that's not...
[35:32.520 --> 35:35.720]  He doesn't have to write you up for everything he pulls you over for.
[35:35.720 --> 35:36.720]  Okay.
[35:36.720 --> 35:40.240]  He could say he pulled you over for speeding, but I'm only going to cite you for the seat
[35:40.240 --> 35:41.240]  belt.
[35:41.240 --> 35:42.520]  Okay.
[35:42.520 --> 35:47.040]  Do I have a right to the recording, because obviously I was recording because he...
[35:47.040 --> 35:51.560]  If you intend to use it for evidence in your own defense, I would say absolutely, but
[35:51.560 --> 35:56.000]  you have to file a motion for discovery and or an open records to get it, whatever Kansas
[35:56.000 --> 35:58.000]  requires.
[35:58.000 --> 35:59.560]  Yeah, which I'm not sure on yet.
[35:59.560 --> 36:06.840]  I have heard that allegedly some states do not consider you to have a defendant to have
[36:06.840 --> 36:09.520]  a right to exculpatory evidence or...
[36:09.520 --> 36:13.560]  Well, I guarantee you the laws of the state say otherwise.
[36:13.560 --> 36:17.960]  That may be how the courts want to rule on it, but that's not what the law says.
[36:17.960 --> 36:21.920]  Here in Texas, in fact, it says exactly the opposite of that.
[36:21.920 --> 36:22.920]  I would agree.
[36:22.920 --> 36:26.960]  I assume that, hey, look, if I can't use it, then he can't use it, and if he does, then
[36:26.960 --> 36:30.800]  I have to have the ability to cross-examine that evidence, right?
[36:30.800 --> 36:31.800]  Yes, absolutely.
[36:31.800 --> 36:32.800]  Right.
[36:32.800 --> 36:34.800]  So, see, that puts him to catch 22.
[36:34.800 --> 36:36.680]  If he doesn't want to use it, fine.
[36:36.680 --> 36:38.640]  If he doesn't want to use it, well, that's fine too.
[36:38.640 --> 36:44.880]  Yeah, you have a right to any evidence they intend to use, but he doesn't have to use...
[36:44.880 --> 36:47.160]  Okay, let me put it this way.
[36:47.160 --> 36:52.560]  When you saw him and he saw you, were you going toward each other or going the same direction
[36:52.560 --> 36:53.640]  or what?
[36:53.640 --> 36:54.640]  We were passing each other.
[36:54.640 --> 36:59.520]  He was coming at me and I was...he was heading south, I was heading north.
[36:59.520 --> 37:02.280]  Single lane highway or divided highway?
[37:02.280 --> 37:07.880]  It was a single lane highway with, you know, a double yellow line.
[37:07.880 --> 37:12.120]  Okay, and do you think the field of view of the camera on his dash would be enough to
[37:12.120 --> 37:16.800]  take in that level off the ground to see the driver?
[37:16.800 --> 37:23.960]  You know, I can consider that possible, but, well, kind of possible because I was wearing
[37:23.960 --> 37:28.440]  a very bright colored shirt and a seatbelt black.
[37:28.440 --> 37:33.400]  It's a possibility, but do they record in color or just black and white?
[37:33.400 --> 37:34.400]  Most of them are in color.
[37:34.400 --> 37:38.360]  Okay, and we were passing each other around 50 miles an hour.
[37:38.360 --> 37:39.360]  Okay.
[37:39.360 --> 37:44.600]  So, yeah, I would say if you're going to attempt to use it for defense, of course, what is
[37:44.600 --> 37:49.160]  the defense going to be, just that that was the secondary stop and not the primary or
[37:49.160 --> 37:51.680]  do you intend to argue I was wearing it?
[37:51.680 --> 37:59.320]  Well, okay, he said that he could stop me again under a federal regulation.
[37:59.320 --> 38:00.320]  He didn't tell me this.
[38:00.320 --> 38:03.720]  I found it out later by calling Highway Patrol.
[38:03.720 --> 38:08.040]  Well, but again, in order to stop you under the federal regulation, he would have had
[38:08.040 --> 38:12.280]  to have proven interest state rather than interstate.
[38:12.280 --> 38:13.280]  Right.
[38:13.280 --> 38:19.560]  Okay, that was my catch because even the question, if KCC, Kansas Corporation Commission, which
[38:19.560 --> 38:23.640]  I don't, how does the Highway Patrolmen have the ability to enforce a Kansas Corporation
[38:23.640 --> 38:29.000]  Commission regulation that may be adopted, you know, from a federal regulation versus
[38:29.000 --> 38:33.640]  his authority as a Highway Patrolman to operate under state law and state law only?
[38:33.640 --> 38:38.720]  Well, because when they adopt it, they write a state law that incorporates it.
[38:38.720 --> 38:39.720]  That's why.
[38:39.720 --> 38:40.720]  Okay.
[38:40.720 --> 38:41.720]  Now.
[38:41.720 --> 38:42.720]  That's how they adopt it.
[38:42.720 --> 38:48.960]  The Kansas administrative, the Kansas annotated statutes, there is no provision anywhere that
[38:48.960 --> 38:55.040]  I found for that being passed and becoming a state statute.
[38:55.040 --> 39:01.680]  The only two statutes under Seabelt that they list is primary.
[39:01.680 --> 39:04.600]  All they need is a reason to stop you, you know, if you're not wearing a seatbelt, is
[39:04.600 --> 39:10.440]  the primary violation and in a commercial vehicle registered over 12,000 pounds is a
[39:10.440 --> 39:14.880]  secondary violation, they have to have another reason to stop you.
[39:14.880 --> 39:20.440]  They have to have another reason to stop you first before they can issue a violation.
[39:20.440 --> 39:21.440]  Okay.
[39:21.440 --> 39:24.160]  And he cited one of those too, right?
[39:24.160 --> 39:28.760]  Yeah, he cited me under, okay, so he charged you under the state law that you're talking
[39:28.760 --> 39:29.760]  about.
[39:29.760 --> 39:30.760]  Yeah.
[39:30.760 --> 39:33.680]  Which, again, requires that he have another reason to stop me and.
[39:33.680 --> 39:34.680]  Right.
[39:34.680 --> 39:35.680]  I got that part.
[39:35.680 --> 39:36.680]  Okay.
[39:36.680 --> 39:40.600]  The only reason to do is prove that that was not the secondary stop.
[39:40.600 --> 39:44.960]  So, again, what are you going to use to bolster that evidence?
[39:44.960 --> 39:48.240]  The problem with using the video is going to be this.
[39:48.240 --> 39:49.240]  Video convicts you.
[39:49.240 --> 39:50.240]  Okay.
[39:50.240 --> 39:54.600]  Because if you use the part where you're talking to him to prove that it's not the correct
[39:54.600 --> 39:59.920]  stop and charge, then he's going to use it to say, see, no seatbelt.
[39:59.920 --> 40:06.320]  Oh, I never ever, I knew better, you know, I never discussed anything about the merits
[40:06.320 --> 40:09.040]  of the charge that he was writing me up for.
[40:09.040 --> 40:11.040]  He just says, okay, man, look, I'm doing you a favor.
[40:11.040 --> 40:16.440]  I'm not writing you up for the violation of the federal regulation that I assume only
[40:16.440 --> 40:18.840]  deals with interstate commerce.
[40:18.840 --> 40:20.240]  And like you said, it's adopted.
[40:20.240 --> 40:21.240]  Oh, interstate.
[40:21.240 --> 40:22.240]  Yeah, interstate.
[40:22.240 --> 40:23.240]  I'm sorry.
[40:23.240 --> 40:24.240]  Go ahead.
[40:24.240 --> 40:25.240]  Yeah.
[40:25.240 --> 40:29.840]  Even if the state adopts a federal regulation, they cannot change the nature of it, can they?
[40:29.840 --> 40:30.840]  They cannot say, well.
[40:30.840 --> 40:31.840]  Absolutely.
[40:31.840 --> 40:35.440]  They can't change it to affect anything the federal law doesn't encompass.
[40:35.440 --> 40:36.440]  Right.
[40:36.440 --> 40:40.520]  And federal law only encompasses, the regulation encompasses interstate commerce, and this
[40:40.520 --> 40:41.920]  was an interstate commerce stop.
[40:41.920 --> 40:47.640]  I made it a point to show him my bill of lading, to show that the load was originating and
[40:47.640 --> 40:50.520]  destinating in the same county.
[40:50.520 --> 40:53.720]  So I gave him that.
[40:53.720 --> 40:55.760]  That's exactly, he knew that.
[40:55.760 --> 40:58.600]  He was blowing smoke is what he was doing.
[40:58.600 --> 40:59.600]  I think so.
[40:59.600 --> 41:03.400]  Then he says, well, yeah, because if it's federal regulation, like I said, it cannot
[41:03.400 --> 41:08.320]  change the nature of the character of it, it still has to do with, it may apply if it's
[41:08.320 --> 41:11.000]  adopted for interstate commerce.
[41:11.000 --> 41:14.400]  And I've proved to him and offered him evidence to show that it was interstate.
[41:14.400 --> 41:16.560]  So then he says, well, I'm going to do you a favor.
[41:16.560 --> 41:19.480]  You know, the ticket's only 10 bucks, just pay it.
[41:19.480 --> 41:22.280]  And I never acknowledged that I would.
[41:22.280 --> 41:23.280]  You know, I said, thank you.
[41:23.280 --> 41:25.640]  I appreciate the break.
[41:25.640 --> 41:27.600]  Never argued anything about nothing with him.
[41:27.600 --> 41:31.200]  You know, you don't do that on the side of the road with a cop with a gun.
[41:31.200 --> 41:32.200]  Right.
[41:32.200 --> 41:33.200]  Yeah.
[41:33.200 --> 41:34.200]  Not a good idea.
[41:34.200 --> 41:35.200]  Yeah.
[41:35.200 --> 41:36.200]  So I figured I would save it for court.
[41:36.200 --> 41:42.720]  And so again, on the face of the ticket is, he wrote me up for the secondary violation,
[41:42.720 --> 41:46.360]  which means that he had to have a primary reason for the stop.
[41:46.360 --> 41:49.600]  And what he wrote me up for is not a primary reason.
[41:49.600 --> 41:53.640]  It's only, it's only a secondary violation.
[41:53.640 --> 42:00.400]  So the evidence on its face as far as this ticket is concerned would show false arrest.
[42:00.400 --> 42:06.720]  Now, you mentioned something a minute ago about, oh yeah, about the video evidence.
[42:06.720 --> 42:11.800]  Well, the evidence would show, the video would show that, okay, possibly, show that I was
[42:11.800 --> 42:14.120]  not wearing the seatbelt.
[42:14.120 --> 42:17.720]  And that was the reason for him activating his emergency lights.
[42:17.720 --> 42:18.720]  Period.
[42:18.720 --> 42:19.720]  That was it.
[42:19.720 --> 42:24.800]  He never mentioned anything else during the entire time, which took about 10 minutes,
[42:24.800 --> 42:25.800]  15 times.
[42:25.800 --> 42:29.520]  He never said, well, I noticed this or I noticed that or I could have stopped you for this.
[42:29.520 --> 42:34.960]  He said nothing about anything else, except for that I wasn't wearing my seatbelt.
[42:34.960 --> 42:35.960]  And he asked me why.
[42:35.960 --> 42:38.480]  He said, how come you weren't wearing your seatbelt?
[42:38.480 --> 42:40.720]  And I think he was looking for corroboration at that point.
[42:40.720 --> 42:41.720]  Is that not right?
[42:41.720 --> 42:42.720]  Yeah.
[42:42.720 --> 42:43.720]  He was looking to get you to admit.
[42:43.720 --> 42:44.720]  Yeah.
[42:44.720 --> 42:45.720]  Yeah.
[42:45.720 --> 42:47.600]  And I said, well, I had it on.
[42:47.600 --> 42:52.680]  But I just took it off because I was just stopping to make the turn here on the street
[42:52.680 --> 42:59.160]  that I did to add, I needed to add some water to the load.
[42:59.160 --> 43:04.040]  So anyhow, that's corroboration.
[43:04.040 --> 43:10.600]  But I was hoping I could use also, in the case of last resort, corpus delicti rule.
[43:10.600 --> 43:14.480]  If there is no injury and there is no damage and he never witnessed either.
[43:14.480 --> 43:20.120]  Well, they've done what they've called the malaprohibidome and strict liability statutes
[43:20.120 --> 43:21.120]  on this.
[43:21.120 --> 43:22.120]  Yeah.
[43:22.120 --> 43:24.680]  They don't have to prove an injury, unfortunately.
[43:24.680 --> 43:25.680]  Yeah.
[43:25.680 --> 43:26.680]  Yeah.
[43:26.680 --> 43:31.280]  So what I would do, however, is move to quash the citation and any complaint that should
[43:31.280 --> 43:32.920]  be based on that citation.
[43:32.920 --> 43:33.920]  Motion to the next.
[43:33.920 --> 43:40.680]  If the citation says it's a secondary offense stop, and it's, and that's the only reason
[43:40.680 --> 43:45.680]  he stopped you, then that would make the citation invalid, the stop itself being invalid.
[43:45.680 --> 43:47.680]  So that's what I would do.
[43:47.680 --> 43:48.680]  Okay.
[43:48.680 --> 43:49.680]  Okay.
[43:49.680 --> 43:50.680]  Alrighty, Eddie.
[43:50.680 --> 43:51.680]  Oh.
[43:51.680 --> 43:52.680]  All right, Jim.
[43:52.680 --> 43:53.680]  Hang on.
[43:53.680 --> 43:54.680]  We'll get you on the other side of the break and finish up.
[43:54.680 --> 43:56.680]  This is rule of law radio.
[43:56.680 --> 43:59.680]  We'll be right back after the break.
[43:59.680 --> 44:03.680]  Are you the plaintiff or defendant in a lawsuit?
[44:03.680 --> 44:09.680]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand four CD
[44:09.680 --> 44:14.680]  course that will show you how in 24 hours, step by step.
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[44:33.680 --> 44:38.680]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
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[44:52.680 --> 45:00.680]  Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[45:00.680 --> 45:05.680]  The Oklahoma City bombing, top 10 reasons to question the official story.
[45:05.680 --> 45:09.680]  Reason number one, John Doe number two, and other accomplices.
[45:09.680 --> 45:13.680]  On the day of the bombing, nearly all of the witnesses that saw Tim McBae and the writer
[45:13.680 --> 45:18.680]  truck report that he was accompanied by other perpetrators.
[45:18.680 --> 45:22.680]  The FBI and federal prosecutors insist that Tim McBae alone delivered the writer truck
[45:22.680 --> 45:25.680]  bomb to the Murrah building and detonated it.
[45:25.680 --> 45:29.680]  The only witness the government produced to place McBae at the building that morning,
[45:29.680 --> 45:34.680]  Dana Bradley, who lost her children and one of her legs in the bombing, testified that she
[45:34.680 --> 45:39.680]  saw McBae with another man, the faithful John Doe number two, exiting the writer truck.
[45:39.680 --> 45:44.680]  Six 15 other witnesses claim to have seen McBae with other perpetrators the day of the bombing.
[45:44.680 --> 45:50.680]  No less than 226 witnesses placed him with other men in the days before the bombing,
[45:50.680 --> 45:55.680]  including when he rented the writer truck, and in some cases have positively identified
[45:55.680 --> 45:57.680]  the other perpetrators.
[45:57.680 --> 46:23.680]  For more information, please visit okcbombingtruth.com.
[46:23.680 --> 46:30.680]  All right folks, we are back. This is Rule of Law Radio. Call that number is 512-646-1984.
[46:30.680 --> 46:34.680]  What do I see there? Hang on, let me finish up with Jim and we'll take your call.
[46:34.680 --> 46:36.680]  All right, Jim, anything else?
[46:36.680 --> 46:40.680]  Yeah, Eddie, thank you for the extended time here. General questions that might apply to everyone,
[46:40.680 --> 46:47.680]  not just my case. Traffic court, is it quasi-criminal, quasi-civil, is it administrative?
[46:47.680 --> 46:49.680]  There's no such thing as quasi.
[46:49.680 --> 46:53.680]  These idiotic judges cooked up this idea of quasi anything?
[46:53.680 --> 46:54.680]  Yeah.
[46:54.680 --> 47:00.680]  Well, I'm going to assume you're a quasi judge and I quasi don't give a crap and I'm going home.
[47:00.680 --> 47:05.680]  Okay, that answers that. How about, do you have a right to demand it?
[47:05.680 --> 47:09.680]  Well, purely judicial proceeding, that was a note, you just took care of that.
[47:09.680 --> 47:14.680]  Mandatory judicial notice of both of office, does that force a judge to act?
[47:14.680 --> 47:21.680]  Do you expect to know that the individual that's acclaiming to act under a certain authority has the ability to do so?
[47:21.680 --> 47:28.680]  Can you ask a court to take mandatory judicial notice, say, of the oath of office of the Honorable Joe Blow?
[47:28.680 --> 47:33.680]  You can, though I don't know what purpose that will serve, it'll be objected to as relevance.
[47:33.680 --> 47:34.680]  Thank you.
[47:34.680 --> 47:40.680]  The only thing you can use in that that for is to challenge the jurisdiction of the court.
[47:40.680 --> 47:47.680]  You can say, Honorable Joe Blow does not have an oath of office, therefore has no authority to sit.
[47:47.680 --> 47:54.680]  And as such, I am objecting to your presence, you're recused, you're not qualified, step down.
[47:54.680 --> 47:59.680]  And you can request that he produce his oath of office?
[47:59.680 --> 48:00.680]  No.
[48:00.680 --> 48:05.680]  If you want his oath of office, go get it from the record keeper.
[48:05.680 --> 48:09.680]  He's not required to keep it on him and produce it on demand.
[48:09.680 --> 48:10.680]  Okay.
[48:10.680 --> 48:14.680]  Not unless you can find something in the Constitution or the laws of the state that says he is.
[48:14.680 --> 48:15.680]  All right.
[48:15.680 --> 48:18.680]  How about this, removal jurisdiction into a court of record?
[48:18.680 --> 48:20.680]  I mean, is the traffic court a court of record?
[48:20.680 --> 48:24.680]  Is there a procedure in Kansas law that allows that to occur?
[48:24.680 --> 48:32.680]  I don't know for sure, but from what I've read in other jurisdictions, all you have to do is go to a federal court and request removal jurisdiction.
[48:32.680 --> 48:39.680]  Sorry, you're talking about removing it to the Fed versus removing it to a court of record, not the same thing.
[48:39.680 --> 48:40.680]  Okay.
[48:40.680 --> 48:43.680]  What would be an example of, say, in Texas anyhow, to remove it?
[48:43.680 --> 48:54.680]  In order to remove it to the Fed, you would have to prove that there is a harm to a federally protected right that the state will not take any effort to protect.
[48:54.680 --> 48:57.680]  How about conflict of interest?
[48:57.680 --> 49:01.680]  Conflict of interest does not cover what I just said, it doesn't.
[49:01.680 --> 49:02.680]  Okay.
[49:02.680 --> 49:03.680]  How about just in general?
[49:03.680 --> 49:11.680]  Conflict of interest will give you the right to recuse or disqualify, but not to remove the federal court.
[49:11.680 --> 49:12.680]  Okay.
[49:12.680 --> 49:13.680]  Say, skip the federal court for a minute.
[49:13.680 --> 49:19.680]  And what about conflict of interest as far as even if there is the appearance of a conflict of interest?
[49:19.680 --> 49:27.680]  For example, the judge is a state employee, the officer is a state employee, the prosecutor is a state employee.
[49:27.680 --> 49:31.680]  Is there any...
[49:31.680 --> 49:32.680]  Not necessarily true.
[49:32.680 --> 49:37.680]  The judge may not be a state employee, he can be a county employee, he can be a city employee.
[49:37.680 --> 49:38.680]  Okay.
[49:38.680 --> 49:40.680]  But he's still acting on behalf of the state.
[49:40.680 --> 49:41.680]  Yeah.
[49:41.680 --> 49:42.680]  He must.
[49:42.680 --> 49:43.680]  Why?
[49:43.680 --> 49:54.680]  Because I don't know of any state of the union where the prosecution can be carried on in anything other than the name of the people or the name of the state.
[49:54.680 --> 49:55.680]  Okay.
[49:55.680 --> 49:57.680]  In Texas, people versus state...
[49:57.680 --> 50:00.680]  Oh, in Texas, it's the state of Texas versus.
[50:00.680 --> 50:01.680]  Okay.
[50:01.680 --> 50:04.680]  In Pennsylvania, it's the people versus.
[50:04.680 --> 50:05.680]  Okay.
[50:05.680 --> 50:06.680]  I see.
[50:06.680 --> 50:11.680]  So it's basically just custom usage, just what they use.
[50:11.680 --> 50:12.680]  It doesn't...
[50:12.680 --> 50:19.680]  It depends upon what the state constitution or the law say the proceedings must be under the authority of.
[50:19.680 --> 50:20.680]  Okay.
[50:20.680 --> 50:21.680]  How about this?
[50:21.680 --> 50:28.680]  If I would get a probable cause hearing, what happens, Eddie, when you're in front of a judge and he asks you how you please?
[50:28.680 --> 50:34.680]  And then you say, well, at this time, I don't feel a need to enter a plea.
[50:34.680 --> 50:39.680]  Can I move for an information hearing to determine whether probable cause existed?
[50:39.680 --> 50:40.680]  Can we have...
[50:40.680 --> 50:43.680]  Is there a procedure under Kansas law that allows you to do that?
[50:43.680 --> 50:44.680]  Don't know.
[50:44.680 --> 50:48.680]  See, the question becomes, are they following procedure?
[50:48.680 --> 50:49.680]  Okay.
[50:49.680 --> 50:57.680]  If they're not, and that procedure deprives you of a due process right, then they violated your rights.
[50:57.680 --> 50:58.680]  All right.
[50:58.680 --> 50:59.680]  Okay.
[50:59.680 --> 51:00.680]  Okay.
[51:00.680 --> 51:05.680]  But until you know what the rules are, you're not going to know if they broke them.
[51:05.680 --> 51:06.680]  Okay.
[51:06.680 --> 51:08.680]  So let's say I'm in the discovery phase.
[51:08.680 --> 51:10.680]  I get that far.
[51:10.680 --> 51:17.680]  Can I ask the prosecution or ask the judge to have the prosecutor produce a valid cause of action,
[51:17.680 --> 51:22.680]  showing that there is a real plaintiff involved that has filled out a sworn affidavit
[51:22.680 --> 51:24.680]  or a complaint against me with signature required?
[51:24.680 --> 51:28.680]  Because you know how they say, state of Kansas or state of this or state of that?
[51:28.680 --> 51:29.680]  Okay.
[51:29.680 --> 51:36.680]  You can, but the thing is, that will most likely have been done unless they're doing it like they do here in Texas
[51:36.680 --> 51:38.680]  and the clerk of the court is signing it.
[51:38.680 --> 51:45.680]  If the officer swears out a complaint, it's a valid complaint as long as it conforms to the requirements of law in that state.
[51:45.680 --> 51:46.680]  Okay.
[51:46.680 --> 51:53.680]  If he allowed to act or a complaint on behalf of the third party, which would be a state,
[51:53.680 --> 51:56.680]  doesn't he have to have a personal...
[51:56.680 --> 51:58.680]  The way they've set it up?
[51:58.680 --> 51:59.680]  Yes.
[51:59.680 --> 52:00.680]  Okay.
[52:00.680 --> 52:07.680]  I mean, anyone can complain on behalf of anybody if they have knowledge of a crime.
[52:07.680 --> 52:08.680]  Okay.
[52:08.680 --> 52:14.680]  The person that is harmed does not have to be the one that makes the criminal accusation.
[52:14.680 --> 52:15.680]  Okay.
[52:15.680 --> 52:17.680]  Anyone with knowledge of a crime can do it.
[52:17.680 --> 52:18.680]  All right.
[52:18.680 --> 52:22.680]  But there would still have to be evidence of the complaining party, would there not?
[52:22.680 --> 52:32.680]  There should have to be in order to convict evidence of an actual harm under the way it's set up to originally work.
[52:32.680 --> 52:34.680]  No harm, no foul.
[52:34.680 --> 52:35.680]  Right.
[52:35.680 --> 52:38.680]  Like the right to face your accuser in a criminal proceeding.
[52:38.680 --> 52:40.680]  Say, well, I would like to face my accuser.
[52:40.680 --> 52:50.680]  The state of Kansas, Mr. or Mrs., has anyone from the state of Kansas built out a sworn complaint and signed to it under penalty of perjury other than the prosecutor attempting to act?
[52:50.680 --> 52:52.680]  Well, the prosecutor is never the accuser.
[52:52.680 --> 52:54.680]  The state is not the accuser.
[52:54.680 --> 52:55.680]  Okay.
[52:55.680 --> 52:56.680]  Who's the accuser?
[52:56.680 --> 52:57.680]  The cop, right?
[52:57.680 --> 52:58.680]  That was you mean?
[52:58.680 --> 52:59.680]  Correct.
[52:59.680 --> 53:00.680]  That is normally the case.
[53:00.680 --> 53:01.680]  Who ever signs the complaint?
[53:01.680 --> 53:02.680]  Okay.
[53:02.680 --> 53:07.680]  So he does not have to prove that he was personally injured himself or suffered some form of damage or loss.
[53:07.680 --> 53:09.680]  No, the state is injured when it's a crime.
[53:09.680 --> 53:10.680]  Okay.
[53:10.680 --> 53:12.680]  Well, the state we know is imaginary.
[53:12.680 --> 53:13.680]  So...
[53:13.680 --> 53:18.680]  Well, that's why the state must represent itself as the people.
[53:18.680 --> 53:20.680]  It's just the words they use.
[53:20.680 --> 53:23.680]  The state in Texas is the people of Texas.
[53:23.680 --> 53:24.680]  Right.
[53:24.680 --> 53:25.680]  So...
[53:25.680 --> 53:28.680]  In Pennsylvania, the people still is the people of Pennsylvania.
[53:28.680 --> 53:33.680]  Well, can the prosecutor produce any tangible evidence that any of those people have come forth and complained?
[53:33.680 --> 53:35.680]  That's the question, isn't it?
[53:35.680 --> 53:36.680]  That's the problem.
[53:36.680 --> 53:40.680]  That's the problem with a malaprohibitum statute.
[53:40.680 --> 53:47.680]  It's only illegal because we declared it to be illegal, not because there's anyone that got hurt.
[53:47.680 --> 53:48.680]  Okay.
[53:48.680 --> 53:52.680]  It's exactly the same thing they use in the drug laws.
[53:52.680 --> 53:53.680]  Yeah, malaprohibitum.
[53:53.680 --> 53:57.680]  Nobody gets hurt, but we're going to make you do it because we don't like it.
[53:57.680 --> 54:02.680]  It interferes with our ability to generate a profit if you can sell it too.
[54:02.680 --> 54:04.680]  Right, right.
[54:04.680 --> 54:09.680]  So, I would think that there would be some teeth to that question, though, as far as discovery under rules of evidence,
[54:09.680 --> 54:13.680]  that there has to be evidence of valid cause of action,
[54:13.680 --> 54:17.680]  signed by someone other than a prosecutor because he has no...
[54:17.680 --> 54:19.680]  Well, someone does sign it other than the prosecutor.
[54:19.680 --> 54:21.680]  The police officer signs it.
[54:21.680 --> 54:22.680]  The last officer.
[54:22.680 --> 54:26.680]  Did he witness me personally cause anyone any injury, loss, or harm?
[54:26.680 --> 54:31.680]  But, see, those kind of arguments are going to fly in a criminal court.
[54:31.680 --> 54:33.680]  The problem here is this.
[54:33.680 --> 54:34.680]  Okay.
[54:34.680 --> 54:38.680]  The malaprohibitum statutes are strict liability statutes.
[54:38.680 --> 54:41.680]  They don't have to prove criminal intent.
[54:41.680 --> 54:43.680]  They don't have to prove an injured party.
[54:43.680 --> 54:51.680]  Both of those are wrong, but that's what happens when the court sell out to government instead of protect the people.
[54:51.680 --> 54:56.680]  I mean, Jim, you're making some very good libertarian ideological points here,
[54:56.680 --> 54:59.680]  but that's not going to work for your defense at all.
[54:59.680 --> 55:00.680]  Okay.
[55:00.680 --> 55:05.680]  We have to learn what the statute says and things like, say, for example,
[55:05.680 --> 55:08.680]  right to travel is not going to fly.
[55:08.680 --> 55:11.680]  What we argue is that we're not in transportation.
[55:11.680 --> 55:13.680]  That's the defense.
[55:13.680 --> 55:18.680]  All you have to do basically is show that you're not engaged in commerce on the roadways.
[55:18.680 --> 55:19.680]  Nothing else matters.
[55:19.680 --> 55:20.680]  Right.
[55:20.680 --> 55:28.680]  Upon appeal, when you appeal it to a higher court, do they operate under a common law jurisdiction?
[55:28.680 --> 55:30.680]  Don't they normally?
[55:30.680 --> 55:31.680]  Okay.
[55:31.680 --> 55:32.680]  In Kansas...
[55:32.680 --> 55:38.680]  Common law just means that they're paying attention to prior court rulings.
[55:38.680 --> 55:40.680]  That's what common law is.
[55:40.680 --> 55:43.680]  If you want to look at it that way, yes.
[55:43.680 --> 55:47.680]  All courts are common law courts because they all look at prior case law.
[55:47.680 --> 55:56.680]  Well, the controlling case law in Kansas is Copped versus Kansas that states that an alleged injury has to be distinct,
[55:56.680 --> 56:00.680]  palpable, and fairly traceable to the challenge conduct of the defendant.
[56:00.680 --> 56:08.680]  That he or she, it states he or she, meaning a human being obviously, has to file a sworn complaint.
[56:08.680 --> 56:10.680]  So that sounds like that.
[56:10.680 --> 56:12.680]  Might have some teeth.
[56:12.680 --> 56:16.680]  Are we talking about a civil case or a criminal case?
[56:16.680 --> 56:20.680]  Well, it's a criminal case under Corpus Delicti, civil case understanding.
[56:20.680 --> 56:21.680]  They're basically the same thing.
[56:21.680 --> 56:22.680]  There has to be...
[56:22.680 --> 56:23.680]  Wait, wait, wait, wait.
[56:23.680 --> 56:24.680]  No, that's not true.
[56:24.680 --> 56:26.680]  Corpus Delicti versus Kansas is civil.
[56:26.680 --> 56:27.680]  It's not criminal.
[56:27.680 --> 56:28.680]  That's right.
[56:28.680 --> 56:31.680]  Okay, that's not necessarily going to transfer.
[56:31.680 --> 56:36.680]  The decision of the court was based on civil liability of a harm, not criminal.
[56:36.680 --> 56:40.680]  Like two private parties against each other to have standing to sue the Corpus Delicti.
[56:40.680 --> 56:41.680]  Correct.
[56:41.680 --> 56:45.680]  The state versus the citizen still requires the same elements.
[56:45.680 --> 56:46.680]  There has to be...
[56:46.680 --> 56:50.680]  It's good, but they rigged the system so it doesn't.
[56:50.680 --> 56:53.680]  But then again, we let them get away with that.
[56:53.680 --> 56:56.680]  Thus making this entirely our fault.
[56:56.680 --> 57:00.680]  Really, those kind of arguments are not going to fly in a criminal court, Jim.
[57:00.680 --> 57:04.680]  The best thing to do is to show that you're not in transportation.
[57:04.680 --> 57:07.680]  In other words, to show that you're not in commerce.
[57:07.680 --> 57:10.680]  Because what you're doing is you're going to the merits.
[57:10.680 --> 57:12.680]  You're going to the elements of the case.
[57:12.680 --> 57:18.680]  And rarely are you ever going to win when you go to the merits of the case.
[57:18.680 --> 57:19.680]  Alright, maybe I should say Deborah.
[57:19.680 --> 57:20.680]  Sorry, Deborah.
[57:20.680 --> 57:24.680]  I was in commerce, I was a commercial truck driver.
[57:24.680 --> 57:25.680]  Right.
[57:25.680 --> 57:29.680]  At the moment, you need to just, from what we dealt with in your specifics is I would
[57:29.680 --> 57:34.680]  do the motion to quash based upon the argument you're making about the secondary offense.
[57:34.680 --> 57:35.680]  Okay.
[57:35.680 --> 57:36.680]  Alright.
[57:36.680 --> 57:39.680]  Well, hey, I think you covered everything I can possibly think of.
[57:39.680 --> 57:44.680]  Thank you for the time to do this and I hope I brought up some valid things for your audience to listen to.
[57:44.680 --> 57:45.680]  Sure.
[57:45.680 --> 57:46.680]  No problem.
[57:46.680 --> 57:48.680]  Those are things we've talked about before.
[57:48.680 --> 57:53.680]  Though we agree with you in spirit, the problem is, is that the demons control.
[57:53.680 --> 57:58.680]  But until we exercise them all, this is what we're stuck with.
[57:58.680 --> 57:59.680]  Right.
[57:59.680 --> 58:00.680]  I understand.
[58:00.680 --> 58:04.680]  Yeah, and the way that the criminal court system works, as much as I don't agree with
[58:04.680 --> 58:11.680]  it because I'm a libertarian too, is that if a law, a criminal law has been broken,
[58:11.680 --> 58:15.680]  the way the courts see it is that the people have been injured.
[58:15.680 --> 58:18.680]  And so they don't have to necessarily come up with a specific victim.
[58:18.680 --> 58:24.680]  I know non, you know, victimless crimes and all of that, but they don't have to come up
[58:24.680 --> 58:29.680]  with a specific victim in order to show that quote unquote, the people have been harmed
[58:29.680 --> 58:32.680]  because that's the way the criminal justice system works.
[58:32.680 --> 58:37.680]  And until we get more judges and more Congress creators that are of the libertarian mindset,
[58:37.680 --> 58:39.680]  that's just the way it's going to be for now.
[58:39.680 --> 58:44.680]  I don't think that we're going to overthrow that ideology with a couple of traffic ticket cases.
[58:44.680 --> 58:46.680]  But I do agree with the philosophy.
[58:46.680 --> 58:48.680]  All right, we are going to break now.
[58:48.680 --> 58:53.680]  Top of the hour break, we've got Woody Esperanza and Steph on the line.
[58:53.680 --> 58:55.680]  Stay right there and we'll be right back on the other side.
[58:59.680 --> 59:03.680]  Would you like to make more definite progress in your walk with God?
[59:03.680 --> 59:10.680]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:10.680 --> 59:15.680]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:15.680 --> 59:22.680]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:22.680 --> 59:27.680]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:27.680 --> 59:33.680]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:33.680 --> 59:37.680]  growing in Christ and how to build up the church.
[59:37.680 --> 59:43.680]  To order your free New Testament recovery version and Basic Elements of the Christian Life,
[59:43.680 --> 59:50.680]  call Bibles for America toll free at 888-551-0102.
[59:50.680 --> 59:54.680]  That's 888-551-0102.
[59:54.680 --> 59:59.680]  Or visit us online at bfa.org.
[59:59.680 --> 01:00:04.680]  This news brief brought to you by the International News Network.
[01:00:04.680 --> 01:00:08.680]  All eyes were focused on the impending European financial collapse.
[01:00:08.680 --> 01:00:15.680]  The Bank of International Settlements reported outstanding derivatives hit a record $707 trillion.
[01:00:15.680 --> 01:00:24.680]  In the first six months of 2011, the total outstanding unregulated derivatives reported by the world's financial institutions
[01:00:24.680 --> 01:00:34.680]  to the BIS rose from $601 trillion at December 31, 2010 to $708 trillion at June 30, 2011,
[01:00:34.680 --> 01:00:38.680]  a $107 trillion increase in six months.
[01:00:38.680 --> 01:00:48.680]  Students at the University of California Davis and other UC campuses held a general strike Monday against tuition hikes.
[01:00:48.680 --> 01:00:54.680]  UC Davis was where peaceful protesters were doused with pepper spray earlier this month.
[01:00:54.680 --> 01:01:01.680]  The strike coincided with a statewide regents meeting where the board is proposing drastic budget cuts
[01:01:01.680 --> 01:01:05.680]  and an 81% tuition hike over the next 10 years.
[01:01:05.680 --> 01:01:13.680]  Police in riot gear closed in before dawn Monday on some 2,000 anti-Wall Street activists
[01:01:13.680 --> 01:01:23.680]  who defied a midnight deadline to vacate an eight-week-old camp outside Los Angeles City Hall.
[01:01:23.680 --> 01:01:30.680]  But as people rallied to defend the encampment, police backed off, granting occupiers a temporary reprieve.
[01:01:30.680 --> 01:01:37.680]  At UN Climate Talks in Durban, South Africa, the U.S. is refusing to sign off on a global fund
[01:01:37.680 --> 01:01:41.680]  that would help poor nations mitigate the effects of global warming.
[01:01:41.680 --> 01:01:47.680]  The U.S. backed by Saudi Arabia has failed to adopt a blueprint for the Green Climate Fund.
[01:01:47.680 --> 01:01:52.680]  The fund is one of the few measures to emerge from seven years of talks
[01:01:52.680 --> 01:01:56.680]  on how countries should share the burden of cutting greenhouse gases,
[01:01:56.680 --> 01:02:00.680]  forecast to raise global temperatures to dangerous levels.
[01:02:00.680 --> 01:02:04.680]  First mooted at the 2009 Copenhagen Climate Summit,
[01:02:04.680 --> 01:02:09.680]  the fund would channel, quote, a significant portion of the $100 billion a year
[01:02:09.680 --> 01:02:16.680]  developed countries have promised to contribute by 2020 to help developing countries fight climate change.
[01:02:16.680 --> 01:02:20.680]  The Financial Times said the U.S. wants more private sector involvement in the fund,
[01:02:20.680 --> 01:02:26.680]  while the Saudis want to be compensated for the expected loss of oil revenue.
[01:02:26.680 --> 01:02:31.680]  Egyptians started casting ballots Monday in the first parliamentary elections
[01:02:31.680 --> 01:02:34.680]  since Hosni Mubarak was ousted in February.
[01:02:34.680 --> 01:02:39.680]  Egypt has been rocked by mass protests, demanding the Supreme Council of the Armed Forces
[01:02:39.680 --> 01:02:41.680]  hand over power to a civilian government.
[01:02:41.680 --> 01:02:45.680]  Field Marshal Hussain Tantawi, who heads the Supreme Council,
[01:02:45.680 --> 01:02:48.680]  claimed Sunday foreign hands were behind the current turmoil,
[01:02:48.680 --> 01:02:52.680]  echoing a similar claim by Mubarak shortly before his downfall.
[01:02:52.680 --> 01:03:09.680]  Voters are choosing 168 of the 498 deputies, which will form the new Lower House of Parliament.
[01:03:09.680 --> 01:03:28.680]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com. Live free speech talk radio at its best.
[01:03:28.680 --> 01:03:42.680]  It's all according to the will of the Almighty. I read his book and it says he cares for the unsightly.
[01:03:42.680 --> 01:03:45.680]  These warmongers come by that time Friday.
[01:03:45.680 --> 01:03:52.680]  Hi folks, we are back at the Rule of Law Radio. All in number is 512-646-1984.
[01:03:52.680 --> 01:03:56.680]  We've got about an hour left in the show. We do have several callers on the board.
[01:03:56.680 --> 01:04:00.680]  We're going to go to Woody in Texas. Woody, what can we do for you?
[01:04:00.680 --> 01:04:02.680]  Well, good evening, Eddie.
[01:04:02.680 --> 01:04:03.680]  Good evening.
[01:04:03.680 --> 01:04:09.680]  You know that list in your previous podcast and you sure can get a lot of information from those.
[01:04:09.680 --> 01:04:11.680]  I'd like your listeners to know that.
[01:04:11.680 --> 01:04:13.680]  I appreciate that.
[01:04:13.680 --> 01:04:15.680]  I have a couple of general questions.
[01:04:15.680 --> 01:04:20.680]  When you're referencing when the police officer is stopping you and you have a recording device,
[01:04:20.680 --> 01:04:26.680]  something pops into my head. What's keeping the policeman from discovering the recording device
[01:04:26.680 --> 01:04:29.680]  and possibly destroying it or losing it?
[01:04:29.680 --> 01:04:33.680]  The fact that hopefully you're smart enough to have more than one.
[01:04:33.680 --> 01:04:36.680]  Got you. Because that could occur, I think, correct?
[01:04:36.680 --> 01:04:43.680]  Yes, it could. But my policy is that I have my phone on and recording preferably in a shirt pocket.
[01:04:43.680 --> 01:04:50.680]  I have one recorder going in my hand. There are at least one in my car and one in my pants pocket
[01:04:50.680 --> 01:04:52.680]  picking up everything else.
[01:04:52.680 --> 01:04:59.680]  Wow. If he does find those, have you ever had the officer try to do anything?
[01:04:59.680 --> 01:05:03.680]  If he actually tried to destroy it, he's got a whole other problem.
[01:05:03.680 --> 01:05:07.680]  That is destruction of private property and he has no authority to do that.
[01:05:07.680 --> 01:05:12.680]  Have you ever noticed in states like Virginia when they catch you and you have a radar detector
[01:05:12.680 --> 01:05:19.680]  and radar detectors are illegal in Virginia, the officer does not destroy the radar detector.
[01:05:19.680 --> 01:05:28.680]  He says, you do it. You take it out of the car and destroy it. Then I won't write you a ticket.
[01:05:28.680 --> 01:05:30.680]  Oh my God.
[01:05:30.680 --> 01:05:35.680]  But he won't destroy it because he would go to jail for that.
[01:05:35.680 --> 01:05:41.680]  But then again, just being a good citizen, you destroy yourself to take the legal responsibility off the officer.
[01:05:41.680 --> 01:05:43.680]  Correct.
[01:05:43.680 --> 01:05:47.680]  Wow. Finally, I have just two other additional questions.
[01:05:47.680 --> 01:05:53.680]  I got a red light ticket. Actually, my car got a red light ticket about 12 months ago.
[01:05:53.680 --> 01:05:55.680]  I went down to the local place to register it.
[01:05:55.680 --> 01:06:04.680]  Of course, they put some kind of code on there that said I had to go to the courthouse pay the fee before I could actually register it for the ticket
[01:06:04.680 --> 01:06:06.680]  in addition to the registration fee itself.
[01:06:06.680 --> 01:06:09.680]  Is there any way to possibly fight this?
[01:06:09.680 --> 01:06:15.680]  Absolutely. Tell the court you're not going to pay the fee and you want to challenge the ticket in court.
[01:06:15.680 --> 01:06:19.680]  The ticket is a bill of pains and penalties. It's illegal.
[01:06:19.680 --> 01:06:29.680]  Yes, sir. That's where the company is. There ain't nobody there for you to draw into the state to testify one way or the other, either is there?
[01:06:29.680 --> 01:06:31.680]  No, sir.
[01:06:31.680 --> 01:06:38.680]  There is absolutely nothing legal or constitutional about a red light camera ticket.
[01:06:38.680 --> 01:06:46.680]  It is one of those things absolutely prohibited and forbidden by the Constitution in every state.
[01:06:46.680 --> 01:06:54.680]  It speaks directly to what they call a bill of attainder.
[01:06:54.680 --> 01:06:55.680]  Okay.
[01:06:55.680 --> 01:06:57.680]  Bill of attainders are outlawed.
[01:06:57.680 --> 01:07:03.680]  Well, a bill of pains and penalties is a smaller version of a bill of attainder.
[01:07:03.680 --> 01:07:13.680]  And the Supreme Court has ruled that a bill of attainder exclusion also includes a bill of pains and penalties exclusion.
[01:07:13.680 --> 01:07:21.680]  So for a layman like me, how do I submit any paperwork to the court?
[01:07:21.680 --> 01:07:27.680]  I'd file suit against the court that put the hold on my registration.
[01:07:27.680 --> 01:07:28.680]  Okay.
[01:07:28.680 --> 01:07:41.680]  Some court in the state had to do it. Find out who did it. If they're directing you to a particular court, file a civil suit against that judge, the court, and the city it's located in.
[01:07:41.680 --> 01:07:47.680]  Okay. It hasn't quite gotten that far. In other words, it's the city of Fort Worth, you know, that collects the fee.
[01:07:47.680 --> 01:07:54.680]  And I have to just go there directly and pay the fee, I guess, to a clerk. There's been no court date or anything like that.
[01:07:54.680 --> 01:07:56.680]  I listen to what I'm saying.
[01:07:56.680 --> 01:07:57.680]  Yes, sir.
[01:07:57.680 --> 01:08:06.680]  Sue them. Don't go pay this fee. Sue the living crap out of them for preventing you from registering your car over this ticket.
[01:08:06.680 --> 01:08:13.680]  Okay. So I just need to do some research on the hold, I guess.
[01:08:13.680 --> 01:08:16.680]  Okay. What do you want to research?
[01:08:16.680 --> 01:08:20.680]  Well, how do I sue them?
[01:08:20.680 --> 01:08:23.680]  Get Jurisdictionary. That'll tell you.
[01:08:23.680 --> 01:08:26.680]  All right.
[01:08:26.680 --> 01:08:27.680]  Anything else?
[01:08:27.680 --> 01:08:40.680]  Oh, yeah, it might not be in your legalese or anything, but I had an incident where I got taken away by an ambulance about eight months ago and I've been paying the bill just small amounts of such a huge amount and some other things.
[01:08:40.680 --> 01:08:46.680]  Now they're threatening to send it to collection. I thought that's against the law. Actually, they can pay this on the bill.
[01:08:46.680 --> 01:08:47.680]  It is.
[01:08:47.680 --> 01:08:55.680]  Okay. Again, I keep getting notices saying that we're going to send it to collection. That'd probably be my lucky day if they do do that, isn't it?
[01:08:55.680 --> 01:09:04.680]  Yeah, because then if a collection agency comes after you, now they're stuck with the FDCPRA or Faraday collection practices of that.
[01:09:04.680 --> 01:09:10.680]  Okay. Okay. Well, again, I appreciate this. I'll try to find out how to get this Jurisdictionary.
[01:09:10.680 --> 01:09:15.680]  You can get it off of our website. There's a link on our website for ordering it.
[01:09:15.680 --> 01:09:24.680]  Okay. And I only got like a week or two to get this done. I guess I can do that. I sure don't want to pay the damn fine, though.
[01:09:24.680 --> 01:09:32.680]  Well, whether or not you pay the fine to register the car is up to you. But once you pay the fine, your cause of action cease to exist. Remember that.
[01:09:32.680 --> 01:09:39.680]  Exactly. Exactly. Well, I sure appreciate everything that Rule of Law Radio represents and all your other co-workers.
[01:09:39.680 --> 01:09:42.680]  Thank you, Jim, and you guys have a great evening.
[01:09:42.680 --> 01:09:53.680]  Yeah, and Woody, if you want to order the Jurisdictionary course, if you scroll down on my website, on our website, ruleoflawradio.com, scroll down underneath where my CDs are.
[01:09:53.680 --> 01:10:03.680]  The Route 1 CD and 3 Shoes Posse CD, the music, our bumper music, and you'll see on the left, there's the different banners for the sponsors.
[01:10:03.680 --> 01:10:11.680]  Jurisdictionary? No, it's the one. No, no, my website. Our website, ruleoflawradio.com.
[01:10:11.680 --> 01:10:12.680]  I'm there.
[01:10:12.680 --> 01:10:22.680]  Okay. All right. You scroll down and the top banner underneath where the CDs are, it says, When Your Lawsuit Without a Lawyer, Jurisdictionary.
[01:10:22.680 --> 01:10:23.680]  Okay.
[01:10:23.680 --> 01:10:27.680]  You see where the banners are, where all the sponsors are?
[01:10:27.680 --> 01:10:28.680]  Uh-huh.
[01:10:28.680 --> 01:10:38.680]  Okay, it's the top banner, When Your Lawsuit Without a Lawyer. And if you're having trouble with creditors and debt collectors, it's the third banner, the Michael Maris Method.
[01:10:38.680 --> 01:10:45.680]  He's got a 100% batting average, 100% track record of court wins.
[01:10:45.680 --> 01:10:46.680]  Okay?
[01:10:46.680 --> 01:10:48.680]  All right. Thank you for your assistance. Have a great evening.
[01:10:48.680 --> 01:10:49.680]  Okay, thanks, Woody.
[01:10:49.680 --> 01:10:59.680]  Okay, next we have Esperanza. Thank you for calling in. What is your question or comment for us tonight?
[01:10:59.680 --> 01:11:10.680]  Um, I'm very new to the state of Texas. And I find myself in a situation that I really don't know what to do.
[01:11:10.680 --> 01:11:31.680]  Back in July, a person showed up to the door and gave my husband, because he was in the backyard, a ticket, saying that we needed a permit for having life stuck.
[01:11:31.680 --> 01:11:45.680]  I happened to have a goat as a pet. I took the goat when the goat was born and the mother couldn't see him.
[01:11:45.680 --> 01:11:53.680]  And I saw how they killed the goat. I didn't like it. And so I took the little goat and I started feeding it.
[01:11:53.680 --> 01:12:03.680]  It grew up and it acts like a dog. So it became my pet. They came, they gave the ticket to my husband.
[01:12:03.680 --> 01:12:13.680]  We went to court and I told my husband, well, we're going to say that we're not guilty because it's my pet.
[01:12:13.680 --> 01:12:26.680]  People have different kinds of pets. The first day, well, we went through the animal department and they wanted me to please guilty.
[01:12:26.680 --> 01:12:39.680]  And then they went through the other person there in the court, the accuser, and I said, okay, I'm not, I don't consider myself guilty for having a pet.
[01:12:39.680 --> 01:12:50.680]  Then they said, okay, you have to come back and you have to go through a, you're going to be judged either by the judge or the jury.
[01:12:50.680 --> 01:13:01.680]  With the jury, we come to the appointment. There is no jury. There is nothing going on. They took us around the same circle.
[01:13:01.680 --> 01:13:06.680]  Okay, wait a minute. Esperanza, where was, what city was this?
[01:13:06.680 --> 01:13:07.680]  San Antonio.
[01:13:07.680 --> 01:13:13.680]  San Antonio. Okay. So was this a city ordinance they were charging you with violating?
[01:13:13.680 --> 01:13:18.680]  Yes. City ordinance 5114.
[01:13:18.680 --> 01:13:21.680]  5114. Okay.
[01:13:21.680 --> 01:13:22.680]  Have you read it?
[01:13:22.680 --> 01:13:26.680]  That is not a dog. It's a goat.
[01:13:26.680 --> 01:13:27.680]  Go ahead Ed.
[01:13:27.680 --> 01:13:30.680]  Yeah, have you read it?
[01:13:30.680 --> 01:13:44.680]  I actually was able to, the person that handles the, from the animal department that was sitting there, I says, tell me the statute of the law.
[01:13:44.680 --> 01:13:51.680]  And she looked and she said, no, it's not a law, it's an ordinance. And I saw 5114.
[01:13:51.680 --> 01:13:54.680]  Have you read the ordinance?
[01:13:54.680 --> 01:13:57.680]  No, no, I didn't have to.
[01:13:57.680 --> 01:14:01.680]  Okay. The first thing you need to do is read the ordinance. Okay?
[01:14:01.680 --> 01:14:02.680]  Okay.
[01:14:02.680 --> 01:14:14.680]  There's two things you need to remember. Most cities do not define the terms and phrases used in their ordinances, which means they can use them to encompass anything they want, anytime they want.
[01:14:14.680 --> 01:14:17.680]  It's how they use the ordinance to steal money.
[01:14:17.680 --> 01:14:28.680]  The second thing is, is an ordinance is not a law. In the state of Texas, only the legislature has the authority to make law.
[01:14:28.680 --> 01:14:39.680]  If they try to tell you that this ordinance is a law, they're lying through their teeth, and I would sue somebody for misrepresenting what the law actually is.
[01:14:39.680 --> 01:14:47.680]  Well, I'm hoping this is getting to so ridiculous because the last time we went, they would not let me speak.
[01:14:47.680 --> 01:14:52.680]  They only want to speak to my husband, and my husband is a very quiet person.
[01:14:52.680 --> 01:15:02.680]  And I told him, go tell the judge to remove you from the case because that is not your pet. It's my pet. It's my problem.
[01:15:02.680 --> 01:15:03.680]  Okay.
[01:15:03.680 --> 01:15:10.680]  Then what you need to do is challenge the court's jurisdiction for impersonal jurisdiction.
[01:15:10.680 --> 01:15:18.680]  The court does not have jurisdiction over your husband because the animal does not belong to him.
[01:15:18.680 --> 01:15:24.680]  So file a motion to dismiss for lack of impersonal jurisdiction.
[01:15:24.680 --> 01:15:32.680]  Well, I'm looking to see if anybody is listening and anybody, I'm ready to hire an attorney.
[01:15:32.680 --> 01:15:36.680]  But don't waste your money on an attorney. You can do this yourself.
[01:15:36.680 --> 01:15:43.680]  The attorney is not going to do anything but steal more of your money, and you're still going to pay the fine.
[01:15:43.680 --> 01:15:48.680]  You're much better off just doing this yourself.
[01:15:48.680 --> 01:15:52.680]  So what do I do?
[01:15:52.680 --> 01:16:05.680]  Get me offline. Send me an email at eddydieatruleoflawradio.com.
[01:16:05.680 --> 01:16:10.680]  Make sure that you have all of your contact information, including a phone number I can reach you on, please.
[01:16:10.680 --> 01:16:16.680]  Yeah, and see, Esperanza, this is like a criminal case, a violation of an ordinance.
[01:16:16.680 --> 01:16:20.680]  They can't just remove your husband and put you on it.
[01:16:20.680 --> 01:16:25.680]  It's not like a civil case where they can add and remove defendants.
[01:16:25.680 --> 01:16:33.680]  In a criminal case, they have to totally dismiss the case if they've got the wrong person that they're accusing,
[01:16:33.680 --> 01:16:36.680]  and then they have to start all over again with you.
[01:16:36.680 --> 01:16:40.680]  So they can't just switch people around on cases like that because it's criminal.
[01:16:40.680 --> 01:16:43.680]  Every time they make you go to court, they...
[01:16:43.680 --> 01:16:48.680]  Esperanza, just email Eddie off the air and he'll be able to walk you through some stuff off the air, okay?
[01:16:48.680 --> 01:16:50.680]  Eddie?
[01:16:50.680 --> 01:16:56.680]  eddyieatruleoflawradio.com, okay?
[01:16:56.680 --> 01:16:59.680]  We'll be right back.
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[01:18:00.680 --> 01:18:09.680]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[01:18:09.680 --> 01:18:12.680]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:18:12.680 --> 01:18:13.680]  Brave New Books?
[01:18:13.680 --> 01:18:20.680]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
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[01:18:59.680 --> 01:19:18.680]  Okay, folks, we are back. This is the Rule of Law, ruleoflawradio.com, and folks, please visit our sponsors.
[01:19:18.680 --> 01:19:21.680]  Go to ruleoflawradio.com, and you can check out our sponsors.
[01:19:21.680 --> 01:19:25.680]  For those of you who have not got jurisdictionary yet, it's a must.
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[01:20:26.680 --> 01:20:29.680]  Everything they do is illegal, what these debt collectors do.
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[01:21:04.680 --> 01:21:10.680]  Brave new books, of course, because you support this show when you support our sponsors.
[01:21:10.680 --> 01:21:13.680]  All right, we are going to go now to our callers.
[01:21:13.680 --> 01:21:15.680]  The rest of the callers on the board.
[01:21:15.680 --> 01:21:17.680]  We've got Steph from Texas.
[01:21:17.680 --> 01:21:19.680]  Steph, thank you for calling in.
[01:21:19.680 --> 01:21:21.680]  What is your question or comment tonight?
[01:21:21.680 --> 01:21:22.680]  Thanks, guys.
[01:21:22.680 --> 01:21:28.680]  I drive commercially for a personal carrier service,
[01:21:28.680 --> 01:21:35.680]  and get pulled over for speeding in the school zone.
[01:21:35.680 --> 01:21:40.680]  And I missed half of the conversation you had with, I believe, Jim, a couple of breaks back,
[01:21:40.680 --> 01:21:45.680]  and I addressed a lot of this already, so I'm sorry if it's redundant.
[01:21:45.680 --> 01:21:53.680]  But I'm supposed to appear by the second of this week,
[01:21:53.680 --> 01:21:56.680]  and I was going to file a motion for dismissal,
[01:21:56.680 --> 01:22:01.680]  but I'm just kind of curious as to how to approach this.
[01:22:01.680 --> 01:22:03.680]  Who issued the citation?
[01:22:03.680 --> 01:22:09.680]  It was in Austin, a motorcycle company.
[01:22:09.680 --> 01:22:12.680]  Is it a paper citation or an electronic citation?
[01:22:12.680 --> 01:22:17.680]  It's a paper, and it doesn't have.
[01:22:17.680 --> 01:22:18.680]  I was curious.
[01:22:18.680 --> 01:22:20.680]  It's not marked down here, though, as in a commercial vehicle.
[01:22:20.680 --> 01:22:22.680]  That was strange.
[01:22:22.680 --> 01:22:25.680]  I don't know if that makes any difference.
[01:22:25.680 --> 01:22:28.680]  Well, they think they can do whatever they want with them,
[01:22:28.680 --> 01:22:31.680]  and it doesn't make any difference, but it absolutely does.
[01:22:31.680 --> 01:22:38.680]  The citation cannot lawfully be issued to a non-commercial vehicle.
[01:22:38.680 --> 01:22:44.680]  But in any case, all right, if it's a paper citation,
[01:22:44.680 --> 01:22:49.680]  commonly in accordance with those issued by the Austin Police Department,
[01:22:49.680 --> 01:22:52.680]  the ticket's going to be invalid on its face.
[01:22:52.680 --> 01:23:00.680]  There's a particular provision under 708 under the Driver Responsibility Program,
[01:23:00.680 --> 01:23:11.680]  and it says that those must have a statement on them that,
[01:23:11.680 --> 01:23:15.680]  hang on a second, let me look up the exact statute here,
[01:23:15.680 --> 01:23:21.680]  but let's see, 708.105,
[01:23:21.680 --> 01:23:26.680]  and if you look on your ticket, you'll find that it's in a section that has a title
[01:23:26.680 --> 01:23:31.680]  that probably says Notice of Potential Surcharge.
[01:23:31.680 --> 01:23:32.680]  Okay.
[01:23:32.680 --> 01:23:35.680]  You find it?
[01:23:35.680 --> 01:23:37.680]  I'm driving right now.
[01:23:37.680 --> 01:23:38.680]  I can look at it.
[01:23:38.680 --> 01:23:39.680]  Okay.
[01:23:39.680 --> 01:23:47.680]  Well, when you do, go look up Transportation Code Section 708.105.
[01:23:47.680 --> 01:23:51.680]  Find the statement that's in that section on the citation.
[01:23:51.680 --> 01:23:56.680]  Look at everything that came in that citation to your hand.
[01:23:56.680 --> 01:23:59.680]  No matter how many pieces of paper are together,
[01:23:59.680 --> 01:24:04.680]  if they're attached together, that is the citation in its entirety.
[01:24:04.680 --> 01:24:05.680]  Okay?
[01:24:05.680 --> 01:24:06.680]  Yeah.
[01:24:06.680 --> 01:24:15.680]  If that statement is not the largest type on everything on that citation,
[01:24:15.680 --> 01:24:21.680]  then the ticket's invalid as a matter of law under Section 708.105.
[01:24:21.680 --> 01:24:25.680]  In which case, we file a motion to quash the citation,
[01:24:25.680 --> 01:24:28.680]  a motion to quash any complaint based upon the citation,
[01:24:28.680 --> 01:24:33.680]  and a motion for sanctions against a prosecuting attorney for falsely proceeding
[01:24:33.680 --> 01:24:38.680]  in a case where he knew the citation was illegally issued.
[01:24:38.680 --> 01:24:43.680]  Okay.
[01:24:43.680 --> 01:24:46.680]  And again, I haven't till Friday to do this.
[01:24:46.680 --> 01:24:50.680]  I listened to an old court hearing you doing that,
[01:24:50.680 --> 01:24:53.680]  but the clerk, something to that degree.
[01:24:53.680 --> 01:24:55.680]  Well, in this case, this is something different.
[01:24:55.680 --> 01:24:58.680]  This has nothing to do with the clerk.
[01:24:58.680 --> 01:25:04.680]  As soon as you are able, scan in every page front and back of that citation
[01:25:04.680 --> 01:25:05.680]  as it came to you.
[01:25:05.680 --> 01:25:09.680]  If it's in one piece, do not tear it apart, okay?
[01:25:09.680 --> 01:25:10.680]  Okay.
[01:25:10.680 --> 01:25:11.680]  Don't tear it apart.
[01:25:11.680 --> 01:25:13.680]  Leave it all attached together.
[01:25:13.680 --> 01:25:20.680]  That way, the claim can be made that this is the citation.
[01:25:20.680 --> 01:25:24.680]  Scan in front and back of every page and get that emailed to me.
[01:25:24.680 --> 01:25:28.680]  But I can almost guarantee you that it is incorrect as a matter of law
[01:25:28.680 --> 01:25:32.680]  according to Section 708.105.
[01:25:32.680 --> 01:25:38.680]  And we file those three documents immediately if that's the case.
[01:25:38.680 --> 01:25:39.680]  All right.
[01:25:39.680 --> 01:25:42.680]  And indeed, you'll need to go ahead and file a fourth motion challenging
[01:25:42.680 --> 01:25:46.680]  the jurisdiction of the court as there is no valid citation
[01:25:46.680 --> 01:25:50.680]  or complaint before the court.
[01:25:50.680 --> 01:25:53.680]  Because they can't say that a challenge to jurisdiction isn't filed
[01:25:53.680 --> 01:25:55.680]  within a certain amount of time.
[01:25:55.680 --> 01:25:59.680]  It can be filed anytime.
[01:25:59.680 --> 01:26:00.680]  Okay.
[01:26:00.680 --> 01:26:03.680]  Okay.
[01:26:03.680 --> 01:26:04.680]  All right.
[01:26:04.680 --> 01:26:05.680]  All right.
[01:26:05.680 --> 01:26:06.680]  That's what I recommend you do.
[01:26:06.680 --> 01:26:09.680]  Get that to me as quick as you can.
[01:26:09.680 --> 01:26:10.680]  All right.
[01:26:10.680 --> 01:26:11.680]  I'll do that tomorrow.
[01:26:11.680 --> 01:26:12.680]  All right, Steph.
[01:26:12.680 --> 01:26:14.680]  Anything else?
[01:26:14.680 --> 01:26:17.680]  There are a few other things, but I think it's talking to you in person
[01:26:17.680 --> 01:26:22.680]  that's going to settle that to best maybe in the next three weeks or so.
[01:26:22.680 --> 01:26:24.680]  I'll be able to make it to your Sunday class.
[01:26:24.680 --> 01:26:25.680]  Okay.
[01:26:25.680 --> 01:26:28.680]  Well, just give me, make sure you provide me with contact information
[01:26:28.680 --> 01:26:30.680]  when you email that to me, okay?
[01:26:30.680 --> 01:26:31.680]  Okay.
[01:26:31.680 --> 01:26:32.680]  Yeah.
[01:26:32.680 --> 01:26:34.680]  I have a couple of boys that are getting close to driving.
[01:26:34.680 --> 01:26:38.680]  I want to talk to you about that stuff that you department are doing.
[01:26:38.680 --> 01:26:39.680]  Thanks a lot.
[01:26:39.680 --> 01:26:40.680]  Okay.
[01:26:40.680 --> 01:26:41.680]  All right, Steph.
[01:26:41.680 --> 01:26:42.680]  Yeah.
[01:26:42.680 --> 01:26:45.680]  And you weren't redundant or repeating anything from the previous color, Jim,
[01:26:45.680 --> 01:26:46.680]  in Kansas.
[01:26:46.680 --> 01:26:49.680]  If you, if you didn't catch the end of that conversation,
[01:26:49.680 --> 01:26:55.680]  we were mostly discussing the fact that in most criminal cases,
[01:26:55.680 --> 01:26:58.680]  there's no specific victim and, you know,
[01:26:58.680 --> 01:27:01.680]  how most of these crimes on the books are victimless crimes
[01:27:01.680 --> 01:27:03.680]  and that sort of thing.
[01:27:03.680 --> 01:27:06.680]  I was just, we were discussing, I was telling him that, you know,
[01:27:06.680 --> 01:27:09.680]  we're not going to, you know, basically the way the criminal justice system
[01:27:09.680 --> 01:27:12.680]  works is that if a criminal law is broken,
[01:27:12.680 --> 01:27:15.680]  the way the court see it and the way the government sees it,
[01:27:15.680 --> 01:27:18.680]  is that the people, quote unquote, have been harmed,
[01:27:18.680 --> 01:27:21.680]  even if they can't come up with a specific victim.
[01:27:21.680 --> 01:27:26.680]  And yes, it's, it's really a bad situation, these victimless crimes,
[01:27:26.680 --> 01:27:30.680]  but we're not going to overthrow that collectivist ideology
[01:27:30.680 --> 01:27:33.680]  that is so prevailing in our system right now
[01:27:33.680 --> 01:27:35.680]  with just a couple of traffic tickets.
[01:27:35.680 --> 01:27:37.680]  It's going to take a lot of traffic ticket cases.
[01:27:37.680 --> 01:27:39.680]  It's going to take a lot more than that.
[01:27:39.680 --> 01:27:41.680]  So that's mainly where that discussion was headed.
[01:27:41.680 --> 01:27:43.680]  But thank you for calling in, Steph.
[01:27:43.680 --> 01:27:44.680]  Yes, thank you.
[01:27:44.680 --> 01:27:45.680]  Okay.
[01:27:45.680 --> 01:27:46.680]  All right.
[01:27:46.680 --> 01:27:47.680]  All right, we will be back.
[01:27:47.680 --> 01:27:48.680]  I'm sorry, not we'll be back.
[01:27:48.680 --> 01:27:51.680]  We are going to our next caller now, Keith in Texas.
[01:27:51.680 --> 01:27:53.680]  Keith, thank you for calling in.
[01:27:53.680 --> 01:27:55.680]  What is your question or comment for us tonight?
[01:27:55.680 --> 01:27:56.680]  Yes, ma'am.
[01:27:56.680 --> 01:28:05.680]  I had got into an accident when I fell to your left.
[01:28:05.680 --> 01:28:11.680]  And I went to court and I pleaded no contest.
[01:28:11.680 --> 01:28:14.680]  And I said, I wanted to talk to the judge.
[01:28:14.680 --> 01:28:19.680]  Maybe I could, you know, do community service to pay off my funds.
[01:28:19.680 --> 01:28:25.680]  And then they sent me a letter in the mail saying that judge couldn't discuss the case with me.
[01:28:25.680 --> 01:28:35.680]  And I had to bring it to the, before the attorney to discuss, you know, what am I going to do?
[01:28:35.680 --> 01:28:46.680]  And I kind of screwed myself and, you know, went and did, went with the plea and to pay $150.
[01:28:46.680 --> 01:28:50.680]  No, it's $120 and take defensive driving.
[01:28:50.680 --> 01:28:55.680]  And they gave me 30 days and then I told them that I couldn't pay it.
[01:28:55.680 --> 01:29:03.680]  Like on the day it was supposed to be paid, I said certain, you know, circumstances came up and family issues came up.
[01:29:03.680 --> 01:29:14.680]  And they told me, well, you're going to be, you're going to be, it's going to go, you know, on your record and it's going to go into collections if you don't pay it today.
[01:29:14.680 --> 01:29:17.680]  And I was like, well, I can't give them an extension to pay it.
[01:29:17.680 --> 01:29:21.680]  I said, I mean, this was the county clerk, too.
[01:29:21.680 --> 01:29:23.680]  This was Travis County.
[01:29:23.680 --> 01:29:27.680]  And they were telling me that, you know, we're going to have a collection.
[01:29:27.680 --> 01:29:32.680]  I said, well, can I just, you know, maybe just sit in jail, you know, issue the warrant and let me just sit in jail.
[01:29:32.680 --> 01:29:34.680]  Because I don't got no money to pay you.
[01:29:34.680 --> 01:29:38.680]  And they're like, no, no, no, it's going to collections.
[01:29:38.680 --> 01:29:40.680]  I said, Keith, hang on, we're going to break.
[01:29:40.680 --> 01:29:42.680]  We'll pick this up on the other side.
[01:29:42.680 --> 01:29:43.680]  Hi, folks.
[01:29:43.680 --> 01:29:45.680]  This is rule of law radio.
[01:29:45.680 --> 01:29:47.680]  This is Eddie Craig, Trevor Stevens, Randy Kelton.
[01:29:47.680 --> 01:29:49.680]  We've got about a half an hour left in the show.
[01:29:49.680 --> 01:29:51.680]  Grant, we see you there on the board as well.
[01:29:51.680 --> 01:29:53.680]  So hang on and we'll pick you up when we get back.
[01:29:53.680 --> 01:29:57.680]  So call in number 512-646-1984.
[01:29:57.680 --> 01:29:59.680]  We'll be right back.
[01:29:59.680 --> 01:30:02.680]  Top 10 reasons to question the official story of the Oklahoma City bombing.
[01:30:02.680 --> 01:30:03.680]  Reason number 10.
[01:30:03.680 --> 01:30:05.680]  What is on the surveillance tapes?
[01:30:05.680 --> 01:30:08.680]  There were many video surveillance cameras that recorded the morning of the bombing.
[01:30:08.680 --> 01:30:12.680]  Yet the few of these that have been released do not show what transpired with the Ryder truck at the Murrow Building.
[01:30:12.680 --> 01:30:16.680]  Most recently, the government has claimed that all of the cameras that were in different buildings
[01:30:16.680 --> 01:30:20.680]  and maintained by different businesses were all having their tapes changed at the exact same time.
[01:30:20.680 --> 01:30:21.680]  9.02 a.m.
[01:30:21.680 --> 01:30:24.680]  This is insulting to the memory of those who perished in the bombing.
[01:30:24.680 --> 01:30:26.680]  What is being hidden from us?
[01:30:26.680 --> 01:30:29.680]  For more information, please go to okcbombingtruth.com.
[01:30:29.680 --> 01:30:34.680]  The 10 commandments are a cornerstone of Judaism, Islam, and Christianity.
[01:30:34.680 --> 01:30:38.680]  If you're an educated person, you should probably know them regardless of your religion.
[01:30:38.680 --> 01:30:43.680]  I'm Dr. Catherine Albrecht, and I'll be right back with a tip to help you remember one of the 10 commandments.
[01:30:43.680 --> 01:30:51.680]  Your search engine is watching you, recording all your searches, and creating a massive database of your personal information.
[01:30:51.680 --> 01:30:52.680]  That's creepy.
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[01:30:54.680 --> 01:30:57.680]  Startpage.com is the world's most private search engine.
[01:30:57.680 --> 01:31:04.680]  Startpage doesn't store your IP address, make a record of your searches or use tracking cookies, and their third party certified.
[01:31:04.680 --> 01:31:08.680]  If you don't like Big Brother spying on you, start over with Startpage.
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[01:31:14.680 --> 01:31:19.680]  The fourth commandment is about a four-letter word, W-O-R-K, work.
[01:31:19.680 --> 01:31:23.680]  The Bible says, remember the Sabbath day by keeping it holy.
[01:31:23.680 --> 01:31:28.680]  Six days you shall labor and do all your work, but the seventh day is the Sabbath to the Lord your God.
[01:31:28.680 --> 01:31:37.680]  On it you shall not do any work, neither you, nor your son or daughter, nor your male or female servant, nor your animals, nor any foreigner residing in your towns.
[01:31:37.680 --> 01:31:43.680]  The 10 commandments have probably inspired more commitment and controversy than any other moral code.
[01:31:43.680 --> 01:31:51.680]  The next time they come up in conversation, you'll remember the fourth commandment is about that four-letter word, work, and when to take a break from it.
[01:31:51.680 --> 01:32:00.680]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:21.680 --> 01:32:30.680]  Alright Keith, I think I've got the point here, but let me ask you four or five questions and we'll figure out what you cannot do next, okay?
[01:32:30.680 --> 01:32:31.680]  Yes, sir.
[01:32:31.680 --> 01:32:35.680]  One, did you take a plea?
[01:32:35.680 --> 01:32:38.680]  Uh, yes, sir, that's what I messed up.
[01:32:38.680 --> 01:32:41.680]  Okay, oh wait, don't elaborate, just answer the questions.
[01:32:41.680 --> 01:32:44.680]  Two, did you sign an agreement?
[01:32:44.680 --> 01:32:46.680]  Yes, sir.
[01:32:46.680 --> 01:32:51.680]  Three, was the officer present at the time of the accident?
[01:32:51.680 --> 01:32:53.680]  Uh, no, sir.
[01:32:53.680 --> 01:33:02.680]  Four, the officer did not see or hear anything about the accident taking place, correct?
[01:33:02.680 --> 01:33:04.680]  Yes, sir.
[01:33:04.680 --> 01:33:11.680]  So last question, why in the Sam Hill would you take a plea on a citation that was issued illegally?
[01:33:11.680 --> 01:33:17.680]  Well, sir, I'm just kind of new to learning about this stuff, so I didn't really...
[01:33:17.680 --> 01:33:22.680]  I understand that, but that question was asked more for your benefit of learning than to actually get an answer out of you.
[01:33:22.680 --> 01:33:24.680]  It was rhetorical, alright?
[01:33:24.680 --> 01:33:26.680]  Here's the problem.
[01:33:26.680 --> 01:33:39.680]  The officer can only write the citation if he finds you committing the violation that is right in 543.001 transportation code.
[01:33:39.680 --> 01:33:50.680]  His authority to arrest without warrant for the purpose of issuing the citation is only where he finds a person committing a violation.
[01:33:50.680 --> 01:33:53.680]  It cannot be after the fact.
[01:33:53.680 --> 01:33:58.680]  I had told the attorney that...
[01:33:58.680 --> 01:34:00.680]  What attorney then?
[01:34:00.680 --> 01:34:02.680]  Your attorney or the prosecutor?
[01:34:02.680 --> 01:34:08.680]  I mean, I'm sorry, the prosecutor, sir, and he told me that they can do an investigation and...
[01:34:08.680 --> 01:34:11.680]  They still can't issue a ticket.
[01:34:11.680 --> 01:34:17.680]  Yes, they can investigate, but there's still no ticket the city of Austin can issue.
[01:34:17.680 --> 01:34:23.680]  That's only the city of Austin wanting you to come in and give them money for something they have no stake in.
[01:34:23.680 --> 01:34:27.680]  Yeah, but it was Travis County, it wasn't the city of Austin, it was Travis County.
[01:34:27.680 --> 01:34:28.680]  Makes no difference.
[01:34:28.680 --> 01:34:30.680]  Okay.
[01:34:30.680 --> 01:34:37.680]  The officer must have the act committed in his view or hearing.
[01:34:37.680 --> 01:34:42.680]  If that didn't happen, the ticket was issued illegally, period.
[01:34:42.680 --> 01:34:44.680]  Okay.
[01:34:44.680 --> 01:34:45.680]  Yeah.
[01:34:45.680 --> 01:34:53.680]  It was issued out that go read Texas Transportation Code 543.001 and I quote,
[01:34:53.680 --> 01:35:03.680]  Any peace officer may arrest without warrant any person found committing a violation of this subtitle.
[01:35:03.680 --> 01:35:07.680]  Found committing is very specific language.
[01:35:07.680 --> 01:35:09.680]  Yes, sir.
[01:35:09.680 --> 01:35:15.680]  And Keith, the reason for that is because as we were discussing earlier regarding criminal law,
[01:35:15.680 --> 01:35:24.680]  even if there's not a specific victim, even if it's a victimless crime, there still has to be evidence that that law has been broken.
[01:35:24.680 --> 01:35:34.680]  In other words, there has to be a competent fact witness that actually witnessed the law being broken.
[01:35:34.680 --> 01:35:35.680]  Or there has to be some...
[01:35:35.680 --> 01:35:37.680]  In this case, that would be irrelevant.
[01:35:37.680 --> 01:35:39.680]  In this case, it's irrelevant.
[01:35:39.680 --> 01:35:44.680]  The criminal charge results from the citation, not the action.
[01:35:44.680 --> 01:35:48.680]  The citation is what put him in this court, not the act itself.
[01:35:48.680 --> 01:35:49.680]  Right.
[01:35:49.680 --> 01:35:56.680]  In this case, the law limits the action on the citation to the officer witnessing said action.
[01:35:56.680 --> 01:35:57.680]  Right.
[01:35:57.680 --> 01:36:01.680]  But the point is that the reason is because there has to be a witness.
[01:36:01.680 --> 01:36:08.680]  And if the officer didn't witness it, then there's no witness.
[01:36:08.680 --> 01:36:10.680]  Well, wait a minute.
[01:36:10.680 --> 01:36:12.680]  But the argument you're making is of a witness.
[01:36:12.680 --> 01:36:15.680]  There is a witness, the person in the other car.
[01:36:15.680 --> 01:36:20.680]  But the officer can't use that person's testimony to issue the ticket is the point.
[01:36:20.680 --> 01:36:21.680]  Right, right.
[01:36:21.680 --> 01:36:25.680]  The officer did not personally witness the act.
[01:36:25.680 --> 01:36:35.680]  And his authority to arrest for the purpose of issuing the citation is specifically limited to instances when he did witness the act.
[01:36:35.680 --> 01:36:39.680]  That's the issue here.
[01:36:39.680 --> 01:36:46.680]  Otherwise, yes, he could issue the citation based upon the testimony of any witness to the accident.
[01:36:46.680 --> 01:36:48.680]  But that's not the way the law set it up.
[01:36:48.680 --> 01:36:53.680]  He must witness it himself to issue a citation.
[01:36:53.680 --> 01:37:05.680]  Otherwise, the only thing he can do is do the investigation and generate the police report, which means the only thing that happens then occurs between the insurance companies or in a civil tort.
[01:37:05.680 --> 01:37:13.680]  But the city or the county has no dog in this fight because they didn't witness the act.
[01:37:13.680 --> 01:37:15.680]  That's what's at issue here.
[01:37:15.680 --> 01:37:18.680]  That's why entering your plea was a bad idea.
[01:37:18.680 --> 01:37:21.680]  The ticket was illegally issued.
[01:37:21.680 --> 01:37:26.680]  At this point, though, the problem is your answer to the first three questions.
[01:37:26.680 --> 01:37:27.680]  Did you plea?
[01:37:27.680 --> 01:37:28.680]  Did you sign?
[01:37:28.680 --> 01:37:30.680]  Did you break the agreement?
[01:37:30.680 --> 01:37:33.680]  Yes, you did.
[01:37:33.680 --> 01:37:35.680]  Yes, sir.
[01:37:35.680 --> 01:37:37.680]  So if you're asking, what do I do now?
[01:37:37.680 --> 01:37:38.680]  Yes, sir.
[01:37:38.680 --> 01:37:46.680]  Well, now you wait for the collections agency to screw up and then charge them with a crime under the Fair Debt Collection Practices Act.
[01:37:46.680 --> 01:37:50.680]  The Fair Debt Collection Practices Act.
[01:37:50.680 --> 01:37:53.680]  The Federal Fair Debt Collection Practices Act.
[01:37:53.680 --> 01:37:58.680]  That's the Michael Mearest stuff that Deborah was talking about earlier.
[01:37:58.680 --> 01:37:59.680]  Yes, sir.
[01:37:59.680 --> 01:38:09.680]  Okay, if they send it to collections, then the collections agency has very specific laws they must follow in order to collect.
[01:38:09.680 --> 01:38:18.680]  Now, this is not going to do anything about the offense going on your record until you sue whoever issued the ticket for issuing it illegally.
[01:38:18.680 --> 01:38:19.680]  Yes.
[01:38:19.680 --> 01:38:26.680]  Then, part of your suit can be to have that expunge from your record, but you're going to have to sue somebody to make that happen.
[01:38:26.680 --> 01:38:30.680]  Oh, man, I ain't got that kind of money.
[01:38:30.680 --> 01:38:35.680]  I guess trying to come up with it.
[01:38:35.680 --> 01:38:37.680]  Well, Keith, it doesn't cost much to sue.
[01:38:37.680 --> 01:38:39.680]  Just a filing fee.
[01:38:39.680 --> 01:38:42.680]  It does if you have to go through a lawyer because you're not able to do it yourself.
[01:38:42.680 --> 01:38:44.680]  Well, if you have to hire a lawyer, yes.
[01:38:44.680 --> 01:38:47.680]  But if you learn how to do it yourself, it's not that expensive at all.
[01:38:47.680 --> 01:38:49.680]  How much would that be?
[01:38:49.680 --> 01:38:54.680]  Well, to sue in state court is a $250 filing fee.
[01:38:54.680 --> 01:38:57.680]  You can always plead inform a pauperist and get that waived.
[01:38:57.680 --> 01:38:59.680]  Right.
[01:38:59.680 --> 01:39:03.680]  And then other than that, just the cost of paper and ink and such.
[01:39:03.680 --> 01:39:05.680]  So that's all about it.
[01:39:05.680 --> 01:39:06.680]  I could do.
[01:39:06.680 --> 01:39:11.680]  I mean, isn't there like a, in traffic court, I can't get like a second...
[01:39:11.680 --> 01:39:12.680]  No, no.
[01:39:12.680 --> 01:39:14.680]  No, it's a done deal.
[01:39:14.680 --> 01:39:15.680]  The case is over.
[01:39:15.680 --> 01:39:19.680]  Oh, wow.
[01:39:19.680 --> 01:39:23.680]  Well, I appreciate all of the advice, sir.
[01:39:23.680 --> 01:39:24.680]  You're welcome.
[01:39:24.680 --> 01:39:25.680]  Thanks for calling in.
[01:39:25.680 --> 01:39:26.680]  Oh, wow.
[01:39:26.680 --> 01:39:28.680]  Okay.
[01:39:28.680 --> 01:39:29.680]  All right.
[01:39:29.680 --> 01:39:31.680]  Now we're going to go to Grant in Texas.
[01:39:31.680 --> 01:39:33.680]  I see Esperanza is back as well.
[01:39:33.680 --> 01:39:37.680]  Esperanza, if we get done with this, we'll get back to you.
[01:39:37.680 --> 01:39:39.680]  All right, Grant, what can we do for you?
[01:39:39.680 --> 01:39:40.680]  All right.
[01:39:40.680 --> 01:39:41.680]  If you have two questions.
[01:39:41.680 --> 01:39:46.680]  First is regarding alarm permit in the city of Austin.
[01:39:46.680 --> 01:39:48.680]  What permit?
[01:39:48.680 --> 01:39:52.680]  Alarm permit, like for security systems, home security systems.
[01:39:52.680 --> 01:39:53.680]  Oh, an alarm permit.
[01:39:53.680 --> 01:39:54.680]  Okay.
[01:39:54.680 --> 01:39:55.680]  Go ahead.
[01:39:55.680 --> 01:39:56.680]  Correct.
[01:39:56.680 --> 01:39:59.680]  A couple of years back, this was before it kind of got into law and started understanding
[01:39:59.680 --> 01:40:00.680]  what was going on.
[01:40:00.680 --> 01:40:03.680]  I had paid for an alarm permit with the city of Austin.
[01:40:03.680 --> 01:40:09.680]  And then I think the subsequent year, they sent it for me for renewal and I just didn't
[01:40:09.680 --> 01:40:10.680]  pay it.
[01:40:10.680 --> 01:40:13.680]  And ever since then, I've never paid it and they eventually stopped sending it to me.
[01:40:13.680 --> 01:40:19.680]  But I remember looking on the website that shows the ordinances and the last time I looked,
[01:40:19.680 --> 01:40:23.680]  it shows it was a misdemeanor to not have an alarm permit.
[01:40:23.680 --> 01:40:27.680]  It's an officer responds and they find that you aren't registered.
[01:40:27.680 --> 01:40:33.680]  So my first question is, are you familiar with that and what are the issues?
[01:40:33.680 --> 01:40:38.680]  I'm not, but let me ask a question that'll put you on a little research, John, I hope.
[01:40:38.680 --> 01:40:39.680]  Okay.
[01:40:39.680 --> 01:40:45.680]  First off, are the policemen of this city paid for by the tax dollars of the people that
[01:40:45.680 --> 01:40:46.680]  live in it?
[01:40:46.680 --> 01:40:47.680]  Yes, that is correct.
[01:40:47.680 --> 01:40:51.680]  If they are, then their services are already paid for.
[01:40:51.680 --> 01:40:52.680]  Right.
[01:40:52.680 --> 01:40:55.680]  Responding to an alarm is already their dad-blame job.
[01:40:55.680 --> 01:40:56.680]  Right.
[01:40:56.680 --> 01:40:57.680]  Okay.
[01:40:57.680 --> 01:40:58.680]  Great.
[01:40:58.680 --> 01:40:59.680]  That's why I didn't pay it.
[01:40:59.680 --> 01:41:00.680]  I thought it was outrageous.
[01:41:00.680 --> 01:41:01.680]  Okay.
[01:41:01.680 --> 01:41:07.680]  The next thing is if they are not going to respond to anybody except for those with alarms,
[01:41:07.680 --> 01:41:09.680]  then everybody would need to have them anyway.
[01:41:09.680 --> 01:41:14.680]  And the city would set it up where they could rake in gobs of money by charging a permit
[01:41:14.680 --> 01:41:15.680]  fee to everybody.
[01:41:15.680 --> 01:41:20.680]  Well, my question on that would be, since when do I have to have the city permission to
[01:41:20.680 --> 01:41:23.680]  have anything in my house to protect it?
[01:41:23.680 --> 01:41:24.680]  Right.
[01:41:24.680 --> 01:41:26.680]  And that's why I'm interested.
[01:41:26.680 --> 01:41:31.680]  And since when, if I can protect it, do I need to pay the cop for showing up?
[01:41:31.680 --> 01:41:32.680]  Right.
[01:41:32.680 --> 01:41:38.680]  If he can show up to a phone call, he can dang well show up to an alarm.
[01:41:38.680 --> 01:41:39.680]  Right.
[01:41:39.680 --> 01:41:40.680]  I agree.
[01:41:40.680 --> 01:41:44.680]  I didn't know if it was something you all were familiar with, but my understanding is
[01:41:44.680 --> 01:41:49.680]  there is an ordinance where if that happens and you're not registered, they can issue
[01:41:49.680 --> 01:41:50.680]  a misdemeanor.
[01:41:50.680 --> 01:41:51.680]  Okay.
[01:41:51.680 --> 01:41:55.680]  I know, of course, I would, you know, you'd cross that bridge then and there, but I was
[01:41:55.680 --> 01:41:58.680]  just wanting to see if y'all came across that issue yet.
[01:41:58.680 --> 01:42:02.680]  I haven't yet, but here's the way I would argue it.
[01:42:02.680 --> 01:42:05.680]  First and foremost, an ordinance is not law.
[01:42:05.680 --> 01:42:06.680]  Don't believe me?
[01:42:06.680 --> 01:42:11.680]  Check Article 3, Section 29 through 35 of the Texas Constitution.
[01:42:11.680 --> 01:42:17.680]  Because you very clearly who has, who has the power to make law and it sure as heck is
[01:42:17.680 --> 01:42:20.680]  not a municipality or a city council.
[01:42:20.680 --> 01:42:23.680]  For slowing the citation.
[01:42:23.680 --> 01:42:28.680]  Article 3, sections 29 through 35, Texas Constitution.
[01:42:28.680 --> 01:42:29.680]  Okay.
[01:42:29.680 --> 01:42:34.680]  Only the legislature can make law.
[01:42:34.680 --> 01:42:38.680]  Only law is binding upon the people.
[01:42:38.680 --> 01:42:43.680]  Only law can be mandatory on the people.
[01:42:43.680 --> 01:42:52.680]  Anything else is a rule and a rule can only be directory, which means we recommend you
[01:42:52.680 --> 01:42:57.680]  do it this way, but we can't force you to do it this way.
[01:42:57.680 --> 01:42:58.680]  Okay.
[01:42:58.680 --> 01:42:59.680]  See the difference?
[01:42:59.680 --> 01:43:00.680]  Yes.
[01:43:00.680 --> 01:43:02.680]  It's a recommendation.
[01:43:02.680 --> 01:43:03.680]  Exactly.
[01:43:03.680 --> 01:43:10.680]  This is how we would prefer you do it, but they cannot force you to do it that way because
[01:43:10.680 --> 01:43:14.680]  it does not have the force and effect of law.
[01:43:14.680 --> 01:43:20.680]  And any city councilman that wants to take me to court over an ordinance issue, buddy,
[01:43:20.680 --> 01:43:24.680]  I'll make that argument with you any day of the week.
[01:43:24.680 --> 01:43:25.680]  Okay.
[01:43:25.680 --> 01:43:26.680]  All right.
[01:43:26.680 --> 01:43:27.680]  That's good.
[01:43:27.680 --> 01:43:28.680]  I'm going to do some more research on that.
[01:43:28.680 --> 01:43:33.680]  The question relates to, recently I've lost a forceable detainer.
[01:43:33.680 --> 01:43:34.680]  Okay, Grant.
[01:43:34.680 --> 01:43:35.680]  Hang on.
[01:43:35.680 --> 01:43:36.680]  We're going to go to break.
[01:43:36.680 --> 01:43:37.680]  We'll pick you up on the other side.
[01:43:37.680 --> 01:43:38.680]  Okay?
[01:43:38.680 --> 01:43:39.680]  All right, folks.
[01:43:39.680 --> 01:43:41.680]  This is Rule of Law Radio.
[01:43:41.680 --> 01:43:47.680]  We are coming up on our last segment, so Grant and Esperanza may be our last calls, but
[01:43:47.680 --> 01:43:49.680]  if I can get to you, I will.
[01:43:49.680 --> 01:43:51.680]  This is Rule of Law Radio.
[01:43:51.680 --> 01:43:54.680]  This is Eddie Craig, Deborah Stevens, Randy Kelton.
[01:43:54.680 --> 01:43:57.680]  We'll be right back after the break.
[01:43:57.680 --> 01:44:00.680]  Hey, did you hear?
[01:44:00.680 --> 01:44:03.680]  Ron Paul has announced he's running for president in 2012.
[01:44:03.680 --> 01:44:04.680]  Is it Ron Paul?
[01:44:04.680 --> 01:44:05.680]  Really?
[01:44:05.680 --> 01:44:06.680]  Okay.
[01:44:06.680 --> 01:44:07.680]  Put down the cell phone for one minute.
[01:44:07.680 --> 01:44:10.680]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.680 --> 01:44:13.680]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:44:13.680 --> 01:44:14.680]  Of course you do.
[01:44:14.680 --> 01:44:15.680]  Now, listen closely.
[01:44:15.680 --> 01:44:18.680]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and
[01:44:18.680 --> 01:44:20.680]  his message before it's too late.
[01:44:20.680 --> 01:44:22.680]  They have all of his books and many of the books he talks about.
[01:44:22.680 --> 01:44:27.680]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:27.680 --> 01:44:28.680]  Brave New Books?
[01:44:28.680 --> 01:44:30.680]  Did they have Harry Potter and Twilight?
[01:44:30.680 --> 01:44:36.680]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:36.680 --> 01:44:39.680]  Ugh, this sounds like that show in the Discovery Channel.
[01:44:39.680 --> 01:44:46.680]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School that you can sign up for on the website bravenewbooksstore.com.
[01:44:46.680 --> 01:44:47.680]  What are you doing?
[01:44:47.680 --> 01:44:51.680]  I'm tweeting all my friends that they should go to bravenewbooksstore.com or down to the bookstore in person.
[01:44:51.680 --> 01:44:52.680]  Where's it located?
[01:44:52.680 --> 01:44:54.680]  1904 Guadeloupe Street.
[01:44:54.680 --> 01:44:55.680]  There, it's sent.
[01:44:55.680 --> 01:44:57.680]  I even made a smiley face.
[01:44:57.680 --> 01:45:24.680]  Great.
[01:45:27.680 --> 01:45:29.680]  And now you can too.
[01:45:29.680 --> 01:45:35.680]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:35.680 --> 01:45:44.680]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:44.680 --> 01:45:53.680]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[01:45:53.680 --> 01:46:03.680]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[01:46:03.680 --> 01:46:23.680]  Hi, folks, we are back. This is rule of law radio. We are in the last segment of the show. Right now we are talking to Grant in Texas.
[01:46:23.680 --> 01:46:27.680]  Okay, Grant, you said something about a forcible detainer.
[01:46:27.680 --> 01:46:31.680]  Yes, I had recently lost a forcible detainer trial.
[01:46:31.680 --> 01:46:39.680]  Okay, hang on just a second. Before you get into that, I don't deal with the mortgage stuff at all. That is not my forte.
[01:46:39.680 --> 01:46:40.680]  Okay.
[01:46:40.680 --> 01:46:49.680]  So if you have a question on that, you'd be better off calling in Thursday or Friday when Randy's on the air with us. That is not my area of expertise. I got enough on my plate as it is.
[01:46:49.680 --> 01:46:57.680]  Okay, I understand. I think, yeah, that was pretty much what it related to. So let me let you get to the next caller before we run out of time.
[01:46:57.680 --> 01:46:59.680]  All right, Grant. Thanks for calling in. Appreciate it.
[01:46:59.680 --> 01:47:01.680]  Okay, thank you. Thanks for your time.
[01:47:01.680 --> 01:47:03.680]  All right. Okay, bye-bye.
[01:47:03.680 --> 01:47:10.680]  All right, we are left with Jim and Kansas, who is calling back in. Jim, what can I do for you?
[01:47:10.680 --> 01:47:17.680]  Yeah, any general questions that maybe anybody could benefit by the answers?
[01:47:17.680 --> 01:47:34.680]  A question about right to be taken before magistrate. And if you are not free to go, you are under arrest when Miranda is required to be given to you. And if you can have anything you say, say like admissions, can you have them stricken or suppressed?
[01:47:34.680 --> 01:47:43.680]  And cross-examination of a witness how to declare them incompetent. Like say if the prosecutor declares their own witness incompetent, can you have the...
[01:47:43.680 --> 01:47:47.680]  Okay, wait, let's back up and take these in order. Start with number one again.
[01:47:47.680 --> 01:47:51.680]  I'm loading you down, yeah. Right to be taken before magistrate.
[01:47:51.680 --> 01:48:05.680]  That all depends on what the laws of your state require. However, the general principle rule is, when an arrest is made without a warrant, the arrest is presumed to be unlawful until probable cause has been determined by a proper magistrate.
[01:48:05.680 --> 01:48:16.680]  Hence the entire reason why there's required to take you before a proper magistrate, who in Texas is the only one that can commit you to jail.
[01:48:16.680 --> 01:48:22.680]  The officers have no authority to commit you to jail. Only a magistrate may sign an order doing so.
[01:48:22.680 --> 01:48:27.680]  Yeah, the statutes say the same thing in Kansas that you have the right to be taken before magistrate.
[01:48:27.680 --> 01:48:33.680]  Okay, how about if you're not free to go, you are under arrest and one is Miranda required. Is it required at that time?
[01:48:33.680 --> 01:48:42.680]  Okay, you have to research the court interpretations and understanding on this, which most of them I disagree with, but this is the way it works out.
[01:48:42.680 --> 01:48:50.680]  The reason we asked the two questions, questions two and three, am I under arrest and am I free to go?
[01:48:50.680 --> 01:48:56.680]  Those are two separate questions that establish whether or not you were in a custodial arrest.
[01:48:56.680 --> 01:49:12.680]  The courts have all come to the conclusion that when a reasonable person feels that their liberty was restricted and they are not free to make the decision to go their own way of their own volition, then that person is in custody.
[01:49:12.680 --> 01:49:23.680]  The entire purpose of those two questions to establish that fact irrevocably, because you cannot both be not under arrest and not free to go.
[01:49:23.680 --> 01:49:26.680]  Yes, it's logical impossibility.
[01:49:26.680 --> 01:49:38.680]  Okay, so at that point if you say nothing, if you don't mention Miranda to the officer and he is looking for corroborating evidence and you know that you are under arrest because he says you're not free to go.
[01:49:38.680 --> 01:49:51.680]  Any statement you make is considered voluntary and if it's a voluntary statement, you will not get it with repressed or withheld.
[01:49:51.680 --> 01:49:55.680]  Yes, so you can't use Miranda against him, you better know your own rights.
[01:49:55.680 --> 01:49:56.680]  Correct.
[01:49:56.680 --> 01:49:57.680]  Okay, okay.
[01:49:57.680 --> 01:50:02.680]  They're very, very clear in the aspect that only a belligerent claimant has rights.
[01:50:02.680 --> 01:50:05.680]  Explain that, if you can, Eddie, belligerent claimant.
[01:50:05.680 --> 01:50:09.680]  Someone that will not allow their rights to be waived by assumption.
[01:50:09.680 --> 01:50:12.680]  I do not waive my right to remain silent.
[01:50:12.680 --> 01:50:19.680]  I do not waive my Fifth Amendment protection to testify against or provide evidence that can be used against me.
[01:50:19.680 --> 01:50:21.680]  Therefore, I'm shutting up.
[01:50:21.680 --> 01:50:23.680]  You're getting nothing.
[01:50:23.680 --> 01:50:27.680]  Now punish me for invoking my rights, which is what they do.
[01:50:27.680 --> 01:50:29.680]  Shut up and shut up some more.
[01:50:29.680 --> 01:50:30.680]  Exactly.
[01:50:30.680 --> 01:50:31.680]  Okay, all right.
[01:50:31.680 --> 01:50:33.680]  How about cross-examination?
[01:50:33.680 --> 01:50:36.680]  Well, wait, Jim, before you go on, I want to back up to the magistrate thing.
[01:50:36.680 --> 01:50:40.680]  It's more than just having a right to be taken to a magistrate.
[01:50:40.680 --> 01:50:48.680]  Yes, that is true, but in most states, and I know for sure here in Texas, the arresting officer is required to take you.
[01:50:48.680 --> 01:50:50.680]  Immediately to the magistrate.
[01:50:50.680 --> 01:50:55.680]  And if they don't, then they've just committed a crime of aggravated kidnapping.
[01:50:55.680 --> 01:50:59.680]  So it's further than you just having the right to be taken to a magistrate.
[01:50:59.680 --> 01:51:01.680]  They are required to do that.
[01:51:01.680 --> 01:51:02.680]  Okay.
[01:51:02.680 --> 01:51:10.680]  I have read some state statutes that you have to request, but in Kansas, it's in the criminal procedure.
[01:51:10.680 --> 01:51:12.680]  Yes, that's the way it is in Texas.
[01:51:12.680 --> 01:51:14.680]  They are required to do that.
[01:51:14.680 --> 01:51:15.680]  Thank you for bringing that up, Deborah.
[01:51:15.680 --> 01:51:17.680]  Okay, all right.
[01:51:17.680 --> 01:51:24.680]  And okay, so cross-examination, let's say that you're having hearing, and you ask some questions of competency.
[01:51:24.680 --> 01:51:32.680]  Well, you just ask general questions, trying to set up the officer, and the prosecutor jumps up and he declares his own witness incompetent and the judge concurs.
[01:51:32.680 --> 01:51:42.680]  Can you have all of his testimony, all are written, be stricken from the record, and since he's the only witness, can you have the case dismissed?
[01:51:42.680 --> 01:51:49.680]  Because the prosecution has no other witness to sustain a conviction.
[01:51:49.680 --> 01:51:53.680]  Motion to dismiss for lack of evidence to sustain a conviction, I guess at that point.
[01:51:53.680 --> 01:51:57.680]  Does that make any sense?
[01:51:57.680 --> 01:51:58.680]  Don't say that again.
[01:51:58.680 --> 01:51:59.680]  That was very fast.
[01:51:59.680 --> 01:52:00.680]  Okay.
[01:52:00.680 --> 01:52:01.680]  I was trying to follow you.
[01:52:01.680 --> 01:52:02.680]  Go ahead.
[01:52:02.680 --> 01:52:03.680]  Yeah, I was trying to hurry because of time.
[01:52:03.680 --> 01:52:04.680]  Okay.
[01:52:04.680 --> 01:52:05.680]  Let me slow down a bit.
[01:52:05.680 --> 01:52:11.680]  All right, let's say you have a hearing just after your arraignment, so to speak, and they move for hearing.
[01:52:11.680 --> 01:52:21.680]  And you are asking questions to the officer, and where he may not know how to answer.
[01:52:21.680 --> 01:52:29.680]  And the prosecutor jumps up and says, objection, witnesses incompetent to testify, and the judge concurs.
[01:52:29.680 --> 01:52:30.680]  At that point.
[01:52:30.680 --> 01:52:38.680]  Now you should move to suppress any and all testimony of that witness, including any paperwork generated and presented to the court, such as the citation.
[01:52:38.680 --> 01:52:39.680]  Yes.
[01:52:39.680 --> 01:52:41.680]  Or any complaint signed.
[01:52:41.680 --> 01:52:42.680]  Right.
[01:52:42.680 --> 01:52:45.680]  Now there's no cause before the court.
[01:52:45.680 --> 01:52:46.680]  Yes.
[01:52:46.680 --> 01:52:49.680]  If you get the citation stricken, that invalidates the complaint.
[01:52:49.680 --> 01:52:53.680]  The complaint is based on the citation alone.
[01:52:53.680 --> 01:52:54.680]  Okay.
[01:52:54.680 --> 01:52:55.680]  Yeah, there you go.
[01:52:55.680 --> 01:53:01.680]  And if they want to turn around and say it's also based on the officer's testimony, well, that officer was just declared incompetent.
[01:53:01.680 --> 01:53:03.680]  So his testimony isn't worth dog poop.
[01:53:03.680 --> 01:53:05.680]  The complaint's no good either.
[01:53:05.680 --> 01:53:06.680]  Right.
[01:53:06.680 --> 01:53:07.680]  Yeah.
[01:53:07.680 --> 01:53:08.680]  That's what I was after exactly.
[01:53:08.680 --> 01:53:12.680]  So now I move to dismiss for lack of jurisdiction.
[01:53:12.680 --> 01:53:14.680]  There's no issue before the court.
[01:53:14.680 --> 01:53:15.680]  We're done.
[01:53:15.680 --> 01:53:16.680]  Okay.
[01:53:16.680 --> 01:53:23.680]  So, and the judge has no discretion at that point to try to wiggle out of his decision he just made?
[01:53:23.680 --> 01:53:28.680]  Well, you're talking about whether or not that judge is going to obey law or not.
[01:53:28.680 --> 01:53:29.680]  Okay.
[01:53:29.680 --> 01:53:33.680]  They will always do what they want to do, no matter what the law says.
[01:53:33.680 --> 01:53:37.680]  But it would be a good point for appeal, regardless after that point what the judge tries to do.
[01:53:37.680 --> 01:53:47.680]  It would also be a good point for a judicial conduct complaint, a bar grievance that the judge is also an attorney, and a civil suit against the judge for acting without jurisdiction.
[01:53:47.680 --> 01:53:48.680]  Wow, Eddie.
[01:53:48.680 --> 01:53:49.680]  That's heavy.
[01:53:49.680 --> 01:53:50.680]  Good stuff.
[01:53:50.680 --> 01:53:52.680]  Very good stuff.
[01:53:52.680 --> 01:53:59.680]  I guess that's all I got, unless you want to elaborate on anything or anything else that you might be able to educate us audience members.
[01:53:59.680 --> 01:54:06.680]  I've never seen them, you know, stop the line of questioning saying that the witness is incompetent, referring to a police officer.
[01:54:06.680 --> 01:54:07.680]  I've seen them.
[01:54:07.680 --> 01:54:08.680]  I've seen them.
[01:54:08.680 --> 01:54:10.680]  Usually the defense has to do that.
[01:54:10.680 --> 01:54:13.680]  The defense is the one that's going to have to set the officer up to prove they're incompetent.
[01:54:13.680 --> 01:54:16.680]  The prosecution is not very likely to do that to their own people.
[01:54:16.680 --> 01:54:17.680]  Yeah, that's what I'm saying.
[01:54:17.680 --> 01:54:23.680]  I've never seen the prosecutor use that as an excuse to try to stop the defendant's questioning.
[01:54:23.680 --> 01:54:30.680]  Usually what they would do is they would try to establish that your line of questioning is irrelevant to the case.
[01:54:30.680 --> 01:54:32.680]  How about denial of cross-examination?
[01:54:32.680 --> 01:54:33.680]  Isn't that automatic?
[01:54:33.680 --> 01:54:34.680]  Yes, it is.
[01:54:34.680 --> 01:54:36.680]  That's a severe problem.
[01:54:36.680 --> 01:54:39.680]  That's a due process violation of the greatest magnitude.
[01:54:39.680 --> 01:54:46.680]  They cannot prevent you from cross-examining the witness unless what you're doing is a cross-examination.
[01:54:46.680 --> 01:54:48.680]  I'm sorry to say it again.
[01:54:48.680 --> 01:54:51.680]  You're required to know the rules of practice in court.
[01:54:51.680 --> 01:54:55.680]  You are required to know what constitutes proper cross and proper direct.
[01:54:55.680 --> 01:54:59.680]  When you don't learn those rules, the judge can still enforce them.
[01:54:59.680 --> 01:55:02.680]  It's not his problem that you didn't learn.
[01:55:02.680 --> 01:55:13.680]  He is expected to give you some latitude, but he is not going to let you stand up there and testify in the form of conducting a cross-examination.
[01:55:13.680 --> 01:55:14.680]  That's not going to happen.
[01:55:14.680 --> 01:55:15.680]  I understand. Got you.
[01:55:15.680 --> 01:55:16.680]  Right, no.
[01:55:16.680 --> 01:55:22.680]  Let's see if I ask the officer, for example, did you follow the valid cause and action against me?
[01:55:22.680 --> 01:55:23.680]  Well, yes, I did.
[01:55:23.680 --> 01:55:25.680]  I filed for it.
[01:55:25.680 --> 01:55:26.680]  Okay.
[01:55:26.680 --> 01:55:29.680]  You're going to the Mark Steven stuff.
[01:55:29.680 --> 01:55:32.680]  Yeah, I just didn't want to mention it out of respect for your show.
[01:55:32.680 --> 01:55:33.680]  Exactly.
[01:55:33.680 --> 01:55:34.680]  Okay.
[01:55:34.680 --> 01:55:35.680]  Well, no, that's okay.
[01:55:35.680 --> 01:55:39.680]  It's not that Mark's information is wrong.
[01:55:39.680 --> 01:55:43.680]  It happens to have a lot of wins on that point, as far as I know.
[01:55:43.680 --> 01:55:46.680]  Well, in some states he does.
[01:55:46.680 --> 01:55:53.680]  But for here in Texas, the best way to do that to the witness, especially a cop is to do it this way.
[01:55:53.680 --> 01:55:58.680]  They want to argue that the witness cannot make a legal conclusion.
[01:55:58.680 --> 01:56:03.680]  So you start down a road of questioning that will draw him into making one.
[01:56:03.680 --> 01:56:04.680]  Okay.
[01:56:04.680 --> 01:56:06.680]  Now, you wrote this citation, correct?
[01:56:06.680 --> 01:56:11.680]  It's your opinion that the law was violated in a particular way, right?
[01:56:11.680 --> 01:56:14.680]  Or is it your professional understanding?
[01:56:14.680 --> 01:56:19.680]  Well, the prosecutor's going to object to that line of questioning because it requires a legal conclusion.
[01:56:19.680 --> 01:56:20.680]  Okay.
[01:56:20.680 --> 01:56:22.680]  Your response is simple.
[01:56:22.680 --> 01:56:32.680]  The officer made a legal conclusion when he issued the citation. Without a legal conclusion, he could not make a determination that the law was allegedly violated.
[01:56:32.680 --> 01:56:37.680]  If he can make it on site, why can't he testify to what he did in the courtroom?
[01:56:37.680 --> 01:56:42.680]  Good, yeah.
[01:56:42.680 --> 01:56:44.680]  Wow, that sounds really good, Eddie.
[01:56:44.680 --> 01:56:45.680]  That's powerful.
[01:56:45.680 --> 01:56:56.680]  Hey, Eddie, I wanted to bring up another point, too, that we forgot to mention the other night when Jerry was on the show concerning the dismissal of his ticket.
[01:56:56.680 --> 01:56:58.680]  And we talked about this some off the air.
[01:56:58.680 --> 01:57:06.680]  When the prosecutor moves to dismiss the case in court, generally what they're always going to do is they're going to dismiss it without prejudice.
[01:57:06.680 --> 01:57:20.680]  And people need to motion the court at that point immediately that it be dismissed with prejudice so that they can't come back and try to, you know, go after you and start the prosecution all over again.
[01:57:20.680 --> 01:57:21.680]  Excellent point.
[01:57:21.680 --> 01:57:25.680]  Right. You always want to demand the dismissal of prejudice, always.
[01:57:25.680 --> 01:57:33.680]  Yeah. Now, if you don't ask for with prejudice, or let's say you do ask with prejudice, do you have to be specific like that or can the judge say...
[01:57:33.680 --> 01:57:36.680]  You just motion that you wanted with prejudice.
[01:57:36.680 --> 01:57:37.680]  Yeah.
[01:57:37.680 --> 01:57:40.680]  Yeah, I move the court to dismiss this cause with prejudice.
[01:57:40.680 --> 01:57:44.680]  Yeah, I'm aware of that. Totally forgot about it. Very good that you brought that up, Deborah.
[01:57:44.680 --> 01:57:52.680]  So just because you asked for it to be dismissed with prejudice, can he say strike what you...
[01:57:52.680 --> 01:57:53.680]  Well, he can deny it.
[01:57:53.680 --> 01:57:55.680]  He can still dismiss it without prejudice.
[01:57:55.680 --> 01:57:58.680]  He can deny your motion and still dismiss the case without prejudice.
[01:57:58.680 --> 01:58:02.680]  So you don't have to ask him, I don't care if you dismiss it with or without.
[01:58:02.680 --> 01:58:09.680]  Well, no, I'm talking about a situation where the prosecutor moves to dismiss the case because they don't want to fight you.
[01:58:09.680 --> 01:58:15.680]  Then you at that point motion the court asking for that to be dismissed with prejudice.
[01:58:15.680 --> 01:58:18.680]  You're just adding your little one-two punch at the end, okay?
[01:58:18.680 --> 01:58:20.680]  That's clever. It's slick.
[01:58:20.680 --> 01:58:22.680]  Okay. All right. Thank you, Jim. We're out of time.
[01:58:22.680 --> 01:58:23.680]  Thank you very much.
[01:58:23.680 --> 01:58:27.680]  All right, Danny, I'm sorry we see you on the board, but we are out of time.
[01:58:27.680 --> 01:58:38.680]  And the other thing that Jerry forgot to mention too that he wanted to mention was concerning that he had filed a whole heap of judicial conduct complaints and bar grievances also in the midst of his case.
[01:58:38.680 --> 01:58:42.680]  And so that may have had some bearing on the outcome of his case as well.
[01:58:42.680 --> 01:58:45.680]  All right, folks, we are at the end of our show. Thank you for listening.
[01:58:45.680 --> 01:58:51.680]  We will be back on Thursday night. This has been the rule of law. Eddie, any closing comments?
[01:58:51.680 --> 01:58:53.680]  No, ma'am. I'm good.
[01:58:53.680 --> 01:58:58.680]  Thanks, folks, for calling in and God bless you and listen to us again on Thursday and Friday.
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