ROL_2012-03-19_16k.timecode
[00:00.000 --> 00:04.720] This news brief brought to you by the International Newsnet.
[00:04.720 --> 00:08.880] Afghan President Hamid Karzai Friday said he is at the end of the rope because of the
[00:08.880 --> 00:14.480] lack of U.S. cooperation in probing the massacre of 16 Afghan civilians.
[00:14.480 --> 00:18.840] In a meeting with families of those killed on Sunday, Karzai said the delegation he sent
[00:18.840 --> 00:24.240] to investigate the shootings did not receive the cooperation Afghans expected.
[00:24.240 --> 00:30.520] Israel's ambassador to the U.S. Michael Oren reiterated Thursday the possibility of his
[00:30.520 --> 00:34.360] country striking Iran over its nuclear program.
[00:34.360 --> 00:40.080] Oren dismissed criticisms by Israel's former spy chief, Mayor Dagan, of a possible attack.
[00:40.080 --> 00:44.960] Israel, the only country in the Middle East to possess nuclear weapons, has refused to
[00:44.960 --> 00:47.360] sign the Nuclear Non-Proliferation Treaty.
[00:47.360 --> 00:53.200] Fifty people were arrested in the Chilean capital Santiago Thursday during a student
[00:53.200 --> 00:56.600] demonstration over improving higher education.
[00:56.600 --> 01:00.400] Authorities use water cannons and tear gas against demonstrators who fought back with
[01:00.400 --> 01:01.400] stones.
[01:01.400 --> 01:06.840] The students backed by professors and labor unions are demanding President Sebastian Pineras
[01:06.840 --> 01:13.920] Conservative Government guarantee free, quality university level education for all Chileans.
[01:13.920 --> 01:18.920] The Treasury Department is investigating two dozen former high-ranking U.S. officials
[01:18.920 --> 01:21.920] for actively supporting an Iranian dissident group.
[01:21.920 --> 01:28.440] The People's Mujahideen of Iran, M.E.K., listed by the State Department as a terrorist organization.
[01:28.440 --> 01:33.600] Those under investigation include former governors Ed Rendell of Pennsylvania and Howard Dean
[01:33.600 --> 01:39.480] of Vermont, former Homeland Security Advisor to George Bush, Fran Townsend, Bush's Attorney
[01:39.480 --> 01:44.280] General Michael McKasey and former U.N. Ambassador John Bolton.
[01:44.280 --> 01:49.280] Also being investigated are former Mayor of New York Rudolph Giuliani, ex-FBI Director
[01:49.280 --> 01:54.040] Louis Free and former Chairman of Joint Chiefs, General Hugh Shelton.
[01:54.040 --> 01:58.240] The investigation is focused on whether the former officials receive funding from the
[01:58.240 --> 02:04.040] M.E.K., thereby violating federal law barring financial dealings with terrorist groups.
[02:04.040 --> 02:08.400] Sources say those under investigation receive speakers' fees totaling hundreds of thousands
[02:08.400 --> 02:09.400] of dollars.
[02:09.400 --> 02:15.320] People who download copyrighted software, videos or music will soon have their bandwidth
[02:15.320 --> 02:17.840] cut off by their Internet service provider.
[02:17.840 --> 02:23.160] On July 12, the nation's largest ISPs will implement a new anti-piracy plan that will
[02:23.160 --> 02:29.160] engage network operators in a massive digital spying scheme whereby some users' bandwidth
[02:29.160 --> 02:35.080] will be cut off until they sign an agreement saying they won't download copyrighted materials.
[02:35.080 --> 02:43.800] INN World Report is in the process of restructuring and will be on hiatus until further notice.
[02:43.800 --> 03:07.160] Thank you for your support and for listening to INNWorldReport.net.
[03:13.800 --> 03:38.160] Thank you very much for listening to INNWorldReport.
[03:38.160 --> 04:04.520] Thank you very much for listening to INNWorldReport.
[04:04.520 --> 04:30.880] Thank you very much for listening to INNWorldReport.
[04:30.880 --> 04:57.240] Thank you very much for listening to INNWorldReport.
[04:57.240 --> 05:23.600] Thank you very much for listening to INNWorldReport.
[05:23.600 --> 05:49.960] Thank you very much for listening to INNWorldReport.
[05:49.960 --> 06:16.320] Thank you very much for listening to INNWorldReport.
[06:16.320 --> 06:42.680] Thank you very much for listening to INNWorldReport.
[06:42.680 --> 07:09.040] Thank you very much for listening to INNWorldReport.
[07:09.040 --> 07:35.400] Thank you very much for listening to INNWorldReport.
[07:35.400 --> 08:01.760] Thank you very much for listening to INNWorldReport.
[08:01.760 --> 08:28.120] Thank you very much for listening to INNWorldReport.
[08:28.120 --> 08:56.480] Thank you very much for listening to INNWorldReport.
[08:56.480 --> 09:22.840] Thank you very much for listening to INNWorldReport.
[09:22.840 --> 09:49.200] Thank you very much for listening to INNWorldReport.
[09:49.200 --> 10:15.560] Thank you very much for listening to INNWorldReport.
[10:15.560 --> 10:41.920] Thank you very much for listening to INNWorldReport.
[10:41.920 --> 11:08.280] Thank you very much for listening to INNWorldReport.
[11:08.280 --> 11:34.640] Thank you very much for listening to INNWorldReport.
[11:34.640 --> 11:47.000] If you double-click the complaint and you enter the citation number, you don't get the complaint, you get the first motion filed in the case by the pro-said defendant, and that's all you get.
[11:47.000 --> 11:58.000] And I'm assuming that if you go through it, even if you've got an attorney, if you get there the same way I did, you're still only going to see the first document that was filed in your case.
[11:58.000 --> 12:11.840] So either way, the system does not work as described. It does deprive you of access to your record. It does deprive you of your ability to put up a defense, because you can't see everything that's been done.
[12:11.840 --> 12:27.360] But while I was there, I decided to go through some of these erroneous entries with the clerks, and it turns out there are a couple of additional orders that were entered in my record that nobody ever bothered to supply me with.
[12:27.360 --> 12:45.360] The judges entered them, but they never noticed me of the order. For instance, the first order that apparently was entered in the case was entered by Judge Solomon, and it's an order for a continuance, but nobody filed a continuance.
[12:45.360 --> 13:05.360] I didn't file one. State didn't file one, but the judge filed an order granting it. And this is what's actually in the body of the order. On this, the January 12th of 2012, defendant filed motions to dispute the jurisdiction of the court and various other issues.
[13:05.360 --> 13:21.360] The court, having considered said motion, is of the opinion that the case shall be set for a jury trial. And then Solomon signed it. Well, folks, this is not a motion for continuance. There's nothing here to continue.
[13:21.360 --> 13:38.360] There would have to be a jury trial set anyway, and it's the original setting for the jury trial, and no one of the parties asked for the trial to be delayed for X amount of time because of some necessity.
[13:38.360 --> 13:52.360] That's what a motion for continuance is. Hey, I can't show up on the day designated because something has come up that prevents me from doing so. That's a continuance. This is not a continuance.
[13:52.360 --> 14:11.360] So again, we got judges that don't even know what happened to that blame orders are supposed to be signing to set something for trial. Okay. Why is this not an order for trial setting or an order for setting data trial, anything relevant to what it actually does.
[14:11.360 --> 14:23.360] But no, the idiots label it an order for continuance, thus confusing the record online for somebody like me that goes to access it and is going, what damn continuance.
[14:23.360 --> 14:38.360] Okay. Now, turns out that several other copies of the orders that were issued while I was at trial in court are also not listed online, or if they are, you can access them at all.
[14:38.360 --> 14:50.360] For instance, the jury verdict is not there, nor is the order signed by the judge in the court proclaiming the judgment, which in this case is a judgment order. Okay.
[14:50.360 --> 15:12.360] Now, in my judgment order, this is to seriously hosed. It's not even funny. The jury verdict came back guilty. The order is titled judgment of guilty in jury trial cases. But in the body, it specifically declares that I was found not guilty.
[15:12.360 --> 15:23.360] Now, talk about your contradiction in terms of an idiot method of record keeping here. Okay. They can't even agree in the same document as to what the verdict was.
[15:23.360 --> 15:37.360] So, this right here will go a long way to showing that the Austin Municipal Court functions at a minimum and incompetent level for the maintaining of proper records.
[15:37.360 --> 15:44.360] And even the judges don't double check what they do in court to make sure it's true and accurate.
[15:44.360 --> 15:55.360] So, right now, I have filed an appeal bond in a case from which I was found not guilty, according to the order.
[15:55.360 --> 16:11.360] Now, figure that one out, folks. Okay. So, we can go on and on with this. And then, on the order for new trial, this was actually signed on the 6th of this month.
[16:11.360 --> 16:21.360] It was not mailed until the 8th of the month. And it did not arrive at where I'm staying until the 10th of the month.
[16:21.360 --> 16:34.360] Now, if you know how to count your days on an appeal process, you have 30 days to file your, or 10 days to file your notice of appeal.
[16:34.360 --> 16:41.360] And then they have 30 days to approve or deny. And I'll pick this up on the other side of the break.
[16:41.360 --> 16:51.360] Calling number is 512-646-1984. This is Eddie Craig, David Steven, Randy Kelton, Rural Law Radio. David, I see you there on the caller board.
[16:51.360 --> 16:59.360] I'll wrap this up on the other side and we'll start taking your calls. So, now's the time to get in line, folks. We will be right back.
[16:59.360 --> 17:12.360] America is in trouble. Washington is a disgrace. Government has become too big. It's overtaxing, overspending. We need to change direction. We really need to change. You can't afford to make the same mistakes we've made in the past.
[17:12.360 --> 17:21.360] Mitt Romney's reputation is a flip-flopper. He went the other way when he got paid to go the other way. There is need for economic stimulus. It's about serial hypocrisy.
[17:21.360 --> 17:30.360] This election is about trust. There's been one true, consistent candidate. And that's Dr. Ron Paul. Ron Paul has been so consistent from the very beginning.
[17:30.360 --> 17:39.360] He seemed like a more honest candidate. He tells the truth about what he believes, whether you like it or not. He's never once voted for a tax increase, never once voted for an unbalanced budget.
[17:39.360 --> 17:47.360] Ron Paul's plan is bold. He's got five departments. It's what we need. When he says he's going to cut a trillion dollars in the first year, I believe it.
[17:47.360 --> 17:52.360] If you don't like how things are going, and you're tired of politicians, he's something different.
[17:52.360 --> 18:00.360] Ron Paul. Ron Paul. Ron Paul. Ron Paul. Is the one we've been looking for. I'm Ron Paul, and I approve this message.
[18:00.360 --> 18:05.360] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.360 --> 18:14.360] Stop debt collectors now with the Michael Merris Proven Method. Michael Merris has won six cases in federal court against debt collectors, and now you can win two.
[18:14.360 --> 18:20.360] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statute.
[18:20.360 --> 18:26.360] What to do when contacted by phones, mail, or court summons. How to answer letters and phone calls.
[18:26.360 --> 18:33.360] How to get debt collectors out of your credit report. How to turn the financial tables on them and make them pay you to go away.
[18:33.360 --> 18:40.360] The Michael Merris Proven Method is the solution for how to stop debt collectors. Personal consultation is available as well.
[18:40.360 --> 18:49.360] For more information, please visit ruleoflawradio.com and click on the blue Michael Merris banner, or email Michael Merris at yahoo.com.
[18:49.360 --> 19:11.360] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors next.
[19:11.360 --> 19:20.360] Alright folks, we are back. This is ruleoflawradio. Okay, let me finish up with this information here, and we will start on the calls.
[19:20.360 --> 19:29.360] Again, the calling number is 512-646-1984. David, I do see you, so please sit on there for just a minute more.
[19:29.360 --> 19:39.360] Now, what I was saying about the motion for new trial is you have, in a municipal court of record, you have 10 days from the data judgment to get it filed.
[19:39.360 --> 19:46.360] In a municipal court of no record, you have only one day to file your motion for new trial.
[19:46.360 --> 19:56.360] So my recommendation is, in the municipal courts of no record, just simply take in a motion for new trial pre-written.
[19:56.360 --> 20:05.360] We already pretty much know what errors the courts are going to commit. They do them routinely.
[20:05.360 --> 20:13.360] If you've got my classes on recording or you've been to any of the classes, you've seen just a sample of the things they do wrong.
[20:13.360 --> 20:21.360] If you've gone to any of the court cases that are occurring from anybody that's been in the classes, you see exactly what they're doing wrong.
[20:21.360 --> 20:26.360] And they never fail to not do what the Code of Criminal Procedure requires.
[20:26.360 --> 20:35.360] They ignore it as if it's nonexistent and they can do it as they will please. Not true, but it is what they're acting like they can do.
[20:35.360 --> 20:43.360] Now, on that motion for new trial and the 10-day limit, once it's filed, there's a 30-day time limit.
[20:43.360 --> 20:50.360] They have to either approve or deny the motion for new trial within 30 days.
[20:50.360 --> 21:01.360] On the 31st day, it is declared denied and you can then and only then timely file your notice of appeal.
[21:01.360 --> 21:11.360] If you file your notice of appeal prior to a response to the motion for new trial, then the appellate court has a hissy fit.
[21:11.360 --> 21:28.360] Okay, so we had to go in this Friday and get the notice of appeal filed because they had already stolen five of my 10 days in which to get the notice of appeal completed and filed.
[21:28.360 --> 21:30.360] How do they do this?
[21:30.360 --> 21:42.360] When the date the motion for new trial is denied, you have 10 days in calendar days to get the motion or the notice of appeal and the appeal bond put in place.
[21:42.360 --> 21:54.360] The appeal is not perfected until the appeal bond or the surety bond for the appeal is paid or filed, okay?
[21:54.360 --> 21:58.360] Therefore, you've got 10 days to do both of those.
[21:58.360 --> 22:01.360] Once the motion is denied for new trial.
[22:01.360 --> 22:05.360] But again, the motion was denied on the 6th.
[22:05.360 --> 22:09.360] It was not, the order was never sent out.
[22:09.360 --> 22:17.360] All we got was a letter from the court saying it was denied, which we objected to because we are entitled to a copy of the order.
[22:17.360 --> 22:28.360] And we specifically requested in all of our previous filings that we do not agree to nor accept any administrative determinations of anything.
[22:28.360 --> 22:32.360] We want judicial findings and we want the orders.
[22:32.360 --> 22:35.360] Well, they didn't send me the order.
[22:35.360 --> 22:43.360] Then what they did send me, they did not mail out until the 8th, two days after the order was signed.
[22:43.360 --> 22:50.360] So that means I lost the 6th, the 7th and the 8th in order to file my notice of appeal.
[22:50.360 --> 22:53.360] So I've lost three days on the 10 already.
[22:53.360 --> 22:56.360] It did not arrive on that Friday.
[22:56.360 --> 22:58.360] So I lost the 9th.
[22:58.360 --> 23:03.360] It arrived on the 10th, which is Saturday, when of course nothing is open.
[23:03.360 --> 23:05.360] That's the 5th day.
[23:05.360 --> 23:08.360] Then you have Sunday, which I can't file anything.
[23:08.360 --> 23:13.360] So the earliest I could have filed would have been the following Monday.
[23:13.360 --> 23:19.360] So six of my 10 days were gone before I even got started.
[23:19.360 --> 23:26.360] Now, if you count up the 10, we should have had it filed by Thursday.
[23:26.360 --> 23:39.360] But we filed it on Friday and filed with it a copy of the notice, a copy and a copy of the envelope,
[23:39.360 --> 23:44.360] showing that we were deprived of multiple days before it even began.
[23:44.360 --> 23:51.360] We also made the argument that because this was a non-case to begin with,
[23:51.360 --> 24:00.360] and there was no authority of the trial court to set an appeal or to hold an appeal, much less an actual trial,
[24:00.360 --> 24:05.360] then the motion for new trial was irrelevant and we could let the time run out.
[24:05.360 --> 24:16.360] But in either case, we're making the argument that the appeal was filed timely because of the deprivation of time by the court.
[24:16.360 --> 24:19.360] They can't blame us for time that they withhold.
[24:19.360 --> 24:24.360] And by not mailing notice to us, they definitely withheld it.
[24:24.360 --> 24:31.360] And it was not posted online until several days after that that they had denied it.
[24:31.360 --> 24:37.360] So there's no way I could have known ahead of time that it had been denied.
[24:37.360 --> 24:42.360] So we had to, again, argue lack of notice.
[24:42.360 --> 24:44.360] Okay, so we got all that handled.
[24:44.360 --> 24:46.360] The appeal is on its way.
[24:46.360 --> 24:49.360] We're going to see exactly what happens from this point forward.
[24:49.360 --> 24:53.360] And again, I want to thank all you kind generous folks for your donations.
[24:53.360 --> 24:55.360] It's greatly appreciated.
[24:55.360 --> 24:58.360] Please understand that this is just the tip of the iceberg.
[24:58.360 --> 25:02.360] We are going forward to have the funds for the federal lawsuit.
[25:02.360 --> 25:09.360] So anything that you can continue to donate a little bit a week, a little bit a month, whatever, doesn't matter.
[25:09.360 --> 25:16.360] Every little bit helps and every little bit will go to funding the federal suit.
[25:16.360 --> 25:19.360] So please help us keep going toward that goal.
[25:19.360 --> 25:21.360] All right, we're going to start taking your calls.
[25:21.360 --> 25:27.360] Call in number 512-646-1984, and we're going to go to David in West Virginia.
[25:27.360 --> 25:29.360] Evening, David, what can we do for you?
[25:29.360 --> 25:36.360] Hey, I am calling about an accident I had.
[25:36.360 --> 25:44.360] And what happened was I swiped another vehicle on a two-lane road that had a lot of little dip heels in it.
[25:44.360 --> 25:50.360] And what happened was a deer came across in front of me, and I swirled and missed the deer.
[25:50.360 --> 25:55.360] And I didn't tear up the other car really bad or my vehicle, and neither one of us were hurt.
[25:55.360 --> 26:04.360] But I'm on workman's cot right now, and they wanted me to go get a blood test for a DUI.
[26:04.360 --> 26:12.360] And the officer told me, I told him I said, well, I take Percocet, and he said, well, that'll give you a DUI right there.
[26:12.360 --> 26:15.360] So I felt obligated not to submit to the blood test.
[26:15.360 --> 26:18.360] Did I do the right thing?
[26:18.360 --> 26:25.360] Well, my first question is, why did you say anything about taking prescription medication at all?
[26:25.360 --> 26:28.360] Well, I don't know.
[26:28.360 --> 26:37.360] Is there anything in the instructions that says do not operate equipment or heavy machinery or anything of that nature when you're under the influence?
[26:37.360 --> 26:45.360] Well, my concern was, I hadn't taken a pill that day, but that it would still be in my bloodstream.
[26:45.360 --> 26:49.360] So I refused to take the, they wanted to draw blood out of my body.
[26:49.360 --> 26:53.360] I didn't have any, I had not drinking any alcohol.
[26:53.360 --> 26:58.360] And I told them there was a deer involved in the situation. It caused me to swerve to try to miss the deer.
[26:58.360 --> 27:05.360] And I was on top of a lip of a little heel, and I didn't know a car was coming up the bottom of the other dip.
[27:05.360 --> 27:07.360] And that's how we sideswiped.
[27:07.360 --> 27:13.360] I had no alcohol in the vehicle. I hadn't drank any alcohol, but I wouldn't submit to the test, even though they did handcuff me
[27:13.360 --> 27:19.360] and hauled me all the way to the city to try to get me to submit to the test.
[27:19.360 --> 27:29.360] Well, as long as there's nothing that they can do to force you to take the test or penalize you for not taking it, then I can't say that you didn't do the right thing.
[27:29.360 --> 27:34.360] Without a search warrant, they're not supposed to be able to take blood or anything else anyway.
[27:34.360 --> 27:41.360] Well, they did penalize me because today, this accident happened the night of the 23rd of February.
[27:41.360 --> 27:49.360] Well, today, I got a letter in the mail from them. I have a West Virginia CDL driver's license.
[27:49.360 --> 27:53.360] I've never been in an accident in my life. I hadn't even had a speeding ticket in 10 years.
[27:53.360 --> 28:06.360] Today, though, I got a letter from the West Virginia Department Motor Vehicle that tells me they're going to suspend my driving privileges effective on a Friday, the 23rd.
[28:06.360 --> 28:09.360] Based on what?
[28:09.360 --> 28:13.360] As they say, I've been convicted of a DUI.
[28:13.360 --> 28:17.360] Well, then if they do that, sue the living crap out of them because you haven't been convicted.
[28:17.360 --> 28:33.360] What you need to find out is whether or not there is what they call a non-consent waiver, which means that if you refuse to provide it and you have a CDL, then it's an automatic revocation.
[28:33.360 --> 28:40.360] But normally, there has to be a conviction associated with it in order for that to apply.
[28:40.360 --> 28:43.360] Did they charge you with anything?
[28:43.360 --> 28:50.360] Yes, they charged me with a DUI. Well, the accident happened in Pennsylvania and I live in West Virginia.
[28:50.360 --> 28:58.360] Pennsylvania sent me a letter and I got it today as well. Also, I got my court date today, which is May the 1st.
[28:58.360 --> 29:05.360] And they're revoking whatever driving privileges I would have in Pennsylvania as well.
[29:05.360 --> 29:14.360] What I understand about it is they gave me every test they could give me as far as a DUI test there at the site.
[29:14.360 --> 29:24.360] And that was not good enough for them because the deer, what I think happened was the deer came out to me and was coming onto the road.
[29:24.360 --> 29:29.360] And I swore, I think it spawned back into the woods and went back into the woods.
[29:29.360 --> 29:33.360] So I didn't physically hit the deer itself, but I did decide to fight the other vehicle.
[29:33.360 --> 29:40.360] And I'm really concerned because my CDL, I've been driving for 18 years. I've never done anything.
[29:40.360 --> 29:43.360] I've had a speeding ticket, but I haven't had one in 10 years.
[29:43.360 --> 29:48.360] Okay, well hang on, we're about to go to break. I'll pick this up on the other side with you, okay?
[29:48.360 --> 29:49.360] Okay.
[29:49.360 --> 29:55.360] Alright, this is Rural Law Radio 512-646-1984. Give us a call. We'll be right back.
[29:55.360 --> 30:05.360] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.360 --> 30:07.360] The government says that fire brought it down.
[30:07.360 --> 30:12.360] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.360 --> 30:15.360] Over 6,000 of my fellow service members have given their lives.
[30:15.360 --> 30:18.360] And thousands of my fellow force respond to the dying.
[30:18.360 --> 30:20.360] This is not a conspiracy theorist.
[30:20.360 --> 30:21.360] I'm a structural engineer.
[30:21.360 --> 30:22.360] I'm a New York City correctional.
[30:22.360 --> 30:23.360] I'm an Air Force pilot.
[30:23.360 --> 30:24.360] I'm the father who lost his son.
[30:24.360 --> 30:27.360] We're Americans, and we deserve the truth.
[30:27.360 --> 30:30.360] Go to RememberBuilding7.org today.
[30:33.360 --> 30:37.360] Unless you're a bump in a log, you've probably heard the term blog.
[30:37.360 --> 30:41.360] A blog is an online journal with thoughts and opinions, but have you heard of a flog?
[30:41.360 --> 30:45.360] I've got your Catherine Albright and I'll tell you all about it in just a moment.
[30:45.360 --> 30:51.360] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:51.360 --> 30:55.360] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:55.360 --> 30:57.360] So protect your rights.
[30:57.360 --> 31:01.360] Say no to surveillance and keep your information to yourself.
[31:01.360 --> 31:03.360] Privacy, it's worth hanging on to.
[31:03.360 --> 31:07.360] This public service announcement is brought to you by StartPage.com,
[31:07.360 --> 31:11.360] the private search engine alternative to Google, Yahoo, and Bing.
[31:11.360 --> 31:14.360] Start over with StartPage.
[31:14.360 --> 31:18.360] A flog is a fake blog. Sometimes flogs are just for fun,
[31:18.360 --> 31:24.360] but some flogs masquerade as real blogs in order to promote a company, product, or political point of view.
[31:24.360 --> 31:31.360] One notorious flog, Walmarting Across America, was supposedly written by a couple of you just loved Walmart stores.
[31:31.360 --> 31:36.360] As they drove their RV across the country, they made a point to park in Walmart lots every night
[31:36.360 --> 31:40.360] to write super upbeat stories about the company and its employees.
[31:40.360 --> 31:45.360] It sounded too good to be true, so reporters investigated and found out the couple
[31:45.360 --> 31:49.360] was paid to say such nice things about the much hated retailer.
[31:49.360 --> 31:52.360] Just one more reason Walmart deserves a flogging.
[31:52.360 --> 31:57.360] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:04.360 --> 32:06.360] Yeah, I got a warrant.
[32:06.360 --> 32:14.360] I'm not going to solve them, to the end of the government, to prosecute them.
[32:14.360 --> 32:16.360] Okay.
[32:18.360 --> 32:20.360] Oh, sir.
[32:30.360 --> 32:34.360] Hi, folks. We are back. This is Rudolf Law Radio.
[32:34.360 --> 32:38.360] We're talking to David in West Virginia, but he is our only caller at the moment,
[32:38.360 --> 32:43.360] so please call in 512-646-1984.
[32:43.360 --> 32:48.360] Okay, David, let's continue talking about this Pennsylvania deer.
[32:48.360 --> 32:51.360] Yes. Like I said, it came out in the road.
[32:51.360 --> 32:55.360] I swore to miss it. I drove it at a little metro, I don't know if you're familiar, geometra,
[32:55.360 --> 33:01.360] and it was just an instinct. The problem is I did it at the top of a little little rolling hill.
[33:01.360 --> 33:05.360] Another car was coming up, and we barely sideswiped.
[33:05.360 --> 33:10.360] And what I mean by barely is, I mean, it did puncture both of our front tires on the driver's side,
[33:10.360 --> 33:15.360] but it didn't do any damage to either vehicle past the front of the driver's door.
[33:15.360 --> 33:21.360] And I passed all their tests on the side of the road, and they still took me in handcuffs
[33:21.360 --> 33:25.360] all the way to their police barracks and fingerprinted me and everything I had.
[33:25.360 --> 33:31.360] I had no alcohol in my breath and nothing like that, but I did admit to him that I was on prescription
[33:31.360 --> 33:36.360] purposes for working as cop injuries that I was dealing with.
[33:36.360 --> 33:39.360] And he told me at that point when I was going to take a blood test with,
[33:39.360 --> 33:43.360] if you take this test, you'll test positive for DUI, the police officer,
[33:43.360 --> 33:46.360] or it is the state troopers where it was.
[33:46.360 --> 33:51.360] And so I refused to take the test because I felt like I would incriminate myself either way,
[33:51.360 --> 33:58.360] even though I had no alcohol in my system, but I had a prescription for the purpose that I was taking.
[33:58.360 --> 34:07.360] Okay, well, again, whether or not that's an issue depends entirely upon what the rules of the state are
[34:07.360 --> 34:12.360] on refusal on the accusation of driving under the influence charge.
[34:12.360 --> 34:18.360] If you have a CDL and the statutes require you upon demand to take the test and you refuse,
[34:18.360 --> 34:23.360] then the statute is written to make an automatic revocation of your license.
[34:23.360 --> 34:32.360] If you do refuse, then you're going to have to argue the denial of due process issues of the statute
[34:32.360 --> 34:38.360] because basically it's an administrative determination of guilt and punishment without judicial review.
[34:38.360 --> 34:39.360] That's a bill of attainder.
[34:39.360 --> 34:46.360] It's absolutely forbidden, but they're doing it day in and day out nationwide.
[34:46.360 --> 34:51.360] Any way I can contact you after hours and...
[34:51.360 --> 35:00.360] You can send me an email, but I don't know that I'll be in any better position to help you with then
[35:00.360 --> 35:06.360] than what I'm telling you right now because I'm not familiar with the West Virginia statutes
[35:06.360 --> 35:09.360] that issue here or the Pennsylvanian ones either for that matter.
[35:09.360 --> 35:13.360] Right, well, where it happened that I was like 30 miles from my home
[35:13.360 --> 35:18.360] in Pennsylvanian West Virginia really close together, like I said, I've never been in direct before
[35:18.360 --> 35:24.360] and it's pretty sad to me that I didn't know what to do with knowing that I did have percusset in my system
[35:24.360 --> 35:27.360] because I had an injury and I've been taking percusset.
[35:27.360 --> 35:32.360] Well, you need to talk to a doctor and see what the residual time of that stuff in the bloodstream is.
[35:32.360 --> 35:36.360] You may not have and it may have been okay,
[35:36.360 --> 35:42.360] but they would have flagged you with a false positive no matter what because you made the admission.
[35:42.360 --> 35:48.360] Don't do that, folks. Don't do that.
[35:48.360 --> 35:54.360] Do not admit to being under the influence of anything legal or not.
[35:54.360 --> 35:59.360] Why? Because they're going to use it against you later.
[35:59.360 --> 36:06.360] Don't do it. You are under no obligation to do it. Don't.
[36:06.360 --> 36:13.360] Well, I hadn't taken any that day with that. So you're saying I should have just not said anything in the situation.
[36:13.360 --> 36:20.360] The problem is, is there's no way now to prove one way or the other whether you did or didn't take it that day.
[36:20.360 --> 36:22.360] Right.
[36:22.360 --> 36:24.360] Right.
[36:24.360 --> 36:25.360] All right.
[36:25.360 --> 36:27.360] I can contact you through your emails in and...
[36:27.360 --> 36:31.360] Yes, eddyatruleoflawradio.com.
[36:31.360 --> 36:34.360] Okay, well, I'd appreciate contacting you more.
[36:34.360 --> 36:42.360] Is there any way that your traffic seminar would help me in the state of Pennsylvania dealing with them or is it something I probably have to get actual physical lawyer for?
[36:42.360 --> 36:48.360] Well, all said and done, you're probably going to wind up having to have a lawyer if you wish to save your license,
[36:48.360 --> 36:52.360] but I can't tell you what that's going to cost you. It's going to be more than you want to pay, I guarantee you.
[36:52.360 --> 36:57.360] Right. I understand. It's a money game. And that's what ticks me off is on this road,
[36:57.360 --> 37:02.360] there's no signs of any deer warning and crossings and I had somebody go back.
[37:02.360 --> 37:07.360] Well, there's one thing about the deer, they don't read well, so they don't always cross where the signs are.
[37:07.360 --> 37:15.360] Right, but if you have no crossing, isn't there some issues with that where the area that would, let's say, in their mind...
[37:15.360 --> 37:21.360] Anywhere you see trees and no fences expect wildlife.
[37:21.360 --> 37:24.360] That's the general rule of thumb.
[37:24.360 --> 37:32.360] I understand, but I guess I've been fortunate in my life as long as I am to get to this point and now have this.
[37:32.360 --> 37:39.360] I was in a situation where I'd never had handcuffs on me, they didn't read me my right, which I thought they probably should have,
[37:39.360 --> 37:43.360] because they retained me for like two and a half hours.
[37:43.360 --> 37:46.360] So they detained you for two and a half hours?
[37:46.360 --> 37:50.360] Oh, absolutely. They put me in handcuffs, took me from the scene of the accident.
[37:50.360 --> 37:58.360] There's a hospital in there from there to there, State Trooper Barracks, and Fingerprinted me, and they never read me my rights at all.
[37:58.360 --> 38:02.360] Well, did you ask them why you were under arrest?
[38:02.360 --> 38:10.360] No, I thought I just, at that point, would be better off keeping my mouth shut on that, because they weren't rude to me, but I mean...
[38:10.360 --> 38:16.360] Well, they may not be rude to you, but there's something everybody out there listening needs to understand.
[38:16.360 --> 38:25.360] The moment you don't object to what's being done to you, you have consented to what's being done to you.
[38:25.360 --> 38:29.360] That's not good.
[38:29.360 --> 38:30.360] Okay?
[38:30.360 --> 38:33.360] I can't get it back and claim that they never read me my rights.
[38:33.360 --> 38:45.360] Sure you can, but again, anything you said or did by not questioning whether or not you were under arrest will be considered by the court to have been done voluntarily.
[38:45.360 --> 38:56.360] So now you've got the additional fight of proving any evidence used against you was collected illegally under an illegal arrest.
[38:56.360 --> 39:05.360] Well, they had no evidence, except for I did have a cooler in my car that had a jar in it with water in it, and he asked me why I had glass with water in it.
[39:05.360 --> 39:14.360] Because I told him it was water, and I said, I asked him, is that illegal to transpire? I said, I prefer to have my water in glass as opposed to plastic.
[39:14.360 --> 39:19.360] We did address that with each other, but it was just water. I mean, just a jar of water.
[39:19.360 --> 39:20.360] Okay.
[39:20.360 --> 39:29.360] The question here, they have no evidence of driving under the influence. They don't care. They've deprived you of your license.
[39:29.360 --> 39:38.360] They're going to get their money out of you in fines and fees just to get your license back to the administrative process.
[39:38.360 --> 39:49.360] Convicting you of DUI has nothing to do with public safety. They could care less if a drunken or under the influence individual kills 400 people.
[39:49.360 --> 39:58.360] They don't care. It's not about that. It's about how much money can we get out of the guy once he's done this and we caught him at it.
[39:58.360 --> 40:13.360] All right. I understand. That's what it's starting to feel like because the ambulance showed up and I refused service and they sent me an ambulance bill that I got today for $75.
[40:13.360 --> 40:18.360] Well, you didn't request the ambulance, so you're not under any obligation to pay for it.
[40:18.360 --> 40:25.360] Oh, I'm not. You're right. I didn't request it. So I don't have to pay for it. They're not going to put down my credit or something like that.
[40:25.360 --> 40:32.360] If you can make the argument, did I ask for the ambulance? No. You idiots call them. You idiots pay for them.
[40:32.360 --> 40:33.360] Okay.
[40:33.360 --> 40:44.360] And then if they do go jacking around with your credit, well, call us back and we'll give you the Michael Mirris package and you can go after the debt collector that's screwing around with your credit.
[40:44.360 --> 40:54.360] Right. Well, so if I contact you at your email address, I could maybe get in touch with you. Do you ever do any stuff where you go out of state and help people out?
[40:54.360 --> 41:07.360] No, I do not. I can talk to you, but I'm not going to travel out of state for all this. I'm not a lawyer. I can't go anywhere and go to court for you or anything.
[41:07.360 --> 41:15.360] So even though you're not an attorney, you couldn't sit there and give the person if they're defending their own case information on how to deal with it.
[41:15.360 --> 41:20.360] They are not going to let anyone talk to you in court unless that somebody has a bar card.
[41:20.360 --> 41:24.360] That's what I thought. So it's a big old, big old good boys club.
[41:24.360 --> 41:25.360] Yep.
[41:25.360 --> 41:26.360] Okay.
[41:26.360 --> 41:28.360] I thought you'd been listening for a while.
[41:28.360 --> 41:37.360] I've been listening for a little bit, but I've always listened to other things more than the traffic. And now that I'm in this situation, I'm learned.
[41:37.360 --> 41:43.360] I just, you know, I've never been in this situation before and it's all new to me.
[41:43.360 --> 41:48.360] He never listened. Boy, am I depressed now. He never bothered to listen to me before now.
[41:48.360 --> 41:57.360] No, it's okay. Just, yeah, you need to be doing some reading and you need to be trying to find an attorney.
[41:57.360 --> 42:02.360] Though I can't stay as attorneys, there are certain times when you're in over your head and you need to realize it.
[42:02.360 --> 42:05.360] And you would suggest this is one of those times, right?
[42:05.360 --> 42:11.360] Yes, because now you're going to get mired down in an administrative process.
[42:11.360 --> 42:16.360] They're not going to be worried about, did they set a court date for you?
[42:16.360 --> 42:18.360] Yes, sir. May the 1st.
[42:18.360 --> 42:24.360] Okay. And again, they have to have a complaint. They have to have something to charge you on.
[42:24.360 --> 42:30.360] Then they have to have some evidence to charge you with and to prove their case.
[42:30.360 --> 42:36.360] What do they have? They only have the audio and video from the stop.
[42:36.360 --> 42:37.360] Right.
[42:37.360 --> 42:42.360] But guess what's on that audio and video?
[42:42.360 --> 42:44.360] Right. The Percocet.
[42:44.360 --> 42:48.360] Exactly. So guess what you have to do?
[42:48.360 --> 42:50.360] I don't know at this point.
[42:50.360 --> 42:56.360] Motion to suppress evidence, illegal arrest, illegal search.
[42:56.360 --> 42:59.360] Motion to...
[42:59.360 --> 43:07.360] How would I go about finding the best lawyer? Would I want to get one in PA in that county or would I want to get one in where I live at?
[43:07.360 --> 43:11.360] Well, anytime the lawyer has to travel, guess who's paying for it?
[43:11.360 --> 43:12.360] Right.
[43:12.360 --> 43:17.360] And you need a lawyer familiar with the laws of the state and which you're going to court?
[43:17.360 --> 43:19.360] So it needs to be PA then.
[43:19.360 --> 43:21.360] It would be, yes.
[43:21.360 --> 43:27.360] And as far as finding the best one, just kick over rocks till the one that looks the slimy is crawls out.
[43:27.360 --> 43:29.360] Okay, so I want an evil bad deed.
[43:29.360 --> 43:37.360] You want the most crooked SOB on the planet to be your lawyer if he's actually going to fight.
[43:37.360 --> 43:39.360] Okay.
[43:39.360 --> 43:47.360] Thank you so much for your help and your traffic seminal, would that help me to be able to keep them under control in the courtroom if I need to...
[43:47.360 --> 43:52.360] No, because it doesn't deal with the courtroom issues specifically.
[43:52.360 --> 43:58.360] Alright, hang on, David. This is Rule of Law Radio. We're going to break. We'll be right back.
[44:00.360 --> 44:03.360] Are you the plaintiff or defendant in a lawsuit?
[44:03.360 --> 44:13.360] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course that will show you how in 24 hours,
[44:13.360 --> 44:18.360] step-by-step. If you have a lawyer, know what your lawyer should be doing.
[44:18.360 --> 44:22.360] If you don't have a lawyer, know what you should do for yourself.
[44:22.360 --> 44:27.360] Thousands have won with our step-by-step course, and now you can too.
[44:27.360 --> 44:33.360] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[44:33.360 --> 44:42.360] 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.
[44:42.360 --> 44:51.360] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[44:51.360 --> 45:01.360] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[45:01.360 --> 45:09.360] The Oklahoma City Bombing, top 10 reasons to question the official story, reason number one, John Doe number two, and other accomplices.
[45:09.360 --> 45:17.360] On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the Rider Truck report that he was accompanied by other perpetrators.
[45:17.360 --> 45:24.360] The FBI and federal prosecutors insist that Tim McVeigh alone delivered the Rider Truck bomb to the Murra Building and detonated it.
[45:24.360 --> 45:32.360] The only witness the government produced to place McVeigh at the building that morning, Dana Bradley, who lost her children in one of her legs in the bombing,
[45:32.360 --> 45:39.360] testified that she saw McVeigh with another man, the fable John Doe number two, exiting the Rider Truck.
[45:39.360 --> 45:50.360] While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing, no less than 226 witnesses placed him with other men in the days before the bombing,
[45:50.360 --> 45:57.360] including when he rented the Rider Truck, and in some cases have positively identified the other perpetrators.
[45:57.360 --> 46:16.360] For more information, please visit okcbombingtruth.com.
[46:16.360 --> 46:24.360] Hi, folks. We are back. This is Rural Law Radio. We are running out of phone callers here with David being the only one we have.
[46:24.360 --> 46:33.360] David, as far as the seminar goes, no, it will not help you specifically with anything other than understanding what transportation is and what it means.
[46:33.360 --> 46:44.360] Since you're arguing a license that you use for that purpose, the seminar is not specifically for you as far as determining whether you are or aren't a commercial driver.
[46:44.360 --> 46:50.360] You are. But at the time, you were in your private automobile, right?
[46:50.360 --> 46:55.360] Yes, sir. I was. So you weren't actually in commerce as a driver?
[46:55.360 --> 47:03.360] I've been hurt on the job and I've been out of work for over two months taking purpose in it.
[47:03.360 --> 47:12.360] The thing is that the seminar will teach you a lot about how to read and understand law no matter what state you're in.
[47:12.360 --> 47:25.360] And so you'll have a better grasp of what the statutes actually mean and say when you read them. But it's not going to help you when it comes to the courtroom procedures at all.
[47:25.360 --> 47:35.360] That's where you need to have the knowledge that a lawyer has on how to conduct a hearing or a trial and doing the proper paperwork.
[47:35.360 --> 47:45.360] Right. Do you have a suggestion on how I can locate the best flightless lawyer and, I mean, is there like key ways to find out in the county you don't live in?
[47:45.360 --> 47:51.360] Well, almost every state has a state bar referral service that's free.
[47:51.360 --> 47:52.360] Okay.
[47:52.360 --> 47:59.360] So just call information in that state and ask them, can you give me the number to the state bar referral service?
[47:59.360 --> 48:01.360] Okay.
[48:01.360 --> 48:12.360] Well, I appreciate it. And then they will give you a list of attorneys in a particular category of law and you can go down the list and find out what you need to find out.
[48:12.360 --> 48:20.360] Okay. So you're saying that one thing I definitely need to make sure the lawyer does is motion to suppress anything that would have to do with that.
[48:20.360 --> 48:24.360] Even though I have a doctor's prescription for it.
[48:24.360 --> 48:32.360] Well, if there's something in that prescription that tells you don't operate equipment while you're taking it, yeah.
[48:32.360 --> 48:33.360] Okay.
[48:33.360 --> 48:39.360] Okay, because that tells you right there that you weren't supposed to be in the car.
[48:39.360 --> 48:43.360] Okay. Okay.
[48:43.360 --> 48:53.360] Well, it's just amazing what a deer can, I mean, not that I'm blaming the deer necessarily, it's just an animal, but how that can, based on your circumstances in life, can affect so many things so quickly.
[48:53.360 --> 49:00.360] Well, they've affected a whole lot worse to the detriment of others, I guarantee you they've killed people where I'm from that have tried to miss them.
[49:00.360 --> 49:05.360] I got news for you. Deer is good eating. Hit the bastard. Excuse my language.
[49:05.360 --> 49:09.360] Yeah, but I have a really tiny car, metro, you know, I mean, so.
[49:09.360 --> 49:22.360] So lay down over the seat before you hit him, but swerving to miss anything in the road that's smaller than your car usually winds up being worse than hitting it.
[49:22.360 --> 49:30.360] Now, you're running into something that's taller than your car to a considerable degree or weighs just as much.
[49:30.360 --> 49:34.360] Well, then there ain't a whole lot of options. Avoid it if possible.
[49:34.360 --> 49:41.360] But you're lucky that by avoiding it, you didn't wind up in a head on collision with the other car and kill somebody or yourself.
[49:41.360 --> 49:46.360] Well, that's true. That's one thing I'm very fortunate that neither one of us got hurt at all.
[49:46.360 --> 49:54.360] I mean, I just, you know, I don't know. I just just bad timing, I guess, you know, or yes, and it all happened.
[49:54.360 --> 49:57.360] Okay. Well, that about covers what I can do for you.
[49:57.360 --> 50:00.360] All right. Thank you so much. I appreciate your help.
[50:00.360 --> 50:02.360] Yes, sir. Good luck.
[50:02.360 --> 50:04.360] Thanks. Bye bye.
[50:04.360 --> 50:08.360] All right. Now we're going to go to Tony in Illinois. Tony, what can we do for you?
[50:08.360 --> 50:10.360] How are you doing?
[50:10.360 --> 50:12.360] So far so good.
[50:12.360 --> 50:26.360] I don't know if that color will get back on the radio to hear this, but I just wanted to repeat for anybody who wants to get a DUI lawyer they need to hire one who has this specific training for DUI.
[50:26.360 --> 50:38.360] Otherwise, you're just going to pitch your money away and you can define one in your area by going to the website for the National College of DUI Defense.
[50:38.360 --> 50:48.360] And that is ncdb.com. That's Nancy, Charlie, danieldaniel.com.
[50:48.360 --> 50:56.360] Well, appreciate that very much. That'll be good info for him. So hopefully he's listening still and pick that up.
[50:56.360 --> 51:08.360] As far as notice in the traffic case, does it make much of a difference if the ticket can be used as a charging instrument?
[51:08.360 --> 51:10.360] What state are you in?
[51:10.360 --> 51:12.360] Illinois.
[51:12.360 --> 51:18.360] Does anything that's charging you with an offense in Illinois have to be signed and verified?
[51:18.360 --> 51:26.360] I don't know that has to be verified. Well, they can't be sworn if it's not verified.
[51:26.360 --> 51:32.360] I'm just going off her memory. I know that a ticket can be used for a charging instrument and I just couldn't permit that.
[51:32.360 --> 51:44.360] Okay, but that's what I'm asking you. The question here is, what are the requisites of a charging instrument and does the citation meet them despite any statutory exemption?
[51:44.360 --> 52:00.360] What's the problem? If the state is charging you criminally under a traffic citation, okay, then they are using an accusation that is not sworn to to be truthful if it's not required to be sworn.
[52:00.360 --> 52:02.360] Right.
[52:02.360 --> 52:24.360] Okay, in the case of a traffic citation, does it meet all of the criteria that the statute says a charging instrument must have and then does the requirement exist that such an instrument must be sworn to under oath or penalty of perjury or something of that nature?
[52:24.360 --> 52:30.360] The reason that's important is because of your right of due process.
[52:30.360 --> 52:36.360] The only certain people can verify signatures by law.
[52:36.360 --> 52:51.360] For instance, here in Texas, there are some municipalities that have tried to put everything on a traffic citation that is required to be in a criminal complaint in and by the name of the state of Texas against the peace and dignity of the state and everything in between.
[52:51.360 --> 53:05.360] The problem is, is that the peace officer signs it on the side of the road when there's no one around to verify it and then he goes back and some other police officer then verifies it.
[53:05.360 --> 53:09.360] That's completely outside the legality of the process.
[53:09.360 --> 53:24.360] Not to mention that here in Texas, the statutes do not allow another peace officer to be a verifier in a charging instrument for any case that's going to a justice or municipal court.
[53:24.360 --> 53:30.360] There's only a specific list of people that can verify that affiant signature.
[53:30.360 --> 53:46.360] So that's what you need to find out in your statutes is whether or not there are specific things that apply that contradict the perception of it's available as a charging instrument because they tried to do that here under 27.14D.
[53:46.360 --> 53:58.360] The problem is, is that statute flies in the face of the right of due process and the requirements of what a complaint must have and the requirements that the statement be sworn to.
[53:58.360 --> 54:05.360] So that one statute violates multiple others in order to do what it does.
[54:05.360 --> 54:10.360] So that's one way to defend against the action of them saying, yes, it can be used for that.
[54:10.360 --> 54:11.360] Well, no, it can.
[54:11.360 --> 54:13.360] Here's why.
[54:13.360 --> 54:15.360] Yeah, I'll have to look that up again.
[54:15.360 --> 54:16.360] It's been a while.
[54:16.360 --> 54:29.360] I did discover a rule that those in Illinois can use to get off on a technicality. I discovered it on a lawyer's website at Supreme Court Rule 504.
[54:29.360 --> 54:44.360] I don't know how useful it will be, but that particular rule requires that your appearance day be between 14 and 60 days from the date of the ticket.
[54:44.360 --> 54:51.360] And I did look at the last ticket I got, which was a few years ago before I discovered all this.
[54:51.360 --> 54:54.360] And it was, I think it was 13 days.
[54:54.360 --> 55:01.360] So I could have gotten off that a little easier, but I don't know how common that would be.
[55:01.360 --> 55:10.360] Someone would be able to use that, but it's Supreme Court Rule 504 if anybody wants to look that up.
[55:10.360 --> 55:19.360] And I'd given two websites for California, and I had forgotten the third one, I believe.
[55:19.360 --> 55:29.360] But the three are TicketAssassin, I think that's.com, HelpIgotaticket.com, and HighwayRobbery.net.
[55:29.360 --> 55:34.360] Of course, that doesn't nullify your advice regarding the notice or anything like that.
[55:34.360 --> 55:40.360] And I don't know that you say don't go to the facts, and some of this goes to the facts.
[55:40.360 --> 55:44.360] So that might not necessarily be the right thing to do.
[55:44.360 --> 56:03.360] But if someone's out of state person got a ticket in California, do you think it would be advantageous to use the trial by declaration?
[56:03.360 --> 56:05.360] It's entirely possible.
[56:05.360 --> 56:09.360] Yeah, their process does allow for that.
[56:09.360 --> 56:18.360] And it would really, I would research and try to find out how many of those are actually thrown by the wayside versus adjudicated.
[56:18.360 --> 56:30.360] From what I've seen, though, out of the California statutes, the only way that that can be done is because the cases in California are civil, they're not criminal.
[56:30.360 --> 56:33.360] They're not trying to treat them like that.
[56:33.360 --> 56:38.360] Yet the statutes on it specifically show it comes out as a civil case.
[56:38.360 --> 56:43.360] So trial by declaration is only going to apply in those types of cases.
[56:43.360 --> 56:55.360] But either way, I would do research first and find out what the win-win rate is or win-lose rate is for those types of cases before I'd rely on it as the fail-safe method.
[56:55.360 --> 57:03.360] And California gives me the impression that they try to make it so it's neither criminal nor civil.
[57:03.360 --> 57:08.360] Yeah, but that would make it entirely administrative and now they have a new problem.
[57:08.360 --> 57:13.360] How does Joe Public fall under the administrative purview of anybody?
[57:13.360 --> 57:15.360] Right.
[57:15.360 --> 57:17.360] It can't fall under the municipality.
[57:17.360 --> 57:18.360] It's a corporation.
[57:18.360 --> 57:20.360] Joe Public doesn't work for the corporation.
[57:20.360 --> 57:31.360] Therefore, they're not under their administrative purview nor are they a corporation or a regulated entity within the municipality that they have authority over.
[57:31.360 --> 57:35.360] So again, what's their purview for doing so?
[57:35.360 --> 57:40.360] They have all kinds of problems that they take it to the administrative realm.
[57:40.360 --> 58:00.360] And if it's declared by legislative enactment or by an administrative determination that you're guilty of anything that assesses a penalty, then that's a bill of attainer or a bill of pains and penalties, both of which are illegal.
[58:00.360 --> 58:05.360] Is Randy involved with that lawful case out in California?
[58:05.360 --> 58:07.360] With that what case?
[58:07.360 --> 58:10.360] The lawful case with a guy from Raw Milk.
[58:10.360 --> 58:13.360] I remember him talking about something in California.
[58:13.360 --> 58:18.360] I don't think he's involved in it, but then again, he don't talk to us a whole lot unless we've got him on the show.
[58:18.360 --> 58:20.360] He's always wrapped up in other things.
[58:20.360 --> 58:25.360] And helping out the people involved in that sort of case, but he's never said who it was.
[58:25.360 --> 58:27.360] Yeah.
[58:27.360 --> 58:31.360] I don't know, but I definitely like to see that end right now.
[58:31.360 --> 58:36.360] I grew up on Raw Milk and I'll toad its qualities to anybody.
[58:36.360 --> 58:38.360] All right, Tony, anything else?
[58:38.360 --> 58:39.360] No, I'll take this.
[58:39.360 --> 58:41.360] All right, man, thanks for calling.
[58:41.360 --> 58:43.360] All right, this is Rule of Law Radio.
[58:43.360 --> 58:44.360] Wayne, I see you there on the board.
[58:44.360 --> 58:46.360] Hang on, we'll get you after this break.
[58:46.360 --> 58:47.360] This is our top of the hour break.
[58:47.360 --> 58:48.360] We've got an hour left to go.
[58:48.360 --> 58:52.360] 512-646-1984 is the call-in number.
[58:52.360 --> 58:54.360] Give us a call, folks.
[58:54.360 --> 58:57.360] Don't leave us hanging when nothing to talk about or anybody to talk to.
[58:57.360 --> 58:59.360] We'll see you in just a minute.
[59:00.360 --> 59:04.360] Would you like to make more definite progress in your walk with God?
[59:04.360 --> 59:11.360] Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:11.360 --> 59:16.360] The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:16.360 --> 59:23.360] 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.
[59:23.360 --> 59:28.360] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:28.360 --> 59:37.360] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:37.360 --> 59:50.360] To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:50.360 --> 59:59.360] That's 888-551-0102. Or visit us online at bfa.org.
[59:59.360 --> 01:00:04.360] This news brief brought to you by the International News Network.
[01:00:04.360 --> 01:00:14.360] U.S. military prosecutors claim Thursday private Bradley Manning aided Al Qaeda in the Arabian Peninsula by leaking troves of classified information to WikiLeaks.
[01:00:14.360 --> 01:00:24.360] However, military prosecutors Ashton Fine refuse to say exactly how Manning aided Al Qaeda, saying the State Department has not completed its damage assessment.
[01:00:24.360 --> 01:00:33.360] Emails revealed by the UK Guardian this week show Syrian President Bashar al-Assad and his ruling circle were blasé about the uprising.
[01:00:33.360 --> 01:00:45.360] The Guardian's website was blocked in much of Syria Thursday, and the Pan-Arab satellite channel Ari-Arabia, which also obtained the leaked emails, reported significant interference with its transmission.
[01:00:45.360 --> 01:00:50.360] The UN estimates 8,000 Syrians have died since the uprising began a year ago.
[01:00:50.360 --> 01:01:08.360] The UK Guardian Friday disclosed emails from the British Syrian Society's co-chair Dr. Farwas Akras by Bashar al-Assad's father-in-law, in which he offers advice on how the regime should spin its suppression of the uprising, which has caused the deaths of at least 8,000 people.
[01:01:08.360 --> 01:01:31.360] Bain Capital, the private equity firm founded by presidential candidate Mitt Romney, is selling high-tech surveillance equipment to China. In December, a Bain-run fund in which a Romney family blind trust has holdings purchased a video surveillance division of a Chinese company that claims to be the largest supplier to the government's safe cities program,
[01:01:31.360 --> 01:01:39.360] an advanced monitoring system that enables the authorities to watch over university campuses, hospitals, mosques and movie theaters.
[01:01:39.360 --> 01:01:50.360] The company Uniview Technologies produces infrared anti-riot cameras and software that enable police and different jurisdictions to share images through the Internet.
[01:01:50.360 --> 01:02:02.360] Previous projects have included an emergency command center in Tibet that, quote, provides a solid foundation for the maintenance of social stability and the protection of people's peaceful lives.
[01:02:02.360 --> 01:02:25.360] The main contractor that ran the scandal-plagued city-time payroll project for New York City will pay over $500 million to resolve a federal criminal investigation. The contractor, Science Applications International, agreed to pay the city restitution of $370 million, plus $130 million penalty for its role,
[01:02:25.360 --> 01:02:34.360] and what the U.S. Attorney, Peter Barrara, called, quote, one of the largest and most brazen frauds ever committed against the city of New York.
[01:02:34.360 --> 01:02:44.360] The project, designed to electronically keep tabs on city employees, began over a decade ago under Mayor Rudolph Giuliani and was budgeted at $63 million,
[01:02:44.360 --> 01:02:55.360] but it mushroomed during Mayor Michael Bloomberg's tenure as Science International paid huge salaries to hundreds of outside consultants awarding bogus contracts.
[01:02:55.360 --> 01:03:15.360] Taxpayers ended up paying $740 million.
[01:03:15.360 --> 01:03:25.360] It's all according to the will of the Almighty.
[01:03:25.360 --> 01:03:35.360] Hi, folks. We are back. This is Rule of Law Radio. The calling number is 512-646-984. We have Wayne and Gene on the board. We're going to go to Wayne.
[01:03:35.360 --> 01:03:36.360] Wayne, what can we do for you?
[01:03:36.360 --> 01:03:38.360] Well, good evening, lady.
[01:03:38.360 --> 01:03:39.360] Good evening.
[01:03:39.360 --> 01:03:51.360] Currently at Texas Regiment, I recently traveled back in a classic automobile. I actually owned it. It was paid for. I had a road trip permit with this vehicle. It's now expired.
[01:03:51.360 --> 01:04:00.360] And what I really want to ask you is, what am I facing if I'm pulled over with this holiday trip permit? In other words, I have not registered. I do not have an instruction.
[01:04:00.360 --> 01:04:04.360] And I'm thinking about just keeping it that way to be quite frank with you.
[01:04:04.360 --> 01:04:06.360] How old is the car?
[01:04:06.360 --> 01:04:09.360] 1984.
[01:04:09.360 --> 01:04:27.360] Okay, so it's more than 20 years old, which makes it a classic car under Texas law. Texas law specifically exempts cars that are used to travel to and from auto shows and other public events in which it is to be displayed.
[01:04:27.360 --> 01:04:41.360] So there's actually, it's exempt from inspection and several other things. You may want to check the transportation code on that. However, that's if you wish to be under the transportation code to begin with.
[01:04:41.360 --> 01:04:49.360] But at least it's nice to know that anything in excess of 20 years old is specifically exempted from most things anyway.
[01:04:49.360 --> 01:04:51.360] Well, how nice of them.
[01:04:51.360 --> 01:04:52.360] Okay.
[01:04:52.360 --> 01:04:55.360] By any chance, do you want a speakerphone or anything?
[01:04:55.360 --> 01:04:58.360] No, sir. Can you hear me better now?
[01:04:58.360 --> 01:05:00.360] Yeah, a little bit better.
[01:05:00.360 --> 01:05:02.360] Okay.
[01:05:02.360 --> 01:05:10.360] All right, so the real question is, is do you know enough and do you want to deal with the fight that's going to follow?
[01:05:10.360 --> 01:05:18.360] The answer to the first question is probably I don't know enough, but I do have to fight in me, but not the financial wherewithal.
[01:05:18.360 --> 01:05:30.360] Well, I guess it really depends on what you mean by the financial wherewithal. I'm not exactly rolling in dough here, but I believe my rights are worth a lot more than what they can take from me financially.
[01:05:30.360 --> 01:05:41.360] Amen. I just want to let you know that I think if they did throw my car for whatever reason, if I did not pull over after listening to your show and the proper practice, you know, I'm afraid that they would throw my car.
[01:05:41.360 --> 01:05:48.360] And I would really be hurting just to come up with those funds to even get my car back to even start that process.
[01:05:48.360 --> 01:05:56.360] Well, if they tow the car and they're not impounding the car for use as evidence, that's theft.
[01:05:56.360 --> 01:06:02.360] Okay. And actuality, it's aggravated robbery because they're wearing guns.
[01:06:02.360 --> 01:06:04.360] Gotcha. Intimidation.
[01:06:04.360 --> 01:06:13.360] Criminal offense, Eddie, if I am pulled over. Everything in the transportation code except for red light camera tickets is considered a criminal offense.
[01:06:13.360 --> 01:06:28.360] Wow, that's quite unfair. In other words, if I get pulled over and they've seen that now, and I kind of, well, I'm going to keep my mouth shut to begin with because I need to see the expired tag on the trip permit.
[01:06:28.360 --> 01:06:35.360] You know, I really feel like I can't defend myself anyway because if I tell them anything, it really doesn't matter because they really just want to write this ticket anyway.
[01:06:35.360 --> 01:06:37.360] You know, it just moves me up is what I'm thinking.
[01:06:37.360 --> 01:06:48.360] Well, you always, you can always get your hands on the traffic seminar that will tell you exactly what the transportation code is and how it applies and how it doesn't apply to you.
[01:06:48.360 --> 01:06:56.360] It also includes the court documents we use to fight these individual cases as they come up.
[01:06:56.360 --> 01:06:57.360] Gotcha.
[01:06:57.360 --> 01:07:07.360] Yes, would you know if I would be technically putting jail for doing this? I mean, that's what really has my concern the most.
[01:07:07.360 --> 01:07:16.360] They can't keep you in jail, but yeah, there is the possibility they'll arrest you and take you to jail, though they are not supposed to do that.
[01:07:16.360 --> 01:07:18.360] I understand you're listening to that.
[01:07:18.360 --> 01:07:28.360] Yeah, the issue here is whether or not you want to let them do something stupid so that you can sue the living tar out of them and you don't have to worry so much about money.
[01:07:28.360 --> 01:07:29.360] Gotcha.
[01:07:29.360 --> 01:07:35.360] Well, I think I'm just going to do that then because I hate to be rude about this.
[01:07:35.360 --> 01:07:36.360] I'm tired of all this tyranny.
[01:07:36.360 --> 01:07:40.360] He can't even blow your nose anymore without breaking a law.
[01:07:40.360 --> 01:07:44.360] We're just being so trampled upon every...
[01:07:44.360 --> 01:07:49.360] Well, they really don't like it when you use their sleeve to blow your nose on.
[01:07:49.360 --> 01:07:53.360] Very well said, very well said.
[01:07:53.360 --> 01:08:04.360] Well, I pretty much answered my questions and again, I just don't know enough, but I know enough to call you and kind of see that maybe I would have a fighting chance.
[01:08:04.360 --> 01:08:14.360] But again, I kind of feel better that my car is towed off and I would have a theft issue there because I was afraid if I was pulled over the car...
[01:08:14.360 --> 01:08:25.360] Let's say I wasn't off the road for whatever reason, like you instruct people to do in a private parking lot, if they did tow it, you know, that's still hundreds of dollars and it would really be a burden to come up with that.
[01:08:25.360 --> 01:08:31.360] And then whatever the cost of the ticket and whatever might be your ticket.
[01:08:31.360 --> 01:08:36.360] You only have to worry about the cost of the ticket if you lose on the appeal.
[01:08:36.360 --> 01:08:37.360] Gotcha.
[01:08:37.360 --> 01:08:44.360] And if you argue the case and defend it properly in the trial court, you're not going to lose it on the appeal.
[01:08:44.360 --> 01:08:51.360] That's part of what we teach in the class here in Austin on Sundays is how to take the issue to court and fight it.
[01:08:51.360 --> 01:08:52.360] What is the charge of the course again?
[01:08:52.360 --> 01:08:55.360] Three something?
[01:08:55.360 --> 01:08:57.360] The course is $250.
[01:08:57.360 --> 01:08:59.360] $250, got you, got you.
[01:08:59.360 --> 01:09:07.360] You helped me out a lot. I don't want to take up the rest of the other callers' times, but I certainly appreciate your thoroughness and your gentleness on this.
[01:09:07.360 --> 01:09:12.360] I know you've been doing this for many years and I'm a pretty loyal listener, but thank you again for your time.
[01:09:12.360 --> 01:09:13.360] Yes, sir.
[01:09:13.360 --> 01:09:14.360] Thanks for calling in.
[01:09:14.360 --> 01:09:15.360] Greatly appreciate it.
[01:09:15.360 --> 01:09:16.360] You bet.
[01:09:16.360 --> 01:09:17.360] Bye-bye.
[01:09:17.360 --> 01:09:18.360] All right.
[01:09:18.360 --> 01:09:19.360] We have Gene in Georgia.
[01:09:19.360 --> 01:09:23.360] Steven, I see you there as well, so please hang on and we'll get to you next.
[01:09:23.360 --> 01:09:25.360] Gene, what can we do for you?
[01:09:25.360 --> 01:09:27.360] Hi, Eddie.
[01:09:27.360 --> 01:09:39.360] Have you guys heard about this judge in Berkinshire in the UK getting arrested about a year ago for treason and contempt of court for not producing his oath of office?
[01:09:39.360 --> 01:09:42.360] No, I haven't heard about it.
[01:09:42.360 --> 01:09:51.360] Unless you're talking about some of those YouTube videos I've seen, but I've never heard of anything coming back to bite the judge for running off the bench.
[01:09:51.360 --> 01:09:53.360] But what's the information?
[01:09:53.360 --> 01:10:00.360] Well, there's about three or four people that posted it because the UK is trying to ban the YouTube video.
[01:10:00.360 --> 01:10:03.360] One of them is put up there by William Wagoner.
[01:10:03.360 --> 01:10:08.360] The Wagoner is spelled W-A-G-E-N-E-R.
[01:10:08.360 --> 01:10:13.360] The title of it is Judge Arrested for Treason by We the People in His Court.
[01:10:13.360 --> 01:10:28.360] I'm not sure if they had a grand jury produce a true bill of indictment or where the grand jury was one of their grand juries or one of the common law grand juries, but they did apparently affect an arrest.
[01:10:28.360 --> 01:10:32.360] Spell is last name again, William Wagoner?
[01:10:32.360 --> 01:10:46.360] Yes, Wagoner is W-A-G-E-N-E-R, and it happened on March 7th of 2011, and it's a very, very interesting video.
[01:10:46.360 --> 01:10:50.360] So apparently they've been listening to rule of law radio.
[01:10:50.360 --> 01:10:52.360] Well, actually, that wouldn't surprise me.
[01:10:52.360 --> 01:10:58.360] We have reports of people from all over the world, New Zealand, Ireland, for instance.
[01:10:58.360 --> 01:11:01.360] I've actually gotten fan mail from Ireland.
[01:11:01.360 --> 01:11:10.360] So we do have a listorship worldwide, believe it or not, and we did have that lady in London that we helped beat the cops.
[01:11:10.360 --> 01:11:17.360] We actually helped her sue the police in her town for falsely arresting her and charging her with drug possession.
[01:11:17.360 --> 01:11:24.360] Knowing that it was a lie, we helped her sue them, and she actually got a nice settlement out of about $7,500.
[01:11:24.360 --> 01:11:43.360] Yeah, Jean, I think I know what you're talking about. If this was a situation where the people just decided to take it upon themselves to invoke and execute a citizen's arrest that was not based on any law or statute,
[01:11:43.360 --> 01:11:48.360] we did talk about that, and we did say that we don't advocate that sort of thing.
[01:11:48.360 --> 01:12:02.360] So if they were listening to rule of law, they did not do that at our behest because we certainly do not advocate people to just take the law into their own hands and just decide that they're going to go grab a judge off the bench
[01:12:02.360 --> 01:12:11.360] and just perform some kind of citizen's arrest when there's no warrant or any kind of indictment or anything.
[01:12:11.360 --> 01:12:22.360] I mean, basically it was a kidnapping what they did. They just went in there and grabbed him and took him out off the bench, and it was basically almost like a riot scene,
[01:12:22.360 --> 01:12:30.360] and the police had to come in and break it up and rescue the judge and arrest a bunch of the people that had assaulted this guy, this judge.
[01:12:30.360 --> 01:12:37.360] So no, we don't advocate that sort of thing. If that's the incident that you were talking about, but I do remember something like that happening.
[01:12:37.360 --> 01:12:43.360] Yeah, that's the one. Yeah, we don't advocate that sort of thing at all.
[01:12:43.360 --> 01:12:49.360] That's a very interesting video, though. Maybe they can do it right next time.
[01:12:49.360 --> 01:13:08.360] Well, we advocate due process here, and that goes for everybody, even corrupt judges, because if we just go around and just kidnapping people like that, then we're no better than the bad guys.
[01:13:08.360 --> 01:13:13.360] If people are going to do something, they have to do it the right way.
[01:13:13.360 --> 01:13:19.360] So in other words, even if they had their own grand jury, you wouldn't record.
[01:13:19.360 --> 01:13:26.360] What does having your own grand jury mean? I mean, if it's not according to statute, it carries no force and effect in law.
[01:13:26.360 --> 01:13:37.360] That's something that we've talked about on this show many times. That's actually something that I've researched thoroughly before I even started doing this radio show several years ago,
[01:13:37.360 --> 01:13:50.360] because I was involved, and I still am, in the 9-11 Truth Movement, and I heard about all these so-called citizen's grand juries of going to hold these hearings and hand down indictments,
[01:13:50.360 --> 01:14:04.360] and there was even a so-called 9-11 citizen's grand jury that gave some sort of quote-unquote indictment to Elliot Spitzer, who was the attorney general of the state of New York at the time, and he totally ignored it.
[01:14:04.360 --> 01:14:09.360] Well, of course he's going to ignore it. It carries no force and effect in law.
[01:14:09.360 --> 01:14:18.360] People can't just go around saying, okay, we're going to get a group of people together, and we're going to be a grand jury now, and we're going to have this indictment,
[01:14:18.360 --> 01:14:29.360] and we're going to go initiate some kind of citizen's arrest in a tribe in our own common law court that has no factual basis in statute whatsoever,
[01:14:29.360 --> 01:14:33.360] and there's no way that we're ever going to endorse anything like that.
[01:14:33.360 --> 01:14:39.360] We don't need to be forming our own bogus grand juries, okay?
[01:14:39.360 --> 01:14:49.360] We have plenty of power in the grand juries that are proper and properly statutorily formed in the court system right now.
[01:14:49.360 --> 01:14:58.360] We just need to educate the grand jurors as to the power that they have, and there's a lot of different ideas on that sort of thing.
[01:14:58.360 --> 01:15:06.360] I remember Wendy in Tennessee, she used to, on the morning of the impaneling of a grand jury, usually they change over every three or four months or six months.
[01:15:06.360 --> 01:15:14.360] You go down to the courthouse, you dress up in a suit, she's out on the sidewalk, and as people are walking in, she'll be like, are you here for the grand jury impaneling?
[01:15:14.360 --> 01:15:24.360] Here, I've got an information packet for you, and it's full of information on the rights of the grand jurors and how they're supposed to be at odds with the prosecutor
[01:15:24.360 --> 01:15:35.360] and how they can kick the prosecutor out of the room and all this sort of thing and accept, you know, hear criminal charges presented to them by citizens and this sort of thing.
[01:15:35.360 --> 01:15:40.360] We have all the power we need in statutorily proper grand juries.
[01:15:40.360 --> 01:15:43.360] We just need to educate them, that's all.
[01:15:43.360 --> 01:15:52.360] But this nonsense of people just going around and saying, we're our own grand jury now and here's an indictment and let's go get this guy and drag him off the bench, that's complete nonsense.
[01:15:52.360 --> 01:15:55.360] It's totally ridiculous and we do not advocate that sort of thing at all.
[01:15:55.360 --> 01:15:57.360] Well, I understand that position.
[01:15:57.360 --> 01:16:02.360] I tend to agree with that, but also I would also say that they're rigging the grand juries.
[01:16:02.360 --> 01:16:03.360] They're using the same people.
[01:16:03.360 --> 01:16:04.360] Well, of course they are.
[01:16:04.360 --> 01:16:07.360] That's why we have to educate them ourselves.
[01:16:07.360 --> 01:16:10.360] That's why we have to run PSAs on the radio.
[01:16:10.360 --> 01:16:15.360] That's why we have to get involved in some of these grand juror groups.
[01:16:15.360 --> 01:16:21.360] I mean, these, you know, educating jurors groups, jurors rights organizations.
[01:16:21.360 --> 01:16:27.360] We've got to go down to the courthouse and pass out pamphlets on our own, all this sort of thing.
[01:16:27.360 --> 01:16:40.360] We've got to get to them ourselves and educate them so that when they get the propaganda indoctrination by the judges and the prosecutors, then they won't be so affected by it.
[01:16:40.360 --> 01:16:41.360] All right.
[01:16:41.360 --> 01:16:42.360] Thank you, Jean.
[01:16:42.360 --> 01:16:43.360] We appreciate that.
[01:16:43.360 --> 01:16:44.360] You're welcome.
[01:16:44.360 --> 01:16:45.360] Okay.
[01:16:45.360 --> 01:16:46.360] All right, folks, we'll be right back after this break.
[01:16:46.360 --> 01:16:51.360] We've got Stephen in Texas and folks who'd like to call in and ask his question or make a comment.
[01:16:51.360 --> 01:16:54.360] That's 512-646-1984.
[01:16:54.360 --> 01:16:56.360] We'll be right back.
[01:16:56.360 --> 01:17:07.360] Capital Coin & Bullion is a family-owned business built on the promise to bring you affordable pricing on all coin and bullion products.
[01:17:07.360 --> 01:17:13.360] In addition to coins and bullion, we now offer storeable freeze-dried foods produced by Augustin Farms.
[01:17:13.360 --> 01:17:20.360] Ammunition at 10% above wholesale prices, Berkey water products, gift certificates, and our Silver Pool.
[01:17:20.360 --> 01:17:24.360] A new way to guarantee silver by prepaying at a locked price.
[01:17:24.360 --> 01:17:27.360] We can even help you set up a metals IRA account.
[01:17:27.360 --> 01:17:31.360] Call us at 512-646-6440 for more details.
[01:17:31.360 --> 01:17:39.360] As always, we buy, sell, and trade precious metals, give appraisals, and cater to those with all sizes of coin collections.
[01:17:39.360 --> 01:17:47.360] We're located at 7304 Burnett Road, Suite A, about half a mile north of Canig next to the Ikebond Sushi and Genie Car Wash.
[01:17:47.360 --> 01:17:51.360] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2.
[01:17:51.360 --> 01:18:00.360] Visit us at capitalcoinandbullion.com or call 512-646-6440 and say you heard about us on Rule of Law Radio or Texas Liberty Radio.
[01:18:00.360 --> 01:18:03.360] What's been the problem with phone companies?
[01:18:03.360 --> 01:18:09.360] We buy prices and contracts that lock you in for two years minimum, not freedomtelephones.com.
[01:18:09.360 --> 01:18:15.360] Freedom telephones are designed around the concept and reality of patriotism, loyalty, and privacy.
[01:18:15.360 --> 01:18:21.360] With freedomtelephones.com, there are no contracts, no credit checks, and no social security numbers required.
[01:18:21.360 --> 01:18:24.360] That's why our name is FreedomTelephones.com.
[01:18:24.360 --> 01:18:31.360] Finally, residential, mobile, and business telephones and plans that are private and never lock you into a long-term contract.
[01:18:31.360 --> 01:18:38.360] When a low price, residential, and business plans started only $14.99 and mobile plans started just $39.99.
[01:18:38.360 --> 01:18:43.360] Plus, every month you pay your bill, freedomtelephones.com contributes to your favorite programs.
[01:18:43.360 --> 01:18:52.360] Don't wait. Support the cause and get the highest quality and the lowest prices by calling 1-800-600-5553.
[01:18:52.360 --> 01:19:02.360] That's 800-600-5553. Freedomtelephones.com. Portable, private, perfect.
[01:19:22.360 --> 01:19:25.360] We are back. This is rule of law radio.
[01:19:25.360 --> 01:19:30.360] Calling number 512-646-984. We've got about 45 minutes left in the show.
[01:19:30.360 --> 01:19:34.360] Steve, Fred, and Dale are on the board. Steve, what can we do for you?
[01:19:34.360 --> 01:19:42.360] Yes, sir. I just want to mention here real quick, I got a chance that I didn't have much to donate,
[01:19:42.360 --> 01:19:47.360] but I'll be trying to make some continuous donations in your never-ending quest.
[01:19:47.360 --> 01:19:56.360] I'll start here about what you like with the tow truck companies and the low-racketeering markets they've got.
[01:19:56.360 --> 01:20:02.360] Anyways, getting back to the reason for the call, I had a question more on land
[01:20:02.360 --> 01:20:07.360] and the little fight with the appraiser that I've got going on up there in Hill County,
[01:20:07.360 --> 01:20:12.360] being out of Hillsboro up in Texas.
[01:20:12.360 --> 01:20:19.360] I ended up getting them. I did get the little letters sent to them before the so-called deadline
[01:20:19.360 --> 01:20:26.360] for your taxes being due if you feel that you're a personal property and that you should be taxed.
[01:20:26.360 --> 01:20:30.360] I got one making my demands, all the stuff that I supposedly have the right to have,
[01:20:30.360 --> 01:20:36.360] plus that little sign appraisal that we'd had the conversation about,
[01:20:36.360 --> 01:20:41.360] which of course they wouldn't have, and of course they never sent one.
[01:20:41.360 --> 01:20:45.360] It triggered a few things.
[01:20:45.360 --> 01:20:51.360] The first thing that it triggered is that the first working day of the year, right there on January 3rd,
[01:20:51.360 --> 01:20:56.360] the fella happened to come by. This is the chief appraiser for the county.
[01:20:56.360 --> 01:21:03.360] He came by and my house happened to be open there in town. I don't live in it. It's being worked on.
[01:21:03.360 --> 01:21:05.360] The guy had the door open.
[01:21:05.360 --> 01:21:10.360] The fella not only came up there and took pictures all around the exterior of the house,
[01:21:10.360 --> 01:21:13.360] but he came in the know. He's just here to take pictures too from the street.
[01:21:13.360 --> 01:21:17.360] Nobody's actually watching him really, but took pictures all around the exterior,
[01:21:17.360 --> 01:21:22.360] which means he got in the yard, he got a nice little picture of my private property sign too.
[01:21:22.360 --> 01:21:25.360] All in the backyard, all the way around. Then he went inside.
[01:21:25.360 --> 01:21:27.360] He sent you copies of these pictures?
[01:21:27.360 --> 01:21:30.360] He darn sure did. I've got beautiful copies.
[01:21:30.360 --> 01:21:34.360] Good. Now go down and press criminal charges for trespass.
[01:21:34.360 --> 01:21:40.360] Here's where I was going. How about breaking in? Is that another one?
[01:21:40.360 --> 01:21:44.360] Because I know where criminal trespass is in the penal code, but it's breaking and entering.
[01:21:44.360 --> 01:21:47.360] It's unlawful entry. He didn't break in. He didn't break in.
[01:21:47.360 --> 01:21:48.360] Okay, unlawful entry.
[01:21:48.360 --> 01:21:52.360] But it's criminal trespass and unlawful entry.
[01:21:52.360 --> 01:21:53.360] Okay.
[01:21:53.360 --> 01:21:58.360] He had no right or business to step onto private property.
[01:21:58.360 --> 01:22:00.360] There we go.
[01:22:00.360 --> 01:22:07.360] He finally got around to sending me those after they argued with me.
[01:22:07.360 --> 01:22:09.360] Well, we don't know what you're talking about by mail.
[01:22:09.360 --> 01:22:12.360] I've made sure that I wanted everything by mail.
[01:22:12.360 --> 01:22:15.360] I've never called them. They want to call them.
[01:22:15.360 --> 01:22:20.360] But again, he finally ended up sending me that after admitting that they don't have any such thing
[01:22:20.360 --> 01:22:29.360] and that they use a mass appraisal method, which is all they could admit to.
[01:22:29.360 --> 01:22:34.360] So not only does he send me that in the mail admitting to the fact that, oh, well, you know,
[01:22:34.360 --> 01:22:40.360] now that we see your house isn't exactly what we thought that it was and we're willing to negotiate.
[01:22:40.360 --> 01:22:47.360] So he sends me a marked up statement now.
[01:22:47.360 --> 01:22:51.360] Is it signed under oath?
[01:22:51.360 --> 01:22:53.360] Oh, of course not.
[01:22:53.360 --> 01:22:55.360] Then it's not a statement of anything.
[01:22:55.360 --> 01:23:03.360] No, it's just his hand scratch and he slashed all down real low all of a sudden.
[01:23:03.360 --> 01:23:05.360] We can see you're obviously renovated.
[01:23:05.360 --> 01:23:08.360] The house is a little deteriorated or something.
[01:23:08.360 --> 01:23:16.360] And so then, not only that, they sent me a corrected 2011 statement.
[01:23:16.360 --> 01:23:19.360] So now I'm looking to send them one right now.
[01:23:19.360 --> 01:23:25.360] Is it not OK for me now to demand that you have absolutely no proof that I'm personal property?
[01:23:25.360 --> 01:23:30.360] So if you can't come up with some kind of evidence that I'm personal property,
[01:23:30.360 --> 01:23:38.360] I demand that I be moved from the personal property, the taxable rolls to the private land, private property.
[01:23:38.360 --> 01:23:41.360] You can make the argument.
[01:23:41.360 --> 01:23:42.360] OK?
[01:23:42.360 --> 01:23:45.360] I see some problems out in play.
[01:23:45.360 --> 01:23:50.360] Yeah, you need to make the argument that this is private property.
[01:23:50.360 --> 01:23:56.360] You can even go and get a hearing from a judge that declares that your property is private.
[01:23:56.360 --> 01:23:57.360] OK?
[01:23:57.360 --> 01:24:05.360] In which case it's not personal property or what they call real estate or real property.
[01:24:05.360 --> 01:24:09.360] Real estate and real property is commercial property.
[01:24:09.360 --> 01:24:10.360] It's not private property.
[01:24:10.360 --> 01:24:13.360] It's not the same thing at all.
[01:24:13.360 --> 01:24:14.360] OK?
[01:24:14.360 --> 01:24:24.360] So they can't tax your private property because all they have to do to steal it is set the tax to how you can't pay it, then it's theirs.
[01:24:24.360 --> 01:24:25.360] Right.
[01:24:25.360 --> 01:24:28.360] That's exactly why they're forbidden from taxing private property.
[01:24:28.360 --> 01:24:35.360] Well, plus it makes me subject to all these other wonderful little statutes because it assumes that I'm still out there.
[01:24:35.360 --> 01:24:36.360] Exactly.
[01:24:36.360 --> 01:24:39.360] Your taxes are paying for services you neither want nor need.
[01:24:39.360 --> 01:24:49.360] That's where I was going because this is also me trying to get that house repaired and renovated, which is another conversation I've had with John Fasten.
[01:24:49.360 --> 01:24:52.360] Yeah, well, they want you to get those permits and all this other crap.
[01:24:52.360 --> 01:24:58.360] Well, if they're not providing you with any services, then you don't need to get their permits.
[01:24:58.360 --> 01:24:59.360] Right.
[01:24:59.360 --> 01:25:06.360] No, I've got some of Randy's blank criminal complaints now.
[01:25:06.360 --> 01:25:15.360] And I've got my wonderful little Texas penal code and a traffic law book over here.
[01:25:15.360 --> 01:25:21.360] And I'm looking at Article 45 on the criminal complaints where you've taught me to look.
[01:25:21.360 --> 01:25:22.360] No.
[01:25:22.360 --> 01:25:24.360] Well, now that's for justice and municipal courts.
[01:25:24.360 --> 01:25:31.360] I would use that format because it's more detailed and thorough than the one that's in 15.
[01:25:31.360 --> 01:25:38.360] 15.05, I believe it is, has the requisites for an actual criminal complaint in all the other courts.
[01:25:38.360 --> 01:25:50.360] The one that's in 45 is specific to justice and municipal, but it's far more detailed and has everything that's in 15 anyway and more.
[01:25:50.360 --> 01:25:56.360] Well, it was saying that it needed to be sworn to before any officer authorized to administer oaths.
[01:25:56.360 --> 01:26:04.360] And my question was, what code would that be located in that I could learn who's actually authorized to administer oaths?
[01:26:04.360 --> 01:26:11.360] Well, there's a list there in Chapter 45 in the same section under 45.019, requisites of a complaint.
[01:26:11.360 --> 01:26:18.360] The bottom section tells you who that complaint can be sworn before in a municipal or justice court.
[01:26:18.360 --> 01:26:27.360] The other one can be sworn to before a notary, any magistrate or the prosecuting attorney for the county or the district attorney.
[01:26:27.360 --> 01:26:33.360] And I want to take this up as being on the land though, not within the municipality, wouldn't I?
[01:26:33.360 --> 01:26:37.360] Well, it's out of the jurisdiction of the municipality anyway.
[01:26:37.360 --> 01:26:40.360] They can only preside over cases that are fine only.
[01:26:40.360 --> 01:26:42.360] Criminal trespass is not fine only.
[01:26:42.360 --> 01:26:43.360] Gotcha.
[01:26:43.360 --> 01:26:45.360] That's where I was going.
[01:26:45.360 --> 01:26:54.360] You would take it to the county court and file it with the judge of the county court who's not going to want to take it.
[01:26:54.360 --> 01:27:00.360] And then you get the file charges against him because he's shielding these other guys from prosecution.
[01:27:00.360 --> 01:27:03.360] He's required to take it, it's his job.
[01:27:03.360 --> 01:27:09.360] And the justice court does not count as a county, that's a whole separate entity?
[01:27:09.360 --> 01:27:16.360] No, but any magistrate can sign the complaint as a verifier.
[01:27:16.360 --> 01:27:21.360] That includes a municipal judge and a J.P. judge.
[01:27:21.360 --> 01:27:29.360] They just don't have jurisdiction of the case, but any magistrate can verify the document.
[01:27:29.360 --> 01:27:30.360] Gotcha.
[01:27:30.360 --> 01:27:40.360] Well, yeah, if he's able to sign death records, I would assume he's able to marry people and declare them dead, I would assume he was able to do that.
[01:27:40.360 --> 01:27:41.360] Okay.
[01:27:41.360 --> 01:27:42.360] Yeah.
[01:27:42.360 --> 01:27:47.360] I'm going to continue having a good time with this.
[01:27:47.360 --> 01:27:48.360] How about that?
[01:27:48.360 --> 01:27:51.360] Well, that sounds like a winning attitude to me.
[01:27:51.360 --> 01:28:04.360] I'm just glad to see this is just one thing that's helping open my wife's eyes because boys is an uphill battle when your wife's just been taught to lay down every time somebody calls on these things.
[01:28:04.360 --> 01:28:05.360] Yeah.
[01:28:05.360 --> 01:28:14.360] Well, sometimes it takes being embroiled in it before the lights come on and the shades go up and you see the real view of the world.
[01:28:14.360 --> 01:28:21.360] I'll tell you, it's been fun learning.
[01:28:21.360 --> 01:28:27.360] What I was going for was the criminal complaint in that aspect because I've got the little code enforcement officer.
[01:28:27.360 --> 01:28:36.360] I've called you in Randy before, so I won't go into that, but I've got them on tape recording as far as admitting, well, I'm not saying you're wrong, Mr. Peterson.
[01:28:36.360 --> 01:28:51.360] I know you, but I really like if you talk to my boss, I'm like, who's your boss? Well, they've got all these other neat things that aren't in their charter too that, you know, now the chief of police is the head of the DPS for a city of Hillsborough and all this ridiculousness.
[01:28:51.360 --> 01:28:53.360] I don't want to talk to anyone.
[01:28:53.360 --> 01:28:56.360] If I do continue talking to them, I'm only egging this garbage on.
[01:28:56.360 --> 01:28:57.360] Right.
[01:28:57.360 --> 01:29:13.360] But if I sit there with a criminal complaint in hand already made out for what I know he's going to do, if he comes by when I'm working on my house, I'd like to see his expression with my camcorder and my criminal complaint when he walked up with his little note and pad.
[01:29:13.360 --> 01:29:21.360] Yeah, once they set foot on your property without your consent and that property was marked, he broke the law.
[01:29:21.360 --> 01:29:29.360] Which is funny, I mentioned to him what the chief county appraiser did and he said, oh, no, you can't do that. Well, what do you think you just did, fella?
[01:29:29.360 --> 01:29:35.360] He just admitted to me on a tape recording that you can't do that. Listen, I'll let you go.
[01:29:35.360 --> 01:29:41.360] All right, Stephen, thanks for calling in. Good luck and good riddance to them all.
[01:29:41.360 --> 01:29:45.360] Yes, sir. Appreciate y'all's help. I'll keep sending all my cancer. Go ahead and go.
[01:29:45.360 --> 01:29:47.360] Thank you. Appreciate it.
[01:29:47.360 --> 01:29:53.360] All right, folks, this is Rule of Law Radio. Ryan Dell, I see you there on the board. Hang on. We'll pick you up after the break.
[01:29:53.360 --> 01:30:21.360] This is Rule of Law with Eddie Craig, 512-646-1984. We'll be right back.
[01:30:21.360 --> 01:30:32.360] 9.02 a.m. This is insulting to the memory of those who perish in the bombing. What is being hidden from us? For more information, please go to okcbombingtruth.com.
[01:30:32.360 --> 01:30:41.360] What's the spookiest U.S. government agency? The National Security Agency tops my list, especially knowing the boatload of data they collect in store.
[01:30:41.360 --> 01:30:45.360] I'm Dr. Catherine Albrecht and I'll tell you more in just a moment.
[01:30:45.360 --> 01:30:55.360] Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:55.360 --> 01:31:03.360] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging onto.
[01:31:03.360 --> 01:31:14.360] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bin. Start over with StartPage.
[01:31:14.360 --> 01:31:21.360] The National Security Agency, or NSA, is best known for its code breaking and involvement in Operation Echelon.
[01:31:21.360 --> 01:31:28.360] A lot of mysteries surround Echelon, but many believe its goal is to intercept phone calls, emails, and satellite communications worldwide.
[01:31:28.360 --> 01:31:36.360] Seems unlikely, but Rand Corporation director John Pericini suggested otherwise in recent news stories about the Bin Laden capture.
[01:31:36.360 --> 01:31:42.360] He said that every six hours, the NSA sucks up a data stream equivalent to the entire Library of Congress.
[01:31:42.360 --> 01:31:49.360] Yahoo! The Library of Congress houses nearly 150 million books on more than 800 miles of shelving.
[01:31:49.360 --> 01:31:53.360] Now that's a lot of email and phone calls to be monitoring.
[01:31:53.360 --> 01:32:12.360] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:12.360 --> 01:32:20.360] Hi folks, we are back. This is Google of Law Radio. Call in number 512646984. We got about a half an hour left.
[01:32:20.360 --> 01:32:24.360] Now we're going to go to Ryan in Texas. Ryan, what can we do for you?
[01:32:24.360 --> 01:32:34.360] Okay, on the case of an eviction, the major question is this.
[01:32:34.360 --> 01:32:49.360] If the property owner is asking for less than what the amount of rent is due or leased money,
[01:32:49.360 --> 01:33:02.360] how is it possible to straighten it out? Can we ask for the eviction to be withdrawn in lieu of the appropriate money being offered,
[01:33:02.360 --> 01:33:10.360] or just allow the eviction to go to court and then say ask for a jury trial?
[01:33:10.360 --> 01:33:14.360] Well, an eviction is a civil process. There is no jury trial.
[01:33:14.360 --> 01:33:24.360] Okay, I'm not quite sure I'm understanding what you're asking, but let me see if I've got it right the way I'm hearing it.
[01:33:24.360 --> 01:33:35.360] The person that owns the property is demanding payment of money less than the total amount of money due for rent from whoever's occupying the property.
[01:33:35.360 --> 01:33:37.360] Correct.
[01:33:37.360 --> 01:33:43.360] And the person occupying the property is wanting to know if they can do what?
[01:33:43.360 --> 01:33:58.360] Well, actually offer the amount of money that is required or that's actually due instead of a lesser amount in order to just buy more time or stay here longer.
[01:33:58.360 --> 01:34:04.360] Well, at this point, that's going to be up to the person that owns the property and the agreement made in the lease.
[01:34:04.360 --> 01:34:20.360] If the lease gives the owner the right to evict because of past due balances and that right doesn't change because once an action is in progress for the eviction,
[01:34:20.360 --> 01:34:25.360] that's all going to be up to the discretion of the property owner.
[01:34:25.360 --> 01:34:39.360] Because once the breach of contract has occurred and he invokes his rights under the breach, then any decision to accept payment and negate the eviction is done.
[01:34:39.360 --> 01:34:56.360] Now that's one thing Texas law does cover if memory serves, at least it's what I read here before I came to Austin, I read somewhere in the statute that if the property owner accepts payment of any kind for the past due amounts,
[01:34:56.360 --> 01:34:59.360] the eviction must be abated.
[01:34:59.360 --> 01:35:02.360] They have to stop eviction proceedings.
[01:35:02.360 --> 01:35:03.360] Okay.
[01:35:03.360 --> 01:35:18.360] So the likelihood of them if they've initiated eviction and they really want you out versus having the money, they're not going to let you pay them anything because they have to stop evicting you if they accept it.
[01:35:18.360 --> 01:35:19.360] Correct.
[01:35:19.360 --> 01:35:40.360] Now the question is, the other part of the question is this, in the paperwork that Constable showed up with, said that there is a jury that's available for $5, you pay a $5 fee and they bring a jury in to hear the eviction.
[01:35:40.360 --> 01:35:43.360] I'm just not real clear on this.
[01:35:43.360 --> 01:35:45.360] Do you know anything about this?
[01:35:45.360 --> 01:35:51.360] If you go before a jury eviction of any kind, that'll be the first I've heard of it.
[01:35:51.360 --> 01:36:03.360] Because I've never heard of an eviction being reviewed by a jury and I've done computer work for a lot of apartment complexes back in Nacogdoches and they do evictions.
[01:36:03.360 --> 01:36:09.360] One day every week they go to court and file eviction notices at the court.
[01:36:09.360 --> 01:36:17.360] And my knowledge, they've never had a jury offer of any kind to anybody that's been in line for that eviction.
[01:36:17.360 --> 01:36:19.360] It's pay up or get out.
[01:36:19.360 --> 01:36:22.360] Well, that's basically what I've understood.
[01:36:22.360 --> 01:36:29.360] I just saw some, I guess an offer or a different...
[01:36:29.360 --> 01:36:45.360] I would have called that particular Constable of that precinct that gave you that information and asked him if there is some statutory reference that he can give you to look that up and see what is or isn't true about what he said.
[01:36:45.360 --> 01:36:55.360] One thing about law enforcement, they can tell you what they think a law says and I can almost guarantee you it will never be what the law says.
[01:36:55.360 --> 01:36:57.360] Right.
[01:36:57.360 --> 01:37:07.360] So if he's telling you that, ask him if he knows what statute that is provides for that and go read it for yourself.
[01:37:07.360 --> 01:37:13.360] Alright, well that makes sense and we'll look into that, I guess, a little bit more.
[01:37:13.360 --> 01:37:25.360] And that was my only question for this evening, I guess, was why they would offer a jury hearing, if you will, for an eviction at the cost of $5.
[01:37:25.360 --> 01:37:27.360] That was a weird part of it.
[01:37:27.360 --> 01:37:37.360] The thing, they're not supposed to charge a jury fee to a defendant unless the defendant doesn't arrive and show up the day of the jury trial.
[01:37:37.360 --> 01:37:43.360] Then they can pass the cost of the jury on to the defendant.
[01:37:43.360 --> 01:37:49.360] Sometimes they'll make you put up a bond for the jury trial to ensure that you show up.
[01:37:49.360 --> 01:37:53.360] But again, that's a separate thing, not a jury fee.
[01:37:53.360 --> 01:37:57.360] If you have the right to a jury, they can't charge you a fee to exercise the right.
[01:37:57.360 --> 01:37:59.360] Okay, that makes sense.
[01:37:59.360 --> 01:38:03.360] Can't charge a fee for a jury that we would have a right to.
[01:38:03.360 --> 01:38:05.360] Correct.
[01:38:05.360 --> 01:38:11.360] Alright, well, thanks Eddie, I appreciate it and we'll look into it some more.
[01:38:11.360 --> 01:38:13.360] Okay, have a good evening, Ryan.
[01:38:13.360 --> 01:38:15.360] Good evening, bye bye.
[01:38:15.360 --> 01:38:19.360] Alright, now we're going to go to Dale in, is it Montana or Missouri, Dale?
[01:38:19.360 --> 01:38:21.360] It's Missouri.
[01:38:21.360 --> 01:38:23.360] Missouri, okay, what can we do for you?
[01:38:23.360 --> 01:38:29.360] Yes, when you fight your traffic cases, the prosecutor has to prove every element.
[01:38:29.360 --> 01:38:33.360] And you normally, in a traffic case, one of the elements is motor vehicle.
[01:38:33.360 --> 01:38:39.360] And what I've seen in the courtroom is the prosecutor tries to use it in one of his questions.
[01:38:39.360 --> 01:38:45.360] And the proper thing that I'm aware of is to object to it, as soon as that's not an evidence.
[01:38:45.360 --> 01:38:47.360] And oftentimes the...
[01:38:47.360 --> 01:38:53.360] Well, there's actually three parts to that objection. It's a legal objection that you can...
[01:38:53.360 --> 01:38:56.360] You can make it three different ways.
[01:38:56.360 --> 01:38:59.360] We make all three of them as a compound objection.
[01:38:59.360 --> 01:39:08.360] Objection assumes facts, not an evidence, not previously agreed to, and requires a legal conclusion by the fact witness.
[01:39:08.360 --> 01:39:10.360] Interesting, okay.
[01:39:10.360 --> 01:39:13.360] That's three separate objections rolled into one.
[01:39:13.360 --> 01:39:22.360] Because when the prosecutor uses one of the legal terms or elicits one of those terms from a witness,
[01:39:22.360 --> 01:39:28.360] then you have the right to determine whether or not the witness understands the testimony they're providing.
[01:39:28.360 --> 01:39:32.360] You can actually interrupt and make the objection in state.
[01:39:32.360 --> 01:39:39.360] I request that the witness be tendered for the purpose of Wadiar to ascertain personal knowledge.
[01:39:39.360 --> 01:39:48.360] Now you're going to question the witness directly about their personal knowledge of the meaning of the term they used.
[01:39:48.360 --> 01:39:53.360] And the way you do that is, did you ask me for a bill of lading?
[01:39:53.360 --> 01:39:58.360] No, did you ask me for a passenger manifest?
[01:39:58.360 --> 01:40:05.360] No, then obviously his understanding of the term is not related to commerce.
[01:40:05.360 --> 01:40:13.360] If it was, then he would know that those two things are the only actual evidence of a vehicle,
[01:40:13.360 --> 01:40:27.360] because it must be a device used for the purpose of transportation before it can be a vehicle or motor vehicle.
[01:40:27.360 --> 01:40:29.360] Follow the gist of that?
[01:40:29.360 --> 01:40:30.360] Yes.
[01:40:30.360 --> 01:40:31.360] Okay.
[01:40:31.360 --> 01:40:41.360] Because you use those two items in order to show that he doesn't understand what the word motor vehicle is.
[01:40:41.360 --> 01:40:42.360] Correct.
[01:40:42.360 --> 01:40:50.360] And also to negate the inference that you were in such a vehicle because you objected to the use of the term.
[01:40:50.360 --> 01:40:51.360] Right.
[01:40:51.360 --> 01:40:52.360] Okay.
[01:40:52.360 --> 01:40:53.360] That's interesting.
[01:40:53.360 --> 01:40:57.360] That's the element that you're obviously going to keep off the record.
[01:40:57.360 --> 01:41:03.360] I'll just throw it out there. What I see they try to do is the officer tries to answer the question before you object.
[01:41:03.360 --> 01:41:08.360] Well, yeah, he has to start answering and use the term you want to object to before you can object.
[01:41:08.360 --> 01:41:12.360] But now you can object to the prosecutions using it.
[01:41:12.360 --> 01:41:13.360] Yeah.
[01:41:13.360 --> 01:41:14.360] Okay.
[01:41:14.360 --> 01:41:21.360] Now, when the officer uses it, let's say the prosecutor will say, well, what happened next?
[01:41:21.360 --> 01:41:23.360] And what happened next?
[01:41:23.360 --> 01:41:30.360] And so when the police officer, if the police officer uses the word motor vehicle.
[01:41:30.360 --> 01:41:33.360] Then you make exactly the same objection again.
[01:41:33.360 --> 01:41:34.360] Okay.
[01:41:34.360 --> 01:41:40.360] No matter which term they use, the objection remains the same.
[01:41:40.360 --> 01:41:41.360] I see.
[01:41:41.360 --> 01:41:51.360] The officer by trying to use the term is drawing a legal conclusion that you were in a vehicle associated with commerce.
[01:41:51.360 --> 01:41:52.360] Yes.
[01:41:52.360 --> 01:41:56.360] But he's not qualified to make that determination.
[01:41:56.360 --> 01:42:02.360] Hence, the last part of the objection requires a legal conclusion by the fact witness.
[01:42:02.360 --> 01:42:07.360] He's not qualified to make it because he doesn't understand what it is.
[01:42:07.360 --> 01:42:08.360] Correct.
[01:42:08.360 --> 01:42:09.360] Is that correct?
[01:42:09.360 --> 01:42:10.360] That is correct.
[01:42:10.360 --> 01:42:11.360] No.
[01:42:11.360 --> 01:42:14.360] Plus, the first part of the objection assumes facts not in evidence.
[01:42:14.360 --> 01:42:25.360] There is no bill of late thing, there is no passenger manifest, therefore, there is no evidence of transportation or commercial activity.
[01:42:25.360 --> 01:42:26.360] No.
[01:42:26.360 --> 01:42:27.360] Okay.
[01:42:27.360 --> 01:42:31.360] Now, you have a statute that says that they've got to ask for that?
[01:42:31.360 --> 01:42:32.360] No.
[01:42:32.360 --> 01:42:33.360] Okay.
[01:42:33.360 --> 01:42:36.360] It doesn't matter what state you're in.
[01:42:36.360 --> 01:42:42.360] The state must prove standing to bring the charge against you in the first place.
[01:42:42.360 --> 01:42:43.360] Yes, sir.
[01:42:43.360 --> 01:42:51.360] The only way state can prove standing is to prove that transportation was occurring.
[01:42:51.360 --> 01:42:52.360] Why?
[01:42:52.360 --> 01:42:56.360] Because the only thing the state can regulate is transportation.
[01:42:56.360 --> 01:42:58.360] Yes, I agree with you.
[01:42:58.360 --> 01:43:06.360] So, the only way to commit an offense under the transportation code is if transportation is taking place.
[01:43:06.360 --> 01:43:07.360] That's correct.
[01:43:07.360 --> 01:43:16.360] So, state can only get standing to make the accusation if they can prove transportation, which they never ever do.
[01:43:16.360 --> 01:43:17.360] No, they don't.
[01:43:17.360 --> 01:43:32.360] They do it by inference and creating a prima facie case because you, as the defense, do not object to the inference made by the usage of the term.
[01:43:32.360 --> 01:43:40.360] Therefore, by your silence, you acquiesce and accept those terms as being applicable to your activities.
[01:43:40.360 --> 01:43:43.360] Thus, now you're guilty of transportation.
[01:43:43.360 --> 01:43:44.360] Right.
[01:43:44.360 --> 01:43:46.360] Now, when you're done proving what you just got to...
[01:43:46.360 --> 01:43:47.360] Okay.
[01:43:47.360 --> 01:43:48.360] Hang on just a second, Dale.
[01:43:48.360 --> 01:43:49.360] We'll come to this more on the other side.
[01:43:49.360 --> 01:43:50.360] We're about to go to break.
[01:43:50.360 --> 01:43:51.360] All right, folks.
[01:43:51.360 --> 01:43:52.360] This is the rule of law radio.
[01:43:52.360 --> 01:43:53.360] Steve, I see you there on the board.
[01:43:53.360 --> 01:43:54.360] Hang on.
[01:43:54.360 --> 01:44:00.360] We'll be right back.
[01:44:00.360 --> 01:44:01.360] Hey, did you hear?
[01:44:01.360 --> 01:44:03.360] Ron Paul has announced he's running for president in 2012.
[01:44:03.360 --> 01:44:04.360] It is Ron Paul.
[01:44:04.360 --> 01:44:05.360] Really?
[01:44:05.360 --> 01:44:07.360] Okay, put down the cell phone for one minute.
[01:44:07.360 --> 01:44:10.360] Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.360 --> 01:44:13.360] Oh, but I love to make those little smiley faces with punctuation marks.
[01:44:13.360 --> 01:44:14.360] Of course you do.
[01:44:14.360 --> 01:44:15.360] Now, listen closely.
[01:44:15.360 --> 01:44:20.360] You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:20.360 --> 01:44:23.360] They have all of his books and many of the books he talks about.
[01:44:23.360 --> 01:44:28.360] They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:28.360 --> 01:44:29.360] Brave New Books?
[01:44:29.360 --> 01:44:31.360] Do they have Harry Potter and Twilight?
[01:44:31.360 --> 01:44:37.360] No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:37.360 --> 01:44:40.360] Ugh, that sounds like that show on the Discovery Channel.
[01:44:40.360 --> 01:44:47.360] Yeah, there's even a wilderness survival expert that teaches classes called Earthskill School that you can sign up for on the website bravenewbookstore.com.
[01:44:47.360 --> 01:44:48.360] What are you doing?
[01:44:48.360 --> 01:44:53.360] I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person.
[01:44:53.360 --> 01:44:54.360] Where's it located?
[01:44:54.360 --> 01:44:56.360] 1904, Guadalupe Street.
[01:44:56.360 --> 01:44:57.360] There, it's set.
[01:44:57.360 --> 01:44:58.360] I even made a smiley face.
[01:44:58.360 --> 01:44:59.360] Great.
[01:45:28.360 --> 01:45:30.360] And now you can too.
[01:45:30.360 --> 01:45:36.360] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:36.360 --> 01:45:45.360] 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.
[01:45:45.360 --> 01:45:54.360] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics, and much more.
[01:45:54.360 --> 01:46:03.360] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[01:46:18.360 --> 01:46:20.360] Hi folks, we are back.
[01:46:20.360 --> 01:46:22.360] This is Rule of Law Radio.
[01:46:22.360 --> 01:46:26.360] All right, Dale, let's get this finished up for you here.
[01:46:26.360 --> 01:46:29.360] Okay, what else you got, Dale?
[01:46:29.360 --> 01:46:38.360] All right, so once you show that the officer doesn't know what the word motor vehicle is, he's done a lot of trouble about that point.
[01:46:38.360 --> 01:46:47.360] Because he brought criminal charges, he created a police report which is false and provided it to the prosecutor, and yet he doesn't know.
[01:46:47.360 --> 01:46:51.360] Yeah, but what they did in the process was violate your rights.
[01:46:51.360 --> 01:46:58.360] Now that you've got a civil tort, that's exactly what we're doing here in Texas on my case.
[01:46:58.360 --> 01:47:01.360] It didn't matter whether or not we won the appeal.
[01:47:01.360 --> 01:47:07.360] We still have causes of action in the federal court, but on my case, we wanted to go to appeal.
[01:47:07.360 --> 01:47:14.360] We have to win the appeal so that we have a direct cause of action against the prosecutor and the judge as well.
[01:47:14.360 --> 01:47:19.360] Without that, we couldn't go after the judge and the prosecutor for malicious prosecution.
[01:47:19.360 --> 01:47:24.360] That's how we can entangle them in the suit along with everybody else, including the cop.
[01:47:24.360 --> 01:47:25.360] No, I'm just curious.
[01:47:25.360 --> 01:47:37.360] Don't you have the prosecutor because there's no facts on the record because there's no affidavit on the record to show that the state has standing?
[01:47:37.360 --> 01:47:44.360] There's nothing in the record that proves standing by the state if you made the defense.
[01:47:44.360 --> 01:47:50.360] If you failed to make the defense of no transportation and you got convicted,
[01:47:50.360 --> 01:47:55.360] if there wasn't some other reason that the appellate court overturns the conviction,
[01:47:55.360 --> 01:48:02.360] then you cannot go after the prosecutor or the judge because they acted within the scope of their duty.
[01:48:02.360 --> 01:48:08.360] What we have to do is show that they never had jurisdiction of the case in the first place.
[01:48:08.360 --> 01:48:17.360] One, because the state never proved standing. Two, they never provided proper timely and sufficient notice to the defense.
[01:48:17.360 --> 01:48:28.360] Three, without that jurisdiction of subject matter and in personum, the court was absent jurisdiction to do anything and they proceeded anyway.
[01:48:28.360 --> 01:48:35.360] That's what we had to go on appeal to prove that the court never had jurisdiction.
[01:48:35.360 --> 01:48:42.360] Therefore, both the prosecutor and the court have no immunity for their actions.
[01:48:42.360 --> 01:48:48.360] Otherwise, if you don't get the case overturned on conviction, you can't touch them.
[01:48:48.360 --> 01:49:01.360] Right. Now, the person under the motor vehicle code, is that a corporation in your research or is it all people?
[01:49:01.360 --> 01:49:09.360] No, it's all somebody that represents an entity that's engaging in commerce on the roads.
[01:49:09.360 --> 01:49:11.360] Okay.
[01:49:11.360 --> 01:49:13.360] Alright, just carry it through.
[01:49:13.360 --> 01:49:24.360] Now, you can, technically speaking, I can't see how they can use it to go against anyone that's not incorporated.
[01:49:24.360 --> 01:49:37.360] But the logic is still there that because even a private carrier, if they're incorporated or not, is still responsible for public safety when they're using,
[01:49:37.360 --> 01:49:45.360] especially if they're one that can afford to pay for great big rigs and things of that nature, if they don't take due care and perform proper maintenance on these,
[01:49:45.360 --> 01:49:49.360] they're just as much a danger to the public as the incorporated ones are.
[01:49:49.360 --> 01:50:00.360] So because of the public safety issue involved and the extraordinary use of the road as a place of business, which is not its intended purpose,
[01:50:00.360 --> 01:50:06.360] they can regulate private transportation companies on there as well.
[01:50:06.360 --> 01:50:07.360] Okay.
[01:50:07.360 --> 01:50:20.360] Now, do they not also have, they don't have a human jurisdiction for their pleadings are insufficient in order to invoke the court because there's not an affidavit on the record.
[01:50:20.360 --> 01:50:24.360] Therefore, the pleadings are insufficient in order to invoke.
[01:50:24.360 --> 01:50:28.360] Is the criminal complaint sworn to?
[01:50:28.360 --> 01:50:37.360] In most of these traffic cases, are they not? Is it not? I mean, there is no affidavits in those cases, isn't there?
[01:50:37.360 --> 01:50:43.360] I don't know in your case. In our case, yeah, they have a sworn criminal complaint sometimes.
[01:50:43.360 --> 01:50:48.360] But if they do, they never serve it on you, which is a requirement.
[01:50:48.360 --> 01:50:54.360] That's where the no notice part comes in. They're not allowed to conduct trial by ambush.
[01:50:54.360 --> 01:50:59.360] Yeah. But do they file those things into the record in Texas?
[01:50:59.360 --> 01:51:06.360] Well, here in Austin, they're putting it in the record, but there's no file stamp on it.
[01:51:06.360 --> 01:51:12.360] So if there's no file stamp, it can't be considered filed.
[01:51:12.360 --> 01:51:15.360] Not according to Texas case law on the subject.
[01:51:15.360 --> 01:51:20.360] Sticking it in the folder does not constitute filing it.
[01:51:20.360 --> 01:51:25.360] Sticking it in the electronic record does not constitute filing it.
[01:51:25.360 --> 01:51:30.360] It has to be stamped as being filed with the court.
[01:51:30.360 --> 01:51:34.360] And none of these documents that are filed by the state in these cases ever have that.
[01:51:34.360 --> 01:51:44.360] All right. Well, in those documents, is the officer swearing to someone that is authorized to accept the oath?
[01:51:44.360 --> 01:51:50.360] Yes. Well, somebody is. It's usually not the officer in Texas. It's the court clerk.
[01:51:50.360 --> 01:51:54.360] And that's a problem in and of itself completely separate from everything else.
[01:51:54.360 --> 01:52:02.360] Okay. So really, what is to what's happening is there's not an affidavit, which means that there's not facts.
[01:52:02.360 --> 01:52:08.360] That's the violation of the Fourth Amendment. There's also a violation of the Bill of Rights for the state of Texas.
[01:52:08.360 --> 01:52:13.360] Right. The complaint is insufficient when it's signed by a clerk.
[01:52:13.360 --> 01:52:20.360] Why? Because the court is represented by the clerk. Therefore, the court is a witness.
[01:52:20.360 --> 01:52:25.360] The court cannot have jurisdiction to preside over a case in which it's a witness.
[01:52:25.360 --> 01:52:33.360] That's correct. And the other issue is that the way that court gets jurisdiction is by the sufficiency of the complaint.
[01:52:33.360 --> 01:52:47.360] And if the complaint is insufficient in which it violates legal, you know, it violates law, the court never obtained jurisdiction to begin with.
[01:52:47.360 --> 01:52:53.360] That's true. But I've got a couple other callers, bells, or a question you got in on this.
[01:52:53.360 --> 01:52:57.360] No, I just curious if you're challenging some of those things. Are you challenging?
[01:52:57.360 --> 01:53:02.360] Absolutely. We're challenging everything. Believe me when I tell you, I have not failed to kick over every rock in this process.
[01:53:02.360 --> 01:53:09.360] Okay. Well, it would be interesting to see how what happens.
[01:53:09.360 --> 01:53:14.360] Well, that's what we're collecting funds for on the federal lawsuit is so we get to see what happens.
[01:53:14.360 --> 01:53:26.360] Did you challenge that there's no promulgated rules to give force and effective laws of the statute as to who the person is, the activity that's regulated, and the object that's regulated?
[01:53:26.360 --> 01:53:35.360] No, because there are rules promulgated. That's what the transportation code is. The problem is, is it's a commercial statute being applied to private people.
[01:53:35.360 --> 01:53:44.360] Okay. There's generally in states there's promulgated rules that's usually put like in a register, and they've got a, in a sense...
[01:53:44.360 --> 01:53:55.360] The bill is put into the state register. Then the transportation code is the regulations that come from the language of the bill.
[01:53:55.360 --> 01:54:11.360] So their agency written, more or less, is how it works out. But the actual enrolled bill versus what's in the statutes are not exact. One is taken from the other.
[01:54:11.360 --> 01:54:25.360] In most states, there's a promulgated, that the promulgated regulation is placed like in Missouri, it's a Missouri register. And you go in there and you can look up, for example, child seats.
[01:54:25.360 --> 01:54:40.360] They'll promulgate rules for child seats. But they don't promulgate the rules to identify. The purpose here is that there's supposed to be a jurisdictional nexus between the agency and the person involved.
[01:54:40.360 --> 01:54:52.360] Well, that's right. And the jurisdictional nexus is the transportation issue. And here in this case, they're taking a commercial statute and applying it to a non-commercial individual.
[01:54:52.360 --> 01:54:59.360] That's the problem with their alleged nexus. It doesn't exist. That's where the state lacks standing.
[01:54:59.360 --> 01:55:03.360] Okay. You know, an example would be like in the federal...
[01:55:03.360 --> 01:55:10.360] Okay, Dale, Dale. I've got other callers. Do you have a question? No, that's okay. I'll listen to you at the call. Thank you.
[01:55:10.360 --> 01:55:17.360] Okay. Thanks, Dale. Appreciate it. All right. Let's go to Steve in Texas. This is a different Steve, I'm thinking. Steve?
[01:55:17.360 --> 01:55:21.360] Yeah, this is the first time I've called in. I talked to him about a week ago.
[01:55:21.360 --> 01:55:22.360] All right.
[01:55:22.360 --> 01:55:34.360] And I've got two different issues. One is a dog catcher ticket. And it does include a failure to appear, but they've started back after I posted a bond of a pre-trial hearing.
[01:55:34.360 --> 01:55:35.360] Uh-huh.
[01:55:35.360 --> 01:55:47.360] And I've got an affidavit of denial of corporate existence to file. And I've sent off with an oath and their bond information.
[01:55:47.360 --> 01:55:55.360] But I just... There's just much information out there. I'm still baffled as to which way to proceed, other than filing those, and...
[01:55:55.360 --> 01:55:57.360] Yeah, I've got to show up this time.
[01:55:57.360 --> 01:56:01.360] Is the dog catcher ticket civil, criminal, or administrative?
[01:56:01.360 --> 01:56:15.360] They're claiming it's criminal, according to their stuff, but it didn't show up on any of their warrant information, except for it is on the failure to appear driver's license 800 number.
[01:56:15.360 --> 01:56:16.360] Okay.
[01:56:16.360 --> 01:56:22.360] So, you know, show me the injured party, where's the contract? I signed the ticket.
[01:56:22.360 --> 01:56:24.360] What is the charge?
[01:56:24.360 --> 01:56:30.360] Oh, let's see. An unregistered dog and a dog running free.
[01:56:30.360 --> 01:56:35.360] Well, since when do you have to register your private property with anybody?
[01:56:35.360 --> 01:56:41.360] Well, that's kind of my question. I made them call the police just to force me to pull the driver's license out.
[01:56:41.360 --> 01:56:46.360] And I still refuse the contract. I've sent them all kinds of information, they just keep going.
[01:56:46.360 --> 01:56:58.360] So, I'm going to show up and see if I can't ask the right questions, although that's what the dilemma lies right now.
[01:56:58.360 --> 01:57:01.360] Okay.
[01:57:01.360 --> 01:57:03.360] Yeah.
[01:57:03.360 --> 01:57:10.360] Well, again, you're going to have to do a little bit of reading to figure out what the right questions are.
[01:57:10.360 --> 01:57:19.360] Yeah. Well, I'd like to, you know, show me where you have jurisdiction or authority over me to begin with, to command me to show up.
[01:57:19.360 --> 01:57:22.360] You live within the city limits or outside?
[01:57:22.360 --> 01:57:24.360] I live within.
[01:57:24.360 --> 01:57:38.360] Okay. They can't force you to register your dog. They can make you keep it out of the way and harm of the public, but they can't force you to register your dog.
[01:57:38.360 --> 01:57:42.360] Private property, they have no authority to do that.
[01:57:42.360 --> 01:57:53.360] Okay. Well, it's even better than that because it appears that they let the dog out so they could ride the tickets because the dogs have never been back out.
[01:57:53.360 --> 01:57:54.360] Okay.
[01:57:54.360 --> 01:58:09.360] And besides, besides the point at this point, they're, you know, they had two policemen show up at the front door a couple of Fridays ago saying you need to go pay your fine or you're going to go to jail.
[01:58:09.360 --> 01:58:16.360] All right. Well, I guess we'll need to talk with you again on Thursday if we don't have any guests and get a little bit more information.
[01:58:16.360 --> 01:58:18.360] Okay. We'll do that.
[01:58:18.360 --> 01:58:19.360] All right.
[01:58:19.360 --> 01:58:28.360] Nice. Yes, sir. Thank you for calling in. Jay, I'm sorry we ran out of time and weren't able to get to you, but if you'll send me an email offline, I'll answer whatever question you were calling in with.
[01:58:28.360 --> 01:58:34.360] Write me an email at eddedieatruleoflawradio.com.
[01:58:34.360 --> 01:58:39.360] All right, folks. This has been another one of our Monday night traffic shows.
[01:58:39.360 --> 01:58:48.360] This is Eddie Craig, Deborah Stevens, Randy Kelton on Rule of Law Radio. Thank you all so much for supporting us on getting the appeal bonds, the federal lawsuit to come.
[01:58:48.360 --> 01:58:54.360] Thank you for listening. Thank you for just being there. Thank you all. Good night and God bless.
[01:59:00.360 --> 01:59:08.360] Bibles for America is offering absolutely free, a unique study Bible called the New Testament Recovery Version.
[01:59:08.360 --> 01:59:18.360] The New Testament Recovery Version has over 9,000 footnotes that explain what the Bible says verse by verse, helping you to know God and to know the meaning of life.
[01:59:18.360 --> 01:59:30.360] Order your free copy today from Bibles for America. Call us toll free at 888-551-0102 or visit us online at bfa.org.
[01:59:30.360 --> 01:59:40.360] This translation is highly accurate and it comes with over 13,000 cross references, plus charts and maps and an outline for every book of the Bible.
[01:59:40.360 --> 01:59:51.360] This is truly a Bible you can understand. To get your free copy of the New Testament Recovery Version, call us toll free at 888-551-0102.
[01:59:51.360 --> 02:00:00.360] That's 888-551-0102 or visit us online at bfa.org.