ROL_2012-07-23_16k.timecode
[00:00.000 --> 00:10.000] When teenagers don't get enough morning sunlight, then they have a tougher time sleeping at night and that can cause lower grades.
[00:10.000 --> 00:17.000] Under Catherine Albrecht, I'll tell you about the latest research into sunlight and night owl syndrome next.
[00:17.000 --> 00:23.000] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:23.000 --> 00:28.000] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:28.000 --> 00:33.000] So protect your rights. Say no to surveillance and keep your information to yourself.
[00:33.000 --> 00:43.000] Privacy, it's worth hanging on to. This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[00:43.000 --> 00:46.000] Start over with StartPage.
[00:46.000 --> 00:52.000] Do your kids have trouble getting to sleep? The cure could be a dose of morning sunshine.
[00:52.000 --> 00:59.000] When teenagers don't get enough morning light, they're likely to go to bed later, get less sleep, and underperform in school.
[00:59.000 --> 01:03.000] Scientists gave eighth graders special glasses to block so-called blue light.
[01:03.000 --> 01:12.000] After five days, the student's evening onset of melatonin, the sleepy hormone, was delayed and the kids fell asleep half an hour later than usual.
[01:12.000 --> 01:17.000] So parents, open the blinds wide in the morning and help your kids soak up those rays.
[01:17.000 --> 01:22.000] You can also buy light bulbs that mimic natural sunlight. It's the best way to help your kids shine.
[01:22.000 --> 01:27.000] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:32.000 --> 01:38.000] Pressure. We usually associate it with stress and negativity, but sometimes a bit of pressure can be healing.
[01:38.000 --> 01:47.000] I'm Dr. Catherine Albrecht and I'll be back to tell you how conditions like nausea can be cured using the traditional Chinese therapy known as acupressure.
[01:47.000 --> 01:52.000] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:52.000 --> 01:57.000] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.000 --> 02:02.000] So protect your rights. Say no to surveillance and keep your information to yourself.
[02:02.000 --> 02:05.000] Privacy. It's worth hanging on to.
[02:05.000 --> 02:13.000] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[02:13.000 --> 02:16.000] Start over with StartPage.
[02:16.000 --> 02:23.000] Acupressure is an ancient practice that uses finger or hand pressure to cure everything from headaches to constipation.
[02:23.000 --> 02:29.000] The pressure is applied to points known as meridians that are believed to control the flow of energy in the human body.
[02:29.000 --> 02:36.000] If pressure offers a simple cure for nausea, you might try the next time you get a queasy stomach or a case of motion sickness.
[02:36.000 --> 02:44.000] Simply apply moderate pressure to the point known as P6. You'll find it on the inside of your wrist about two fingers width down from your palm.
[02:44.000 --> 02:53.000] Placing pressure on the P6 point works on the same principle as those pricey anti-nausea wristbands, but this relief is free and always on hand.
[02:53.000 --> 03:00.000] Senator Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[03:24.000 --> 03:40.000] Somebody's been viewed, somebody blew up a building, somebody stole a car, somebody got away, somebody didn't get too far, yeah, they didn't get too far.
[03:40.000 --> 03:54.000] Grant Pappet told my Pappet back in my day's time when a man had to answer for the week that he'd done. Take all the roof in Texas by the tall old tree round up all of them.
[03:54.000 --> 04:03.000] That boys hang up high on the street for all the people to see.
[04:03.000 --> 04:13.000] Alright folks, good evening. It is July 23rd, 2012. This is the Monday Night Rule of Law traffic show with your host Eddie Craig, Denver Stevens and Randy Kelton.
[04:13.000 --> 04:16.000] Thank you so much for being out there listening.
[04:16.000 --> 04:23.000] Alright folks, this is going to be an interesting couple of weeks coming up for our classes down at Brave New Books.
[04:23.000 --> 04:41.000] We're going to try not this coming weekend, but the weekend after next, two weeks from yesterday. We're going to do a mock court in this Brave New Books class and we're going to reenact my traffic case down at Austin Municipal Court.
[04:41.000 --> 04:53.000] I have supplied two of the other class members with copies of my transcript so that they can play their particular parts of prosecutor and judge in this little scenario.
[04:53.000 --> 05:12.000] And I, of course, will be playing myself and actually I will be the only one ad-libbing and I'll be doing that to basically show you where things might have been handled differently or the various ways a particular part of it could have been done and still have been correct.
[05:12.000 --> 05:29.000] But most of all, you will see how the prosecutor and the judge absolutely refuse to obey their duties under the law, thus proving that the laws they're using don't apply.
[05:29.000 --> 05:44.000] And at the same time, fail to completely understand where their jurisdiction comes from, how it exists, if and when it ever exists.
[05:44.000 --> 06:12.000] But by the time we get this case run all the way through the county court at law number one, if the judge there, which is Judge Phillips, if my understanding is correct, is actually the judge that everyone says he is, then he will also deny my appeal and it will go from him to the third court of appeals where hopefully the IQ level is a tad bit higher.
[06:12.000 --> 06:20.000] Now, let me explain again exactly what the scenario is with the traffic court.
[06:20.000 --> 06:23.000] It works like this.
[06:23.000 --> 06:33.000] The system under which they operate is set up to intentionally deprive you of due process.
[06:33.000 --> 06:41.000] And the reason we know this is by the actions the court and the prosecution engage in.
[06:41.000 --> 06:43.000] Now, what do I mean by that?
[06:43.000 --> 06:48.000] We started going over this in class this Sunday and we're going to finish it next Sunday.
[06:48.000 --> 07:02.000] So if you came this past Sunday, don't fail to come next Sunday because we will be continuing listing the reasons why this case can't be a criminal venue case.
[07:02.000 --> 07:20.000] And what we're using is we're using the code of criminal procedure, the government code and the Texas Constitution and the transportation code to prove beyond a shadow of a doubt this case cannot be a criminal venue case.
[07:20.000 --> 07:30.000] Now, if this is not a criminal venue case, then the municipal courts have zero jurisdiction over it.
[07:30.000 --> 07:32.000] Zero.
[07:32.000 --> 07:49.000] They only have criminal jurisdiction in fine only misdemeanor cases involving state law or fine only offenses under municipal ordinance.
[07:49.000 --> 07:51.000] That's it.
[07:51.000 --> 07:56.000] They don't have civil jurisdiction to hear these cases.
[07:56.000 --> 08:05.000] So the only thing they can do of a civil nature is to determine their lack of jurisdiction.
[08:05.000 --> 08:11.000] So how do we make this argument that this is not a criminal case?
[08:11.000 --> 08:18.000] In order for there to be a criminal case, state has to prove standing in the criminal venue.
[08:18.000 --> 08:27.000] There has to be an activity over which state has authority for there to be an issue.
[08:27.000 --> 08:36.000] State has to prove on the record that that activity, whatever it may have been that constitutes the criminal activity, was being engaged in.
[08:36.000 --> 08:50.000] For instance, if the state had to prosecute someone for armed robbery, they would have to prove the individual did more than walk into the convenience store that got robbed.
[08:50.000 --> 08:59.000] They would actually have to prove that one, a robbery had taken place or had been attempted.
[08:59.000 --> 09:10.000] Two, that there was in fact a weapon, a lethal weapon involved that would constitute the armed part of the robbery.
[09:10.000 --> 09:12.000] Okay, it would have to be a deadly weapon.
[09:12.000 --> 09:18.000] That's part of the elemental criteria of the offense.
[09:18.000 --> 09:37.000] Then they would have to prove that the accused individual was the one that wielded the deadly weapon or participated in such an act as an accomplice to someone else wielding a deadly weapon for the purpose of robbing the store of some property,
[09:37.000 --> 09:43.000] whether it be money or goods, it wouldn't matter.
[09:43.000 --> 09:47.000] But those are the elements that state would have to show.
[09:47.000 --> 10:07.000] State would have no standing to prosecute anybody if state could not first show that a robbery had actually taken place or an attempted robbery had actually taken place.
[10:07.000 --> 10:09.000] You see what is going on?
[10:09.000 --> 10:13.000] The same thing applies to these transportation issues.
[10:13.000 --> 10:29.000] State must prove that the regular activity of transportation or an attempt to engage in the regular activity of transportation was actually being perpetrated.
[10:29.000 --> 10:38.000] If they don't do that, they don't prove standing in the criminal capacity.
[10:38.000 --> 10:40.000] That's clue number one.
[10:40.000 --> 10:42.000] This is not a criminal case.
[10:42.000 --> 10:49.000] There is no standing by state on the record proving criminal capacity.
[10:49.000 --> 11:06.000] Number two, if this were actually a criminal case, then the court would have to follow specific procedures in the code of criminal procedure and they never do.
[11:06.000 --> 11:10.000] Let's go down the list of what they don't do.
[11:10.000 --> 11:32.000] First and foremost, under 543.001, we see the authority to arrest without warrant given to some peace officer to use against someone committing a violation of subtitle C of the transportation code, which only encompasses chapters 541 through 600.
[11:32.000 --> 11:34.000] Okay?
[11:34.000 --> 11:56.000] Within 543, the officer is given the leeway to A, take someone immediately before magistrate, if they refuse to sign the citation or demand an immediate appearance, or B, he can issue the citation and release the person arrested from custody once they sign the promise to appear.
[11:56.000 --> 11:58.000] That's all there is to that.
[11:58.000 --> 12:00.000] Okay?
[12:00.000 --> 12:09.000] We then go from that moment of the stop to what happens when you comply with the notice to appear.
[12:09.000 --> 12:18.000] And that provision is specifically dealt with in two sections or two articles of the code of criminal procedure.
[12:18.000 --> 12:46.000] The first one is 27.14D, where it specifically says that they can use the citation as the complaint if and only if the person to whom the citation was issued will sign a waiver that must be co-signed by the attorney for the state and submits it to the court.
[12:46.000 --> 12:51.000] They can't just arbitrarily declare they're going to use the citation.
[12:51.000 --> 13:04.000] There has to be a signed waiver with the signatures of both the accused individual and the attorney for the state before 27.14D can be operative.
[13:04.000 --> 13:24.000] Now, the other problem with 27.14D is that when they attempt to use this citation as a complaint, it violates 45.019F and it violates Article 5, Section 12B, Texas Constitution.
[13:24.000 --> 13:36.000] It also violates Article 1.05 of the Code of Criminal Procedure. Why? Because the citation does not constitute a complaint.
[13:36.000 --> 13:46.000] A citation does not vest the court with jurisdiction of the cause, only an indictment or information does that according to Article 5, Section 12B.
[13:46.000 --> 14:02.000] And it violates Article 1.05 of the Code of Criminal Procedure wherein you as the accused are entitled to have a written copy of the nature and cause being alleged against you.
[14:02.000 --> 14:07.000] The citation does not cite a nature and cause.
[14:07.000 --> 14:28.000] It simply lists a single word or five of a particular offense the officer is alleging you committed, but that citation does not contain any of the necessary elements required to be proven at trial to even remotely constitute a valid charging instrument.
[14:28.000 --> 14:45.000] Now, the problem that creates under 27.14D is in order to do what that says to give the court jurisdiction to enter the plea on the citation, what instrument vested the court with jurisdiction of the cause?
[14:45.000 --> 15:08.000] The citation alone can't do that. That's why it can't substitute for a complaint, but at the same time a complaint can't do that because it can't substitute for a valid charging instrument, which is an indictment or information according to both the Texas Constitution and the Code of Criminal Procedure.
[15:08.000 --> 15:35.000] So, the only way the court can be vested with jurisdiction of the cause is if an indictment and information exists. Hence, till that happens, there is no issue before the court to which someone can be forced to plea and upon which a ruling can be entered for any purpose other than dismissing the case for lack of jurisdiction.
[15:35.000 --> 16:01.000] Okay? Now, the other problem this creates under 27.14D, besides the fact that it does invest the court with jurisdiction of the cause, it doesn't contain any of the necessary elements, is that 27.14D specifically states that if the individual fails to appear in compliance with the notice to appear on the citation,
[16:01.000 --> 16:18.000] the only authority granted to the court is to secure a complaint. That's it. There's no authority under 27.14D to issue a warrant of arrest for failure to appear.
[16:18.000 --> 16:28.000] Same thing applies in 15.17G, which is the second location dealing with the promise to appear on the citation, the notice to appear.
[16:28.000 --> 16:35.000] And in 15.17G it very clearly reads, which I will get to on the other side of this break.
[16:35.000 --> 16:53.000] So, hang on folks, I'll be right back. This is Rule of Law Radio. Call in number 512-646-1984, but I would recommend you wait for just another couple of segments or so because I do have some of this to go through and I want to be able to get it covered because this is becoming very important.
[16:53.000 --> 17:00.000] We'll be right back on the other side of the breaks. This is Eddie Craig. Hang in there.
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[19:14.000 --> 19:21.000] Alright folks, we are back. This is ruleoflawradio. This is your host Eddie Craig on The Monday Night Traffic Show.
[19:21.000 --> 19:27.000] Alright, what I was discussing was 15.17G of the Code of Criminal Procedure.
[19:27.000 --> 19:35.000] In that article it specifically says that when an individual appears in compliance with a notice to appear on a citation,
[19:35.000 --> 19:46.000] the court, meaning the magistrate, shall perform all of the duties of this article, meaning all of 15.17G.
[19:46.000 --> 19:53.000] That means that he must read you your rights. That means that he must determine whether or not English is your first language.
[19:53.000 --> 20:00.000] He must provide you with an interpreter if it is necessary. He has to determine whether or not you are hard of hearing,
[20:00.000 --> 20:08.000] blind or dumb in such a way that he can provide you with someone that can do sign language,
[20:08.000 --> 20:16.000] someone that can do whatever you need in order to assist you in this process.
[20:16.000 --> 20:26.000] And then and only then can they proceed to issue an order requiring you to appear at a later date for the purpose of arraignment.
[20:26.000 --> 20:33.000] Okay? Your first appearance in court is not a frickin' arraignment.
[20:33.000 --> 20:44.000] It absolutely is not an arraignment. That is not the procedure. Yet it's exactly what they try to get you to do.
[20:44.000 --> 20:50.000] Not only that, these idiots try to get a clerk to do it.
[20:50.000 --> 20:58.000] How many of you have gone into one of these courts, any of these courts? And the clerk says, well, how would you like to plead?
[20:58.000 --> 21:06.000] I wouldn't. Oh, well, you gotta plead. No, I don't. Yes, you do. If you don't, well, you should warrant for your arrest.
[21:06.000 --> 21:14.000] Well, thank you for the legal advice. Please show me your bar card. And if you can't do that, please show me who you are
[21:14.000 --> 21:24.000] so that when I ask if you're the judge and you say no, then I'm correct when I file criminal charges for impersonating a judicial officer.
[21:24.000 --> 21:32.000] Why do we say that? Because this clerk is trying to conduct a judicial proceeding and enter a plea on the record of the court,
[21:32.000 --> 21:42.000] which is a duty specifically assigned only to a magistrate, which the clerk obviously is not.
[21:42.000 --> 22:00.000] All right. Now, when you go through the rest of 15.17G, it makes it very clear that if someone has failed to appear in compliance with the notice to appear
[22:00.000 --> 22:17.000] on a citation issued under the provisions of 14.06C, the magistrate may issue a warrant. Now, what is 14.06C of the Code of Criminal Procedure?
[22:17.000 --> 22:31.000] In that specific article, 14.06C deals with citations issued in relation to class A and B misdemeanors, not class C fine onlys.
[22:31.000 --> 22:47.000] Those are in 14.06B. Talk about intentionally making things confusing. They put A's and B's in subsection C and they put C's in subsection B.
[22:47.000 --> 23:01.000] But 15.17G specifically says the authority to issue the warrant for failure to appear is related to 14.06C. It does not mention B at all,
[23:01.000 --> 23:14.000] i.e. there is no authority local and specific to the issuance of warrants that relate to class C fine only offenses in the Code of Criminal Procedure.
[23:14.000 --> 23:29.000] Yet, they issue a rest warrant in class C fine onlys. They take a provision of the Code of Criminal Procedure that doesn't exist and use it,
[23:29.000 --> 23:38.000] and the ones that do exist, they ignore, i.e. this cannot possibly be a criminal case,
[23:38.000 --> 23:49.000] because you're making up criminal law to do one thing and you're ignoring criminal procedure law to not do other things.
[23:49.000 --> 23:54.000] There's a slight conflict with this logic, in my opinion.
[23:54.000 --> 24:11.000] Now, after they perform 15.17G, which they never do, because they don't do the registration in these cases, ever, and I just say registration because that's how they refer to a 15.17 proceeding.
[24:11.000 --> 24:29.000] Now, also note that the 15.17 registration proceeding is the exact same article of the Code of Criminal Procedure governing the exact same process in the course of a prosecution
[24:29.000 --> 24:47.000] that the United States Supreme Court hammered Texas over in 2008, saying that it is mandatory that you provide people with assistance of counsel because this is an adversarial proceeding.
[24:47.000 --> 24:57.000] And yet, they don't ever do this adversarial proceeding. Just another clue, not a criminal case.
[24:57.000 --> 25:08.000] Now, if this were a criminal case, according to Article 1, Section 10, Texas Constitution, and Article 1.05 Code of Criminal Procedure,
[25:08.000 --> 25:17.000] and accused as entitled to assistance of counsel in all criminal prosecutions,
[25:17.000 --> 25:33.000] there is no distinction as to whether or not incarceration must be a part of the punishment before the right is invoked. There is no stipulation that the right is invocable only under certain types of criminal offenses.
[25:33.000 --> 25:52.000] It says all, a, l, l. Yet, this is the Bill Clinton, what is the definition of his argument, all over again. All means every single one.
[25:52.000 --> 26:08.000] Now, since that's written into the Texas Constitution and it's written into the Code of Criminal Procedure without any gray area whatsoever, we now come to Article 1, Section 29 of the Bill of Rights in the Texas Constitution,
[26:08.000 --> 26:23.000] which says that if any Department of Government through the use of their general powers attempts to violate any provision of the Bill of Rights or any other of the following provisions in the Texas Constitution,
[26:23.000 --> 26:29.000] then that act is null and void on its face. Completely null and void.
[26:29.000 --> 26:43.000] So that would mean that any court in Texas that made a ruling that said we're not entitled to the assistance of counsel because incarceration is not a part of the punishment,
[26:43.000 --> 26:57.000] is obviously violating the specific language of Article 1, Section 10 and Article 1.05 of the Code of Criminal Procedure, and according to Article 1, Section 29 of the Texas Constitution, that opinion is void.
[26:57.000 --> 27:10.000] The moment it was issued, it was void. It cannot be binding on any lower court, and any lower court that enforces it is acting in a criminal capacity by doing so.
[27:10.000 --> 27:19.000] No court can be bound by an obviously illegal or illegitimate higher court decision.
[27:19.000 --> 27:32.000] That would amount to the Auschwitz trials. I only did what I was told. That's not a defense, people. It's not for us. It is not one for the courts.
[27:32.000 --> 27:45.000] Okay? Now, not only have they denied us the assistance of counsel in this particular regard, they're also attempting to deprive us of the right of notice.
[27:45.000 --> 27:59.000] Notice is written into the Code of Criminal Procedure specifically in Article 1.14. It's written into Article 45.018b. It's written into 45.019f.
[27:59.000 --> 28:11.000] Okay? We are entitled to notice. Now, that right exists no matter what. It doesn't matter if it's codified in statute or not.
[28:11.000 --> 28:19.000] So, these are our rights in a criminal prosecution, whether the statute wrote them down or not.
[28:19.000 --> 28:30.000] Now, not only are we entitled to notice, but we're entitled to notice in the form of a written notification.
[28:30.000 --> 28:42.000] We're entitled to notice what does the words and have a copy thereof mean. The only way you can give me a copy of something is to physically give it to me.
[28:42.000 --> 28:55.000] You can't verbalize it and say, there's your copy. It's in your memory now. That's your copy. You have to give me something in writing.
[28:55.000 --> 29:13.000] That brings us to 25.04 Code of Criminal Procedure, where it specifically reads, the state is not required to provide the accused with a copy of the indictment or information prior to trial.
[29:13.000 --> 29:21.000] That statute flies right in the face of the right to notice, hence the right to do process.
[29:21.000 --> 29:32.000] What the legislature attempted to do in 25.04 is relieve the state of its burden to provide proper notice to the accused.
[29:32.000 --> 29:43.000] And they can't do that. It violates the law of the land. And what the legislature passes is not the law of the land.
[29:43.000 --> 29:51.000] All right, folks. We'll continue this on the other side. This is Eddie Craig, Deborah Stevens, Randy Kelton, The Monday Night Traffic Show.
[29:51.000 --> 30:00.000] Call in number 512-646-1984. We'll be right back on the other side of this break.
[30:00.000 --> 30:07.000] A noble lie, Oklahoma City, 1995 will change forever the way you look at the true nature of terrorism.
[30:07.000 --> 30:11.000] Based on the damage pattern to the building, but the government sends impossible.
[30:11.000 --> 30:15.000] The country did not want to hear anything I had to say.
[30:15.000 --> 30:18.000] The decision was made not to pursue any more of those individuals.
[30:18.000 --> 30:23.000] Some of these columns were ripped up, shredded, tossed around.
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[31:01.000 --> 31:10.000] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy, and neither is finding like-minded people to share it with.
[31:10.000 --> 31:13.000] Oh, well, I guess you haven't heard of Brave New Books then.
[31:13.000 --> 31:14.000] Brave New Books?
[31:14.000 --> 31:21.000] Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and G. Edward Griffin.
[31:21.000 --> 31:25.000] They even stock Interfood, Burkey products, and Calvin Soaps.
[31:25.000 --> 31:27.000] There's no way a place like that exists.
[31:27.000 --> 31:33.000] Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south in UT.
[31:33.000 --> 31:36.000] Oh, by UT? There's never anywhere to park down there.
[31:36.000 --> 31:44.000] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[31:44.000 --> 31:48.000] It does exist, but when are they open?
[31:48.000 --> 32:02.000] Monday through Saturday, 11 a.m. to 9 p.m., and 1 to 6 p.m. on Sundays. So give them a call at 512-480-2503, or check out their events page at BraveNewBookstore.com.
[32:02.000 --> 32:12.000] Live, free speech radio, LogosRadioNetwork.com.
[32:12.000 --> 32:25.000] Yeah, I got that warrant, and I gonna solve them, to the government them, prosecute them.
[32:25.000 --> 32:29.000] Okay.
[32:29.000 --> 32:44.000] Alright folks, we are back. This is Rule of Law Radio.
[32:44.000 --> 32:59.000] Alright folks, we are back. This is Rule of Law Radio.
[32:59.000 --> 33:06.000] Alright, I'm going over why a traffic citation in Texas is not a criminal case.
[33:06.000 --> 33:12.000] Francis, I see you there on the board. Please hang on. I will get to you as soon as I get through this.
[33:12.000 --> 33:18.000] It may take me another segment or two, but please don't drop off, or if you do, please call back in.
[33:18.000 --> 33:21.000] Okay, let's continue on.
[33:21.000 --> 33:33.000] Now, since they're violating this right of notice with 25.04, obviously our due process rights are being violated, hence the courts being deprived of jurisdiction.
[33:33.000 --> 33:39.000] If the courts being deprived of jurisdiction because of a violation of law, then there is no case.
[33:39.000 --> 33:50.000] So it's neither civil nor criminal, i.e. it's a non-case, and therefore it reverts the civil only for the purpose of determining the court's jurisdiction.
[33:50.000 --> 33:57.000] And since the court's the one that violated the right, the court can't possibly have jurisdiction.
[33:57.000 --> 34:09.000] Okay, they can't be both the perpetrator of the criminal act and the one that gets to decide whether or not their act was actually criminal.
[34:09.000 --> 34:14.000] Okay, imagine how many bank robbers would love to have that little power put into their hands.
[34:14.000 --> 34:20.000] Oh, my act wasn't criminal. I was broke. I needed the money. It was completely justified.
[34:20.000 --> 34:32.000] Now, that's exactly the logic these municipal court and JP court judges are using when they try to maintain jurisdiction even after they have violated a right.
[34:32.000 --> 34:35.000] Okay, it's absolutely criminal.
[34:35.000 --> 34:43.000] Now, not only have they failed to provide proper notice 99 times out of 100, and here's how they do that.
[34:43.000 --> 34:48.000] There are only three methods of proper service that provide notice in Texas.
[34:48.000 --> 34:57.000] Hand delivery in open court, hand delivery by a process server, and certified mail return receipt requested.
[34:57.000 --> 35:09.000] The courts will tell you flat out they don't do any of these, or they will attempt to use number one service in open court during an actual proceeding.
[35:09.000 --> 35:12.000] Slight problem with number one.
[35:12.000 --> 35:20.000] Number one is the one that is absolutely unavailable to municipal and justice courts.
[35:20.000 --> 35:31.000] Why? Because it intentionally and specifically violates the provisions of 45.018B of the Code of Criminal Procedure.
[35:31.000 --> 35:51.000] In that section or that article, we are given the protected right of we are entitled to a copy of the complaint no later than one day prior to any proceeding in the prosecution under that complaint.
[35:51.000 --> 36:06.000] So if I'm entitled to it the day before any proceeding, then how can you not violate 45.018B by serving me during the proceeding?
[36:06.000 --> 36:10.000] It's an impossibility, both physically and legally.
[36:10.000 --> 36:13.000] You can't, okay?
[36:13.000 --> 36:27.000] If you've got me in court for some proceeding relating to the case and you have not provided me notice and I have not waived it, you have violated 45.018B.
[36:27.000 --> 36:43.000] Hence, the court by upholding the prosecution's failure to provide proper notice now aids and abets a criminal act of deprivation of a protected right by the prosecution.
[36:43.000 --> 36:46.000] That means the court loses jurisdiction.
[36:46.000 --> 36:50.000] It violated the right of due process.
[36:50.000 --> 36:53.000] Its jurisdiction is gone.
[36:53.000 --> 36:57.000] Now that doesn't mean the court's going to recognize that fact.
[36:57.000 --> 37:11.000] That means you need to make a record of it so that the appeals court is notified of that fact and can come back down on this lower court with hobnail boots.
[37:11.000 --> 37:21.000] And when they do, they set up the lower court and the prosecutor for a malicious prosecution lawsuit.
[37:21.000 --> 37:24.000] It's not hard. It's not rocket science.
[37:24.000 --> 37:31.000] It's just simple understanding of the right you have and what they're trying to do to deprive you of them.
[37:31.000 --> 37:37.000] Again, I told you this system is intentionally designed to deprive you of due process.
[37:37.000 --> 37:42.000] And the more we go through each piece of this, the more that's going to become obvious.
[37:42.000 --> 37:52.000] So not only is the court aiding and abetting the prosecution and denying you in the right of notice, which is protected as a due process right.
[37:52.000 --> 37:53.000] Okay.
[37:53.000 --> 38:05.000] They're also acting in concert and collusion to further that deprivation again under color of law because they're telling us it's a criminal matter.
[38:05.000 --> 38:14.000] When in fact they have yet to prove on the record standing in a criminal venue or that any of the criminal rules apply.
[38:14.000 --> 38:26.000] Again, you've told me the game we're playing is monopoly and you tell me that I must use the monopoly rules during the game.
[38:26.000 --> 38:42.000] Meanwhile, you get to play by checkers rules and you get to hop all over the board doing whatever you want with your checker pieces while I have to move according to the rules of monopoly and not going to work.
[38:42.000 --> 38:49.000] We're either playing by the same rules or we're playing by no rules at all.
[38:49.000 --> 38:59.000] Either of those cases due process is not being had, nor is it being protected.
[38:59.000 --> 39:00.000] Okay.
[39:00.000 --> 39:08.000] Now, when we get beyond the lack of notice issue, let's also talk about notice to appear in court.
[39:08.000 --> 39:20.000] If this were a criminal case, then the court would have been required to summon me properly under the provisions of chapter 23 of the code of criminal procedure.
[39:20.000 --> 39:24.000] In other words, the summons would have to look like a capious warrant.
[39:24.000 --> 39:28.000] It would have to begin in and by the authority of the state of Texas.
[39:28.000 --> 39:45.000] It would have to list the criminal act of which I'm accused, the date and place and time to appear before the court, the reason I'm being required to appear before the court, and it would have to be directed to me as the accused individual that I am required to appear in said court.
[39:45.000 --> 40:11.000] We're not getting a summons. We're getting a form letter that in absolutely no way shape or form complies with the provisions of chapter 23 regarding a proper judicial summons, i.e., this cannot be a criminal case because it does not comply with a criminal summons that starts a criminal proceeding.
[40:11.000 --> 40:12.000] Okay.
[40:12.000 --> 40:18.000] There's been no criminal proceeding initiated in this case. This can't be criminal.
[40:18.000 --> 40:20.000] All right.
[40:20.000 --> 40:29.000] So not only have they not complied with chapter 23 on the summons, they also have not complied with article 2.05.
[40:29.000 --> 40:38.000] Article 2.05 was put into place and it specifically requires that in all misdemeanor cases and information must be filed.
[40:38.000 --> 40:47.000] Must is a command. It is not an option. It commands them to create an information.
[40:47.000 --> 41:00.000] But it gives a provisio provided that in counties having no county attorney, the prosecution may proceed upon complaint alone.
[41:00.000 --> 41:05.000] That has another provisio attached to it.
[41:05.000 --> 41:07.000] Okay.
[41:07.000 --> 41:17.000] And it specifically goes into everything regarding the requirement of the complaint and the proper filing of an information in relation to that complaint.
[41:17.000 --> 41:21.000] They don't do anything in 2.05 either.
[41:21.000 --> 41:31.000] The municipal court never files an information and the JP courts rarely file an information. Rarely.
[41:31.000 --> 41:32.000] Okay.
[41:32.000 --> 41:42.000] Now, the other problem is if this were a criminal proceeding, state would have to appear by council.
[41:42.000 --> 41:48.000] And there would have to be an original pleading submitted by council.
[41:48.000 --> 41:58.000] 27.01 code of criminal procedure says an indictment or information in a criminal matter is the original pleading by the state.
[41:58.000 --> 42:00.000] Okay.
[42:00.000 --> 42:05.000] Well, state never enters a pleading. Never do in these cases.
[42:05.000 --> 42:11.000] No one files the original pleading except occasionally in a JP court.
[42:11.000 --> 42:18.000] The municipal court never has a pleading filed signed by an attorney. Never.
[42:18.000 --> 42:22.000] So who is acting on behalf of the state?
[42:22.000 --> 42:30.000] The state made an appearance through who? There's no attorney signature saying I'm here to represent the state.
[42:30.000 --> 42:32.000] None.
[42:32.000 --> 42:41.000] Therefore, the legal entity styled as the state of Texas on all the paperwork stood unrepresented in the court.
[42:41.000 --> 42:54.000] Now, the other problem for a municipal attorney in this is that the legislature tried to grant them the power to represent the state in 45.201 of the code of criminal procedure.
[42:54.000 --> 43:09.000] The problem is, is the legislature doesn't have the authority to grant that power to a private attorney's firm or even a permanent employee of a city?
[43:09.000 --> 43:13.000] Why? Because they are not official officers.
[43:13.000 --> 43:29.000] Not only are they not official officers, they usually have no oath and no anti bribery statement, especially if the city attorney is actually a hired gun outside law firm that only occasionally works for the city in certain capacities.
[43:29.000 --> 43:36.000] No oath of office, no anti bribery statement, absolutely no authority to act on behalf of the state.
[43:36.000 --> 43:38.000] None.
[43:38.000 --> 43:43.000] Alright folks, we have another break coming up. Francis, I still see you there. Please hang on.
[43:43.000 --> 43:52.000] This is Rule of Law Radio, the Monday night traffic show. This is July 23rd, 2012 with your host, Eddie Craig, David Stevens and Randy Kelton.
[43:52.000 --> 44:19.000] We will be right back after this break.
[44:23.000 --> 44:28.000] Thousands have won with our step by step course and now you can too.
[44:28.000 --> 44:34.000] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[44:34.000 --> 44:43.000] 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.
[44:43.000 --> 44:52.000] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics and much more.
[44:52.000 --> 45:01.000] Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[45:01.000 --> 45:09.000] The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
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[46:25.000 --> 46:29.000] Alright folks, we are back. This is Rule of Law Radio.
[46:29.000 --> 46:37.000] Alright, I am going through why traffic tickets are not criminal cases, despite what these idiots want us to believe.
[46:37.000 --> 46:51.000] Now, what we've gotten into so far is the Code of Criminal Procedure in parts of the Texas Constitution and the Bill of Rights that make it very clear that this cannot be a criminal case if these things are not being followed.
[46:51.000 --> 47:02.000] So what do we keep doing here? We keep going through this step by step until we make somebody understand and listen by suing the living crap out of everybody involved in the case, which is exactly what I'm moving forward with doing.
[47:02.000 --> 47:13.000] Which, by the way, folks, we still need your donations to help support the lawsuit that we're going to pursue after the appeals court overturns the trial court.
[47:13.000 --> 47:31.000] So please, if you've got a little bit of extra money, five, ten dollars a month, whatever, just please don't forget to donate that in so we can keep that legal fund building because it's going to cost several thousand dollars to see this suit through to the end and we really need your help to do that.
[47:31.000 --> 47:40.000] And remember, this suit is going to benefit everyone, not just me. It will benefit everyone.
[47:40.000 --> 47:49.000] So it's important that you participate to make it a reality. It is beyond my financial means to do this alone.
[47:49.000 --> 47:52.000] Now, let's continue on with this.
[47:52.000 --> 48:13.000] Okay, if this were a criminal matter, the Code of Criminal Procedure would apply. We've gone through various articles so far, including Chapter 23, where they have the lack of summons, 2.05 lack of a proper information, the fact that the city attorney can't sign an information.
[48:13.000 --> 48:39.000] How do we know this? Because in Chapter 21 of the Code of Criminal Procedure, it goes into indictments and information. It says how they must be formed, what they must contain, and it specifically states two very important things, that it must be signed by a proper officer and it must be signed by the county or district attorney in their official capacity.
[48:39.000 --> 48:51.000] That specifically leaves the city attorney standing out in the cold turning blue. Okay? He can't sign an information.
[48:51.000 --> 49:15.000] Therefore, there's nothing that vests the court with jurisdiction to do anything except dismiss without the charging instrument. There is no legal issue before the court, criminal or civil.
[49:15.000 --> 49:34.000] If there is no issue before the court, any act the court pursues other than to declare lack of jurisdiction and a dismissal is acting without any jurisdiction at all.
[49:34.000 --> 49:55.000] That means no immunity. If the judge does anything except dismiss the case when they have no jurisdiction, then the judge is acting without authority. That makes them liable.
[49:55.000 --> 50:20.000] And that is what we want. We will let them live on their illusions all they want to until we have sealed up all the sides of the box, put the packing tape on it, Christmas wrapped it, and delivered it to the federal courts in the form of a lawsuit against these ignoramuses in these state courts.
[50:20.000 --> 50:35.000] It's what I keep trying to get people in class to understand. I may get arrested at a traffic stop and the whole time I'm sitting in jail, I'm keeping track of the time going one minute, thousand dollars, two minutes, thousand dollars, three minutes, thousand dollars.
[50:35.000 --> 50:45.000] I'm on the clock, folks. I'm getting paid when this is over. And somebody else is going to pay.
[50:45.000 --> 50:56.000] So I'm working. They haul me to jail in a traffic stop. I'm actually working. And I'm all for that. I get paid a lot better that way than I would dig in a ditch somewhere, trust me.
[50:56.000 --> 51:06.000] So why wouldn't I do it? Why would I care? But not everyone's cut out to go to jail and put up with it for however many hours and so on and so forth.
[51:06.000 --> 51:20.000] But hey, that's what I'm here for, right? To take the bumps and bruises for everybody else. So please help me do that the right way and fund this case so that we can make it where they will leave us alone.
[51:20.000 --> 51:27.000] That's the goal, isn't it? Leave us alone.
[51:27.000 --> 51:33.000] But folks, this is your golden opportunity to make that happen. So make use of it.
[51:33.000 --> 51:37.000] Now, let's go a little more into this.
[51:37.000 --> 51:52.000] Not only have they failed to provide an information and an indictment, not only has the prosecuting attorney for the state, which can only be the county or district attorney, failed to sign the information because it doesn't exist.
[51:52.000 --> 52:08.000] For all those reasons previously stated and these, this is not a criminal case. Why? Because these are required accoutrements to a criminal case and they aren't here.
[52:08.000 --> 52:24.000] Okay. That is akin to somebody telling you they've got a really nice gold necklace to sell you and there is not an atom of gold in it anywhere.
[52:24.000 --> 52:32.000] It isn't even the color of gold. They hold it up and immediately you can see it's a nickel plated piece of tin.
[52:32.000 --> 52:40.000] Well, that's not gold. Yes, it is. I said it was. It's gold because I said so. Please give me the same money you would as if this were gold.
[52:40.000 --> 52:48.000] This is what these traffic courts are trying to sell you in the form of jurisdiction. Oh, I have jurisdiction. Absolutely.
[52:48.000 --> 53:05.000] Excuse me, judge, your claim of jurisdiction in no way proves you have it. I can claim to be pharaoh. That doesn't make me pharaoh.
[53:05.000 --> 53:25.000] Okay. So you're required once your jurisdiction is challenged to prove that there is an issue before the court over which you would have proper jurisdiction and that there is someone appearing before the court over which you have proper jurisdiction.
[53:25.000 --> 53:46.000] And if you can't do that, then I want you to dismiss this case. If you don't do that, then I want you to screw up so bad that you will never forget the footprint I'm going to leave on your backside in the form of this lawsuit.
[53:46.000 --> 54:02.000] So I leave the choice up to you. Dismiss or proceed. But be aware that I am aware.
[54:02.000 --> 54:24.000] He's not going to like it. She's not going to like it. I don't care. These are my rights and you, my servant, will not be allowed to freely trespass upon them without retribution from me from your attempted act.
[54:24.000 --> 54:37.000] Okay. You work for me. You don't get to steal from me. You don't get to abuse me. You don't get to ignore my directives to you to leave me alone.
[54:37.000 --> 54:54.000] And when you do, you and I will have a problem. That problem will be you're going to owe me a lot of money and the other people are going to have to pay for it right alongside you because I'm not going to sue just you.
[54:54.000 --> 55:18.000] I want to sue everybody you work for, everybody you work with and everybody that has touched this tar baby from ground zero to the top of the state. And guess how many of those people are going to come down on your head for being stupid enough to make me do it?
[55:18.000 --> 55:47.000] Hmm. See, folks, when you think about this, the hopelessness of the situation is to not look so hopeless. We need to stop having the defeatist attitude that they want us to have. They absolutely want us to have that attitude because as long as we feel like there is no solution, we will never try to get a solution.
[55:47.000 --> 56:06.000] This is where apathetic America comes in. It's what we need to stop being. We need to become proactive. We need to learn what our rights are to such a degree that it goes beyond what we think the Constitution protects.
[56:06.000 --> 56:31.000] We need to know what our rights are in the legal arena. We need to study law as much as we study anything else in life. Why? Because as a friend and I were discussing today, the odds of you making it through life at this point forward without the need to understand some litigious process before you die is slim to none.
[56:31.000 --> 56:52.000] They are attempting to use color of law to take away everything we have, every right we exercise, and turn it into a privilege. How do you expect to prevent that when you never had a clue what a right was to begin with?
[56:52.000 --> 57:05.000] How are you going to prevent that when you don't know what the rules of the game are that they must play by if they're telling you that you must play by them?
[57:05.000 --> 57:20.000] The rules work both ways. You can't apply rule section A to B and rule section B to U when we're both doing things from section A.
[57:20.000 --> 57:24.000] It just won't work.
[57:24.000 --> 57:29.000] So it's up to us to make that reality happen.
[57:29.000 --> 57:43.000] I cannot for the life of me understand as many people as we have listening to this show, especially in the Austin area, I'm hoping, why the Sunday class is not packed.
[57:43.000 --> 57:46.000] I cannot understand that.
[57:46.000 --> 57:54.000] I get enough phone calls every day, people wanting. I get enough emails every day about people wanting.
[57:54.000 --> 58:06.000] Why aren't you in the class? Why are you waiting till they kick you in the teeth before you show up to become knowledgeable enough to fight back?
[58:06.000 --> 58:11.000] That's not reasonable. That's not thinking. That's not planning.
[58:11.000 --> 58:16.000] We've got to change the way we do things, folks. We really, really do.
[58:16.000 --> 58:24.000] Alright, Francis, I'll pick you up on the other side of this break. Call in number 512-646-1984.
[58:24.000 --> 58:28.000] This is Rule of Law Radio, the Monday Night Traffic Show with your host Eddie Craig.
[58:28.000 --> 58:50.000] We'll be right back on the other side of this break.
[58:50.000 --> 58:58.000] The Oklahoma City Bombing. Top 10 reasons to question the official story. Reason number one, John Doe number two, and other accomplices.
[58:58.000 --> 59:06.000] On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the Ryder truck report that he was accompanied by other perpetrators.
[59:06.000 --> 59:14.000] The FBI and federal prosecutors insist that Tim McVeigh alone delivered the Ryder truck bomb to the Murr Building and detonated it.
[59:14.000 --> 59:22.000] 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,
[59:22.000 --> 59:28.000] testified that she saw McVeigh with another man, the faithful John Doe number two, exiting the Ryder truck.
[59:28.000 --> 59:33.000] While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing,
[59:33.000 --> 59:42.000] no less than 226 witnesses placed him with other men in the days before the bombing, including when he rented the Ryder truck.
[59:42.000 --> 59:46.000] And in some cases, have positively identified the other perpetrators.
[59:46.000 --> 59:51.000] For more information, please visit okcbombingtruth.com.
[59:51.000 --> 01:00:00.000] You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:00:00.000 --> 01:00:13.000] Head of Files. They live and hunt in our midst, prompting some to call for forced microchipping and tracking.
[01:00:13.000 --> 01:00:16.000] I'm Dr. Catherine Albrecht. In a moment, I'll tell you why chipping even the most heinous offenders is a very bad idea.
[01:00:16.000 --> 01:00:22.000] Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:22.000 --> 01:00:27.000] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.000 --> 01:00:33.000] So protect your rights. Say no to surveillance and keep your information to yourself.
[01:00:33.000 --> 01:00:35.000] Privacy. It's worth hanging on to.
[01:00:35.000 --> 01:00:42.000] This message is brought to you by StarkPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:00:42.000 --> 01:00:46.000] Start over with StarkPage.
[01:00:46.000 --> 01:00:51.000] In our surveillance mad society, there's a wise Chinese proverb we should keep in mind.
[01:00:51.000 --> 01:00:55.000] The fire you kindle for your enemy often burns you more than it burns him.
[01:00:55.000 --> 01:01:00.000] Chipping pedophiles might sound like a good idea until we realize it won't stop there.
[01:01:00.000 --> 01:01:04.000] First, pedophiles, then drug dealers, then drunk drivers and tax cheats,
[01:01:04.000 --> 01:01:08.000] and finally that guy who built a deck on the back of his house without the right permit.
[01:01:08.000 --> 01:01:14.000] Next, they'll tag nuclear workers, food workers, then teachers, and eventually they'll come for us all.
[01:01:14.000 --> 01:01:17.000] No matter how good forced chipping looks, we must say no.
[01:01:17.000 --> 01:01:23.000] Big Brother has surrounded us with dried kindling, and he's hangering for a match. Let's not hand it to him.
[01:01:23.000 --> 01:01:28.000] I'm Dr. Catherine Albrecht for StarkPage.com, the world's most private search engine.
[01:01:34.000 --> 01:01:38.000] The Indian government may be wiping the smile off of Colgate's face.
[01:01:38.000 --> 01:01:44.000] Activists claim the toothpaste giant patented an ancient Indian recipe they've been using for thousands of years.
[01:01:44.000 --> 01:01:48.000] I'm Dr. Catherine Albrecht, so I'll be back in a moment to tell you more.
[01:01:48.000 --> 01:01:50.000] Privacy is under attack.
[01:01:50.000 --> 01:01:54.000] When you give up data about yourself, you'll never get it back again.
[01:01:54.000 --> 01:01:59.000] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:59.000 --> 01:02:04.000] So protect your rights. Say no to surveillance and keep your information to yourself.
[01:02:04.000 --> 01:02:07.000] Privacy, it's worth hanging on to.
[01:02:07.000 --> 01:02:14.000] This message is brought to you by StarkPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[01:02:14.000 --> 01:02:17.000] Start over with StarkPage.
[01:02:17.000 --> 01:02:26.000] Is Colgate a copycat? Indian activists say the company's newly minted patent for tooth powder is an ancient recipe, and they plan to fight it.
[01:02:26.000 --> 01:02:30.000] Colgate is brushing this off. It claims a new twist on the traditional formula.
[01:02:30.000 --> 01:02:37.000] The patent calls for red iron oxide instead of red ochre, but red ochre contains iron oxide. Hmm.
[01:02:37.000 --> 01:02:44.000] The threatened patent challenge could have teeth. In 1995, India fought U.S. efforts to patent turmeric, India won.
[01:02:44.000 --> 01:02:50.000] In the meantime, India is documenting 30 million web pages worth of its ancient herbal formulas.
[01:02:50.000 --> 01:02:55.000] Officials hope this step will prevent companies like Colgate from patenting India's age-old recipes.
[01:02:55.000 --> 01:03:02.000] I'm Dr. Catherine Albrecht for StarkPage.com, the world's most private search engine.
[01:03:02.000 --> 01:03:21.000] Music
[01:03:21.000 --> 01:03:25.000] Alright folks, we are back. This is Rule of Law Radio.
[01:03:25.000 --> 01:03:27.000] Right now, we're going to start taking your calls.
[01:03:27.000 --> 01:03:32.000] Again, the call in number 512-646-1984.
[01:03:32.000 --> 01:03:36.000] We have one caller up on the board, and that is Francis in Colorado.
[01:03:36.000 --> 01:03:38.000] Francis, what can we do for you?
[01:03:38.000 --> 01:03:40.000] Oh, a photo ticket.
[01:03:40.000 --> 01:03:42.000] Photo ticket?
[01:03:42.000 --> 01:03:43.000] Yes.
[01:03:43.000 --> 01:03:45.000] Well, okay.
[01:03:45.000 --> 01:03:48.000] I wasn't driving the car, and they sent in the stuff.
[01:03:48.000 --> 01:03:56.000] I responded to them within the length of time, and then they just sent back last week that they want a photocopy of my driver's license
[01:03:56.000 --> 01:03:58.000] and my registration.
[01:03:58.000 --> 01:04:01.000] And what requires you to give them that?
[01:04:01.000 --> 01:04:03.000] I have no idea.
[01:04:03.000 --> 01:04:05.000] Well, that's because there isn't anything.
[01:04:05.000 --> 01:04:10.000] I thought so, but I thought I better call you.
[01:04:10.000 --> 01:04:15.000] Yeah, I mean, let me guess. Some company in Arizona or New Jersey?
[01:04:15.000 --> 01:04:19.000] Oh, let's see. The company's in Arizona, and then they collect the money in Ohio.
[01:04:19.000 --> 01:04:24.000] Ah, okay. Neither of which have jurisdiction within Colorado.
[01:04:24.000 --> 01:04:26.000] Okay.
[01:04:26.000 --> 01:04:36.000] Okay. And again, these are outside companies that are providing information that the officer can only testify to as a matter of hearsay.
[01:04:36.000 --> 01:04:38.000] The officer cannot testify.
[01:04:38.000 --> 01:04:40.000] He can say, well, I reviewed it.
[01:04:40.000 --> 01:04:41.000] Fine.
[01:04:41.000 --> 01:04:50.000] Can you tell me the exact nature of the inner workings of the entire process, including the camera mechanism, all the electronics, how the information is stored,
[01:04:50.000 --> 01:04:55.000] retrieved, and transmitted, and break that down for the jury to understand, please?
[01:04:55.000 --> 01:04:57.000] Wow.
[01:04:57.000 --> 01:05:02.000] And then he's going to go, uh, and you're going to go, that's what I thought, too.
[01:05:02.000 --> 01:05:09.000] Move to disqualify the witness. His testimony is hearsay. He is incompetent to testify to this matter.
[01:05:09.000 --> 01:05:15.000] Next witness, we have none. Dismissed. Okay.
[01:05:15.000 --> 01:05:20.000] Okay. But I'd like to not have to go to...
[01:05:20.000 --> 01:05:24.000] Well, there's all kinds of things we would like, but...
[01:05:24.000 --> 01:05:28.000] So, it doesn't have any court date or anything. They wrote the ticket to...
[01:05:28.000 --> 01:05:31.000] No, right now they're hoping you'll just fold and pay.
[01:05:31.000 --> 01:05:34.000] Yeah, but I wasn't actually driving the car, either.
[01:05:34.000 --> 01:05:38.000] But again, who has the burden of proof to prove that you were?
[01:05:38.000 --> 01:05:39.000] They do.
[01:05:39.000 --> 01:05:40.000] Exactly.
[01:05:40.000 --> 01:05:45.000] So, why would you send them information they're going to try to use to fabricate a lie?
[01:05:45.000 --> 01:05:49.000] Okay, so do I just send them a note and just say the burden of proof is on you?
[01:05:49.000 --> 01:05:58.000] Yes. The burden of proof is on you to prove, A, I was actually behind the wheel. Don't say drive.
[01:05:58.000 --> 01:05:59.000] Okay?
[01:05:59.000 --> 01:06:01.000] Okay.
[01:06:01.000 --> 01:06:07.000] Don't say that. The burden of proof is on you to prove that I was behind the wheel.
[01:06:07.000 --> 01:06:12.000] You cannot find me guilty by association to the car.
[01:06:12.000 --> 01:06:17.000] You must prove I perpetrated the act.
[01:06:17.000 --> 01:06:19.000] Okay.
[01:06:19.000 --> 01:06:27.000] They can't unless the camera has a shot of your face, and we can always say, well, that's Photoshopped.
[01:06:27.000 --> 01:06:28.000] Well, no, it's not.
[01:06:28.000 --> 01:06:32.000] Well, I don't recall ever being there.
[01:06:32.000 --> 01:06:35.000] I got a picture, but it isn't me.
[01:06:35.000 --> 01:06:40.000] Well, again, that's exactly why they want the photo of your driver's license.
[01:06:40.000 --> 01:06:41.000] Right.
[01:06:41.000 --> 01:06:47.000] But that is you proving that you're innocent. It's not them proving that you're guilty.
[01:06:47.000 --> 01:06:51.000] Let these idiots go to court with their photograph.
[01:06:51.000 --> 01:07:03.000] And then you get on the stand and say, I would like the court to take notice that the face in the picture isn't mine.
[01:07:03.000 --> 01:07:10.000] And then what is the prosecutor going to do except, uh, judge, we would like to dismiss.
[01:07:10.000 --> 01:07:13.000] Then you get to sue for wrongful prosecution, don't you?
[01:07:13.000 --> 01:07:15.000] Oh, cool. Yeah.
[01:07:15.000 --> 01:07:18.000] So why in the world wouldn't you want to go to court?
[01:07:18.000 --> 01:07:21.000] Well, that's pretty, yeah, okay.
[01:07:21.000 --> 01:07:25.000] I was hoping I could get him on a little bit more than wrongful prosecution and get this thing stopped.
[01:07:25.000 --> 01:07:30.000] Well, until you're harmed, no.
[01:07:30.000 --> 01:07:31.000] Okay.
[01:07:31.000 --> 01:07:39.000] But that's going to be the harm is they attempt to prosecute you in the court, knowing full well they have no evidence proving it was you.
[01:07:39.000 --> 01:07:42.000] Okay.
[01:07:42.000 --> 01:08:00.000] By the way, people of America, I highly recommend you start traveling around in your car wearing Halloween masks or putting a dark strip across the top of your windshield down to the point where they cannot get a direct line of sight shot into your face.
[01:08:00.000 --> 01:08:09.000] This will hamper the red light cameras beyond all usability and force their removal because they can't pay for themselves.
[01:08:09.000 --> 01:08:12.000] Well, let me ask you that then about this windshield thing.
[01:08:12.000 --> 01:08:13.000] I've been out here.
[01:08:13.000 --> 01:08:16.000] I thought the law was somewhere about six to seven inches.
[01:08:16.000 --> 01:08:19.000] This is as much strappy as you could have across the top of your windshield.
[01:08:19.000 --> 01:08:20.000] Is that enough?
[01:08:20.000 --> 01:08:26.000] Well, that depends on the type of car for one and the angle of the windshield for two.
[01:08:26.000 --> 01:08:30.000] But if that's the case, then why doesn't your visor work?
[01:08:30.000 --> 01:08:36.000] Are they saying that your visor can't exceed six inches on the inside of your car?
[01:08:36.000 --> 01:08:40.000] Well, I think they're saying, well, that's an excellent point.
[01:08:40.000 --> 01:08:43.000] Hell, hang curtains.
[01:08:43.000 --> 01:08:44.000] Well, I thought about that, too.
[01:08:44.000 --> 01:08:53.000] I thought about carrying around a flash that would flash every time I went through it and said that the flash would obstruct my face if they tried to flash it.
[01:08:53.000 --> 01:08:55.000] Well, there's all kinds of ways to do it.
[01:08:55.000 --> 01:09:00.000] You can put, for instance, they have on these things where they try to take a picture of the license plate.
[01:09:00.000 --> 01:09:10.000] They have these sleeves you can put the plate in that basically makes it impossible to photograph the plate from anything other than a straight on angle.
[01:09:10.000 --> 01:09:22.000] Well, imagine the effect of that if you can do it to a windshield where the windshield throws off such an external glare that a camera can't see in.
[01:09:22.000 --> 01:09:25.000] I need to invent that. I'd be rich overnight.
[01:09:25.000 --> 01:09:39.000] Well, that's true, too. But you know, the perforated stuff that they use for vinyl, as you see on the advertising, on a 50-50 perforation, you can't see in from the outside, but you can see through it like it's just tinting from the inside as a driver.
[01:09:39.000 --> 01:09:41.000] It would not, doesn't really obstruct your view.
[01:09:41.000 --> 01:09:43.000] There you go with that driver again.
[01:09:43.000 --> 01:09:45.000] Oh, sorry. The person behind the wheel.
[01:09:45.000 --> 01:09:51.000] Yeah. Well, that may be true except at night. Tinting at night, not a good idea.
[01:09:51.000 --> 01:09:54.000] It's very light.
[01:09:54.000 --> 01:10:04.000] Yeah, but I mean, for it to be best, I would recommend that it be where it could be done during the day and removed if you're going to be in the car at night.
[01:10:04.000 --> 01:10:06.000] Oh, I see. Okay.
[01:10:06.000 --> 01:10:07.000] Okay.
[01:10:07.000 --> 01:10:16.000] But again, that would be virtually impossible to do in a way that would work. But still, in any case, yeah, the burden of proof is on them.
[01:10:16.000 --> 01:10:23.000] Those are the things they're going to have to do. And I would more, in your case, I would be more than happy to let them take me to court.
[01:10:23.000 --> 01:10:26.000] Way more than happy because...
[01:10:26.000 --> 01:10:27.000] I was thinking.
[01:10:27.000 --> 01:10:39.000] Yeah, there is absolutely no way they can win. They are stuck. And if they haul you into court, you know, then they're really stuck.
[01:10:39.000 --> 01:10:41.000] Okay.
[01:10:41.000 --> 01:10:42.000] Okay.
[01:10:42.000 --> 01:10:43.000] All right.
[01:10:43.000 --> 01:10:44.000] If you post it, I'm going to do exactly that.
[01:10:44.000 --> 01:10:47.000] All right, Francis. Well, good luck and go get them.
[01:10:47.000 --> 01:10:48.000] Thank you and you too.
[01:10:48.000 --> 01:10:52.000] You're very welcome. And I am.
[01:10:52.000 --> 01:10:53.000] All right. Bye-bye.
[01:10:53.000 --> 01:10:54.000] Bye-bye.
[01:10:54.000 --> 01:11:00.000] All right. Now we're going to go to William in Texas. William, what can we do for you?
[01:11:00.000 --> 01:11:10.000] Hey, I actually had a qu... I kind of missed something earlier. I had to run into a gas station and I just wanted to clarify something real quick.
[01:11:10.000 --> 01:11:21.000] Were you saying that it is... it's not legal for judges to issue warrants over traffic tickets?
[01:11:21.000 --> 01:11:27.000] If they're Class C fine only, there is no authority and statute for them to issue a warrant.
[01:11:27.000 --> 01:11:28.000] Really?
[01:11:28.000 --> 01:11:34.000] Really? I try very hard not to say stuff I can't verify through statute on this show.
[01:11:34.000 --> 01:11:39.000] Yeah, where is that... where can I... where can I look that up?
[01:11:39.000 --> 01:11:45.000] Okay, what they do is they have a provision in 543 of the transportation code.
[01:11:45.000 --> 01:11:59.000] I believe it's 543.009, which reads, a person commits an offense if the person fails to appear in compliance with a notice to appear on the citation.
[01:11:59.000 --> 01:12:07.000] The problem is, is it does not say, one, what type of offense the person allegedly commits.
[01:12:07.000 --> 01:12:18.000] Two, doesn't specify a punitive action. It just says a misdemeanor. Doesn't say what class of misdemeanor.
[01:12:18.000 --> 01:12:19.000] Okay.
[01:12:19.000 --> 01:12:22.000] All right. In any way, shape, or form.
[01:12:22.000 --> 01:12:30.000] What you need to understand is the difference between a local and specific and a general statute.
[01:12:30.000 --> 01:12:43.000] Now, for all intents and purposes, that section of the transportation code is a general statute because it's generally applied to all citations.
[01:12:43.000 --> 01:12:50.000] If a person decides a citation fails to appear, that person is guilty of a misdemeanor.
[01:12:50.000 --> 01:12:52.000] It's what it says, okay?
[01:12:52.000 --> 01:12:53.000] All right.
[01:12:53.000 --> 01:13:03.000] So it's generally speaking to the failure to appear on a misdemeanor citation, but it does not specify the class of misdemeanor.
[01:13:03.000 --> 01:13:20.000] Now you go to, and not only that, 543.001 makes it a requirement that the alleged activity that the citation was issued for has to be in subtitle C.
[01:13:20.000 --> 01:13:24.000] Because that's the only place they can arrest you without a warrant.
[01:13:24.000 --> 01:13:34.000] Now, if they pulled you over for a subtitle C offense, yes, they can issue for any other offense along with that if they notice it while you've been stopped.
[01:13:34.000 --> 01:13:41.000] But they can't use a non subtitle C as their probable cause to arrest.
[01:13:41.000 --> 01:13:55.000] Now, when you go to the appearance on the citation and you can take the provisions of 543 and match them up to the provisions of 14.06.
[01:13:55.000 --> 01:14:02.000] And 14.06, B and C both read just for separate levels of misdemeanor.
[01:14:02.000 --> 01:14:05.000] They basically read for the same purpose.
[01:14:05.000 --> 01:14:17.000] The arresting officer may issue a citation to the person arrested rather than taking them immediately before a magistrate to answer for the offense.
[01:14:17.000 --> 01:14:18.000] Okay?
[01:14:18.000 --> 01:14:19.000] Right.
[01:14:19.000 --> 01:14:23.000] So that's for any class of misdemeanor in 14.06, B and C.
[01:14:23.000 --> 01:14:27.000] That is reiterated in that section of 543.
[01:14:27.000 --> 01:14:30.000] That's all it's doing.
[01:14:30.000 --> 01:14:49.000] Now you go to 15.17G where it specifically states that if the person fails to appear in compliance with the notice to appear on a class A or B misdemeanor citation, then the judge is allowed to issue a warrant.
[01:14:49.000 --> 01:14:57.000] But it never mentions 14.06B, which is where the class C misdemeanors are.
[01:14:57.000 --> 01:15:18.000] You also have 27.14D of the Code of Criminal Procedure, which specifically states that if the person fails to appear in a fine only offense in compliance with that notice to appear, then the judge's only authority is to secure a complaint.
[01:15:18.000 --> 01:15:26.000] It says nothing about the authority to issue a warrant in a class C fine only failure to appear.
[01:15:26.000 --> 01:15:35.000] That's interesting because I've had warrants issued in San Antonio and in Austin for failure to appear.
[01:15:35.000 --> 01:15:39.000] Well, yeah, but that's because these magistrates are idiots.
[01:15:39.000 --> 01:15:42.000] They don't read the statute.
[01:15:42.000 --> 01:15:47.000] And if they do, I guarantee you they don't understand it.
[01:15:47.000 --> 01:15:49.000] If they did this...
[01:15:49.000 --> 01:15:50.000] Not like it's their job or anything.
[01:15:50.000 --> 01:15:51.000] Yeah, exactly.
[01:15:51.000 --> 01:16:09.000] If they did, then they wouldn't be doing this, but by the same token, if the people understood their rights and had spent time studying this to protect those rights, these judges would have been called on this a long time ago because the people would have been
[01:16:09.000 --> 01:16:23.000] properly defending the cases, the judges would have been sued for acting without jurisdiction, and this entire system would have collapsed out of blatant fear of getting sued into utter destitution.
[01:16:23.000 --> 01:16:24.000] Yep.
[01:16:24.000 --> 01:16:26.000] Well, alright, thanks for clearing that up for me.
[01:16:26.000 --> 01:16:27.000] No problem.
[01:16:27.000 --> 01:16:29.000] Appreciate you calling in and asking the question.
[01:16:29.000 --> 01:16:30.000] Have a good night.
[01:16:30.000 --> 01:16:31.000] You too.
[01:16:31.000 --> 01:16:40.000] Alright, folks, for going to break, William was our last caller, I need somebody on the border, I'm going to go back to Ratten and Raven all over again.
[01:16:40.000 --> 01:16:46.000] This is Rule of Law Radio, calling number 512-646-1984.
[01:16:46.000 --> 01:16:53.000] Hey, I would love to invite officers and lawyers to call me and argue because I enjoy that.
[01:16:53.000 --> 01:17:01.000] We'll be right back on the other side of the break.
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[01:19:17.000 --> 01:19:31.000] Well, ain't gonna fool me with that same old trick again. I was blindsided, but now I can see you again.
[01:19:31.000 --> 01:19:41.000] You put the fear in my pockets, took the money from my hands, ain't gonna fool me with that same old trick again.
[01:19:41.000 --> 01:20:01.000] Ain't gonna fool me with that same old trick again.
[01:20:01.000 --> 01:20:11.000] Ain't gonna drive me with that same old sucker punch. I get it now, but then I must have him out of love.
[01:20:11.000 --> 01:20:24.000] Back then you had room to move, but now you're feeling the rush. Ain't gonna get me with that same old sucker punch.
[01:20:24.000 --> 01:20:31.000] Alright folks, this is Rule of Law Radio. Okay, we're having some behind the scenes discussion. Sorry for the delay.
[01:20:31.000 --> 01:20:41.000] My caller board is still 55126461984, but while we are waiting on a caller, Debra has some sponsorship information she needs to get out to you guys.
[01:20:41.000 --> 01:20:43.000] So Debra, what can we do for you?
[01:20:43.000 --> 01:20:52.000] Yes, Eddie. Thank you. I want to take this opportunity to plug our sponsors because folks, this is how we stay on the air.
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[01:25:05.000 --> 01:25:09.000] So, that's all I have right now, Eddie.
[01:25:09.000 --> 01:25:18.000] Well, all righty. Okay, and just in time, we have another caller up on the board. This is Andre in Texas. Andre, what can we do for you?
[01:25:18.000 --> 01:25:25.000] Hey there, I started coming a little bit late on your last caller, and I was just listening. It was very interesting what you were talking about with the statutes and whatnot.
[01:25:25.000 --> 01:25:38.000] And as far as the tickets go, what can be done after the fact? So, after, like, a warrant has been issued and there was no, I guess, cause for it, what can the person do after the fact then?
[01:25:38.000 --> 01:25:52.000] Well, you can file a motion to recall the warrant. You can also appear before the magistrate and nullify the warrant because the whole purpose of the warrant is for somebody to deliver you to that magistrate.
[01:25:52.000 --> 01:25:59.000] If you go in, that's self-delivery. The warrant's now no good.
[01:25:59.000 --> 01:26:14.000] Okay. However, the issue becomes what have you done since this started that could have already hampered your ability to fight and win?
[01:26:14.000 --> 01:26:28.000] Okay. So, if you don't have the seminar to learn what that is, then I highly recommend you get it. And if you're close enough to Austin to come to the Sunday classes, I highly recommend you come and bring friends.
[01:26:28.000 --> 01:26:53.000] Okay. And what was that, I guess, rule or statute there that you had been voting before? The three statutes relevant to the warrant issue is 543.009 of the transportation code, or it's in 543, but I think it's 009 that deals with the issuance of the failure to appear misdemeanor,
[01:26:53.000 --> 01:27:06.000] though it never says failure to appear. It says a person commits a misdemeanor if they fail to appear in compliance with a notice to appear, regardless of the disposition of the alleged defense.
[01:27:06.000 --> 01:27:19.000] All right. And then you have 15.17G, which specifically speaks to 14.06B.
[01:27:19.000 --> 01:27:24.000] And are those under the 543.009?
[01:27:24.000 --> 01:27:40.000] No. The 543.009 is the transportation code. 15.17G, 14.06B and C, and 27.14D are articles of the code of criminal procedure.
[01:27:40.000 --> 01:27:54.000] And then I'm sorry, my other question was, and this is sort of a more of a dialogue and opinion question, but what do you think about the DUI and WI laws here in Austin?
[01:27:54.000 --> 01:28:03.000] I know that I was the person that picked up for that, but I fought it and they ended up getting dismissed and yet somehow I still end up on probation.
[01:28:03.000 --> 01:28:06.000] Are you talking about public intoxication or actual DUI?
[01:28:06.000 --> 01:28:16.000] Actual DUI, and I fought it and I got dismissed, and yet even though I got dismissed, I was still put on probation, and I don't quite understand how.
[01:28:16.000 --> 01:28:25.000] They can't dismiss and put you on probation. That is punishment without conviction, and that's absolutely illegal.
[01:28:25.000 --> 01:28:29.000] That's what I thought too, and I was just, I couldn't, I didn't have any more time to fight it.
[01:28:29.000 --> 01:28:32.000] Do you have a copy of the order that puts you on probation?
[01:28:32.000 --> 01:28:34.000] Yes, sir. I have a copy of everything.
[01:28:34.000 --> 01:28:37.000] Did you plea deal with anybody?
[01:28:37.000 --> 01:28:41.000] Well, my lawyer exposed your range because I was supposed to.
[01:28:41.000 --> 01:28:45.000] Okay, there's your problem. There's your problem.
[01:28:45.000 --> 01:28:52.000] They dismissed the accusation based upon a plea bargain. That's why you're on probation.
[01:28:52.000 --> 01:29:01.000] That is your lawyer's whole job to sell you out so that you pay money to the system.
[01:29:01.000 --> 01:29:05.000] Yeah, because I didn't understand how I can get a taste dismissed.
[01:29:05.000 --> 01:29:11.000] You did not get it dismissed, per se. You cut a plea deal, different animal.
[01:29:11.000 --> 01:29:18.000] Yeah, I was definitely not happy about it because that definitely ruined chances for a further career that I had my eyes set on.
[01:29:18.000 --> 01:29:30.000] Yeah, that's why you don't leave it to a lawyer. That's why these classes are important so that you know how to do this yourself so you know when your lawyer's trying to screw you.
[01:29:30.000 --> 01:29:33.000] Yeah, most definitely. Thank you.
[01:29:33.000 --> 01:29:36.000] You're very welcome. Thanks for calling in.
[01:29:36.000 --> 01:29:46.000] Right, Frank, Ryan, we are going to break. Andre, thanks for calling in. 512-646-1984 is the call-in number.
[01:29:46.000 --> 01:29:50.000] This is the Monday Night Rule of Law traffic show with Eddie Craig.
[01:29:50.000 --> 01:30:00.000] We will be right back on the other side of this break.
[01:30:00.000 --> 01:30:05.000] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:30:05.000 --> 01:30:12.000] The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:30:12.000 --> 01:30:15.000] Over 6,000 of my fellow service members have given their lives.
[01:30:15.000 --> 01:30:22.000] Thousands of my fellow first responders are playing. I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer.
[01:30:22.000 --> 01:30:27.000] I'm an Air Force pilot. I'm a father who lost his son. We are Americans and we deserve the truth.
[01:30:27.000 --> 01:30:31.000] Go to RememberBuilding7.org today.
[01:30:31.000 --> 01:30:37.000] The Rule of Law Radio Network is proud to present a due process of law seminar hosted by our own Eddie Craig.
[01:30:37.000 --> 01:30:51.000] Eddie is a former Nacogdocha sheriff's deputy and for the past 21 years he's been studying the due process of law and now offers his knowledge to you at a seminar every Sunday from 2 o'clock to 5 o'clock at Brave New Books, located at 1904 Guadalupe Street.
[01:30:51.000 --> 01:31:00.000] Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself what the true intent of law really is.
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[01:32:00.000 --> 01:32:10.000] You're listening to the Logos Radio Network at LogosRadioNetwork.com
[01:32:10.000 --> 01:32:15.000] Logos Radio Network
[01:32:40.000 --> 01:32:45.000] Logos Radio Network
[01:33:10.000 --> 01:33:22.000] I am currently in the process of writing several new books including a revised edition of the transportation book from that seminar to include more information because I didn't have time to ever completely finish it.
[01:33:22.000 --> 01:33:25.000] I've got to go back and do that now while I'm working on these.
[01:33:25.000 --> 01:33:40.000] The one I'm working on, the heaviest at the moment, is the one relating to specifically the court procedures. This book is going to encompass what I teach in my class including the actual court documents we're using right now as part of the seminar material.
[01:33:40.000 --> 01:33:57.000] So when this is all said and done, the court documents are going to be shifted from the transportation code implementation into the going to court implementation and then we will have the transportation book itself as a separate volume in the series.
[01:33:57.000 --> 01:34:11.000] There will be a price difference in it for each new book we add to it as we go, of course, but the original seminar price for the new book and the paperwork won't change if you're buying it for the first time.
[01:34:11.000 --> 01:34:32.000] And if you already bought it with the original, then you will get just the price difference for the new book to go with the court documents. So it'll work out great that way. Nobody's paying any more than anybody else for a new version of the seminar and you get a direct education on the court procedures and the documents and how to use them.
[01:34:32.000 --> 01:34:44.000] Rather than you burning up my phone 24 hours a day asking questions on the documents, it'll already be explained in the book. Here's the document. Here's the argument it makes. Here's why the argument is important and relevant.
[01:34:44.000 --> 01:34:55.000] Here's what you need to understand about it. Here's how you take it to court. Here's how you rebut anything they try to throw at you to dissuade you from using the argument. That's going to be the gist of this book.
[01:34:55.000 --> 01:35:13.000] God, are my fingers going to be cramped when this is over. All right, that being said, go to the rule of law website, click on the seminar link and purchase the thing and get it underway. The more you know about how to read a statute, the better off you're going to be when you get your hands on the book about going to court.
[01:35:13.000 --> 01:35:19.000] All right, let's take our next caller, which is Frank in New York. Frank, what can we do for you?
[01:35:19.000 --> 01:35:26.000] Hey, Eddie, Randy. Oh, he's not here. No, Randy's not here even when Randy's here.
[01:35:26.000 --> 01:35:38.000] That's not okay. Okay, I got a great one. My car is registered for commerce, but I'm not using elections.
[01:35:38.000 --> 01:35:57.000] I had a second party at the helm of the car to deliver me to the campground where I had to pick up some stuff. The ranger noticed that the inspection sticker for commerce was out of date.
[01:35:57.000 --> 01:36:13.000] Second of all, we weren't in commerce. Now, he goes up to the car, he goes up to my female companion, and he asked her if she was driving. She says, do I have to answer your question?
[01:36:13.000 --> 01:36:29.000] He says, yes. She says, I'm by what authority? And he said, you have a license. And she says, I'm not using my license. Why do I need a license for camping? No, he said you were operating. He says, I was not operating.
[01:36:29.000 --> 01:36:39.000] He walks away in a fit and I followed him with my camera phone because I was behind the blind because I knew he was going to do that. So I tried my camera, my camera phone was dead.
[01:36:39.000 --> 01:36:54.000] That's planning ahead, but all right. Yeah, they towed my car. It's my car. It's in my friend's name, a second party. I told him he was on his way.
[01:36:54.000 --> 01:37:06.000] I said, I don't know where your supposed driver is because I wasn't in commerce. So if you can identify a driver, then I will be happy to tell you who it is.
[01:37:06.000 --> 01:37:14.000] But I don't know any driver. If I know them or not, there is no driver. We were not in commerce. And I told him to check the statutes himself.
[01:37:14.000 --> 01:37:20.000] And I told him he was posing as an authority.
[01:37:20.000 --> 01:37:28.000] First off, is this particular individual authorized to enforce traffic or transportation in New York?
[01:37:28.000 --> 01:37:35.000] I asked him that, and he said, I got authority for all laws in New York.
[01:37:35.000 --> 01:37:42.000] Wrong answer. If he's a park ranger, the game wardens here in Texas think the same thing, but that is a lie.
[01:37:42.000 --> 01:37:50.000] Great. Now, what do I do, Eddie? Because I want to go after them. This is the second time they've done this to me. I got all the charges this year thanks to you guys.
[01:37:50.000 --> 01:37:53.000] And I can't pay you back because I'm still fighting them.
[01:37:53.000 --> 01:38:00.000] Okay. Well, question. What causes of action did they give you by their actions?
[01:38:00.000 --> 01:38:09.000] That's my question, so I don't make it. Well, I don't know what constitutes a cause of action, per se, in the courts of New York.
[01:38:09.000 --> 01:38:12.000] Now, at the federal level, that's a whole other animal.
[01:38:12.000 --> 01:38:14.000] So where are you going to sue him?
[01:38:14.000 --> 01:38:20.000] I would have to take it because I'm assuming that there are a bunch of criminal street gangs that have even had a sheriff there.
[01:38:20.000 --> 01:38:27.000] And I asked him to protect my rights and arrest this person. I asked him if he swore on oath. Okay.
[01:38:27.000 --> 01:38:40.000] He said yes. I said, you see, there's no commerce here. I was not operating. I was actually a guest in my own car sitting in the rear behind the helm.
[01:38:40.000 --> 01:38:47.000] And he was, I was using all the right terms because I've been practicing, Eddie, and I'm winning in court.
[01:38:47.000 --> 01:38:52.000] And even the judge asked me to come in and tell him how I did it, but I'm not going to go there and entertain them.
[01:38:52.000 --> 01:39:02.000] So anyways, I got to get this guy because I promised that I'd let these other guys go if they dropped, if they didn't pursue, and they did.
[01:39:02.000 --> 01:39:07.000] But I said, this is a whole new set of guys. I said, now I have to go after you. I have to make an example of all of you.
[01:39:07.000 --> 01:39:08.000] I have to educate you with my...
[01:39:08.000 --> 01:39:13.000] Okay, question. Do you understand the concept of under color of law?
[01:39:13.000 --> 01:39:14.000] Yes, I do. I've been reading it.
[01:39:14.000 --> 01:39:17.000] Where does that concept apply?
[01:39:17.000 --> 01:39:22.000] When someone is going into size as an authority over me.
[01:39:22.000 --> 01:39:23.000] Am I right?
[01:39:23.000 --> 01:39:27.000] Saying that I did a harm or contract, but there was no harm or contract violated.
[01:39:27.000 --> 01:39:30.000] No, not exactly. Not exactly.
[01:39:30.000 --> 01:39:34.000] And you're explaining a how when I asked where.
[01:39:34.000 --> 01:39:41.000] Where does a deprivation of a right under color of law, where do you use that?
[01:39:41.000 --> 01:39:42.000] Part one.
[01:39:42.000 --> 01:39:44.000] Well, you want to know where?
[01:39:44.000 --> 01:39:45.000] Is it in the law book?
[01:39:45.000 --> 01:39:48.000] No. Where do you use it?
[01:39:48.000 --> 01:39:49.000] Federal court.
[01:39:49.000 --> 01:39:53.000] Exactly. So this is going to be a federal suit.
[01:39:53.000 --> 01:39:57.000] He has no charges on me. He has no charges on the supposed driver.
[01:39:57.000 --> 01:39:59.000] Well, there's none, okay?
[01:39:59.000 --> 01:40:03.000] He didn't even ID the supposed driver, okay?
[01:40:03.000 --> 01:40:05.000] Because there was no...
[01:40:05.000 --> 01:40:10.000] It was a violation and he didn't see a misdemeanor or a felony and it's all consent under violation.
[01:40:10.000 --> 01:40:14.000] Frank, do you have a pacemaker or an adrenaline pump?
[01:40:14.000 --> 01:40:16.000] Both.
[01:40:16.000 --> 01:40:19.000] Both? We'll turn them down for just a second.
[01:40:19.000 --> 01:40:20.000] Okay.
[01:40:20.000 --> 01:40:22.000] Slow down and listen, okay?
[01:40:22.000 --> 01:40:25.000] I'm asking a specific question so I can get you to give me a specific answer.
[01:40:25.000 --> 01:40:27.000] Stop jumping off on tangent.
[01:40:27.000 --> 01:40:28.000] I'm sorry.
[01:40:28.000 --> 01:40:30.000] You asked me a question of what to do about this.
[01:40:30.000 --> 01:40:35.000] I'm trying to get you to answer that question for yourself to prove you already know.
[01:40:35.000 --> 01:40:36.000] All right.
[01:40:36.000 --> 01:40:41.000] Deprivation of a right under color of law applies in federal court.
[01:40:41.000 --> 01:40:47.000] That means your causes of action are federal causes of action, not state.
[01:40:47.000 --> 01:40:48.000] Right.
[01:40:48.000 --> 01:40:52.000] So you need to find out what they are.
[01:40:52.000 --> 01:40:55.000] First off, there is official misconduct.
[01:40:55.000 --> 01:40:59.000] That is a federal cause of action.
[01:40:59.000 --> 01:41:00.000] Great.
[01:41:00.000 --> 01:41:01.000] Okay?
[01:41:01.000 --> 01:41:04.000] Were these gentlemen armed?
[01:41:04.000 --> 01:41:05.000] Yes.
[01:41:05.000 --> 01:41:10.000] Then aggravated assault is a federal cause of action.
[01:41:10.000 --> 01:41:11.000] All right.
[01:41:11.000 --> 01:41:14.000] Did they haul you away?
[01:41:14.000 --> 01:41:16.000] Did they haul me away?
[01:41:16.000 --> 01:41:17.000] Yes.
[01:41:17.000 --> 01:41:19.000] Did they arrest you and take you somewhere?
[01:41:19.000 --> 01:41:21.000] I asked them if they would arrest me.
[01:41:21.000 --> 01:41:22.000] They said no.
[01:41:22.000 --> 01:41:23.000] Okay.
[01:41:23.000 --> 01:41:24.000] Are you sure they didn't arrest you?
[01:41:24.000 --> 01:41:27.000] Could you leave the scene if you wanted to?
[01:41:27.000 --> 01:41:28.000] Yes, I did.
[01:41:28.000 --> 01:41:29.000] Actually, I walked away.
[01:41:29.000 --> 01:41:30.000] I'll see you later.
[01:41:30.000 --> 01:41:31.000] Okay.
[01:41:31.000 --> 01:41:32.000] But they took your car.
[01:41:32.000 --> 01:41:33.000] They took your car.
[01:41:33.000 --> 01:41:34.000] Okay.
[01:41:34.000 --> 01:41:38.000] That's deprivation of property under color of law.
[01:41:38.000 --> 01:41:39.000] Okay.
[01:41:39.000 --> 01:41:45.000] And since they were armed, it's armed robbery under color of law.
[01:41:45.000 --> 01:41:46.000] Okay.
[01:41:46.000 --> 01:41:47.000] Great.
[01:41:47.000 --> 01:41:48.000] Okay.
[01:41:48.000 --> 01:41:54.000] But you need to do your research and find out specifically what these are called as causes
[01:41:54.000 --> 01:41:58.000] of action at the federal level.
[01:41:58.000 --> 01:41:59.000] Okay.
[01:41:59.000 --> 01:42:02.000] And I'm going to go into a college library to find that.
[01:42:02.000 --> 01:42:07.000] Well, you can go to any law library that has federal law books that can tell you what
[01:42:07.000 --> 01:42:12.000] a cause of action is for these particular offenses at the federal level.
[01:42:12.000 --> 01:42:13.000] Yeah.
[01:42:13.000 --> 01:42:14.000] What's the time limit?
[01:42:14.000 --> 01:42:16.000] Because I have no charges on me whatsoever.
[01:42:16.000 --> 01:42:18.000] They just took my car.
[01:42:18.000 --> 01:42:25.000] Well, a federal suit for the deprivation of a right is, in some cases, it's one year
[01:42:25.000 --> 01:42:27.000] and in others, it's two.
[01:42:27.000 --> 01:42:28.000] Okay.
[01:42:28.000 --> 01:42:30.000] So I got a year to work on this case.
[01:42:30.000 --> 01:42:31.000] Possibly.
[01:42:31.000 --> 01:42:38.000] Again, depending upon the particular cause of action, some have a one-year statute of
[01:42:38.000 --> 01:42:41.000] limitations, some have two.
[01:42:41.000 --> 01:42:42.000] Okay.
[01:42:42.000 --> 01:42:46.000] So I got at least a year.
[01:42:46.000 --> 01:42:52.000] So I got assistance now and I got a lot of archives and I got a lot of good points.
[01:42:52.000 --> 01:42:55.000] And I'm going to go over them when I get them all together.
[01:42:55.000 --> 01:42:57.000] But I have to get these guys for stopping.
[01:42:57.000 --> 01:42:59.000] They're stealing my stuff all the time.
[01:42:59.000 --> 01:43:04.000] Well, yeah, but until you make an example that they can reference, that's what they will
[01:43:04.000 --> 01:43:05.000] continue to do.
[01:43:05.000 --> 01:43:07.000] That's my whole point of being here.
[01:43:07.000 --> 01:43:08.000] Okay.
[01:43:08.000 --> 01:43:09.000] Thanks, Danny.
[01:43:09.000 --> 01:43:10.000] I really appreciate it.
[01:43:10.000 --> 01:43:14.000] You had no idea how much I talked you up and telling everybody around here to call in.
[01:43:14.000 --> 01:43:15.000] Well, I appreciate that.
[01:43:15.000 --> 01:43:17.000] We all appreciate that.
[01:43:17.000 --> 01:43:20.000] I really want to make your show very interesting.
[01:43:20.000 --> 01:43:24.000] And I'm only picking the most interesting cases out here because some of these people
[01:43:24.000 --> 01:43:27.000] are shrewd, but some of these people have it on the ball.
[01:43:27.000 --> 01:43:28.000] Only some?
[01:43:28.000 --> 01:43:29.000] Yeah.
[01:43:29.000 --> 01:43:30.000] Okay.
[01:43:30.000 --> 01:43:31.000] I've been to New York.
[01:43:31.000 --> 01:43:33.000] I'd vote for a higher number than some, but I get what you mean.
[01:43:33.000 --> 01:43:34.000] Okay.
[01:43:34.000 --> 01:43:35.000] Can I carry?
[01:43:35.000 --> 01:43:37.000] I actually want to do with the toy truck driver and all that.
[01:43:37.000 --> 01:43:38.000] Yeah, Frank.
[01:43:38.000 --> 01:43:41.000] Hang on and we'll cover that on the other side, but we'll have to wrap it up quick.
[01:43:41.000 --> 01:43:42.000] I've got other callers.
[01:43:42.000 --> 01:43:43.000] All right, folks.
[01:43:43.000 --> 01:43:45.000] This is Rule of Law Radio.
[01:43:45.000 --> 01:43:46.000] Ryan, Jeff, Jay, Tom.
[01:43:46.000 --> 01:43:47.000] I see you there.
[01:43:47.000 --> 01:43:48.000] Please hang on.
[01:43:48.000 --> 01:43:51.000] We'll catch everybody on the other side before we get to the end of the show.
[01:43:51.000 --> 01:43:54.000] I hope because we only got one segment left.
[01:43:54.000 --> 01:43:55.000] This is Eddie Craig.
[01:43:55.000 --> 01:43:58.000] We'll be right back after the break.
[01:44:25.000 --> 01:44:32.000] We'll be right back after the break.
[01:44:55.000 --> 01:45:02.000] We'll be right back after the break.
[01:45:25.000 --> 01:45:32.000] We'll be right back after the break.
[01:45:55.000 --> 01:46:02.000] We'll be right back after the break.
[01:46:25.000 --> 01:46:35.000] We'll be right back after the break.
[01:46:35.000 --> 01:46:45.000] We'll be right back after the break.
[01:46:45.000 --> 01:46:55.000] We'll be right back after the break.
[01:46:55.000 --> 01:47:06.000] We'll be right back after the break.
[01:47:06.000 --> 01:47:07.000] All right, folks.
[01:47:07.000 --> 01:47:08.000] We are back.
[01:47:08.000 --> 01:47:10.000] This is Rule of Law Radio.
[01:47:10.000 --> 01:47:12.000] We are talking to Frank in New York.
[01:47:12.000 --> 01:47:17.000] All right, Frank, let's wrap this up because I've got a lot of people in one last segment
[01:47:17.000 --> 01:47:18.000] to get them in.
[01:47:18.000 --> 01:47:19.000] Okay.
[01:47:19.000 --> 01:47:22.000] The tow truck driver took my car.
[01:47:22.000 --> 01:47:26.000] I asked him where I was going and all that stuff, and I let him go.
[01:47:26.000 --> 01:47:28.000] I didn't harass him enough like that.
[01:47:28.000 --> 01:47:33.000] But I want to know the best way to get these guys to let go of my car without, and they
[01:47:33.000 --> 01:47:35.000] don't have any, any.
[01:47:35.000 --> 01:47:36.000] Okay.
[01:47:36.000 --> 01:47:38.000] First thing is, is get the car out.
[01:47:38.000 --> 01:47:43.000] Otherwise, it's going to be so expensive you will never be able to afford to get it out.
[01:47:43.000 --> 01:47:44.000] Okay.
[01:47:44.000 --> 01:47:47.000] I got the, I got the money on loan ready to go.
[01:47:47.000 --> 01:47:48.000] I want to know what the bill is.
[01:47:48.000 --> 01:47:51.000] Well, I can't tell you that part, but go get it.
[01:47:51.000 --> 01:47:54.000] I want to go down, I want to go down tomorrow and get the car out.
[01:47:54.000 --> 01:47:59.000] We have a towed away on the dolly because it's not, because I don't want any more cases
[01:47:59.000 --> 01:48:01.000] mixing this up, muddy in the water, all that.
[01:48:01.000 --> 01:48:05.000] So I'm going to have a towed out with a dolly and it's only a block or two way.
[01:48:05.000 --> 01:48:08.000] All right.
[01:48:08.000 --> 01:48:11.000] Thank God they towed it all the way to my hometown.
[01:48:11.000 --> 01:48:15.000] Anyway, the, the policeman said he was going to put a hold on it for investigation.
[01:48:15.000 --> 01:48:18.000] Now he says it's going to cost me like $600.
[01:48:18.000 --> 01:48:21.000] He says, they were trying to intimidate me and all kinds of stuff.
[01:48:21.000 --> 01:48:22.000] Okay.
[01:48:22.000 --> 01:48:24.000] Wait, Frank, Frank, none of that's relevant.
[01:48:24.000 --> 01:48:26.000] Get the car out.
[01:48:26.000 --> 01:48:27.000] Okay.
[01:48:27.000 --> 01:48:30.000] Whatever you have to do to get the car out.
[01:48:30.000 --> 01:48:31.000] It's my property.
[01:48:31.000 --> 01:48:33.000] Frank, you're still talking.
[01:48:33.000 --> 01:48:35.000] I know it's your property.
[01:48:35.000 --> 01:48:36.000] That ain't the issue.
[01:48:36.000 --> 01:48:40.000] Get the car out before the bill's too high to pay.
[01:48:40.000 --> 01:48:41.000] What if they stop it?
[01:48:41.000 --> 01:48:45.000] What if the police stop me from getting my car out?
[01:48:45.000 --> 01:48:50.000] Then you need to go to the chief of police and demand that it be released.
[01:48:50.000 --> 01:48:51.000] Okay.
[01:48:51.000 --> 01:48:54.000] Now what if the ranger stops my car from getting out?
[01:48:54.000 --> 01:48:55.000] Is that-
[01:48:55.000 --> 01:48:56.000] Same deal.
[01:48:56.000 --> 01:48:58.000] Go to the boss.
[01:48:58.000 --> 01:48:59.000] Go to his boss.
[01:48:59.000 --> 01:49:02.000] So I got to find out who is the boss of the rangers.
[01:49:02.000 --> 01:49:05.000] Well, if that's what it takes, yes.
[01:49:05.000 --> 01:49:10.000] But multiple agencies putting a hold on the car is highly unlikely.
[01:49:10.000 --> 01:49:12.000] Get it out before the bill's too high.
[01:49:12.000 --> 01:49:19.000] If someone has a hold on it, find out who their boss is and get it released.
[01:49:19.000 --> 01:49:20.000] Okay, thanks.
[01:49:20.000 --> 01:49:24.000] Then worry about going after them after the fact.
[01:49:24.000 --> 01:49:26.000] Otherwise the car's gone.
[01:49:26.000 --> 01:49:28.000] Can I get them conspiracy?
[01:49:28.000 --> 01:49:30.000] It's not conspiracy.
[01:49:30.000 --> 01:49:32.000] It's aiding and abetting.
[01:49:32.000 --> 01:49:33.000] Aiding and abetting.
[01:49:33.000 --> 01:49:34.000] And aiding and abetting-
[01:49:34.000 --> 01:49:43.000] Now the tow truck driver is just as guilty of the armed robbery and theft as the cops are.
[01:49:43.000 --> 01:49:45.000] Okay, so I'm going to charge him with armed robbery too.
[01:49:45.000 --> 01:49:46.000] Yes.
[01:49:46.000 --> 01:49:48.000] Because he had cops behind him taking my-
[01:49:48.000 --> 01:49:49.000] Correct.
[01:49:49.000 --> 01:49:53.000] He had armed individuals facilitating his taking of the property.
[01:49:53.000 --> 01:49:55.000] For gain, yes.
[01:49:55.000 --> 01:49:56.000] Okay, thanks.
[01:49:56.000 --> 01:49:57.000] You're welcome.
[01:49:57.000 --> 01:50:00.000] So I'm going to get back to you and with my progress.
[01:50:00.000 --> 01:50:02.000] I'm going to use these cars to get it going.
[01:50:02.000 --> 01:50:03.000] All right, Frank.
[01:50:03.000 --> 01:50:04.000] Good luck.
[01:50:04.000 --> 01:50:05.000] I love you, man.
[01:50:05.000 --> 01:50:06.000] I love you, man.
[01:50:06.000 --> 01:50:07.000] Keep it up, man.
[01:50:07.000 --> 01:50:08.000] Don't stop.
[01:50:08.000 --> 01:50:09.000] You too.
[01:50:09.000 --> 01:50:10.000] Take care.
[01:50:10.000 --> 01:50:11.000] Bye-bye.
[01:50:11.000 --> 01:50:12.000] Bye-bye.
[01:50:12.000 --> 01:50:13.000] All right.
[01:50:13.000 --> 01:50:14.000] Now we're going to go to Ryan in Texas.
[01:50:14.000 --> 01:50:15.000] All right, Ryan.
[01:50:15.000 --> 01:50:16.000] What can we do for you?
[01:50:16.000 --> 01:50:17.000] All right, Eddie.
[01:50:17.000 --> 01:50:22.000] I'm calling back about this issue with the protective order real quick and blunt.
[01:50:22.000 --> 01:50:25.000] I'm not going to take much time.
[01:50:25.000 --> 01:50:32.000] In regard to it, you were speaking about this evening about a criminal procedure in that
[01:50:32.000 --> 01:50:36.000] case of a protective order.
[01:50:36.000 --> 01:50:43.000] If there is no information filed with the court clerk other than an affidavit and some forms
[01:50:43.000 --> 01:50:47.000] in regard to protective order, how can they enforce such a thing?
[01:50:47.000 --> 01:50:48.000] I think last time-
[01:50:48.000 --> 01:50:50.000] What's the affidavit, Ryan?
[01:50:50.000 --> 01:50:51.000] Start.
[01:50:51.000 --> 01:50:53.000] What's the affidavit?
[01:50:53.000 --> 01:50:54.000] What is it?
[01:50:54.000 --> 01:50:55.000] What's in it?
[01:50:55.000 --> 01:50:56.000] What's in it?
[01:50:56.000 --> 01:50:58.000] Nothing but BS.
[01:50:58.000 --> 01:50:59.000] Okay.
[01:50:59.000 --> 01:51:02.000] I'm not asking you to critique it.
[01:51:02.000 --> 01:51:03.000] What is in it?
[01:51:03.000 --> 01:51:11.000] Is it the statement of probable cause requesting the injunction or the restraining order?
[01:51:11.000 --> 01:51:12.000] Yes.
[01:51:12.000 --> 01:51:13.000] Okay.
[01:51:13.000 --> 01:51:17.000] Then its falsity is not the problem here.
[01:51:17.000 --> 01:51:21.000] Someone filed an affidavit to get the restraining order.
[01:51:21.000 --> 01:51:26.000] The fact that it's false gives you a method to take it to court and have the restraining
[01:51:26.000 --> 01:51:31.000] order revoked, provided you can prove the affidavit's false.
[01:51:31.000 --> 01:51:34.000] Start there and work forward.
[01:51:34.000 --> 01:51:35.000] Okay, Eddie.
[01:51:35.000 --> 01:51:36.000] Thanks.
[01:51:36.000 --> 01:51:37.000] You're welcome.
[01:51:37.000 --> 01:51:38.000] All right.
[01:51:38.000 --> 01:51:41.000] Now we're going to go to Jay in Texas.
[01:51:41.000 --> 01:51:43.000] If I can get this thing to click.
[01:51:43.000 --> 01:51:46.000] All right, Jay, what can we do for you?
[01:51:46.000 --> 01:51:48.000] I ran to you.
[01:51:48.000 --> 01:51:49.000] I got a-
[01:51:49.000 --> 01:51:50.000] Oh, I'm Eddie.
[01:51:50.000 --> 01:51:56.000] I got a no front license plate ticket.
[01:51:56.000 --> 01:51:58.000] From who?
[01:51:58.000 --> 01:52:00.000] Cedar Park Police.
[01:52:00.000 --> 01:52:01.000] Oh, goodie.
[01:52:01.000 --> 01:52:04.000] Sue the living crap out everybody.
[01:52:04.000 --> 01:52:06.000] The cop can't pull you over.
[01:52:06.000 --> 01:52:10.000] There is no offense on the books for no front license plate.
[01:52:10.000 --> 01:52:13.000] How stupid are these cops going to stay?
[01:52:13.000 --> 01:52:16.000] You know, I really love idiots.
[01:52:16.000 --> 01:52:20.000] It's no wonder every village wants one.
[01:52:20.000 --> 01:52:21.000] No, it's not.
[01:52:21.000 --> 01:52:24.000] It's not because I'm not under-
[01:52:24.000 --> 01:52:25.000] I'm not-
[01:52:25.000 --> 01:52:31.000] Even if you were in transportation, the cop had no probable cause to stop you.
[01:52:31.000 --> 01:52:41.000] There is no law on the books at this time making the absence of plates of any kind illegal.
[01:52:41.000 --> 01:52:44.000] Now, what would I point at exactly?
[01:52:44.000 --> 01:52:50.000] The fact that the legislature failed to put the offense statute into the transportation code.
[01:52:50.000 --> 01:52:54.000] Okay, was he reading from an old book, I guess?
[01:52:54.000 --> 01:52:56.000] Do you care?
[01:52:56.000 --> 01:52:57.000] Well.
[01:52:57.000 --> 01:52:59.000] As Napoleon says,
[01:52:59.000 --> 01:53:02.000] do never interrupt your enemy while he's busy making a mistake.
[01:53:02.000 --> 01:53:04.000] And this is a doozy.
[01:53:04.000 --> 01:53:05.000] Okay.
[01:53:05.000 --> 01:53:08.000] So I got my first appearance coming up.
[01:53:08.000 --> 01:53:10.000] What exactly do I need?
[01:53:10.000 --> 01:53:12.000] What kind of paperwork do I need?
[01:53:12.000 --> 01:53:16.000] You need to file a special appearance demanding the dismissal of the case.
[01:53:16.000 --> 01:53:19.000] There is no offense.
[01:53:19.000 --> 01:53:22.000] Okay, so there is no-
[01:53:22.000 --> 01:53:26.000] There is nothing upon which relief can be granted.
[01:53:26.000 --> 01:53:28.000] There's no offense.
[01:53:28.000 --> 01:53:29.000] Okay.
[01:53:29.000 --> 01:53:34.000] The judge has no course to follow except dismissal.
[01:53:34.000 --> 01:53:36.000] There's no offense.
[01:53:36.000 --> 01:53:37.000] Right.
[01:53:37.000 --> 01:53:41.000] Therefore, there is no probable cause.
[01:53:41.000 --> 01:53:44.000] The cop was wrong from the get-go.
[01:53:44.000 --> 01:53:46.000] He has zero immunity.
[01:53:46.000 --> 01:53:48.000] He's done.
[01:53:48.000 --> 01:53:51.000] Go after him like a rabid dog.
[01:53:51.000 --> 01:53:52.000] Okay.
[01:53:52.000 --> 01:53:55.000] And have a special appearance.
[01:53:55.000 --> 01:53:56.000] One more time.
[01:53:56.000 --> 01:53:57.000] I can go under that.
[01:53:57.000 --> 01:54:00.000] Special appearance motion to dismiss.
[01:54:00.000 --> 01:54:01.000] Lack of jurisdiction.
[01:54:01.000 --> 01:54:07.000] There is no issue before the court upon which relief can be granted to state.
[01:54:07.000 --> 01:54:09.000] There's no offense.
[01:54:09.000 --> 01:54:11.000] Okay.
[01:54:11.000 --> 01:54:17.000] I was actually headed over to your seminar and my breaks locked up in my truck.
[01:54:17.000 --> 01:54:21.000] Well, that's not any good, especially if you were headed towards something slick, wet or hard.
[01:54:21.000 --> 01:54:23.000] Yeah.
[01:54:23.000 --> 01:54:27.000] Well, if it was hard, it would have been good.
[01:54:27.000 --> 01:54:32.000] Luckily, I wasn't anywhere or in any danger or something.
[01:54:32.000 --> 01:54:33.000] All right.
[01:54:33.000 --> 01:54:35.000] Well, hopefully you'll make it this coming Sunday.
[01:54:35.000 --> 01:54:36.000] Yes, I will.
[01:54:36.000 --> 01:54:37.000] I'll see you there.
[01:54:37.000 --> 01:54:38.000] Okay.
[01:54:38.000 --> 01:54:39.000] You're welcome.
[01:54:39.000 --> 01:54:40.000] Bye-bye.
[01:54:40.000 --> 01:54:41.000] All right.
[01:54:41.000 --> 01:54:42.000] Now we're going to go to Tom in Louisiana.
[01:54:42.000 --> 01:54:44.000] Well, I know it's not Tommy Crier.
[01:54:44.000 --> 01:54:48.000] So who do we have here?
[01:54:48.000 --> 01:54:51.000] I am a man looking for a job in another state.
[01:54:51.000 --> 01:55:01.000] I'm from Mississippi and I was in Homer and I was driving around and I didn't break any
[01:55:01.000 --> 01:55:09.000] traffic laws, but a cop behind me noticed I didn't have my seatbelt on.
[01:55:09.000 --> 01:55:12.000] Pull me over and take it in.
[01:55:12.000 --> 01:55:13.000] Okay.
[01:55:13.000 --> 01:55:17.000] Then why do you say you didn't break any traffic laws?
[01:55:17.000 --> 01:55:25.000] Well, I didn't think operating inside my own car, which is the extension of my home is...
[01:55:25.000 --> 01:55:26.000] Wrong.
[01:55:26.000 --> 01:55:29.000] The car is not an extension of your home.
[01:55:29.000 --> 01:55:31.000] The courts have already said that.
[01:55:31.000 --> 01:55:37.000] Where you're making your biggest mistake is you are using commercial terminology to reference
[01:55:37.000 --> 01:55:38.000] your activities.
[01:55:38.000 --> 01:55:39.000] You're operating.
[01:55:39.000 --> 01:55:40.000] You're driving.
[01:55:40.000 --> 01:55:42.000] No, you're not.
[01:55:42.000 --> 01:55:43.000] Okay.
[01:55:43.000 --> 01:55:44.000] I was operating.
[01:55:44.000 --> 01:55:46.000] No, you're not.
[01:55:46.000 --> 01:55:48.000] I'm not operating.
[01:55:48.000 --> 01:55:49.000] You're not.
[01:55:49.000 --> 01:55:50.000] Were you getting paid?
[01:55:50.000 --> 01:55:51.000] No.
[01:55:51.000 --> 01:55:53.000] You a delivery driver?
[01:55:53.000 --> 01:55:54.000] No.
[01:55:54.000 --> 01:55:55.000] Taxi driver?
[01:55:55.000 --> 01:55:56.000] No.
[01:55:56.000 --> 01:55:58.000] Long haul truck driver?
[01:55:58.000 --> 01:55:59.000] No.
[01:55:59.000 --> 01:56:00.000] Bus driver?
[01:56:00.000 --> 01:56:04.000] Just a private man traveling.
[01:56:04.000 --> 01:56:05.000] Okay.
[01:56:05.000 --> 01:56:08.000] Then you're not operating.
[01:56:08.000 --> 01:56:09.000] Okay.
[01:56:09.000 --> 01:56:16.000] Those terms apply to commercial activities, which you are stating you are not engaging
[01:56:16.000 --> 01:56:17.000] in.
[01:56:17.000 --> 01:56:18.000] Correct?
[01:56:18.000 --> 01:56:19.000] Correct.
[01:56:19.000 --> 01:56:20.000] Okay then.
[01:56:20.000 --> 01:56:21.000] All right.
[01:56:21.000 --> 01:56:27.000] When you asked me to sign the ticket, now this probably doesn't do anything.
[01:56:27.000 --> 01:56:29.000] But I signed it.
[01:56:29.000 --> 01:56:31.000] My first name, none.
[01:56:31.000 --> 01:56:36.000] I stopped and my last name.
[01:56:36.000 --> 01:56:37.000] Okay.
[01:56:37.000 --> 01:56:46.000] Doesn't that reserve all my rights and waive none of my rights?
[01:56:46.000 --> 01:56:50.000] How would signing it waive any of your rights anyway?
[01:56:50.000 --> 01:56:53.000] I don't know.
[01:56:53.000 --> 01:56:59.000] The only thing you're doing by signing a citation is agreeing to appear and that's it.
[01:56:59.000 --> 01:57:06.000] That's not a waiver of anything unless they're actually trying to get you to enter a plea
[01:57:06.000 --> 01:57:13.000] and do everything else on the face of the citation by your signature, then they're not making
[01:57:13.000 --> 01:57:16.000] any presumption of a waiver.
[01:57:16.000 --> 01:57:17.000] That's it.
[01:57:17.000 --> 01:57:21.000] The ticket, the whole ticket is virtually illegible.
[01:57:21.000 --> 01:57:27.000] The guy's writing is just, it's almost like he tries to make it illegible.
[01:57:27.000 --> 01:57:28.000] Okay.
[01:57:28.000 --> 01:57:31.000] Well, that's neither relevant to the issue at hand or not.
[01:57:31.000 --> 01:57:34.000] He'll be called in to testify as to what it is.
[01:57:34.000 --> 01:57:37.000] But do you have a question out of this?
[01:57:37.000 --> 01:57:40.000] I got one more caller and I got about a minute to get him.
[01:57:40.000 --> 01:57:41.000] So what else you got?
[01:57:41.000 --> 01:57:45.000] I just want if there's any way for me to deal with this other than take the case.
[01:57:45.000 --> 01:57:46.000] Okay.
[01:57:46.000 --> 01:57:48.000] Well, call back in Thursday and we'll see what we can do.
[01:57:48.000 --> 01:57:50.000] Let me get to Jeff here if I got time to get him.
[01:57:50.000 --> 01:57:53.000] All right, Jeff, what can I do for you?
[01:57:53.000 --> 01:57:56.000] Yeah, what do I do with these Texas Tollway bills?
[01:57:56.000 --> 01:58:01.000] I don't remember going through anything.
[01:58:01.000 --> 01:58:07.000] Well, Texas Tollway, I have a friend that's working on those issues right now.
[01:58:07.000 --> 01:58:10.000] You may want to come to the class when we start talking about that.
[01:58:10.000 --> 01:58:13.000] I can see that you're in Austin, so it'd be a good idea.
[01:58:13.000 --> 01:58:20.000] Sunday from 2 to 5, brave new books down on Guadalupe and Martin Luther King.
[01:58:20.000 --> 01:58:26.000] All right, folks, this has been the Monday Night Traffic Show.
[01:58:26.000 --> 01:58:31.000] Rule of Law Radio with your host Eddie Craig, Deborah Stevens, Randy Kelton.
[01:58:31.000 --> 01:58:33.000] Thank you all so much for listening.
[01:58:33.000 --> 01:58:34.000] Thank you for coming to the classes.
[01:58:34.000 --> 01:58:38.000] Those of you that do and those of you that don't, get a move on.
[01:58:38.000 --> 01:58:45.000] Thank you, good night, and God bless.
[01:58:45.000 --> 01:58:51.000] Hey, did you hear?
[01:58:51.000 --> 01:58:54.000] Ron Paul has announced he's running for president in 2012.
[01:58:54.000 --> 01:58:55.000] Is it Ron Paul?
[01:58:55.000 --> 01:58:56.000] Really?
[01:58:56.000 --> 01:58:58.000] Okay, put down the cell phone for one minute.
[01:58:58.000 --> 01:59:01.000] Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:59:01.000 --> 01:59:04.000] Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:59:04.000 --> 01:59:05.000] Of course you do.
[01:59:05.000 --> 01:59:11.000] Now listen closely, 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.
[01:59:11.000 --> 01:59:13.000] They have all of his books and many of the books he talks about.
[01:59:13.000 --> 01:59:18.000] They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:59:18.000 --> 01:59:19.000] Brave New Books?
[01:59:19.000 --> 01:59:21.000] Did they have Harry Potter and Twilight?
[01:59:21.000 --> 01:59:27.000] No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:59:27.000 --> 01:59:30.000] That sounds like that show in the Discovery Channel.
[01:59:30.000 --> 01:59:37.000] 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.
[01:59:37.000 --> 01:59:38.000] What are you doing?
[01:59:38.000 --> 01:59:43.000] I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person.
[01:59:43.000 --> 01:59:44.000] Where's it located?
[01:59:44.000 --> 01:59:46.000] 1904 Guadalupe Street.
[01:59:46.000 --> 01:59:48.000] There, it's sent. I even made a smiley face.
[01:59:48.000 --> 02:00:00.000] Great.