ROL_2013-01-07_16k.timecode
[00:00.000 --> 00:04.080] Listen up, mom and dad.
[00:04.080 --> 00:08.680] Ditch those cigarettes and stop lighting up if you care about your kid's brains, that
[00:08.680 --> 00:09.680] is.
[00:09.680 --> 00:10.680] I'm Dr. Kaepfer in Albright.
[00:10.680 --> 00:16.880] I'll have the details on a new study on the dangers of secondhand smoke right after this.
[00:16.880 --> 00:18.600] Privacy is under attack.
[00:18.600 --> 00:22.200] When you give up data about yourself, you'll never get it back again.
[00:22.200 --> 00:27.200] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.200 --> 00:28.720] So protect your rights.
[00:28.720 --> 00:32.320] Stay known to surveillance and keep your information to yourself.
[00:32.320 --> 00:34.960] Privacy, it's worth hanging onto.
[00:34.960 --> 00:40.560] This message is brought to you by StartPage.com, the private search engine alternative to Google,
[00:40.560 --> 00:42.280] Yahoo and Bing.
[00:42.280 --> 00:44.280] Start over with StartPage.
[00:44.280 --> 00:49.640] As if you needed another reason to quit smoking, here's one more.
[00:49.640 --> 00:55.360] A new study shows kids exposed to secondhand smoke at home have lower IQs and do worse
[00:55.360 --> 00:57.240] on achievement tests.
[00:57.240 --> 01:03.560] Ohio researchers studied more than 4,000 children age 6 to 16 and gave them math, reading and
[01:03.560 --> 01:04.960] memory tests.
[01:04.960 --> 01:10.000] The kids with higher blood levels of code mean a breakdown product of nicotine scored
[01:10.000 --> 01:11.640] worse than their peers.
[01:11.640 --> 01:15.640] In fact, those kids IQs were two to five points lower.
[01:15.640 --> 01:19.000] So the next time you're tempted to flick that big, think twice.
[01:19.000 --> 01:23.040] You may be turning your kid's brain cells to ashes right along with that cigarette.
[01:23.040 --> 01:29.600] I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine.
[01:29.600 --> 01:38.720] The speed limit on most U.S. highways tops out at a whole home 75 miles an hour.
[01:38.720 --> 01:42.120] The Texas is opening a road that will be the fastest in the land.
[01:42.120 --> 01:46.640] I'm Dr. Cameron Albrecht, back with America's highest speed road.
[01:46.640 --> 01:47.640] Next.
[01:47.640 --> 01:49.520] Privacy is under attack.
[01:49.520 --> 01:53.160] When you give up data about yourself, you'll never get it back again.
[01:53.160 --> 01:58.160] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:58.160 --> 01:59.680] So protect your rights.
[01:59.680 --> 02:03.240] Say no to surveillance and keep your information to yourself.
[02:03.240 --> 02:04.240] Privacy.
[02:04.240 --> 02:05.920] It's worth hanging on to.
[02:05.920 --> 02:11.560] This message is brought to you by StartPage.com, the private search engine alternative to Google,
[02:11.560 --> 02:13.240] Yahoo and Bing.
[02:13.240 --> 02:16.840] Start over with StartPage.
[02:16.840 --> 02:20.080] In Texas, they say, everything is bigger and better.
[02:20.080 --> 02:24.320] Well now, Texans can call themselves something else, faster.
[02:24.320 --> 02:27.880] That's because officials in the Lone Star State have upped the speed limit on a toll
[02:27.880 --> 02:30.600] road between Austin and San Antonio.
[02:30.600 --> 02:35.280] They've raised it to 85 miles an hour, making it the speediest highway in the land.
[02:35.280 --> 02:39.840] That may have been dangerous 50 years ago when cars weren't capable of traveling at
[02:39.840 --> 02:41.280] sustained high speeds.
[02:41.280 --> 02:47.040] But with today's superior engines, brakes, suspension systems and tires, why not?
[02:47.040 --> 02:51.400] In fact, if this weren't a toll road, I'd say maybe they're putting the free back in
[02:51.400 --> 02:52.400] freeway.
[02:52.400 --> 02:53.400] Yee-haw!
[02:53.400 --> 03:18.400] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:18.400 --> 03:35.400] I'm Dr. Catherine Albrecht, the world's most private search engine.
[03:35.400 --> 03:58.680] Alright folks, good evening, this is the Rule of Law Radio, Monday night traffic show.
[03:58.680 --> 04:01.800] I am your host, Eddie Craig.
[04:01.800 --> 04:06.240] Today is going to be very, very interesting.
[04:06.240 --> 04:11.400] What we're going to have is a little bit of a discussion on an event that I was involved
[04:11.400 --> 04:18.120] with today, and it's very interesting.
[04:18.120 --> 04:25.520] I went to a court hearing today with an attorney to fight a traffic ticket, and I discussed
[04:25.520 --> 04:37.200] with him all the issues up front, and we opened his eyes quite a bit to the kangaroo occupation
[04:37.200 --> 04:39.520] called the traffic court.
[04:39.520 --> 04:47.320] Basically, this justice of the peace insisted that the law was not the law, and that the
[04:47.320 --> 04:56.000] law as the attorney was pointing it out didn't mean what it said, specifically several sections,
[04:56.000 --> 05:00.080] but one of the primary ones here is 45.018b.
[05:00.080 --> 05:10.240] Now in 45.018b, it clearly states that the person accused is in Title II.
[05:10.240 --> 05:16.120] Those three words together are defined in Chapter 311 of the government code.
[05:16.120 --> 05:28.480] The definition for is in Title II specifically is creates or recognizes a right.
[05:28.480 --> 05:38.120] So you could read 45.018b to say the accused has the right to everything that follows.
[05:38.120 --> 05:50.920] What follows is a copy or notice of the complaint no later than one day prior to any proceeding
[05:50.920 --> 05:55.600] in the prosecution under that complaint.
[05:55.600 --> 06:04.120] Now one thing that can be argued is by the opposition is that there's nothing in 45.018b
[06:04.120 --> 06:09.360] that says you're entitled to notice of the complaint in writing.
[06:09.360 --> 06:13.920] So I don't have to give you a copy of it.
[06:13.920 --> 06:15.120] Wrong answer.
[06:15.120 --> 06:23.160] 45.02, if memory serves, but it's right at the very beginning of it, of Chapter 45 says
[06:23.160 --> 06:30.640] that if there is a rule of procedure that is not written into Chapter 45 of the Code
[06:30.640 --> 06:37.920] of Criminal Procedure relevant to a criminal proceeding, then the other rules or portions
[06:37.920 --> 06:42.760] of the criminal procedure code that are relevant to that particular part of the proceeding
[06:42.760 --> 06:45.560] are to be used.
[06:45.560 --> 06:53.440] So if there's something dealing with a summons that is not covered in Chapter 45, they're
[06:53.440 --> 07:03.680] required to go to the chapter that does cover summonses and, let's see, the warrants for
[07:03.680 --> 07:07.880] the traffic tickets, and that is Chapter 23.
[07:07.880 --> 07:14.160] So they don't get to hide in Chapter 45 and pretend that's all there is because it isn't.
[07:14.160 --> 07:29.720] So in relation to this statement by this J.P., that 45.018b, he stated, only means that you're
[07:29.720 --> 07:35.320] entitled to have 24 hours notice in order to prepare your defense.
[07:35.320 --> 07:39.720] Wrong again, okay?
[07:39.720 --> 07:48.840] Any proceeding, doofus, any proceeding, not just trial, any proceeding is how the statute
[07:48.840 --> 07:50.200] reads.
[07:50.200 --> 07:58.800] 45.019f is where it says that you must object to the form and substance of the complaint
[07:58.800 --> 08:07.880] no later than one day prior to trial on the merits, but when it comes to getting notice,
[08:07.880 --> 08:17.320] you have the right to notice no later than 24 hours before any proceeding.
[08:17.320 --> 08:19.120] That would be first appearance, folks.
[08:19.120 --> 08:25.800] That would be appearing in compliance with the date on the citation itself.
[08:25.800 --> 08:32.160] That is the first proceeding in relation to the accusation against you, i.e., where the
[08:32.160 --> 08:38.360] complaint is supposed to already be in existence and never is.
[08:38.360 --> 08:47.880] In fact, this court was so blatant about it, we videotaped the county attorney having the
[08:47.880 --> 08:54.600] state trooper sign the complaint and have it notarized on the trunk of the trooper's
[08:54.600 --> 08:58.760] cruiser before court today.
[08:58.760 --> 09:05.480] That's how blatant they were at violating 45.018b and the rights of this accused individual
[09:05.480 --> 09:08.240] in having a copy of that complaint.
[09:08.240 --> 09:18.560] Then this idiotic JP tried to argue that that only relates to trial, no, it doesn't.
[09:18.560 --> 09:28.120] It relates to first appearance, pretrial, any proceeding that the court does in relation
[09:28.120 --> 09:33.440] to moving the prosecution forward.
[09:33.440 --> 09:34.440] End of story.
[09:34.440 --> 09:40.600] That's the only way that statute can be interpreted to give it a reasonable application.
[09:40.600 --> 09:44.200] The only way.
[09:44.200 --> 09:50.600] Because any other interpretation like this moronic JP came up with, and to top it off,
[09:50.600 --> 09:54.160] he's using an annotated version of the Code of Criminal Procedure, which is exactly the
[09:54.160 --> 09:59.480] same thing we were using, except the JP's was out of date and ours was current, but
[09:59.480 --> 10:01.120] they're still referencing the same case.
[10:01.120 --> 10:08.800] There's only one case listed under 45.018 and it doesn't talk about sub-item B, it talks
[10:08.800 --> 10:15.800] about sub-item A, where it states what a complaint is.
[10:15.800 --> 10:22.040] And the case law that the judge is looking at only talks about why a complaint exists.
[10:22.040 --> 10:29.160] It doesn't say a darn thing about why it's required to be given to the individual prior
[10:29.160 --> 10:33.320] to the first proceeding.
[10:33.320 --> 10:39.000] Because of the right of notice of the nature and cause against you.
[10:39.000 --> 10:40.760] And guess what?
[10:40.760 --> 10:47.440] The part requiring it to be in writing is in the Bill of Rights part of the Code of Criminal
[10:47.440 --> 10:48.440] Procedure.
[10:48.440 --> 10:53.680] Every one of the Code of Criminal Procedure is all about the rights of the accused.
[10:53.680 --> 10:58.360] That's all Chapter 1 in the Code of Criminal Procedure here in Texas is, the rights of
[10:58.360 --> 11:01.960] the accused, very first chapter.
[11:01.960 --> 11:09.560] 1.05 specifically states that in all criminal prosecutions, the accused has the right to
[11:09.560 --> 11:18.400] be heard by themselves, by counsel, or by both, and to have a written copy of the, to
[11:18.400 --> 11:25.640] have notice of the nature and cause and a written copy thereof.
[11:25.640 --> 11:30.880] Written copy thereof.
[11:30.880 --> 11:36.360] I mean how can you give somebody a copy of the nature and cause in any form other than
[11:36.360 --> 11:40.640] written form?
[11:40.640 --> 11:46.920] And yet this JP's insisting that this has nothing to do with anything as far as notice
[11:46.920 --> 11:50.640] except for preparation for actual trial.
[11:50.640 --> 11:52.200] Wrong.
[11:52.200 --> 11:53.880] Now you know what's going to really astound me?
[11:53.880 --> 11:57.400] I'm going to research this JP.
[11:57.400 --> 12:05.080] His, it's Richard Owen, I forgot what his last, or middle name is, but it's Richard Owen
[12:05.080 --> 12:10.680] is the JP in Lano County, and I believe it's precinct one.
[12:10.680 --> 12:15.440] But when you, what I want to do, if there's anybody out there with more time on their
[12:15.440 --> 12:21.520] hands than I've got, which could be virtually anybody, but be that as it may, if you've
[12:21.520 --> 12:30.840] got a few minutes and are good at research and want to email it to me at eddie, eddieatruleoflawradio.com,
[12:30.840 --> 12:37.840] find out what you can about Justice of the Peace Richard Owen in Lano, that's two L's,
[12:37.840 --> 12:47.760] A-N-O County, L-L-A-N-O County here in Texas, and it's Richard Owens.
[12:47.760 --> 12:56.520] And I'm going to see if it's, it just scares me to even think this.
[12:56.520 --> 13:01.520] I would like to know whether or not this guy is a judge of a previous higher court.
[13:01.520 --> 13:07.280] I mean, it would be astounding to me if this JP is a retired district court judge and is
[13:07.280 --> 13:10.120] this stupid.
[13:10.120 --> 13:12.040] And there's no other way to describe this.
[13:12.040 --> 13:16.560] This is blatant judicial stupidity and arrogance.
[13:16.560 --> 13:21.880] That's all this JP exhibited today.
[13:21.880 --> 13:25.720] He even told the attorney that when we're done here, we're going to take you back in
[13:25.720 --> 13:34.200] the office and I'm going to explain to you what the law is, and it's like, man, you need
[13:34.200 --> 13:36.120] to un-pucker that sphincter just a tad.
[13:36.120 --> 13:38.720] You're losing oxygen at a rapid rate.
[13:38.720 --> 13:41.520] You just don't get it, do you judge?
[13:41.520 --> 13:43.640] You've already violated my due process.
[13:43.640 --> 13:48.400] You can't just declare that doesn't matter and move forward.
[13:48.400 --> 13:50.760] You can't.
[13:50.760 --> 13:51.760] So what did they do?
[13:51.760 --> 13:56.920] They actually had this attorney appear for trial today.
[13:56.920 --> 14:01.000] And then when he raised these issues, immediately decided, well, we won't have trial today.
[14:01.000 --> 14:05.320] We'll reset it, and that way you have time to prepare.
[14:05.320 --> 14:11.000] They also tried to compel the entry of a plea, and they didn't have a jury impaneled,
[14:11.000 --> 14:15.720] which that is the only time they're allowed to take a plea in these types of cases.
[14:15.720 --> 14:18.920] It's written right into Chapter 45.
[14:18.920 --> 14:26.160] After the jury is impaneled, the court shall request a plea.
[14:26.160 --> 14:28.600] It's not before.
[14:28.600 --> 14:31.680] You know why that's required that way?
[14:31.680 --> 14:38.480] Because the entering of a plea vacates your claim to three specific protected rights of
[14:38.480 --> 14:40.720] due process.
[14:40.720 --> 14:44.840] By entering a plea, you waive the right to notice.
[14:44.840 --> 14:52.960] You waive in personum jurisdiction, and you waive the right to argue against the form
[14:52.960 --> 14:57.080] and substance of the complaint and charging instrument.
[14:57.080 --> 15:01.280] All the case law says once you plea, those rights are gone.
[15:01.280 --> 15:03.720] They are waived.
[15:03.720 --> 15:14.440] So when these courts specifically force you to make a plea or enter a plea for you prior
[15:14.440 --> 15:25.760] to complying with 45.018b and 45.019, then they have removed those three protected due
[15:25.760 --> 15:31.400] process rights from you against your will and without waiver.
[15:31.400 --> 15:41.600] It's that simple, and yet these so-called judges are utterly clueless about what they
[15:41.600 --> 15:43.320] just did.
[15:43.320 --> 15:49.920] And if they're not utterly clueless, then they are utterly criminal.
[15:49.920 --> 15:55.160] I mean it really is a no-win situation for these judges in a lot of ways.
[15:55.160 --> 15:56.800] Let's look at this real quick.
[15:56.800 --> 16:04.040] If you get the judge to admit that he violated your due process, then he committed a crime.
[16:04.040 --> 16:11.840] If the judge moves forward and then changes his mind after the fact, he's judicially incompetent.
[16:11.840 --> 16:13.700] It's a no-win for him.
[16:13.700 --> 16:20.480] So the best thing he can do is bully his way through and try to get you to accept the bullying
[16:20.480 --> 16:24.760] to the degree that you acquiesce and enter a plea on your own.
[16:24.760 --> 16:30.520] And once you do that, it's a done deal.
[16:30.520 --> 16:32.880] We can't let them keep getting away with this, folks.
[16:32.880 --> 16:35.120] We need to learn this process.
[16:35.120 --> 16:39.680] And I'll talk about this a little bit more on the other side before we go to a couple
[16:39.680 --> 16:42.000] of other things and start taking your calls.
[16:42.000 --> 16:43.800] All right, y'all hang in there.
[16:43.800 --> 16:45.360] This is Rule of Law Radio.
[16:45.360 --> 16:49.760] I am your host, Eddie Craig, calling number 512-646-1984.
[16:49.760 --> 16:54.240] If you want to get in line and can afford to hang on, do that.
[16:54.240 --> 16:57.240] And we'll start taking your calls here probably after the next segment.
[16:57.240 --> 16:58.240] We'll be right back.
[16:58.240 --> 17:12.900] So I said I was doing well, but the truth to you I'll tell.
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[18:56.820 --> 19:22.820] to learn how to stop debt collectors next.
[19:22.820 --> 19:29.820] Thank you very much.
[19:52.820 --> 20:18.820] Alright folks, we are back. This is Rule of Law Radio.
[20:18.820 --> 20:24.820] Again, call in number 512-646-1984.
[20:24.820 --> 20:30.820] Okay, now let's continue on with this little kangaroo court.
[20:30.820 --> 20:35.820] There's all kinds of names we can give it, but we won't in polite company.
[20:35.820 --> 20:46.820] Anyway, the other things that went on today that were of very keen interest was that I went in and requested to see the record.
[20:46.820 --> 20:49.820] Well, immediately there was a deluge of questions.
[20:49.820 --> 20:55.820] Are you so and so asking me if I was the attorney that was being accused?
[20:55.820 --> 20:58.820] Am I his legal counsel? Am I this? Am I that?
[20:58.820 --> 21:03.820] And I just kind of grinned and say, well, for the moment we're just not going to be talking about that.
[21:03.820 --> 21:07.820] And who I am is irrelevant. I'm just here to see the public record.
[21:07.820 --> 21:13.820] I mean, I just basically ran them in circles with their questions and never answered them, but I got to see the record.
[21:13.820 --> 21:16.820] And of course, there was no complaint. There was no charging instrument.
[21:16.820 --> 21:22.820] None of those things that were required to be there before we even got to this point existed.
[21:22.820 --> 21:29.820] And by the prosecutor's own admission did not exist until it was notarized on the trunk of the car that day.
[21:29.820 --> 21:40.820] Now, right there in front of this JP, you just had the prosecutor confess to prosecutorial misconduct and the JP did nothing.
[21:40.820 --> 21:55.820] The prosecutor confessed to a violation of the code of criminal procedure that denied a defendant in a statutorily created right and the judge never said a word.
[21:55.820 --> 22:13.820] Nor did the judge protect the right of the accused instead compelled the accused to absorb the misconduct by the prosecutor as if it was somehow the accused individual's fault.
[22:13.820 --> 22:15.820] And it isn't.
[22:15.820 --> 22:20.820] Now, that's just the tip of the incompetency and corrupt iceberg.
[22:20.820 --> 22:29.820] The officer that wrote the citation to this gentleman is a Department of Public Safety trooper, a DPS trooper.
[22:29.820 --> 22:40.820] And while I was standing there looking at the court record, the DPS trooper entered and was standing there next to me.
[22:40.820 --> 22:45.820] Now, immediately the clerk started telling him, you know, well, this guy's here to see the record.
[22:45.820 --> 22:54.820] And that sort of screwed up one of the plans we had in the works as far as demanding a lineup to identify the accused by the officer.
[22:54.820 --> 22:57.820] That's something folks are going to be working on in the future.
[22:57.820 --> 23:01.820] This is where our court watching groups are going to come in so handy, but I'll get back to that in a minute.
[23:01.820 --> 23:11.820] In any case, as the trooper standing there next to me, the JP walks by a door that's open into the clerk's office there down a hallway.
[23:11.820 --> 23:15.820] And the trooper looks up and goes, hey, judge, and the judge acknowledges.
[23:15.820 --> 23:23.820] And then the trooper immediately walks through the doorway and proceeds to follow the judge to his office.
[23:23.820 --> 23:26.820] And everybody out there that's going, well, so what?
[23:26.820 --> 23:29.820] Well, let me tell you, so what?
[23:29.820 --> 23:47.820] You have the judge presiding over the case that is now communicating ex parte with state's primary witness in a criminal prosecution against the accused.
[23:47.820 --> 24:00.820] That folks is the absolute definition of violation of the appearance of fair and impartial.
[24:00.820 --> 24:10.820] The moment that trooper walked down that hallway and started speaking with that judge out of the presence of either party, both parties in this case is required,
[24:10.820 --> 24:24.820] but conducted a private conversation with this judge right before a case pending in that court to which that trooper is a witness.
[24:24.820 --> 24:29.820] All appearance of fairness and impartiality went right in file 13.
[24:29.820 --> 24:30.820] It's gone.
[24:30.820 --> 24:31.820] It's history.
[24:31.820 --> 24:33.820] It's unmentionable.
[24:33.820 --> 24:35.820] It doesn't exist anymore.
[24:35.820 --> 24:39.820] Kind of like the IQ of this justice and the prosecutor.
[24:39.820 --> 24:44.820] I mean, this may be somebody's grandpa and husband.
[24:44.820 --> 24:50.820] And in that capacity, he may be one of the nicest best men in the world.
[24:50.820 --> 24:57.820] But as a justice of the peace, this dude deserves to be hung because he doesn't know his job.
[24:57.820 --> 24:59.820] He doesn't know the law.
[24:59.820 --> 25:02.820] He doesn't know criminal procedure.
[25:02.820 --> 25:14.820] What he knows is what he's been directed to do for however long he's been a JP by his arrogance and his tone of voice.
[25:14.820 --> 25:28.820] That's what leads me to believe that he is a prior judge from a higher court because he definitely acted like he was above reproach or question in his determination of anything.
[25:28.820 --> 25:41.820] But the moment he started explaining any reason he had for saying that the accused had waived special appearance and all this other kind of stuff, I could tell by the way he was making the argument.
[25:41.820 --> 25:44.820] He only knew the subject superficially.
[25:44.820 --> 25:46.820] He didn't really understand it.
[25:46.820 --> 25:57.820] And if he did understand it, then he was intentionally misrepresenting the case law to the accused in order to get his way.
[25:57.820 --> 26:03.820] Again, the appearance of fairness and impartiality right out the window.
[26:03.820 --> 26:25.820] There is no way under the sun any reasonable court of appeal could say that a JP acted properly or any lower court judge acted properly when they act to intentionally mislead either party as to the proper application of law relevant to the issue in the court.
[26:25.820 --> 26:28.820] Or the question being raised.
[26:28.820 --> 26:31.820] No, there is no way.
[26:31.820 --> 26:32.820] Okay.
[26:32.820 --> 26:36.820] And that folks is exactly what we went through dealing with today.
[26:36.820 --> 26:46.820] It's just, you know, it's, it was completely enraging to watch.
[26:46.820 --> 27:00.820] I mean, had I been the one sitting in that defense chair, I'd probably be in jail right now on a contempt charge, because there is no way I would have let this JP get away with that.
[27:00.820 --> 27:02.820] Absolutely not.
[27:02.820 --> 27:06.820] But I know the subject better than this attorney did.
[27:06.820 --> 27:11.820] And he'll readily admit that this is my field of expertise.
[27:11.820 --> 27:16.820] And I coached him everything on how to do everything.
[27:16.820 --> 27:19.820] But again, this takes practice to master people.
[27:19.820 --> 27:25.820] You are not going to do it just by listening to me and thinking you're absorbing it and can do it.
[27:25.820 --> 27:36.820] This takes practice where you can think off the top of your head and snap whatever you need to out when the time comes around for it.
[27:36.820 --> 27:42.820] I mean, for those of you that have never been to one of my classes, and this is, this is, please don't misunderstand me.
[27:42.820 --> 27:44.820] This is not meant to sound like I'm bragging.
[27:44.820 --> 27:58.820] But the fact of the matter is I have done this enough that when you want to sit up there and throw some sort of weird objection to me as a prosecutor or an argument by acting as the judge or whatever,
[27:58.820 --> 28:17.820] I will respond to you with so much detail and bludgeoning of your ineptness to even formulate the question or the objection that you would wish to God they would ship you to Iraq for battle because you're losing this one so badly.
[28:17.820 --> 28:26.820] I don't pull any punches with these people and I don't hold back and I don't let them snow blind me to what they're doing.
[28:26.820 --> 28:30.820] I can see through it because I know what the law is.
[28:30.820 --> 28:34.820] I know what its purpose is and they don't have a clue.
[28:34.820 --> 28:40.820] And if they do, then they are intentionally misrepresenting it for the purpose of stealing money.
[28:40.820 --> 28:41.820] That's fraud.
[28:41.820 --> 28:44.820] That's outright fraud.
[28:44.820 --> 28:49.820] That focus is where we need to get these people nailed to the wall.
[28:49.820 --> 28:56.820] We have to start fighting every single ticket for multiple reasons.
[28:56.820 --> 28:59.820] Stop looking at it as an inconvenience.
[28:59.820 --> 29:09.820] Look at it as hammering nails into the coffin lid until the thing inside can't get the lid off the crawl out anymore.
[29:09.820 --> 29:19.820] And the thing inside that we want to keep there is this fraud and theft system known as traffic court.
[29:19.820 --> 29:26.820] We've got to bury this thing but we've got to keep it in the box first.
[29:26.820 --> 29:35.820] And one of the ways we can do that is to put nails in the lid and those nails is every single citation being fought
[29:35.820 --> 29:43.820] because the cost of prosecuting every single ticket that's being fought would break the system's bank.
[29:43.820 --> 29:45.820] They couldn't do it.
[29:45.820 --> 29:50.820] Alright folks, call in number 512-646-1984.
[29:50.820 --> 29:53.820] We will be right back on the other side of the break.
[29:53.820 --> 29:54.820] This is Rural Law Radio.
[29:54.820 --> 29:56.820] Eddie Craig, hang in there.
[29:56.820 --> 29:59.820] We'll be right back.
[29:59.820 --> 30:04.820] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:04.820 --> 30:06.820] The government says the fire brought it down.
[30:06.820 --> 30:11.820] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:11.820 --> 30:14.820] Over 6,000 of my fellow service members have given their lives.
[30:14.820 --> 30:17.820] And thousands of my fellow force responders have died.
[30:17.820 --> 30:18.820] I'm not a conspiracy theorist.
[30:18.820 --> 30:19.820] I'm not a structural engineer.
[30:19.820 --> 30:21.820] I'm a New York City correction officer.
[30:21.820 --> 30:22.820] I'm an Air Force pilot.
[30:22.820 --> 30:23.820] I'm a father who lost his son.
[30:23.820 --> 30:26.820] We're Americans and we deserve the truth.
[30:26.820 --> 30:29.820] Go to RememberBuilding7.org today.
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[31:00.820 --> 31:06.820] It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[31:06.820 --> 31:09.820] And neither is finding like-minded people to share it with.
[31:09.820 --> 31:12.820] Oh, well, I guess you haven't heard of Brave New Books then.
[31:12.820 --> 31:13.820] Brave New Books?
[31:13.820 --> 31:14.820] Yes.
[31:14.820 --> 31:20.820] Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, Angie Ebert Griffin.
[31:20.820 --> 31:24.820] They even stock inner food, Burkey products, and Calvin Soaps.
[31:24.820 --> 31:26.820] There's no way a place like that exists.
[31:26.820 --> 31:28.820] Go check it out for yourself.
[31:28.820 --> 31:32.820] It's downtown at 1904 Guadalupe Street just south of UT.
[31:32.820 --> 31:36.820] Oh, by UT? There's never anywhere to park down there.
[31:36.820 --> 31:43.820] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[31:43.820 --> 31:47.820] It does exist, but when are they open?
[31:47.820 --> 31:52.820] Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[31:52.820 --> 31:59.820] So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[32:01.820 --> 32:06.820] Live free speech radio, logosradionetwork.com.
[32:06.820 --> 32:10.820] Live free speech radio, logosradionetwork.com.
[32:31.820 --> 32:32.820] Alright folks, we are back.
[32:32.820 --> 32:34.820] This is Rule of Law Radio.
[32:34.820 --> 32:44.820] Alright, one other thing we want to get into real quick is for those of you that don't know about the case law that's been around for a long time,
[32:44.820 --> 32:51.820] that has declared corporate legal entities, which are basically just ethereal concepts.
[32:51.820 --> 32:54.820] They're not living, they're not breathing, they're not even material.
[32:54.820 --> 32:59.820] They're just legal concepts written onto a sheet of paper.
[32:59.820 --> 33:11.820] Some idiot in the federal courts at the Supreme Court level ruled that corporations are persons under the definition of that term.
[33:11.820 --> 33:17.820] Now this was stupidity of maximum content, okay?
[33:17.820 --> 33:27.820] But in any case, there is now the issue of corporate entities being considered persons.
[33:27.820 --> 33:34.820] Well in California, there is a man by the name of Jonathan Freeman who did there pretty much what I do with the statutes here.
[33:34.820 --> 33:42.820] And that is he took the very language of the statute and he used it to bludgeon the system.
[33:42.820 --> 33:48.820] And he's in the process of going through that in California right now with the case he's got.
[33:48.820 --> 33:54.820] Now what I want you to do is we're going to play the video of this and of course you're only going to hear the audio.
[33:54.820 --> 34:02.820] If you want to follow it afterwards on YouTube, it is 4409 man uses HOV lane with corporation papers.
[34:02.820 --> 34:07.820] And one of our call screeners, Larry, sent me this and I reviewed it before this.
[34:07.820 --> 34:10.820] And it's still an interesting subject for two reasons.
[34:10.820 --> 34:16.820] One, it deals with transportation because it's about the use of HOV lanes, high occupancy vehicle lanes.
[34:16.820 --> 34:19.820] And that of course is a transportation issue.
[34:19.820 --> 34:32.820] And the second thing is is the idiotic opinion of some more idiotic judge that creates a legal fiction and tries to make it a person comparable
[34:32.820 --> 34:39.820] and equal to a living human with all the same rights and privileges in the eyes of the law.
[34:39.820 --> 34:41.820] And that's just wrong.
[34:41.820 --> 34:49.820] That's how corporations have managed to steal us blind is because they now enjoy the protection of constitutional rights,
[34:49.820 --> 34:57.820] even though the Constitution had absolutely no application to a legal fiction.
[34:57.820 --> 34:59.820] But that's what these idiots have ruled.
[34:59.820 --> 35:04.820] So for the sake of judicial competency, assume there isn't any.
[35:04.820 --> 35:20.820] Okay, for that being said, can we please roll the video?
[35:20.820 --> 35:36.820] This is Activism 101 and what this guy did is amazing.
[35:36.820 --> 35:42.820] It was a guy in California who made a claim for, he went for 10 years driving in the HOV lane.
[35:42.820 --> 35:48.820] And if any of you know, I've got actually a website called HOV lane fraud.
[35:48.820 --> 35:58.820] I talk about that scam for a long time about how the government stole a lane that people have already paid for and then turn it into this privileged lane where
[35:58.820 --> 36:06.820] cops and firemen and all these privileged judges and all these people get to drive down the lane, of course, and never get tickets.
[36:06.820 --> 36:15.820] But you, unless you've got a hybrid, unless you're a bureaucrat sanctioned you to be on that road, well, you can't be on there unless you have somebody with you.
[36:15.820 --> 36:19.820] Anyway, it's just a way to steal the lane and eventually they turn it into a toll road.
[36:19.820 --> 36:29.820] But anyway, this guy in California drove in the carpool lane with corporation papers in his passenger side and he says, hey, you guys say that corporations are people?
[36:29.820 --> 36:33.820] Well, I have a person here and we're going to go to court over it.
[36:33.820 --> 36:35.820] And actually, it's unbelievable what I heard.
[36:35.820 --> 36:38.820] I thought it was the greatest thing ever because you know what he did?
[36:38.820 --> 36:43.820] He took their bogus, rules, statutes, and he checkmated the court.
[36:43.820 --> 36:48.820] If you get caught, it's a hefty fine driving in the carpool lane alone.
[36:48.820 --> 36:54.820] But a Bay Area man says he wasn't really alone and this is where the story gets legally tricky.
[36:54.820 --> 36:56.820] In this case could have a national impact.
[36:56.820 --> 36:59.820] NBC Bay Area's Geanelli has the story from Marin County.
[36:59.820 --> 37:05.820] Carpool lane signs here in Marin County say two persons have to be in the car to use the lane legally.
[37:05.820 --> 37:08.820] Under the law, a corporation is a person.
[37:08.820 --> 37:15.820] So Jonathan Freeman says his corporation should be considered a person in his car.
[37:15.820 --> 37:18.820] I hope he shows because then the ticket won't be dismissed.
[37:18.820 --> 37:21.820] Jonathan Freeman wants his day in court.
[37:21.820 --> 37:26.820] In October, he intentionally drove by himself in the carpool lane and got a ticket.
[37:26.820 --> 37:28.820] It took me 10 years to get a ticket.
[37:28.820 --> 37:31.820] But he says he wasn't really alone.
[37:31.820 --> 37:34.820] He had his corporation papers along for the ride.
[37:34.820 --> 37:35.820] Family foundation.
[37:35.820 --> 37:38.820] I got corporation papers here for a certain person.
[37:38.820 --> 37:41.820] And then he just yelled at me and said, you need two persons in the car.
[37:41.820 --> 37:45.820] I said, I got them in my younger brother.
[37:45.820 --> 37:47.820] Under the law, a corporation is a person.
[37:47.820 --> 37:51.820] The carpool lane sign says two persons must be in the car.
[37:51.820 --> 37:55.820] Freeman says he's just taking advantage of corporate power.
[37:55.820 --> 37:56.820] I'm just taking the power.
[37:56.820 --> 37:57.820] I'm resting the power.
[37:57.820 --> 38:02.820] I'm using it for my service for driving in the carpool lane.
[38:02.820 --> 38:04.820] It's a little bit more of a stretch.
[38:04.820 --> 38:06.820] Law professor Robert Talbot sees the road.
[38:06.820 --> 38:08.820] Freeman is going down.
[38:08.820 --> 38:12.820] But says the intent of the carpool lane law is to get cars off the road.
[38:12.820 --> 38:16.820] And Freeman is steering away from the intent of the law.
[38:16.820 --> 38:21.820] The court might say, well, you know, it says person and a corporation is a person.
[38:21.820 --> 38:24.820] So that'll work for a carpool lane.
[38:24.820 --> 38:25.820] But I doubt it.
[38:25.820 --> 38:29.820] Freeman is hoping to take his case well beyond a Marin County traffic hearing.
[38:29.820 --> 38:35.820] He wants corporate personhood and the protections corporations have debated in a higher court.
[38:35.820 --> 38:40.820] To turn this legal definition on his head.
[38:40.820 --> 38:41.820] He's got the ticket.
[38:41.820 --> 38:44.820] He hopes we'll shift the conversation into high gear.
[38:44.820 --> 38:49.820] He says a carpool lane is two or more persons per vehicle, he said.
[38:49.820 --> 38:56.820] The definition of person in California's vehicle code is natural person or corporation.
[38:56.820 --> 39:01.820] He says just imagine that courtroom scene will be like he imagined what they might say.
[39:01.820 --> 39:06.820] He said your honor, according to the vehicle code definition and legal sources, I did have a person in my car.
[39:06.820 --> 39:10.820] But the officer so and so believes I did not have another person in my car.
[39:10.820 --> 39:14.820] If you rule in favor, you're saying that corporations are not persons.
[39:14.820 --> 39:16.820] I hope you do rule in his favor.
[39:16.820 --> 39:20.820] I hope you do overturn 125 years of settled law.
[39:20.820 --> 39:21.820] Checkmate.
[39:21.820 --> 39:23.820] I mean, I love it.
[39:23.820 --> 39:27.820] I mean, the cop just magically probably won't show up on this and they'll dismiss it.
[39:27.820 --> 39:28.820] You know what he could do?
[39:28.820 --> 39:36.820] He could say that his license is a straw man in a corporation and he could put his driver's license in the passenger seat and drive that way.
[39:36.820 --> 39:38.820] I mean, what do you think about this?
[39:38.820 --> 39:39.820] Tell me what you think.
[39:39.820 --> 39:41.820] Do you think the guy has a good argument?
[39:41.820 --> 39:43.820] Do you think he's going to win?
[39:43.820 --> 39:45.820] Are they going to dismiss it?
[39:45.820 --> 39:49.820] They're just going to do like most courts do and just make shit up and just rule against him.
[39:49.820 --> 39:51.820] Tell me what you think.
[39:51.820 --> 39:55.820] The link will be at the bottom to the story and tell me what you think of it.
[39:55.820 --> 39:56.820] I think it's amazing.
[39:56.820 --> 39:59.820] This is the type of activism that's just hardcore.
[39:59.820 --> 40:00.820] I love it.
[40:00.820 --> 40:03.820] So anyway, from 44 9 studios, man.
[40:03.820 --> 40:04.820] See ya.
[40:13.820 --> 40:14.820] All right.
[40:14.820 --> 40:18.820] Now that right there is a very good use of the statute.
[40:18.820 --> 40:26.820] Actually, he took their terminology person, their definition of it, which says it includes this fictitious entity.
[40:26.820 --> 40:36.820] Then he went and created himself a little old corporation, got the articles of incorporation written up and carries them around in his car.
[40:36.820 --> 40:40.820] Now there are two persons, not two people.
[40:40.820 --> 40:45.820] The statute specifically says persons.
[40:45.820 --> 40:52.820] There are now two persons in his car in the eyes of the law and that law professor that's saying, well, he's ignoring the intent of the law.
[40:52.820 --> 40:55.820] Well, guess what?
[40:55.820 --> 41:11.820] Every single day, the courts and the law enforcement morons ignore the intent of the law when it comes to issuing transportation citations to people that aren't in transportation.
[41:11.820 --> 41:15.820] You dimwit.
[41:15.820 --> 41:21.820] How much further from the application and intent of the law can you get?
[41:21.820 --> 41:33.820] You're trying to compel people that don't want to be engaged in a commercially-regulable activity and compelling them to engage in that commercially-regulable activity.
[41:33.820 --> 41:48.820] And saying that that is not a complete misapplication of the intent of the law, then why didn't they call it a people moving code?
[41:48.820 --> 41:59.820] Why didn't they call it anything other than transportation, which only has one legal meaning as it's currently used under the intent of that code?
[41:59.820 --> 42:10.820] Because the only other intent and meaning given to transportation is the movement of criminals to a remote penal facility.
[42:10.820 --> 42:12.820] So which one do you want to use?
[42:12.820 --> 42:17.820] The commercial application or the criminal penal code relocation application.
[42:17.820 --> 42:32.820] In either case, why are you applying it to me when I am not engaging in a commercial activity, nor have I been convicted of a crime in order to make me a criminal that requires legal relocation to a penal facility?
[42:32.820 --> 42:49.820] That shouldn't be that far a stretch or that tough to wrap your mind around, Judge. Where do you get off attempting to shoehorn me into something I'm not and saying that I just must buck up and be forced and compelled to participate?
[42:49.820 --> 42:53.820] No, sorry, not going to happen.
[42:53.820 --> 43:04.820] Okay, that doesn't stop them from trying because that is exactly what they do is they try and you help them most of the time, whether you realize it or not.
[43:04.820 --> 43:09.820] A lot of what they do succeeds because you help them.
[43:09.820 --> 43:24.820] This magistrate tried so hard today to get this gentleman to enter a plea, but fortunately he withstood the barrage and kept saying I can't. I can't enter a plea right now. There's no way I could enter a plea and wouldn't do it.
[43:24.820 --> 43:29.820] So the court demanded that he do it one last time and said, well, we'll enter a plea for you.
[43:29.820 --> 43:40.820] Now the court has forcibly waived that individual's rights against his will and that folks cannot be allowed to happen anymore.
[43:40.820 --> 43:48.820] All right, this is rule of law radio. We did have some callers on the board that have disappeared. So I'll try to find out what's going on with that.
[43:48.820 --> 44:00.820] Number 512-646-1984. We will be right back on the other side after this break. So y'all hang on.
[44:00.820 --> 44:03.820] Are you the plaintiff or defendant in a lawsuit?
[44:03.820 --> 44:18.820] In your case without an attorney with Jurisdictionary, the affordable, easy to understand four CD course that will show you how in 24 hours, step by step. If you have a lawyer, know what your lawyer should be doing.
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[44:27.820 --> 44:42.820] Jurisdictionary was created by a licensed attorney with 22 years of case winning experience. Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[44:42.820 --> 45:00.820] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics and much more. Please visit ruleoflawradio.com and click on the banner or call toll free 866-LAW-EZ.
[45:00.820 --> 45:16.820] The Oklahoma City bombing, top 10 reasons to question the official story, reason number one, John Doe number two and other accomplices. On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the writer truck report that he was accompanied by other perpetrators.
[45:16.820 --> 45:32.820] The FBI and federal prosecutors insist that Tim McVeigh alone delivered the writer truck bomb to the Murra building and detonated it. The only witness the government produced to place McVeigh at the building that morning, Dana Bradley, who lost her children and one of her legs in the bombing,
[45:32.820 --> 45:56.820] testified that she saw McVeigh with another man, the faithful John Doe number two, exiting the writer truck. While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing, no less than 226 witnesses placed him with other men in the days before the bombing, including when he rented the writer truck, and in some cases have positively identified the other perpetrators.
[45:56.820 --> 46:02.820] For more information, please visit okcbombingtruth.com.
[46:26.820 --> 46:46.820] All right folks, we are back. This is rule of law radio. All right, we do have a caller up on the board now. This is James. I don't know what state he's in, but we'll find out here in a second.
[46:46.820 --> 47:06.820] No, 512. That's got to be here. James, you in Austin? Yes, sir. Rob Rock. All right. What can we do for you? Well, I got a seating ticket while I was traveling here in Rob Rock, and I'm pretty familiar with the, first I want to say I really appreciate everything you'll do at rule of law radio.
[47:06.820 --> 47:19.820] I've been following you all since I've seen you on Alex Jones' show, and I think someone's already said this, but you know, they basically tell us everything that's going on, and you'll kind of give us the ammunition to address all this chaos.
[47:19.820 --> 47:39.820] I understand the transportation argument, but ever since I got the ticket, I've kind of been waiting for an encounter with an officer, and I got a ticket, and so I think I did it right. I deviated a few times from your actual script because I didn't have it at the time,
[47:39.820 --> 47:53.820] but I've heard you over and over that I kind of got the swing of it, and I may have made a few mistakes in maybe staying vehicle and talking to the other officer that came after the other officer that...
[47:53.820 --> 47:59.820] Wait, wait, wait, wait, wait, wait. You say you talked to another officer that came on the scene? Yeah, yeah.
[47:59.820 --> 48:09.820] Explain what you mean by talk? He, like, basically whenever they were there, the first officer, you know, I drove half a mile before I pulled over.
[48:09.820 --> 48:26.820] You what? I don't know the right term to use, but I know that ain't the right one. I was traveling. I was traveling, and when about half a mile, and then the cop pulled me over, so that kind of ticked him off, and the first thing he said was,
[48:26.820 --> 48:42.820] get out of the car. You know, I parked in a gas station, and when he asked for my driver's license and registration, I told him, you know, I'm not in transportation, so, you know, I don't want to give that because that would be me giving up my life as a private citizen,
[48:42.820 --> 48:56.820] and he pretty much immediately told me, get out of the car. I don't remember because I didn't take out anything to record anything. I kind of, I just forgot to get it all going, and so he kind of said it forcefully, so I just kind of got out of the car.
[48:56.820 --> 49:11.820] But when he pulled me over, he was asking, why'd you drive so long? I said, I didn't want you to tow my car, and he was like, I'll do it anyway, so right then and there, I kind of placed him in the whole time, and another officer came up after he had pulled me out.
[49:11.820 --> 49:26.820] He handcuffed me. I asked him if I was under arrest, and I forget if he said I was in investigative detention or custodial arrest. I forget which one he said, but he had me handcuffed, and then I was sitting on his hood for a while as he was looking up all my information,
[49:26.820 --> 49:44.820] and the other cop came, and all he said was, because he made a comment about my car, it's a Mini Cooper, and he was like, is it as fast as it is in a movie? And I kind of quietly said, oh, that one is, you know, and that's all I said to him. That's really all I said, but those are really the only two,
[49:44.820 --> 50:03.820] I think I mentioned vehicle while I was talking with the initial officer, but other than that, I pretty much kept quiet, and I've been listening, going back through your old archives, and I guess now what I'm not too confident in is defending against the prima facia case they attempt to make against me,
[50:03.820 --> 50:20.820] you know, objections, making the correct objection that at whatever point they try to build that case against me. Well, have you been to any of the classes? I haven't. I run a small long business, so I'm really tight on money right now, but I mean,
[50:20.820 --> 50:36.820] I got it this past Saturday on the 25th of December, so I got it on the 29th of December, I got it up here on the 25th of January, so I'm more than willing, that's what I was calling you to see if I had time to prepare for this, you know, coming to your classes,
[50:36.820 --> 50:44.820] I'm more than willing to start coming, but that's where I'm kind of at right now.
[50:44.820 --> 50:53.820] Okay, well, you need to be coming to the classes to learn what you're talking about. That's where we do the mock court and mock traffic stops and everything else.
[50:53.820 --> 51:11.820] In fact, while we're on the subject of dealing with that, as I said, the gentleman that I went to assist today is an attorney, and he has agreed to come to a couple of the classes and participate in that capacity and role play with us.
[51:11.820 --> 51:22.820] So he can also learn how to do this himself, because he is a civil law attorney, he doesn't do criminal by default, he's learning that now.
[51:22.820 --> 51:41.820] And so this will be extremely good practice for him, and it will give everyone a chance to see exactly what I keep trying to point out. Even the attorneys are ignorant of the law in relation to a lot of this.
[51:41.820 --> 51:55.820] They just don't know. And so if you think you as a non-attorney have been exposed to it enough, you're wrong.
[51:55.820 --> 52:08.820] You need to be coming to the classes. Everybody that's in Austin, everybody that knows somebody in Austin, hell, I had three people come down here from New York to come to class.
[52:08.820 --> 52:16.820] So I don't want to hear none of this. I had a busy week. It took me 20 minutes to get there. It took these guys four days.
[52:16.820 --> 52:20.820] I hear you. I hear you. I should have been coming before. I should have.
[52:20.820 --> 52:30.820] Yeah, well, that's what I keep trying to people understand. Why do you want to get trained for a competition boxing match the day before you have to step in the ring?
[52:30.820 --> 52:33.820] Yeah.
[52:33.820 --> 52:38.820] Is it possible to learn in that amount of time three, four weeks or so?
[52:38.820 --> 52:43.820] That is entirely upon the individual being taught.
[52:43.820 --> 52:45.820] Yeah.
[52:45.820 --> 52:53.820] I've had some individuals in the class that they pretty much have a mind like cement permanently set and all mixed up.
[52:53.820 --> 53:04.820] And then I have other people in the class that you would think they were politicians. They started their entire day and breakfast, lunch and dinner. They're eating cream of stupid soup.
[53:04.820 --> 53:14.820] But then I've got absolute geniuses. Now, let me explain something here. There's a little, I don't know exactly what her age is. She's somewhere between four and six.
[53:14.820 --> 53:23.820] She's the absolute cutest little redheaded girl we ever saw. She comes to this class with her dad and sometimes her siblings.
[53:23.820 --> 53:37.820] She can spout this stuff off the top of her head. She asks real relevant pertinent actual good questions about what is going on as do her siblings.
[53:37.820 --> 53:47.820] These are children and I'm talking young children. Okay. And they get it. They can ask good questions.
[53:47.820 --> 53:54.820] They can actually formulate an argument about why it's right or wrong.
[53:54.820 --> 53:59.820] And you're going to sit there and tell me that this is too hard for you as an adult to get in.
[53:59.820 --> 54:10.820] Ah, boy, you selling yourself short on the competency level. If you stood next to a child ago, what the hell you mean? You don't get it. I get it. Why don't you get it? You're the adult.
[54:10.820 --> 54:22.820] Okay. But anyway, that's just the way it is. So yes, come to class. Bring friends. Okay. Invite people you don't even like. I don't care.
[54:22.820 --> 54:32.820] The more people that we have learning how to fight back and losing their fear of fighting back, the better off we all will be.
[54:32.820 --> 54:39.820] I don't have to like the guy in the foxhole next to me to know he's got my back when we get rushed by the enemy.
[54:39.820 --> 54:48.820] I just have to know that he will shoot as many of them dead as I will before either of us disappear.
[54:48.820 --> 54:55.820] So let's get together and aim in one direction and shoot the right people while we're doing this. And I do not mean that literally, folks.
[54:55.820 --> 55:03.820] Okay. Especially you folks with the guns that like to use them so much. That is not a literal statement. Just so you know.
[55:03.820 --> 55:13.820] Okay. Now, it's a metaphor in case you didn't realize that. I know the IQ levels out there on the official side are a tad low.
[55:13.820 --> 55:26.820] Okay, James, what else you got? Well, would you say, because it's on the 25th of January, would I need to buy any time, you know, as for an extension so I could learn a little bit longer?
[55:26.820 --> 55:31.820] Well, you can always file a continuance if you can give the court a viable reason why you need one.
[55:31.820 --> 55:35.820] What would be a viable reason in a case like this?
[55:35.820 --> 55:42.820] You're awaiting discovery. File your paperwork for discovery and wait for them to not respond to it.
[55:42.820 --> 55:49.820] And do I give them a specific time? I heard a gentleman say he'd be filed for a continuance without a specific time.
[55:49.820 --> 56:03.820] You have to file for a continuance as early as you know there's going to be a problem, but there is no hard and fast time limit simply because an unexpected situation can't be planned for.
[56:03.820 --> 56:15.820] But it has to be a viable reason other than an attempt to delay or deceive in order to prevent the case from moving forward.
[56:15.820 --> 56:22.820] Got you. So I guess did I look up following the continuance on the Internet?
[56:22.820 --> 56:28.820] Yes, you can look in the Code of Criminal Procedure. It tells you what situations you can ask for for a continuance.
[56:28.820 --> 56:38.820] There are more than what's actually listed there, but the point is, is that you have to do continuances, they have to be notarized.
[56:38.820 --> 56:44.820] Okay? All motions for continuance are required by law to be notarized.
[56:44.820 --> 56:53.820] That being said, you are swearing to the reason that you're asking for the continuance under penalty of perjury.
[56:53.820 --> 57:04.820] Be aware of that. So that means that you have to have a verification block on the end of your motion that makes that statement.
[57:04.820 --> 57:20.820] I, such and such name, the undersigned being of sound mind and the over the age of blah, blah, blah, do hereby certify that all the facts asserted in this document are too incorrect to the best of my ability and are not made for the purpose of delay or blah, blah, blah.
[57:20.820 --> 57:24.820] And that's that.
[57:24.820 --> 57:30.820] So, okay, well, I guess that's where I need to start and I probably could ask you any...
[57:30.820 --> 57:35.820] Now, if you have the seminar material, there is a motion for continuance in the seminar material.
[57:35.820 --> 57:48.820] Okay, yeah, I don't have that. But yeah, I guess I'll get up to the classes and if I have any more questions after looking into this and listening to what you said back on the podcast, I'll have some questions for you.
[57:48.820 --> 57:50.820] What time are the classes again? Two to five, right?
[57:50.820 --> 57:52.820] Two to five every Sunday.
[57:52.820 --> 57:54.820] All right. Well, I appreciate your time, Eddie.
[57:54.820 --> 57:56.820] Yes, sir. Thanks for calling in.
[57:56.820 --> 57:57.820] Thank you. Have a good one.
[57:57.820 --> 57:58.820] You too.
[57:58.820 --> 58:06.820] All right, folks. That was our only caller. We need some more. It is the top of the hour break, however, so we're going to be going for about three or four minutes.
[58:06.820 --> 58:10.820] But when we get back, I would like to have somebody sitting up here waiting to talk to you.
[58:10.820 --> 58:14.820] If not, I'm going to go rantin' some more.
[58:14.820 --> 58:24.820] Okay, this is Rule of Law Radio. Call in number 512-646-1984. We will be back on the other side of this break.
[58:44.820 --> 58:57.820] 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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[59:43.820 --> 59:50.820] or by ordering online at freestudybible.com. That's freestudybible.com.
[59:50.820 --> 01:00:00.820] You are listening to the Logos Radio Network. LogosRadioNetwork.com
[01:00:00.820 --> 01:00:09.820] Maryland motorists hated speed cameras so much they took it out on the cameras themselves, the government solution, and cameras to watch the cameras.
[01:00:09.820 --> 01:00:14.820] I'm Dr. Cameron Albrecht, back with the People's Battle Against Surveillance Wear after this.
[01:00:14.820 --> 01:00:25.820] Privacy is under attack. When you give up data about yourself, you'll never get it back again, and once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:25.820 --> 01:00:33.820] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy. It's worth hanging on to.
[01:00:33.820 --> 01:00:43.820] This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:00:43.820 --> 01:00:50.820] Folks don't care for speed cameras in Prince George's County, Maryland. How do I know? Well, citizens have done a number on six of them.
[01:00:50.820 --> 01:01:01.820] The first one was shot. The next flipped over. A third had its legs cut off, and a fourth got torched. Imagine 30,000 bucks of government surveillance equipment up in smoke.
[01:01:01.820 --> 01:01:11.820] Then police had a thought. Why not have cameras watch the cameras? The police chief who brainstormed that one assured citizens the new cameras were not a case of big brother.
[01:01:11.820 --> 01:01:20.820] Major Robert Liberati. No, I'm not making that name up. He explained the state was simply trying to keep the public safe from themselves.
[01:01:20.820 --> 01:01:32.820] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:01:32.820 --> 01:01:45.820] It took a very special brain to devise a theory of relativity, but was Albert Einstein born super smart? I've got your Catherine Albrecht, and I'll be back with details on new discoveries into the famous physicist's brain in a moment.
[01:01:45.820 --> 01:01:56.820] Privacy is under attack. When you give up data about yourself, you'll never get it back again. And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:56.820 --> 01:02:15.820] So protect your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth hanging onto. This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[01:02:15.820 --> 01:02:24.820] Albert Einstein had one of the greatest minds in history, but was he just born brainy or did thinking about physics cause his brain to expand?
[01:02:24.820 --> 01:02:33.820] Newly discovered photographs of Einstein's brain may hold the answer. It appears the great physicist did indeed have something special between his ears.
[01:02:33.820 --> 01:02:42.820] Einstein's brain has folds rarely seen in other brains, plus an enlarged prefrontal cortex, where people imagine events and simulate their consequences.
[01:02:42.820 --> 01:02:55.820] Researchers don't yet know how these differences affected Einstein's remarkable IQ, but one thing's for sure, smarts had little to do with size. Einstein's brain was average-sized, relatively speaking that is.
[01:02:55.820 --> 01:03:01.820] I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:03:01.820 --> 01:03:19.820] It's all according to the will of the Almighty. I read his book and it says the cares come toward the outside world.
[01:03:19.820 --> 01:03:38.820] These warm underscum by that term rightly. I won't pay for the war with my body. I ain't gonna pay for the car with my money. I won't pay for the fun with my body.
[01:03:38.820 --> 01:03:49.820] The plans wicked and the logic shoddy. Ain't gonna pay for the war with my body. I won't pay for the boys with my money.
[01:03:49.820 --> 01:03:58.820] Alright folks, we are back. This is Rule of Law Radio. We do have a caller up on the board, Mark and Wisconsin. We're gonna go there and find out what we've got on.
[01:03:58.820 --> 01:03:59.820] Mark?
[01:03:59.820 --> 01:04:00.820] Okay, wait a minute. I have an announcement.
[01:04:00.820 --> 01:04:03.820] I'm sorry. Hang on, Mark. Deborah, I forgot. She has an announcement.
[01:04:03.820 --> 01:04:14.820] Okay, yeah. Sorry, Mark. Folks, I just wanted to make an announcement. I've gotten a few emails. I haven't posted anything on the website yet because I'm hoping to resolve a problem as soon as possible.
[01:04:14.820 --> 01:04:25.820] But there is an issue with the archives. I am not able to upload any archives to the server at this time because we are out of room.
[01:04:25.820 --> 01:04:36.820] Okay? All the hard drives on the server that is hosting the MP3 files of the archives is completely full and it needs to be upgraded.
[01:04:36.820 --> 01:04:42.820] So, folks, when I've been telling you that I need funds to upgrade equipment, I'm not kidding.
[01:04:42.820 --> 01:05:01.820] We already had one computer blow up two months ago and I wasn't able to get the funding together in time to replace it before it blew up which meant that I had to go down to fries and pay top dollar for the components that I needed
[01:05:01.820 --> 01:05:09.820] instead of being able to take my time and shop on eBay and stuff like that to try to build a new system at the lowest possible price.
[01:05:09.820 --> 01:05:16.820] Well, it's happening again. The archive server is completely full. I made an announcement about this on Friday.
[01:05:16.820 --> 01:05:28.820] And, folks, please, I do not want to get 100,000 emails from people telling me what a great server hosting company they have and that just go with their company because they have unlimited space and all this and that.
[01:05:28.820 --> 01:05:40.820] Okay? I have my own system set up already. I have a dedicated server. I am not going to use commercial consumer hosting companies because you have to sign terms and conditions.
[01:05:40.820 --> 01:05:48.820] If you read them, it's many pages long and they can pull your site and your files at any given moment.
[01:05:48.820 --> 01:06:05.820] Notice if they think that you're a terrorist site or a conspiracy theory site or a hate site or anything like that. And we've already been listed on the Southern Poverty Law Center site as being anti-government and things like that.
[01:06:05.820 --> 01:06:16.820] So I'm not going to deal with any situation like that. I've got my own server and that's the way it is. But I do need to upgrade it and that is going to require funding.
[01:06:16.820 --> 01:06:29.820] Now, a listener did donate some hard drives to the situation, but I can't use them for that server because it's too complicated to explain, but I can't get into it right now.
[01:06:29.820 --> 01:06:36.820] I need to have money to upgrade the server because it goes through a least server situation.
[01:06:36.820 --> 01:06:48.820] Now, I can use those hard drives to rebuild other machines here that do need to be rebuilt, but the bottom line is, folks, we really are in a dire situation.
[01:06:48.820 --> 01:06:56.820] I've had to borrow a lot of money to stay on the air over the last several months and the loans are due, paid back at the end of this month.
[01:06:56.820 --> 01:07:02.820] That's why I set the end of January as the due date, the end of the fundraiser.
[01:07:02.820 --> 01:07:17.820] Now, folks are certainly welcome to make donations all year long, but I do need to have this shot in the arms, so to speak, mid-air refueling by the end of this month so that I can finish paying back these loans.
[01:07:17.820 --> 01:07:24.820] In fact, I've just barely got enough money together to pay back the loans and that just covers what's already been done.
[01:07:24.820 --> 01:07:28.820] That just covers past operating expenses and past equipment replacements.
[01:07:28.820 --> 01:07:42.820] I still have more upgrades that need to be done and it would be really nice to try to put a little aside for operating expenses because they continue to go up all the time.
[01:07:42.820 --> 01:07:48.820] The Internet, all these companies keep raising their rates and it's just on a month-to-month basis.
[01:07:48.820 --> 01:07:50.820] It's just nothing but a struggle, folks.
[01:07:50.820 --> 01:07:55.820] Our sponsors, I only get paid if you buy their products.
[01:07:55.820 --> 01:08:00.820] Most of the sponsors are on a commission, so if nobody buys a jurisdiction area, I don't get paid from jurisdiction area.
[01:08:00.820 --> 01:08:04.820] If nobody buys a Mike Mears method, I don't get paid from Mike Mears.
[01:08:04.820 --> 01:08:13.820] This broadcast, this transmission, this radio show, this network is completely 100% listener supported.
[01:08:13.820 --> 01:08:21.820] Eddie and Randy and I, we have blown our life savings on this and there is no more buffer zone.
[01:08:21.820 --> 01:08:25.820] I'm sorry to make it sound so dire, but it really is.
[01:08:25.820 --> 01:08:40.820] We have got to get some money together so that I can upgrade this equipment and so that I can put a little bit aside so that I am not scraping and scrounging and having to look at selling my personal assets just to pay the bills from month to month.
[01:08:40.820 --> 01:08:43.820] Folks, it's no fun to be poor like this.
[01:08:43.820 --> 01:08:46.820] I really don't have anything set aside for myself.
[01:08:46.820 --> 01:08:53.820] If our car has problems or needs a major repair, I don't know how we're going to do it, how we'd be able to fix it.
[01:08:53.820 --> 01:09:04.820] Jerry takes really good care of us, but I can tell you that I do this for a living and I'm basically a volunteer working for myself.
[01:09:04.820 --> 01:09:06.820] I don't really make any money at this.
[01:09:06.820 --> 01:09:16.820] I put in all my time and effort running this network and running this show, hoping to recoup my costs.
[01:09:16.820 --> 01:09:22.820] It's been eating and eating into us to the point that, I mean, folks, eventually we've got to be able to take care of ourselves.
[01:09:22.820 --> 01:09:24.820] Once in a while we have to go to the dentist.
[01:09:24.820 --> 01:09:30.820] I can't completely put our health at risk to stay on the air.
[01:09:30.820 --> 01:09:32.820] We need your help.
[01:09:32.820 --> 01:09:37.820] We need your help to continue this infrastructure to keep it online.
[01:09:37.820 --> 01:09:42.820] At any rate, I'm just trying to be realistic here with the listeners about what's going on.
[01:09:42.820 --> 01:09:49.820] I've got hosts in line that want to add more shows.
[01:09:49.820 --> 01:09:51.820] We need to increase.
[01:09:51.820 --> 01:09:59.820] We need to increase our reach and put more people on the air that are qualified and things like this, but we're not going to be able to do it without your help.
[01:09:59.820 --> 01:10:07.820] We've decided if we're able to make it this year, through these next few months, especially, I'm going to do an annual fundraiser.
[01:10:07.820 --> 01:10:12.820] Really, I need more like 10 grand, not 7 grand, but that is the bare bones minimum.
[01:10:12.820 --> 01:10:15.820] So, folks, please help us in any way you can.
[01:10:15.820 --> 01:10:25.820] For listeners that donate $50 or more right now, I think we've got, we are temporarily back-ordered on the Purim gift cards.
[01:10:25.820 --> 01:10:30.820] We have another batch of 10 coming in, but I think four of them are already spoken for.
[01:10:30.820 --> 01:10:36.820] So, we've got six Purim gift cards left for folks that make a $50 donation or more.
[01:10:36.820 --> 01:10:46.820] Also, a listener has donated about 10 or so Hewlett Packard Lightscribe DVD burners.
[01:10:46.820 --> 01:10:53.820] Now, I looked up the model number and they're going for about 50 bucks on eBay brand new, and these are brand new.
[01:10:53.820 --> 01:11:04.820] So, for folks who donate $50 or more for the fundraiser, while they last, you will get your choice of either a Purim gift card for Purim healthy products
[01:11:04.820 --> 01:11:08.820] or a Hewlett Packard Lightscribe DVD burner.
[01:11:08.820 --> 01:11:13.820] Now, for folks who don't know what the Lightscribe is, that's for printing on the face of a CD.
[01:11:13.820 --> 01:11:19.820] All right, so if you want to put a little graphic image or just print or whatever, instead of having to use those ridiculous labels
[01:11:19.820 --> 01:11:24.820] or write with a Sharpie or whatever, it's like a heat embossing.
[01:11:24.820 --> 01:11:27.820] All right, it's kind of like a plastic coating.
[01:11:27.820 --> 01:11:33.820] You can see them in the stores, the Lightscribe CDs and DVDs, Lightscribe Burnable.
[01:11:33.820 --> 01:11:40.820] So, folks, if you want to donate $50 or more, you get either a Lightscribe DVD burner, brand new.
[01:11:40.820 --> 01:11:46.820] They're worth about 50 bucks, so that's why I'm selling the price of 50 bucks, or you can get a Purim gift card.
[01:11:46.820 --> 01:11:51.820] So, again, I'm sorry if I seem to be a little stressed out about all this, but we really are putting everything on the line
[01:11:51.820 --> 01:11:59.820] for you guys to the point of seriously affecting our own personal finances, and there's only so much that we're going to be able to do.
[01:11:59.820 --> 01:12:07.820] So please consider helping, and anyway, I just want to make that announcement that that is the reason why the archives are not being posted,
[01:12:07.820 --> 01:12:14.820] and I'm hoping to have that situation resolved within the next week or two, but it's all going to depend on y'all
[01:12:14.820 --> 01:12:17.820] and how the fundraiser goes.
[01:12:17.820 --> 01:12:19.820] All right, that's all I have to say.
[01:12:19.820 --> 01:12:20.820] Thanks, Eddie.
[01:12:20.820 --> 01:12:22.820] Yes, ma'am.
[01:12:22.820 --> 01:12:26.820] All right, that gives us a couple of minutes left here to take the next caller.
[01:12:26.820 --> 01:12:28.820] Mark, are you still out there?
[01:12:28.820 --> 01:12:30.820] I'm still here. How are you doing, Eddie?
[01:12:30.820 --> 01:12:32.820] All right, how are you?
[01:12:32.820 --> 01:12:33.820] Good, good.
[01:12:33.820 --> 01:12:35.820] All right, what can we do for you?
[01:12:35.820 --> 01:12:47.820] This kid that I'm talking to, he ran away from the cops, and they called him down to the station because some witnesses knew who he was,
[01:12:47.820 --> 01:12:53.820] and they handed him a ticket, and he never signed the ticket, so I'm wondering where you would go with that.
[01:12:53.820 --> 01:13:00.820] And I'm also wondering, a police officer told him to go stand over there, and he just took off running.
[01:13:00.820 --> 01:13:04.820] So I wondered if I have to go to the merits, what constitutes an arrest?
[01:13:04.820 --> 01:13:08.820] Okay, well, wait a minute. What kind of citation did they issue?
[01:13:08.820 --> 01:13:15.820] They issued him a minor drinking, fleeing the police, and there's one other one I can't recall right now.
[01:13:15.820 --> 01:13:19.820] Okay, did the police actually see him drinking?
[01:13:19.820 --> 01:13:20.820] No.
[01:13:20.820 --> 01:13:25.820] Did the police do a breathalyzer test or a blood draw to see if he was drinking?
[01:13:25.820 --> 01:13:26.820] No.
[01:13:26.820 --> 01:13:29.820] Then they have a very big problem.
[01:13:29.820 --> 01:13:31.820] That's what I figured.
[01:13:31.820 --> 01:13:35.820] No offense was committed in the officer's presence or view.
[01:13:35.820 --> 01:13:39.820] The officers conducted, did the kid admit to drinking?
[01:13:39.820 --> 01:13:40.820] No.
[01:13:40.820 --> 01:13:42.820] Okay, then they have a big problem.
[01:13:42.820 --> 01:13:45.820] They cannot go off of hearsay to do that.
[01:13:45.820 --> 01:13:53.820] They have to be able to see it in order to issue a citation, and they didn't.
[01:13:53.820 --> 01:14:02.820] So yeah, he can't commit the offense of fleeing the police because he can only flee if he's already under arrest and he knows he's under arrest.
[01:14:02.820 --> 01:14:04.820] Did they tell him he was under arrest?
[01:14:04.820 --> 01:14:08.820] No, she just said go stand over there and pour that beer out.
[01:14:08.820 --> 01:14:11.820] Wait a minute.
[01:14:11.820 --> 01:14:13.820] Pour what beer out?
[01:14:13.820 --> 01:14:15.820] He had a beer in his hand.
[01:14:15.820 --> 01:14:21.820] He walked up to two girls that he recognized, and on the other side of the two girls was a cop.
[01:14:21.820 --> 01:14:24.820] There he is standing with a beer.
[01:14:24.820 --> 01:14:29.820] Okay, so they charged him with what?
[01:14:29.820 --> 01:14:32.820] Minor drinking, fleeing the police.
[01:14:32.820 --> 01:14:33.820] Wait, wait, wait, wait.
[01:14:33.820 --> 01:14:35.820] There is no such thing as minor drinking.
[01:14:35.820 --> 01:14:42.820] There is a minor consuming, but she, did she see him drink?
[01:14:42.820 --> 01:14:43.820] No, sir.
[01:14:43.820 --> 01:14:50.820] Okay, then the only thing they could charge him with is minor in possession.
[01:14:50.820 --> 01:14:56.820] Well, I still think on that count, there's a 99% chance that they didn't hold onto the evidence.
[01:14:56.820 --> 01:15:02.820] If she had him pour the beer out, absolutely correct.
[01:15:02.820 --> 01:15:04.820] Where is their evidence?
[01:15:04.820 --> 01:15:06.820] The kid was in possession of alcohol.
[01:15:06.820 --> 01:15:07.820] She saw a can.
[01:15:07.820 --> 01:15:09.820] She doesn't know what was in it.
[01:15:09.820 --> 01:15:10.820] She saw a bottle.
[01:15:10.820 --> 01:15:13.820] She doesn't know what was in it.
[01:15:13.820 --> 01:15:17.820] She just assumed.
[01:15:17.820 --> 01:15:29.820] Let me tell you something I used to do in Ohio, because they were so bad about doing stops that were illegal when I was in the military in Ohio.
[01:15:29.820 --> 01:15:35.820] I literally used to take a beer can and fill it with bottled water.
[01:15:35.820 --> 01:15:44.820] And right around in my truck, sipping water out of this beer can with my window rolled down, looking for cop cars.
[01:15:44.820 --> 01:15:52.820] And I found quite a few of them, actually.
[01:15:52.820 --> 01:15:54.820] I passed one one night.
[01:15:54.820 --> 01:15:56.820] There was two cops in the car.
[01:15:56.820 --> 01:16:06.820] They literally rode alongside me for 10 minutes, watching me drink out of this can, just staring at me like I was a stripper on a stage.
[01:16:06.820 --> 01:16:09.820] And they kept talking back and forth.
[01:16:09.820 --> 01:16:13.820] And then finally they decided they were going to pull me over.
[01:16:13.820 --> 01:16:15.820] And the officer comes up to me.
[01:16:15.820 --> 01:16:23.820] And again, I'm trying to record this, which was difficult in those days, because all you had was the old fashioned cassette tape recorders, the big ones.
[01:16:23.820 --> 01:16:27.820] But I left it running on the seat next to me.
[01:16:27.820 --> 01:16:31.820] And the cop is like, I smell alcohol.
[01:16:31.820 --> 01:16:35.820] I'm going, sure you do.
[01:16:35.820 --> 01:16:39.820] You're really good if you smell alcohol.
[01:16:39.820 --> 01:16:43.820] All right. Hang on a second, Mark. We're going to break. We'll pick this up on the other side.
[01:16:43.820 --> 01:16:47.820] All right. Call in number 512-646-1984.
[01:16:47.820 --> 01:16:49.820] We will be right back, folks.
[01:16:49.820 --> 01:16:53.820] So hang in there, Joe, Ian, Chris, I see you.
[01:16:53.820 --> 01:16:59.820] Don't go away. We'll be right back.
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[01:19:00.820 --> 01:19:10.820] This is the Logos Radio Network.
[01:19:10.820 --> 01:19:30.820] Alright folks, we are back. This is Rural Law Radio 512-646-1984.
[01:19:30.820 --> 01:19:33.820] We are talking to Mark in Wisconsin.
[01:19:33.820 --> 01:19:35.820] Alright Martin, continue on.
[01:19:35.820 --> 01:19:41.820] Yeah, they screwed up when they had him dump the evidence and that's one thing to go on.
[01:19:41.820 --> 01:19:49.820] But the other thing is the simple fact that if they didn't place the kid under arrest and the kid didn't have any reason to believe he was under arrest,
[01:19:49.820 --> 01:19:52.820] then they can't charge him with evading the police.
[01:19:52.820 --> 01:19:59.820] The case law is very, very clear that in order for someone to be charged with evading arrest or resisting arrest,
[01:19:59.820 --> 01:20:05.820] the person had to first know they were actually under arrest.
[01:20:05.820 --> 01:20:07.820] You know a federal case site offhand?
[01:20:07.820 --> 01:20:10.820] I do not. I've read so much case law.
[01:20:10.820 --> 01:20:17.820] I cannot do case law the same way I do statutes because I don't research just case law for something.
[01:20:17.820 --> 01:20:20.820] I research the case law against something too.
[01:20:20.820 --> 01:20:25.820] And I don't stick with one or two cases. I read hundreds.
[01:20:25.820 --> 01:20:35.820] So memorizing the case law for a lot of this, I'm not sure at this point that as little sleep as I get, I have the brain resources for it.
[01:20:35.820 --> 01:20:42.820] Alright, well what I was going to do is run the usual subject matter jurisdiction, challenge the subject matter jurisdiction.
[01:20:42.820 --> 01:20:52.820] And I'm wondering if I put in a motion for all devices and evidence that they have. Does that put me in their jurisdiction?
[01:20:52.820 --> 01:20:55.820] Say that one more time.
[01:20:55.820 --> 01:21:04.820] If I ask for, say, discovery, does that put me in their jurisdiction despite the fact that I've got a challenge with subject matter jurisdiction?
[01:21:04.820 --> 01:21:08.820] If you do everything by special appearance, no.
[01:21:08.820 --> 01:21:13.820] But if you do anything without reservation of special appearance, you've made a general appearance.
[01:21:13.820 --> 01:21:16.820] Now you've waived in personum jurisdiction.
[01:21:16.820 --> 01:21:23.820] You cannot waive subject matter. Either they have it or they don't. There is no in between.
[01:21:23.820 --> 01:21:27.820] So you would probably suggest that I waive neither one, right?
[01:21:27.820 --> 01:21:34.820] I don't waive anything. I don't absolutely have to to get what I need.
[01:21:34.820 --> 01:21:38.820] There is a time to lose a chess piece, okay?
[01:21:38.820 --> 01:21:44.820] But only if you've got a trap ready to be sprung if that piece is taken.
[01:21:44.820 --> 01:21:54.820] All right. So would you suggest just getting the discovery and let them know that you know that they don't have anything on them?
[01:21:54.820 --> 01:22:01.820] Well, yeah, you want to use everything at your disposal to find out what they're going to attempt to say they've got.
[01:22:01.820 --> 01:22:06.820] Right, right. Okay.
[01:22:06.820 --> 01:22:10.820] Oh, that's just being prepared.
[01:22:10.820 --> 01:22:13.820] He never signed a promise to...
[01:22:13.820 --> 01:22:17.820] Well, if he ran, he didn't sign anything, right?
[01:22:17.820 --> 01:22:31.820] Well, what happened was is she found out where he lived and she called his house and she had him go down to the police station and pick up the paperwork, but he never signed anything.
[01:22:31.820 --> 01:22:35.820] Okay. Well, again, she can't issue a citation for any offense she didn't see.
[01:22:35.820 --> 01:22:41.820] Now, again, she's operating on the presumption of what was in the container.
[01:22:41.820 --> 01:22:44.820] She doesn't have any evidence of what was in the container.
[01:22:44.820 --> 01:23:02.820] The only way at this point that they can get this kid is if he admits that it contained alcohol or someone admits opening it and handing it to him while it contained alcohol, in which case they're stepping off into hot water too.
[01:23:02.820 --> 01:23:07.820] Because if it was an adult that gave it to him, that's contributing to the delinquency of a minor.
[01:23:07.820 --> 01:23:15.820] If it was another minor that gave it to him, they're going to get charged with minor imposition also.
[01:23:15.820 --> 01:23:19.820] So I should just get a motion and find out what they got.
[01:23:19.820 --> 01:23:23.820] Have you ever called for an evidentiary hearing?
[01:23:23.820 --> 01:23:27.820] Well, it depends. Here, they won't give you one for class Cs.
[01:23:27.820 --> 01:23:30.820] They won't give you due process for class Cs.
[01:23:30.820 --> 01:23:40.820] So why would they give you an evidentiary hearing? Because the only place that they can do the evidentiary hearing is an examining trial, and they never give you one.
[01:23:40.820 --> 01:23:43.820] Okay. All right.
[01:23:43.820 --> 01:23:51.820] So I'm going to make a motion for everything that they've got just to see what they've got, and I'm going to let them roll over the subject matter jurisdiction.
[01:23:51.820 --> 01:23:53.820] That way, it'll make it appealable.
[01:23:53.820 --> 01:23:54.820] That sounds good.
[01:23:54.820 --> 01:24:04.820] You know any objection that you don't have to object to subject matter jurisdiction and lose it, because that's an appealable issue regardless.
[01:24:04.820 --> 01:24:08.820] Subject matter jurisdiction can be waived at any, or raised at any time.
[01:24:08.820 --> 01:24:21.820] But you still need to object to it in writing to get it into the record to prove on the appeals level that the trial court ignored the lack of subject matter jurisdiction.
[01:24:21.820 --> 01:24:32.820] Now, in this case, you're moving for suppression of evidence, and you're moving for dismissal for lack of evidence.
[01:24:32.820 --> 01:24:37.820] Okay. And just throw some negative averments in there?
[01:24:37.820 --> 01:24:40.820] Yeah. You can send negative averments to the officer.
[01:24:40.820 --> 01:24:46.820] Did you test the contents of the alleged alcohol container?
[01:24:46.820 --> 01:24:50.820] Where is the test results proving it contained alcohol?
[01:24:50.820 --> 01:24:59.820] Did you actually witness the minor allegedly drinking alcohol, or did you simply see them drinking?
[01:24:59.820 --> 01:25:01.820] And remember, these are all separate.
[01:25:01.820 --> 01:25:04.820] Don't ask these together in the same question.
[01:25:04.820 --> 01:25:08.820] Did you actually see them consume alcohol from the container?
[01:25:08.820 --> 01:25:11.820] Did you test the contents of the container?
[01:25:11.820 --> 01:25:16.820] Did you confirm the contents were alcoholic in nature?
[01:25:16.820 --> 01:25:21.820] Do you have a sample of the contents of the container?
[01:25:21.820 --> 01:25:26.820] Do you have the reports from the testing of the contents of the container?
[01:25:26.820 --> 01:25:30.820] Where are they?
[01:25:30.820 --> 01:25:34.820] See, they lack evidence. They didn't do any of those things.
[01:25:34.820 --> 01:25:40.820] And how do you calibrate the instrument you use to test the alcohol?
[01:25:40.820 --> 01:25:46.820] Did you give a breathalyzer to the can or the bottle or what? But anyway, you get the idea.
[01:25:46.820 --> 01:25:49.820] Right, right. All right. Hey, thanks a lot, Eddie.
[01:25:49.820 --> 01:25:51.820] You're very welcome. Good luck.
[01:25:51.820 --> 01:25:52.820] Good night.
[01:25:52.820 --> 01:25:58.820] All right. Now we're going to go to Joe in Texas. Joe, what can we do for you?
[01:25:58.820 --> 01:26:03.820] Yes, Eddie. I have a question or I have a comment, a question.
[01:26:03.820 --> 01:26:12.820] I received a letter from the Texas Department of Public Safety and it's for Wilson County in Florenceville, Texas.
[01:26:12.820 --> 01:26:17.820] And it's an offense dates back to 12-5-2007.
[01:26:17.820 --> 01:26:22.820] It's got a docket number and an offensive discretion with speeding.
[01:26:22.820 --> 01:26:29.820] And it says, notice to deny or renew the Texas driver license.
[01:26:29.820 --> 01:26:41.820] And it says, pursue to the Chapter 706 of the Texas Transportation Code, which is the DPS, and will deny your driver license renewal.
[01:26:41.820 --> 01:26:47.820] So, and my question, my thought is that I don't remember getting a ticket in this county, but it's been so long.
[01:26:47.820 --> 01:26:51.820] It was in 2007.
[01:26:51.820 --> 01:27:01.820] Contact the court for wherever this is, ask them if there is a case, tell them to send you everything that's in the record.
[01:27:01.820 --> 01:27:11.820] Find out if there's a complaint, find out if there's a charging instrument, and then move to dismiss for, it's outside the statute of limitations.
[01:27:11.820 --> 01:27:12.820] I guess.
[01:27:12.820 --> 01:27:22.820] Now, the only problem you have is if they issued a warrant, that would have stopped the clock. But in which case, that warrant should be a part of the record.
[01:27:22.820 --> 01:27:25.820] But they never did. I never heard anything. This is the first time I heard.
[01:27:25.820 --> 01:27:31.820] Well, you may or may not hear that they issued a warrant if you ever actually got a ticket there at all.
[01:27:31.820 --> 01:27:36.820] But it was picked up in the database, I guess.
[01:27:36.820 --> 01:27:47.820] Well, again, completely irrelevant. If it's outside the statute of limitations, they never filed a complaint. They're way outside of their ability to prosecute this case, way outside.
[01:27:47.820 --> 01:27:51.820] Okay. So, I need to call them and write them or...
[01:27:51.820 --> 01:27:58.820] You need to send them a written request for everything in the record. Now, you can do it.
[01:27:58.820 --> 01:28:08.820] I would send two. One is just a straight-up demand for the contents of the record because it is a public record not subject to the Public Information Act.
[01:28:08.820 --> 01:28:21.820] It is open records and is accessible by anyone. And then I would send a second request in an actual PIR, demanding that I be provided copies of everything in the court record related to this case.
[01:28:21.820 --> 01:28:23.820] And it's a led citation.
[01:28:23.820 --> 01:28:31.820] Mm-hmm. Okay. Is that in your... We bought your manual. Is that in there?
[01:28:31.820 --> 01:28:35.820] No. Well, there's a PIR in there.
[01:28:35.820 --> 01:28:36.820] PIR?
[01:28:36.820 --> 01:28:45.820] Yeah. But the other is just... Well, actually, yeah, there is. There is a demand for records in the folder undergoing to court.
[01:28:45.820 --> 01:28:46.820] Okay.
[01:28:46.820 --> 01:28:59.820] Okay. There is a folder called Getting Your Records. Both of those should be in there. If they're not, send me an email and I will send you the two current forms of those documents.
[01:28:59.820 --> 01:29:00.820] Okay.
[01:29:00.820 --> 01:29:06.820] Now, folks, you have to have the seminar material before I'm going to send those to you, so don't ask me for them if you don't have it.
[01:29:06.820 --> 01:29:07.820] Okay. Appreciate it.
[01:29:07.820 --> 01:29:08.820] All right.
[01:29:08.820 --> 01:29:09.820] Thank you much.
[01:29:09.820 --> 01:29:10.820] You're welcome, Joe.
[01:29:10.820 --> 01:29:15.820] All right. Now, we're going to go to Ian. Ian, what can we do for you?
[01:29:15.820 --> 01:29:17.820] Hi, Eddie. Thanks for taking my call.
[01:29:17.820 --> 01:29:19.820] Sure. Thanks for making it.
[01:29:19.820 --> 01:29:30.820] I have a court on Wednesday. I'm rapidly running out of time to get prepared. I've been doing as much as possible to study up and get ready for this.
[01:29:30.820 --> 01:29:34.820] I believe I set myself up correctly at the stop.
[01:29:34.820 --> 01:29:37.820] I had a quick question about the stop.
[01:29:37.820 --> 01:29:41.820] Okay. Hang on, Ian. We're about to go to break. Hang on. We'll address this on the other side.
[01:29:41.820 --> 01:29:49.820] This is rule of law radio 512-646-1984. Give us a call. We've only got a couple of callers left and a half an hour to go.
[01:29:49.820 --> 01:29:52.820] We will be right back after this break.
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[01:31:59.820 --> 01:32:19.820] You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:32:29.820 --> 01:32:44.820] Hi folks, we are back. This is Rule of Law Radio. Ian, hang on just one moment.
[01:32:44.820 --> 01:32:48.820] Deborah's got an update to the announcement she made earlier.
[01:32:48.820 --> 01:32:53.820] Yes, I do have an announcement. Thanks Eddie.
[01:32:53.820 --> 01:33:01.820] I just had it come in just now. Actually my call screener, one of my new friends,
[01:33:01.820 --> 01:33:07.820] very special friend, his name is Larry, he has a silver lungs generator
[01:33:07.820 --> 01:33:13.820] and one of the things that he does as part of his business is sell colloidal silver.
[01:33:13.820 --> 01:33:17.820] And for folks who haven't done any research on the silver lungs generator, just go look it up.
[01:33:17.820 --> 01:33:24.820] It's a very, very good high quality colloidal silver and ionic silver generator.
[01:33:24.820 --> 01:33:30.820] And it can be applied topically. There's like a little nebulizer you can use to breathe it in
[01:33:30.820 --> 01:33:34.820] if you have a sinus infection or lung infection or bronchitis or stuff like that.
[01:33:34.820 --> 01:33:41.820] Anyways, the point being for the remainder of this month until the fundraiser is completed,
[01:33:41.820 --> 01:33:54.820] Larry has made the offer that he is going to donate for folks who donate at least $75 to the fundraiser.
[01:33:54.820 --> 01:34:03.820] You will get a 32 ounce bottle of either colloidal silver or ionic silver, your choice.
[01:34:03.820 --> 01:34:06.820] Or if you want to donate $150, you can get both.
[01:34:06.820 --> 01:34:11.820] Now, folks, I don't know if y'all realize how expensive colloidal silver is,
[01:34:11.820 --> 01:34:15.820] but it can cost about $40 for a little 12 ounce bottle at a health food store.
[01:34:15.820 --> 01:34:22.820] Alright, so for $75 to get a 32 ounce bottle is a screaming deal.
[01:34:22.820 --> 01:34:26.820] And so I would encourage everyone out there to take advantage of this offer
[01:34:26.820 --> 01:34:29.820] because you're not going to get that forever.
[01:34:29.820 --> 01:34:33.820] The offer ends at the end of the fundraiser.
[01:34:33.820 --> 01:34:39.820] So I want to make that announcement. Alright, for $50, if you donate $50 or more,
[01:34:39.820 --> 01:34:46.820] your choice of either a Hewlett Packard DVD light scribe burner, it's also CD burner,
[01:34:46.820 --> 01:34:51.820] or a $50 Purim gift card, or if you want to donate $75,
[01:34:51.820 --> 01:34:58.820] you can get either a 32 ounce bottle of some of the best colloidal silver on the market
[01:34:58.820 --> 01:35:03.820] or 32 ounce bottle of ionic silver. If you want to donate $150, you will get both.
[01:35:03.820 --> 01:35:06.820] Now, I'm not going to give you all three.
[01:35:06.820 --> 01:35:13.820] You can get colloidal silver and a DVD burner and a gift card.
[01:35:13.820 --> 01:35:16.820] Not all with one donation, at least anyway.
[01:35:16.820 --> 01:35:19.820] If you've donated already and you've already gotten a gift card
[01:35:19.820 --> 01:35:23.820] and you want to get some colloidal silver if you'd like to get a DVD burner,
[01:35:23.820 --> 01:35:27.820] you're welcome to donate again, but you're not going to get all three.
[01:35:27.820 --> 01:35:31.820] I mean, we have to spread this around a little bit because we've got limited supply.
[01:35:31.820 --> 01:35:37.820] And folks, anyway, I just want to say thank you to our listeners who are donating items.
[01:35:37.820 --> 01:35:42.820] Folks out there, if you have items that you would like to donate, computer equipment
[01:35:42.820 --> 01:35:49.820] or other things that you have, if you make soap or anything like that
[01:35:49.820 --> 01:35:54.820] that you may do as part of your business that you would like to offer up as a perk
[01:35:54.820 --> 01:35:59.820] for listeners who donate, that would be great because that does seem to be going over quite well.
[01:35:59.820 --> 01:36:02.820] Folks, I do apologize if I seem to be a little bit desperate.
[01:36:02.820 --> 01:36:05.820] I'm under a lot of stress right now to try to keep things going.
[01:36:05.820 --> 01:36:10.820] It's like a delicate balancing act with me to try to figure out how I'm going to word things
[01:36:10.820 --> 01:36:15.820] to not sound too desperate, but then to try to get the point across that we really do need help.
[01:36:15.820 --> 01:36:21.820] A few years ago, I apparently was not explaining myself very well in the air
[01:36:21.820 --> 01:36:26.820] and I actually had a listener tell me to my face that they were getting sick and tired
[01:36:26.820 --> 01:36:30.820] of hearing me talk in the air about how I couldn't pay my electric bill.
[01:36:30.820 --> 01:36:35.820] And I actually was taking this person to dinner and I'm trying to pay for dinner
[01:36:35.820 --> 01:36:40.820] and they're telling me, oh, no, let me get it because I'm sick and tired of you hearing about
[01:36:40.820 --> 01:36:42.820] how you can't pay your electric bill on the air.
[01:36:42.820 --> 01:36:45.820] I never felt so insulted in all my life.
[01:36:45.820 --> 01:36:52.820] And so I just want to get the point across, folks, that I am not asking for a handout here.
[01:36:52.820 --> 01:36:56.820] I'm not asking for money to pay my personal bills.
[01:36:56.820 --> 01:36:58.820] This is about the network.
[01:36:58.820 --> 01:37:02.820] Jerry is a very good provider and he takes care of us quite well.
[01:37:02.820 --> 01:37:04.820] We can take care of ourselves fine.
[01:37:04.820 --> 01:37:10.820] I actually used to have a pretty lucrative career as a physical therapy, Pilates instructor.
[01:37:10.820 --> 01:37:17.820] And I gave that up because I just didn't have time to do it anymore and run all these radio shows
[01:37:17.820 --> 01:37:19.820] and take care of the network.
[01:37:19.820 --> 01:37:24.820] So it kind of reduced our income, but Jerry still makes enough money to take care of us.
[01:37:24.820 --> 01:37:27.820] So I just want to get that out there.
[01:37:27.820 --> 01:37:35.820] I'm not asking for money for my personal expenses or for, you know, I'm not asking for money for my own pocket.
[01:37:35.820 --> 01:37:43.820] Like I said, I'm basically working as a volunteer for myself now and I'm just struggling to pay the bare bones costs.
[01:37:43.820 --> 01:37:47.820] And yeah, it would be nice someday if I could get compensated a little bit for my time as well.
[01:37:47.820 --> 01:37:50.820] But that's not the purpose of this fundraiser, okay?
[01:37:50.820 --> 01:37:56.820] So I just want to make that clear and I do want to thank all the listeners for bearing with me on this matter
[01:37:56.820 --> 01:38:01.820] and for the folks who are donating items to be given away as part of the fundraiser.
[01:38:01.820 --> 01:38:07.820] So please let me know if you've donated within the last few days, either send me an email
[01:38:07.820 --> 01:38:13.820] or I will be contacting y'all to ask y'all if y'all, which one do you want, a Purim Health Products card
[01:38:13.820 --> 01:38:19.820] or do you want the DVD burner or like I said, $75 or more, you get the Coital Silver or the Analytics Silver.
[01:38:19.820 --> 01:38:21.820] So I will be making a post about it on the website as well.
[01:38:21.820 --> 01:38:23.820] All right, that's all I have, Eddie. Thank you.
[01:38:23.820 --> 01:38:29.820] Okay. All right. Let's get back to Ian in Texas. Ian, go ahead.
[01:38:29.820 --> 01:38:42.820] Hey, Eddie. Real quick, at the stop, if the officer asked me to step out of the vehicle and I stepped out of the car,
[01:38:42.820 --> 01:38:50.820] is that going to screw me up when I try and contend that it was not being used as a vehicle at the time?
[01:38:50.820 --> 01:38:51.820] No.
[01:38:51.820 --> 01:38:54.820] Because I know what the officer meant and I was trying to be cooperative?
[01:38:54.820 --> 01:38:56.820] No.
[01:38:56.820 --> 01:39:01.820] Okay, so I don't remember if he said step out of the car or step out of the vehicle.
[01:39:01.820 --> 01:39:09.820] They'll always say vehicle. They are indoctrinated with that terminology. They use it religiously.
[01:39:09.820 --> 01:39:13.820] Because the car doesn't mean that I've confessed that it's a vehicle.
[01:39:13.820 --> 01:39:14.820] No.
[01:39:14.820 --> 01:39:16.820] Okay, good. All right.
[01:39:16.820 --> 01:39:24.820] Now, what I always do is I said, well, I'm no longer in my car. Every time they use a term, I counter it with mine.
[01:39:24.820 --> 01:39:33.820] I don't argue with them. It's not a vehicle. I simply counter his assertion of vehicle with I'm out of my car.
[01:39:33.820 --> 01:39:46.820] All right. Okay. Now, with my first appearance being Wednesday, is it too late for me to file a motion for discovery?
[01:39:46.820 --> 01:39:48.820] Yes.
[01:39:48.820 --> 01:39:49.820] It is?
[01:39:49.820 --> 01:39:54.820] Is Wednesday your first appearance in compliance with the citation or actual trial?
[01:39:54.820 --> 01:39:57.820] It's in compliance with the citation.
[01:39:57.820 --> 01:40:01.820] Okay, no, then it's absolutely not too late. This is your first appearance. Go right ahead.
[01:40:01.820 --> 01:40:07.820] Okay, so I could go down to the court tomorrow and give them a motion for discovery or whatever?
[01:40:07.820 --> 01:40:08.820] Yeah.
[01:40:08.820 --> 01:40:15.820] Okay. Now, exactly how does that differ from a public information request?
[01:40:15.820 --> 01:40:20.820] Well, you simply are filing a motion notifying the court that you sent public information requests.
[01:40:20.820 --> 01:40:25.820] You don't literally have to file a motion for discovery in these types of cases.
[01:40:25.820 --> 01:40:36.820] Motions for discovery is when you're going to be compelling the other side, meaning the prosecution, to produce whatever evidence they have in their possession.
[01:40:36.820 --> 01:40:52.820] A public information request is sent directly to the agency that possesses the information you want. But you do a motion if you're going to go after whoever is on the other side to get what they currently hold in their hands.
[01:40:52.820 --> 01:40:59.820] Okay. So should I start with a public information request and not worry about discovery?
[01:40:59.820 --> 01:41:01.820] In these cases, yes.
[01:41:01.820 --> 01:41:08.820] Okay. So the public information request, does that have to go to the actual police department then?
[01:41:08.820 --> 01:41:11.820] Well, if they have the information you're wanting, yeah.
[01:41:11.820 --> 01:41:18.820] Okay. All right. Another question.
[01:41:18.820 --> 01:41:27.820] I see here in 25.04 that it's not necessary to furnish the accused with a copy of the indictment or information, but I may demand a copy, which I'll be given as early as possible.
[01:41:27.820 --> 01:41:41.820] Nope. Sorry. That is an attempt of the legislature to remove the requirement and duty of opposing counsel on the prosecution side to provide notice that you have a right to under 1.05.
[01:41:41.820 --> 01:41:49.820] That 25.04 is absolutely 100% unconstitutional on its face.
[01:41:49.820 --> 01:41:56.820] Okay. So they are required not only to give you the complaint, but also the information?
[01:41:56.820 --> 01:41:58.820] Absolutely.
[01:41:58.820 --> 01:42:01.820] Okay.
[01:42:01.820 --> 01:42:06.820] Because the complaint is not the charging instrument. The indictment or information is.
[01:42:06.820 --> 01:42:16.820] Right. Okay. So even if I don't demand a copy, they're still supposed to give me one.
[01:42:16.820 --> 01:42:19.820] Okay. That's in 1.05.
[01:42:19.820 --> 01:42:20.820] Yeah.
[01:42:20.820 --> 01:42:23.820] Okay.
[01:42:23.820 --> 01:42:36.820] Also, in some of these codes here, they define a vehicle as something that can transport or draw people on a roadway.
[01:42:36.820 --> 01:42:40.820] What does that term mean to be drawn on the road?
[01:42:40.820 --> 01:42:44.820] A trailer pulled behind something else, a trailer.
[01:42:44.820 --> 01:42:52.820] Okay. Well, like what if there's one that says where, you know, persons or property may be transported or drawn on a public roadway.
[01:42:52.820 --> 01:42:55.820] Okay. You're missing the context.
[01:42:55.820 --> 01:43:06.820] In what context does that definition apply?
[01:43:06.820 --> 01:43:08.820] I don't know what you mean. I'm sorry.
[01:43:08.820 --> 01:43:15.820] Maybe transported or drawn upon a highway for the purpose of transportation. That's the context.
[01:43:15.820 --> 01:43:17.820] Because it's in the transportation code.
[01:43:17.820 --> 01:43:19.820] There you go.
[01:43:19.820 --> 01:43:23.820] Okay. Okay.
[01:43:23.820 --> 01:43:30.820] And I guess my last question for you for now is, well, I have two more real quick.
[01:43:30.820 --> 01:43:33.820] Okay. Hang on just a second. We're about to take another break.
[01:43:33.820 --> 01:43:37.820] Chris, don't disappear. I got another segment to get you in, so don't hang up.
[01:43:37.820 --> 01:43:39.820] We'll be right back on the other side. 5-1.
[01:43:39.820 --> 01:43:43.820] Well, I'm not going to give it out because I ain't going to have time to get past 2. I've got to left.
[01:43:43.820 --> 01:43:48.820] Hang in there, folks. We're going to finish this up. We'll be right back after this break.
[01:43:48.820 --> 01:43:50.820] Let's go.
[01:44:19.820 --> 01:44:23.820] They even stock inner food, Berkey products, and Calvin soaps.
[01:44:23.820 --> 01:44:26.820] There's no way a place like that exists.
[01:44:26.820 --> 01:44:31.820] Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[01:44:31.820 --> 01:44:35.820] Oh, by UT? There's never anywhere to park down there.
[01:44:35.820 --> 01:44:43.820] Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore.
[01:44:43.820 --> 01:44:46.820] It does exist, but when are they open?
[01:44:46.820 --> 01:44:51.820] Monday through Saturday, 11 a.m. to 9 p.m. and 1-6 p.m. on Sundays.
[01:44:51.820 --> 01:45:20.820] So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:45:22.820 --> 01:45:27.820] Thousands have won with our step-by-step course, and now you can too.
[01:45:27.820 --> 01:45:33.820] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:33.820 --> 01:45:42.820] Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:42.820 --> 01:45:51.820] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[01:45:51.820 --> 01:45:55.820] Please visit ruleoflawradio.com and click on the banner.
[01:45:55.820 --> 01:46:13.820] Or call toll-free 866-LAW-EZ.
[01:46:25.820 --> 01:46:42.820] All right, folks, we are back. This is rule of law radio.
[01:46:42.820 --> 01:46:46.820] We're going to finish up with Ian, and then we're going to finish the show with Chris.
[01:46:46.820 --> 01:46:49.820] All right, Ian, let's go with the other issues.
[01:46:49.820 --> 01:47:01.820] Real quick, if I went to court and asked for a court appointed attorney, what kind of case?
[01:47:01.820 --> 01:47:07.820] Just for citations, misdemeanor. The biggest one is the driving with a license invalid citation.
[01:47:07.820 --> 01:47:09.820] That's the one I'm most concerned about.
[01:47:09.820 --> 01:47:12.820] Which is what level of offense?
[01:47:12.820 --> 01:47:14.820] Misdemeanor.
[01:47:14.820 --> 01:47:20.820] No, there are class A, B, and C misdemeanors. Which one is it?
[01:47:20.820 --> 01:47:24.820] I'm not sure. I believe it would be class B.
[01:47:24.820 --> 01:47:32.820] Well, not necessarily. If it's your first offense and everything, then it could, well, you need to be sure of that.
[01:47:32.820 --> 01:47:36.820] You may think it's the first one, but it may not be.
[01:47:36.820 --> 01:47:45.820] And they tried to railroad me on a second conviction for failure to maintain financial responsibility, and I'd never been convicted of that at all.
[01:47:45.820 --> 01:47:59.820] And that increased it to a class B misdemeanor. The municipal court in Nacodotias was so tired of throwing my cases out, they actually tried to rig a prior conviction so they could get me in jail.
[01:47:59.820 --> 01:48:06.820] So don't believe that just because you know it's the first one, don't assume that's how they're treating it.
[01:48:06.820 --> 01:48:07.820] Right.
[01:48:07.820 --> 01:48:13.820] That's why you need to know what's in that record. Where is the complaint? What does it say?
[01:48:13.820 --> 01:48:15.820] Right. Well, of course, I haven't gotten one.
[01:48:15.820 --> 01:48:20.820] But they're not going to give you legal counsel on a class C.
[01:48:20.820 --> 01:48:21.820] Okay.
[01:48:21.820 --> 01:48:32.820] It violates the Constitution and it violates the Article 1, Chapter 1 of the Code of Criminal Procedure, but they're not going to give you assistance of counsel.
[01:48:32.820 --> 01:48:40.820] Okay. So, all right.
[01:48:40.820 --> 01:48:55.820] I guess my last question for now is, could you go over one more time? I know you said that in 543.001, they're allowed to arrest without warrant for any violation of that subtitle.
[01:48:55.820 --> 01:49:10.820] And then in 14.01b, a peace officer may arrest an offender without warrant for any offense committed in his presence or view. And how do those differ or...?
[01:49:10.820 --> 01:49:25.820] Statute 543.001 is local and specific. Local and specific will always be controlling unless there is verbiage in the local location that says the general takes precedent.
[01:49:25.820 --> 01:49:30.820] Okay. So, if you pulled me over for the registration and they try and...
[01:49:30.820 --> 01:49:32.820] Then it was an illegal stop.
[01:49:32.820 --> 01:49:36.820] Right. But that's not my defense, right? That's...
[01:49:36.820 --> 01:49:42.820] No, that's going to merits. That's in your lawsuit on the other side, suing him for stopping you.
[01:49:42.820 --> 01:49:43.820] Right.
[01:49:43.820 --> 01:49:47.820] Okay. You do not go to merits.
[01:49:47.820 --> 01:50:03.820] So, in 14.01b, they can arrest for any offense, but if it's a transportation offense, then they have to go to 543.001.
[01:50:03.820 --> 01:50:05.820] Yes.
[01:50:05.820 --> 01:50:06.820] Okay.
[01:50:06.820 --> 01:50:14.820] Which specifically limits the power to arrest without warrant in transportation code offenses to subtitle C offenses.
[01:50:14.820 --> 01:50:26.820] Since that is local and specific to the transportation code and it specifically limits the authority to arrest without warrant within that code to that subtitle,
[01:50:26.820 --> 01:50:35.820] then it automatically negates 14.01b from being applicable as the general statute in the others.
[01:50:35.820 --> 01:50:42.820] Okay. So, 14.01b is intended for them to be able to arrest for other types of offenses besides transportation.
[01:50:42.820 --> 01:50:43.820] Correct.
[01:50:43.820 --> 01:50:45.820] Okay.
[01:50:45.820 --> 01:51:01.820] Okay. Well, that clarifies that. I guess my last question, do you have any time tomorrow for a short meetup to help me just gain a little more fill in the gaps and get the confidence that I need to go and fight this successfully?
[01:51:01.820 --> 01:51:04.820] I do if you've got two ounces of pure silver.
[01:51:04.820 --> 01:51:10.820] All right. Well, I've got one ounce. If you do half an hour even.
[01:51:10.820 --> 01:51:11.820] Okay.
[01:51:11.820 --> 01:51:15.820] All right. Send me an email and I'll tell you where we can meet up.
[01:51:15.820 --> 01:51:16.820] All right. Thank you very much, Eddie.
[01:51:16.820 --> 01:51:17.820] You're welcome.
[01:51:17.820 --> 01:51:18.820] Appreciate everything that you're doing.
[01:51:18.820 --> 01:51:20.820] All right. Appreciate you.
[01:51:20.820 --> 01:51:27.820] All right. Now, let's see if we can get Chris dealt with. We got seven minutes, so I think we can do this. Chris, what do you got?
[01:51:27.820 --> 01:51:37.820] Well, apparently, Eddie, you are making some kind of impact down there in Austin because Star Telegram felt compelled to do an article.
[01:51:37.820 --> 01:51:52.820] And I would say the article was probably half a page in the biggest newspaper here, Star Telegram and Fort Worth, about how ticket writing was down in Austin.
[01:51:52.820 --> 01:51:57.820] And due to ticket writing being down, fatalities were up.
[01:51:57.820 --> 01:52:06.820] And in the same sentence where they said fatalities were up, they also included, and revenue is down.
[01:52:06.820 --> 01:52:20.820] They apparently, last year revenue was down about three million almost from 2011.
[01:52:20.820 --> 01:52:31.820] And so it was just, it was interesting to read an article in the Fort Worth newspaper about Austin, you know, PD and...
[01:52:31.820 --> 01:52:36.820] Yeah, but that article right there, you're missing the blunt force blow of that article.
[01:52:36.820 --> 01:52:42.820] They are specifically equating the issuance of the citations to revenue generation in that article.
[01:52:42.820 --> 01:52:55.820] Oh, yeah. That's what the writer of this article was almost completely directing was that due to the lack of ticket writing and enforcement, it was a direct result of fatalities being up.
[01:52:55.820 --> 01:52:57.820] No, I completely disagree.
[01:52:57.820 --> 01:52:58.820] Amen.
[01:52:58.820 --> 01:53:05.820] The lack of citation has absolutely nothing to do with the increase in fatalities.
[01:53:05.820 --> 01:53:11.820] The increase in negligence and stupidity is what increased fatalities.
[01:53:11.820 --> 01:53:25.820] People talking on their cell phones, people drinking while they're behind the wheel, people not paying attention because they're getting mooned by somebody going by, you know, blowouts.
[01:53:25.820 --> 01:53:28.820] Those will be the things that increase that.
[01:53:28.820 --> 01:53:38.820] How in the world would they possibly say that that guy died because that guy didn't get a traffic ticket?
[01:53:38.820 --> 01:53:54.820] Well, I did find it interesting that they included the part about the revenue being down and that the Austin PD would be issuing more citations to increase the revenue again in Austin.
[01:53:54.820 --> 01:54:00.820] Because about 60% of the revenue collected from tickets went to the police department.
[01:54:00.820 --> 01:54:03.820] Yeah, do me a favor and forward that article.
[01:54:03.820 --> 01:54:14.820] Scan that in and send that to me because when we go to do battle with the legislature, it is articles like that that will show exactly why this system is corrupt.
[01:54:14.820 --> 01:54:18.820] Why writing citations is absolutely wrong.
[01:54:18.820 --> 01:54:34.820] When a cop can accuse you of a crime for the purpose of generating revenue and he is told that he must generate revenue if he wants to keep his job, there is no way you're ever going to say that.
[01:54:34.820 --> 01:54:36.820] Boy, yeah, that's a legitimate ticket.
[01:54:36.820 --> 01:54:49.820] Yeah, and I tell you what, if people don't know this already, well, every state I know of claims to be bankrupt.
[01:54:49.820 --> 01:54:52.820] Yeah, do you look at their CAFRA report?
[01:54:52.820 --> 01:55:00.820] Yeah, look at their CAFRA report and then you look at how are they all driving around in these brand new Dodge Chargers.
[01:55:00.820 --> 01:55:07.820] You know, I'm talking about the police department, how are they all driving around in these brand new Dodge Chargers.
[01:55:07.820 --> 01:55:18.820] If they'll go along with the Fed plan to implement this crap against the people of the states, we'll give you money to buy what you need because we can just print it.
[01:55:18.820 --> 01:55:19.820] That makes sense too.
[01:55:19.820 --> 01:55:39.820] When you see these departments driving around in all new vehicles, having all new uniforms, all new speed equipment and all this kind of stuff, it's because they are now federally bought and paid for to implement federal rule at the local level.
[01:55:39.820 --> 01:55:47.820] Just goes to show how much more corrupt they are than every day you learn something new about how corrupt they really are.
[01:55:47.820 --> 01:55:52.820] Yeah, it's kind of working out that way.
[01:55:52.820 --> 01:56:09.820] I mean, I think we should all operate under the presumption that it's corrupt from the get go, not that it's becoming corrupt, not that it has the potential to be corrupt, that it absolutely, positively is and always has been corrupt.
[01:56:09.820 --> 01:56:26.820] The only thing it's doing differently now is it's becoming less problematic when they can't hide it because the people have become sheeple enough to not question it even when it stands out in broad daylight.
[01:56:26.820 --> 01:56:41.820] Yes, and I'll get you that article. I'll have to cut it out of the tar telegram mindset. It's a big enough article. I don't think that I can scan it all in on one page as far as my scanner goes, but I'll get you the entire article.
[01:56:41.820 --> 01:56:43.820] Okay, that'll work.
[01:56:43.820 --> 01:56:44.820] All right.
[01:56:44.820 --> 01:56:49.820] All right, Chris, I appreciate you calling in. I think we got this wrapped up just in time. Thanks, sir.
[01:56:49.820 --> 01:56:50.820] Thank you.
[01:56:50.820 --> 01:56:56.820] All right, folks, we got about two minutes left before we sign out of here, and that should start the music here just any minute.
[01:56:56.820 --> 01:57:04.820] But I want to thank everybody that listens to this show. I want to thank everybody that's become members of Logos Radio Network to help support the network.
[01:57:04.820 --> 01:57:10.820] I want to thank everyone that has purchased the traffic seminars since we started doing those.
[01:57:10.820 --> 01:57:23.820] I am seriously considering attempting to set up a whole new traffic seminar, but to do it this time, we're not going to do it out of the transportation book that I wrote.
[01:57:23.820 --> 01:57:31.820] We are going to do it based strictly on the legal process that goes with the Code of Criminal Procedure and fighting it in court.
[01:57:31.820 --> 01:57:44.820] Yes, we're still going to need to learn what's in the transportation code and how it applies, but we really, really need to be working on how to take this to court, how to handle the traffic stops,
[01:57:44.820 --> 01:57:51.820] what laws are being broken by these people, what rights are being violated by the process and the law itself,
[01:57:51.820 --> 01:58:06.820] and exactly where the legislature has attempted to sell our due process rights down the river for the expediency of local revenue generation and state control of our day-to-day lives and property.
[01:58:06.820 --> 01:58:19.820] It's time to get busy. Stop sitting back and listening to me. Come to class. Participate. Educate. Stop being silent and being sold out.
[01:58:19.820 --> 01:58:26.820] All right, folks. Thank you so much for listening. This has been Rule of Law Radio, the Monday Night Traffic Show. This is your host, Eddie Craig.
[01:58:26.820 --> 01:58:49.820] Thank you all for a wonderful evening. Good night and God bless.
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