ROL_2015-04-06_16k.timecode
[00:00.000 --> 00:08.600] This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.600 --> 00:10.640] at thelibertybeat.com.
[00:10.640 --> 00:15.680] I'm Brian Hagan with your Liberty Beat for Monday, March 6, 2015.
[00:15.680 --> 00:25.400] Gold is trading at $1,203, silver at $16.77, and Bitcoin is trading around $258.84.
[00:25.400 --> 00:30.200] Today's Bitcoin price is brought to you by ExpressCoin, the fastest and most reliable
[00:30.200 --> 00:31.880] way to buy Bitcoin.
[00:31.880 --> 00:35.440] Buy Bitcoin today at ExpressCoin.com.
[00:35.440 --> 00:39.800] In the news, a new group is formed in New York that aims to end police killings through
[00:39.800 --> 00:43.640] cop watching and by creating cop-free zones.
[00:43.640 --> 00:48.800] Disarm NYPD is a collective that is working to remove the cops from neighborhoods and
[00:48.800 --> 00:55.160] to help communities develop conflict resolution bodies and networks to help communities self-organize.
[00:55.160 --> 01:01.160] Disarm NYPD was inspired by the group Take Back the Bronx, which also worked to create
[01:01.160 --> 01:06.400] no-cop zones in the Bronx.
[01:06.400 --> 01:10.400] An American citizen was killed in an attack in Yemen last week.
[01:10.400 --> 01:16.000] Jamal al-Wabani, a Yemeni-American from Northern California, was reportedly killed during a
[01:16.000 --> 01:18.160] rebel attack in Yemen.
[01:18.160 --> 01:22.600] He had been visiting family when he was struck by shrapnel from mortar fire during an attack
[01:22.600 --> 01:24.400] on the city of Aden.
[01:24.400 --> 01:28.040] He is believed to be the first American killed in the fighting in Yemen.
[01:28.040 --> 01:32.360] He had traveled to Yemen to bring his pregnant wife and daughter back to the United States,
[01:32.360 --> 01:38.400] according to a report released by USA Today.
[01:38.400 --> 01:43.120] Planning acts of terrorism is the allegation that led to the arrest of a 14-year-old boy
[01:43.120 --> 01:46.480] and a 16-year-old girl by British police.
[01:46.480 --> 01:48.080] It happened last week.
[01:48.080 --> 01:53.000] Sky News reports that our separate homes were raided both Thursday and Friday.
[01:53.000 --> 01:57.280] The girl's mother says she believes her daughter was playing a joke with a friend.
[01:57.280 --> 02:01.760] The girl is charged with engaging in conduct in preparation for acts of terrorism, while
[02:01.760 --> 02:05.280] the boy is charged with preparing for an act of terrorism.
[02:05.280 --> 02:07.600] Both are currently free on bond.
[02:07.600 --> 02:10.440] Their names are not yet made public.
[02:10.440 --> 02:14.080] Looking to promote your business or cause to tens of thousands of loyal listeners?
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[02:48.560 --> 02:54.760] This is the Liberty Beat for Monday, April 6, 2015.
[02:54.760 --> 02:57.760] Check out the website at TheLibertyBeat.com.
[02:57.760 --> 03:24.760] Really, man, come on, six o'clock noon, see somebody been shot, somebody's been abused,
[03:24.760 --> 03:31.760] somebody blew up a building, somebody stole a car, somebody got away, somebody didn't
[03:31.760 --> 03:38.760] get too far, yeah, they didn't get too far.
[03:38.760 --> 03:46.760] Grandpappy told my pappy back in my day, son, a man had to answer for the wicked that he
[03:46.760 --> 03:53.760] done, take all the rope in Texas by the tall old tree, round up all of them bad boys hang
[03:53.760 --> 04:01.760] on the highest tree, for all the people to see.
[04:01.760 --> 04:06.760] And just as there's one thing you should always find, you gotta settle up your boys, you've
[04:06.760 --> 04:08.760] got to draw a hard line.
[04:08.760 --> 04:15.760] When the guns were settled, we'll sing a victory tune and we'll all be glad that the
[04:15.760 --> 04:17.760] locals will look.
[04:17.760 --> 04:32.760] We'll raise up our glasses against evil forces and let's get all my men, bear for my horses.
[04:32.760 --> 04:34.760] All right, folks, good evening.
[04:34.760 --> 04:38.760] This is the Monday Night Rule of Law Radio Show with your host, Eddie Craig.
[04:38.760 --> 04:41.760] It is April 6, 2015.
[04:41.760 --> 04:44.760] We are rolling right along.
[04:44.760 --> 04:49.760] It's going to be one of those special kinds of years, I can just feel it, mostly in my
[04:49.760 --> 04:54.760] joints and my bones and that kind of stuff, but still.
[04:54.760 --> 05:00.760] All right, just something I need to bring to the airways for everybody to understand
[05:00.760 --> 05:02.760] about some emails that I'm getting.
[05:02.760 --> 05:08.760] I am getting lots of email requests for help as I always do and all this kind of stuff
[05:08.760 --> 05:12.760] and I respond to those as much as I can, as often as I can.
[05:12.760 --> 05:21.760] However, I am also getting a lot of disparaging emails saying, wanting to know why I will
[05:21.760 --> 05:30.760] not spend all of my time telling someone how to handle their case for free.
[05:30.760 --> 05:32.760] Yes.
[05:32.760 --> 05:33.760] Okay?
[05:33.760 --> 05:36.760] You're not willing to go out every day of the week and work for free.
[05:36.760 --> 05:38.760] I can't afford to work for free.
[05:38.760 --> 05:40.760] Okay?
[05:40.760 --> 05:42.760] I provide you with paperwork.
[05:42.760 --> 05:45.760] I provide you with instructions on the paperwork.
[05:45.760 --> 05:48.760] Try using a little common sense with the stuff.
[05:48.760 --> 05:52.760] Geez Louise, I can't do everybody's thinking for them, folks.
[05:52.760 --> 05:57.760] As much as I wish it was possible to transfer everything I know and do into each one of
[05:57.760 --> 06:04.760] you, until you make some effort, that is not going to happen.
[06:04.760 --> 06:11.760] So please stop putting it off on me that you will not take the opportunity and the time
[06:11.760 --> 06:18.760] to make a little effort to understand what is going on and whatever you're involved in.
[06:18.760 --> 06:21.760] I will help however I can.
[06:21.760 --> 06:22.760] Okay?
[06:22.760 --> 06:28.760] But there's a limit to how much time I've got to do that because I get far too many
[06:28.760 --> 06:35.760] of these, and they're not accompanied by checks, money orders, or credit card transfers.
[06:35.760 --> 06:42.760] It's a lot of free time for folks out there, and I have devoted years to this without any
[06:42.760 --> 06:48.760] payout of it whatsoever, except for whatever donations people are kind enough to make or
[06:48.760 --> 06:52.760] whenever someone actually buys a seminar.
[06:52.760 --> 06:58.760] And while we appreciate all that, we can't be productive if we spend all of our time
[06:58.760 --> 07:02.760] doing nothing else but answering emails and walking people step by step through the same
[07:02.760 --> 07:06.760] stuff that if they would put a little effort into it with the information they've already
[07:06.760 --> 07:11.760] got, they should be able to figure at least some of it out.
[07:11.760 --> 07:15.760] Now this is not meant to make it sound like I'm getting tired of dealing with you people.
[07:15.760 --> 07:17.760] It's not the case.
[07:17.760 --> 07:18.760] Okay?
[07:18.760 --> 07:27.760] But I need you, everyone needs you to take a little responsibility for yourself because
[07:27.760 --> 07:33.760] it's really not a feel-good sort of thing to get six emails in a row saying I want to
[07:33.760 --> 07:37.760] do this and I want to do this, and you read them and you know just about what they're
[07:37.760 --> 07:42.760] saying, that they are already beyond help because they haven't listened to anything
[07:42.760 --> 07:46.760] you've told them, and they're still going to do what they want to do.
[07:46.760 --> 07:49.760] So what's the point?
[07:49.760 --> 07:53.760] Folks, you are free to do whatever you want to do.
[07:53.760 --> 07:54.760] Can't stop that.
[07:54.760 --> 07:55.760] Don't want to stop that.
[07:55.760 --> 07:59.760] That's what being free is all about.
[07:59.760 --> 08:05.760] But don't blame me for what you don't know.
[08:05.760 --> 08:10.760] And don't blame me or anyone else on the network for that matter for not having every
[08:10.760 --> 08:19.760] spare moment of our day dedicated to holding your hand and telling you what to know.
[08:19.760 --> 08:22.760] That old adage of freedom isn't free.
[08:22.760 --> 08:25.760] Doesn't just apply to having to fight for it.
[08:25.760 --> 08:32.760] It applies to learning what it is, educating yourself, making an effort.
[08:32.760 --> 08:38.760] That involves reading, discussing, whatever it takes.
[08:38.760 --> 08:40.760] All right?
[08:40.760 --> 08:44.760] Just get that, let that sink in a little bit.
[08:44.760 --> 08:49.760] There's only so much of each and every one of us to go around and only so many hours
[08:49.760 --> 08:52.760] in the day.
[08:52.760 --> 08:59.760] My knees are going bad sitting in this dang chair having to do paperwork and having to
[08:59.760 --> 09:02.760] read and research and write.
[09:02.760 --> 09:05.760] Nobody's contributing to this.
[09:05.760 --> 09:09.760] I'm having to do it.
[09:09.760 --> 09:14.760] So the point here is my plate is already full.
[09:14.760 --> 09:19.760] People need to start taking responsibility for themselves and learn what they need to
[09:19.760 --> 09:20.760] learn.
[09:20.760 --> 09:24.760] The whole purpose of all the time and effort I put into the seminar material was to cut
[09:24.760 --> 09:29.760] down on the number of times that somebody had to hold your hand.
[09:29.760 --> 09:36.760] Because all you have to do is read and absorb and understand what's in front of you and
[09:36.760 --> 09:41.760] you should be able to figure it out if you're trying.
[09:41.760 --> 09:47.760] And it really, really bothers me when it's obvious that you're not and you're trying
[09:47.760 --> 09:51.760] to blame me for it or anyone else for it.
[09:51.760 --> 09:53.760] So give it a rest already.
[09:53.760 --> 09:55.760] We do the best we can.
[09:55.760 --> 09:59.760] But we are limited, period.
[09:59.760 --> 10:00.760] All right?
[10:00.760 --> 10:01.760] So give us a break.
[10:01.760 --> 10:02.760] Try a little bit on your own for once.
[10:02.760 --> 10:05.760] You know, that's what this does out there for.
[10:05.760 --> 10:07.760] I can do this show until I'm blue in the face.
[10:07.760 --> 10:11.760] But if every time you have a problem, the first place you've got to run is to one of
[10:11.760 --> 10:16.760] us for every single step of what you're supposed to do, then what good did the show do in the
[10:16.760 --> 10:20.760] first place?
[10:20.760 --> 10:21.760] So come on, folks.
[10:21.760 --> 10:22.760] Give us a hand.
[10:22.760 --> 10:28.760] We can't fight this battle by ourselves for even ourselves, much less for everyone.
[10:28.760 --> 10:32.760] This has got to become a group effort.
[10:32.760 --> 10:37.760] When the website is launched and we can get people gathered together in groups to study,
[10:37.760 --> 10:43.760] to discuss, to cross-reference things, to help each other with paperwork, that'll be
[10:43.760 --> 10:45.760] something to enjoy and to have available.
[10:45.760 --> 10:50.760] Then it will not be so much on us because everyone will be getting involved, or at least
[10:50.760 --> 10:53.760] I'm hoping they'll be getting involved.
[10:53.760 --> 11:00.760] But until then, you still need to be educating yourself and making a real effort.
[11:00.760 --> 11:02.760] All right?
[11:02.760 --> 11:06.760] I want to get off that subject, and I am going to put one thing out there.
[11:06.760 --> 11:12.760] This is a quote that I found, and it deals with some of the stuff that I keep hearing
[11:12.760 --> 11:17.760] out of these judges and attorneys about, well, you got to do this and that.
[11:17.760 --> 11:18.760] The legislature did it.
[11:18.760 --> 11:19.760] The people enjoy it.
[11:19.760 --> 11:23.760] They all agreed to it and blah, blah, blah, and so on and so forth.
[11:23.760 --> 11:30.760] Well, the one thing I've got as a message for you judges and attorneys, listen closely.
[11:30.760 --> 11:33.760] A lie does not become truth.
[11:33.760 --> 11:35.760] Wrong doesn't become right.
[11:35.760 --> 11:44.760] And evil doesn't become good just because it's accepted by a majority.
[11:44.760 --> 11:52.760] And that holds just as true when it's accepted by stupidity or people that don't want to
[11:52.760 --> 11:56.760] do for themselves.
[11:56.760 --> 12:05.760] I am not subject in my rights to somebody else's vote or determination or belief or
[12:05.760 --> 12:09.760] desire or fear.
[12:09.760 --> 12:18.760] They are my rights, and I do not consent and will never consent to any of you rewriting
[12:18.760 --> 12:23.760] the constitutions by judicial fiat through your opinions.
[12:23.760 --> 12:25.760] And you're doing it all the time.
[12:25.760 --> 12:26.760] You're amending our constitution.
[12:26.760 --> 12:28.760] You're amending the state laws.
[12:28.760 --> 12:33.760] You're doing everything you can to alter the reality of government through your judicial
[12:33.760 --> 12:38.760] opinions and your control of the Bar Association and the judicial process in general.
[12:38.760 --> 12:46.760] And I'm getting tired of it, and that's why I'm here, to see if I can show a few other
[12:46.760 --> 12:52.760] people out there what's really happening and see just how tired they get of it, too.
[12:52.760 --> 13:02.760] And I hope that it spreads like a virus, because when the people no longer consent to follow
[13:02.760 --> 13:11.760] your dictates, then your dictates lose their power.
[13:11.760 --> 13:12.760] All right.
[13:12.760 --> 13:13.760] Keep that in mind.
[13:13.760 --> 13:18.760] Now, we have a couple of callers up on the board, and just over three minutes before
[13:18.760 --> 13:21.760] break, so we're going to start with Michael in Pennsylvania.
[13:21.760 --> 13:24.760] Michael, what can we do for you?
[13:24.760 --> 13:25.760] Thank you.
[13:25.760 --> 13:28.760] Well, I was just pulled over.
[13:28.760 --> 13:33.760] This is the first time I'm on the call, I've watched a couple of your YouTubes quite a
[13:33.760 --> 13:40.760] few times, videos, and basically I thought I had the right to travel, and I got pulled
[13:40.760 --> 13:41.760] over.
[13:41.760 --> 13:44.760] I passed two automobiles, and I'm going up a hill.
[13:44.760 --> 13:45.760] They pulled me over.
[13:45.760 --> 13:48.760] I refused to give them my driver's license.
[13:48.760 --> 13:54.760] I didn't identify myself, said I have a right to travel privately, and I'm not interested
[13:54.760 --> 13:55.760] in contracting with you.
[13:55.760 --> 13:59.760] They ended up calling the DA up, the DA just gave them the go-ahead.
[13:59.760 --> 14:05.760] They busted my windows and arrested me, put me in jail, charged me with fleeing and looting
[14:05.760 --> 14:13.760] and DUI, a bunch of other things, and put my bail at $50,000, and made me have to wear
[14:13.760 --> 14:18.760] an ankle bracelet for scram, and here I am.
[14:18.760 --> 14:23.760] This happened about Friday the 13th.
[14:23.760 --> 14:28.760] So I was just wondering what direction, number one, I was wondering if you had anybody in
[14:28.760 --> 14:33.760] Pennsylvania or specifically like Harrisburg area that is trained in any of this that could
[14:33.760 --> 14:36.760] help me, but I could pay them.
[14:36.760 --> 14:43.760] Right now I don't have any way of determining where my listeners are, nor do I keep a running
[14:43.760 --> 14:45.760] role of where they are.
[14:45.760 --> 14:47.760] So the answer to that is no.
[14:47.760 --> 14:53.760] The second thing is is if you're asking anything relating to an attorney, the answer is also
[14:53.760 --> 14:54.760] no.
[14:54.760 --> 14:57.760] One, I don't recommend attorneys.
[14:57.760 --> 14:59.760] I will never recommend an attorney.
[14:59.760 --> 15:01.760] I will never refer anyone to an attorney.
[15:01.760 --> 15:07.760] The whole point of what I do is to teach people to handle things for themselves, and I will
[15:07.760 --> 15:11.760] also not take the blame for hooking them up with an attorney that screws them and throws
[15:11.760 --> 15:15.760] them under the bus so they can blame me for it because I recommended them.
[15:15.760 --> 15:17.760] So on those two points, the answer is no.
[15:17.760 --> 15:19.760] I don't have any contact information for you.
[15:19.760 --> 15:25.760] If there are any listeners in Pennsylvania that can help Michael out here, then please
[15:25.760 --> 15:30.760] feel free to call in while we're on the air tonight and give out your information, or
[15:30.760 --> 15:34.760] if Michael will send me an email with his and y'all send me an email with yours, I will
[15:34.760 --> 15:39.760] see if I can match you up, but I can't promise that I'll get them in close enough time frame
[15:39.760 --> 15:41.760] together to make the match.
[15:41.760 --> 15:44.760] But anyway, I'll try if that's what it takes.
[15:44.760 --> 15:46.760] Once the website's up, that won't be such a big deal.
[15:46.760 --> 15:48.760] Y'all can get together on your own.
[15:48.760 --> 15:59.760] However, am I correct in what I heard that everything that you told me is the things
[15:59.760 --> 16:02.760] that you said to the cops?
[16:02.760 --> 16:05.760] Yes, I said I am not interested in contracting.
[16:05.760 --> 16:07.760] I said I am traveling privately.
[16:07.760 --> 16:11.760] They just kept asking for a driver's license to just hold it up to the window.
[16:11.760 --> 16:13.760] I said I'm not interested in that.
[16:13.760 --> 16:19.760] And basically maintained everything that I've been studying about, like traveling privately.
[16:19.760 --> 16:23.760] What have you been studying and where have you been getting it?
[16:23.760 --> 16:33.760] Well, from listening to your YouTubes also, this other gentleman in this state actually.
[16:33.760 --> 16:35.760] Okay, hang on just a second, Michael.
[16:35.760 --> 16:39.760] We're going to go to break, and then when we get back, I'm going to have a couple things
[16:39.760 --> 16:41.760] to deal with here and what you just said.
[16:41.760 --> 16:43.760] But hang on just a minute.
[16:43.760 --> 16:44.760] All right, so we'll be right back.
[16:44.760 --> 16:46.760] All right, folks, this is Rule of Law Radio.
[16:46.760 --> 16:50.760] The call in number is 512-646-1984.
[16:50.760 --> 16:52.760] Give us a call, give us a holler, get in line.
[16:52.760 --> 16:53.760] Let's go, folks.
[16:53.760 --> 16:59.760] It's Monday night, and we need to talk.
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[19:00.760 --> 19:10.760] You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:10.760 --> 19:37.760] All right, folks, we are back.
[19:37.760 --> 19:42.760] This is Rule of Law Radio, and we're talking to Michael in Pennsylvania.
[19:42.760 --> 19:45.760] All right, Michael, you said something about listening to my stuff
[19:45.760 --> 19:50.760] and some guy in Pennsylvania, some guy being who?
[19:50.760 --> 19:53.760] I'm not quite sure what his name was.
[19:53.760 --> 19:58.760] Basically, I got the idea that I wasn't involved in commerce.
[19:58.760 --> 20:02.760] I wasn't getting paid to be driving for any company.
[20:02.760 --> 20:04.760] Okay, but be that as it may,
[20:04.760 --> 20:08.760] there's a right way and a wrong way to handle that dispute.
[20:08.760 --> 20:11.760] Guess which one you picked.
[20:11.760 --> 20:12.760] The wrong way.
[20:12.760 --> 20:14.760] There you go.
[20:14.760 --> 20:18.760] And you know why I know this?
[20:18.760 --> 20:21.760] Because if you've been listening to my stuff,
[20:21.760 --> 20:26.760] none of what you said you did came from me.
[20:26.760 --> 20:27.760] Okay?
[20:27.760 --> 20:28.760] Right.
[20:28.760 --> 20:31.760] Because I don't tell you to sit there and say nothing,
[20:31.760 --> 20:35.760] and I don't tell you to say if they demand something from you,
[20:35.760 --> 20:39.760] oh, I'm not interested in that.
[20:39.760 --> 20:47.760] Have you by any chance gotten your hands on the transportation script?
[20:47.760 --> 20:56.760] I have listened to you talk about it, but, yeah, I didn't have that on hand.
[20:56.760 --> 20:58.760] Okay, you didn't have it on hand.
[20:58.760 --> 21:00.760] Do you have it at all?
[21:00.760 --> 21:01.760] No, I did not.
[21:01.760 --> 21:02.760] Okay.
[21:02.760 --> 21:09.760] And how long ago before this occurred did you know about it?
[21:09.760 --> 21:13.760] Probably for three months, two months.
[21:13.760 --> 21:18.760] At least long enough to read a few pages worth of information, right?
[21:18.760 --> 21:19.760] Yes.
[21:19.760 --> 21:23.760] And hopefully enough to actually have made some sense out of applying it, right?
[21:23.760 --> 21:24.760] Right.
[21:24.760 --> 21:30.760] But you didn't. Why?
[21:30.760 --> 21:33.760] Well, I thought I would be able to avoid contract with them,
[21:33.760 --> 21:37.760] and they would just let me alone if I was dead wrong.
[21:37.760 --> 21:38.760] Really?
[21:38.760 --> 21:40.760] Where the hell have you been?
[21:40.760 --> 21:46.760] You've been vacationing on some planet in another solar system or what?
[21:46.760 --> 21:47.760] You live in America.
[21:47.760 --> 21:50.760] You should know better than that.
[21:50.760 --> 21:58.760] Leaving you alone is not an option.
[21:58.760 --> 22:03.760] Did that not occur to you?
[22:03.760 --> 22:10.760] I just thought they would recognize that what I was saying was truth.
[22:10.760 --> 22:14.760] Okay.
[22:14.760 --> 22:16.760] So you assumed a lot.
[22:16.760 --> 22:18.760] I'm naive.
[22:18.760 --> 22:23.760] That goes way beyond naivete, okay?
[22:23.760 --> 22:27.760] I'm going to assume you're over 40, right?
[22:27.760 --> 22:28.760] Forty-two.
[22:28.760 --> 22:29.760] Okay.
[22:29.760 --> 22:35.760] And in 42 years of living in good old USA, especially the last decade's worth,
[22:35.760 --> 22:39.760] you've learned nothing about what the government is not willing to recognize
[22:39.760 --> 22:44.760] and what they are willing to do to get their way?
[22:44.760 --> 22:49.760] I have. I thought this was like the magic pill or whatever.
[22:49.760 --> 22:52.760] Now I know you haven't been listening to me,
[22:52.760 --> 22:56.760] because the first thing I will tell you is there ain't no such thing
[22:56.760 --> 23:02.760] as a silver bullet, a magic pill, none of it.
[23:02.760 --> 23:06.760] That's the whole reason that transportation script exists,
[23:06.760 --> 23:12.760] to protect your rights the correct way.
[23:12.760 --> 23:15.760] All right, folks.
[23:15.760 --> 23:18.760] This is a good example of what I started the show off with,
[23:18.760 --> 23:21.760] not meaning to use Michael as a punching bag.
[23:21.760 --> 23:27.760] But if you are going to take this fight out in the streets to them,
[23:27.760 --> 23:34.760] it might behoove you to do a little bit of training first on how to fight.
[23:34.760 --> 23:37.760] Wouldn't you agree, Michael?
[23:37.760 --> 23:39.760] Absolutely.
[23:39.760 --> 23:41.760] Okay.
[23:41.760 --> 23:45.760] As far as someone to help you directly,
[23:45.760 --> 23:51.760] I don't have anyone in mind that I know of anywhere that could do that
[23:51.760 --> 23:53.760] with where you're at at the moment.
[23:53.760 --> 23:54.760] I have you.
[23:54.760 --> 23:56.760] You have me?
[23:56.760 --> 23:57.760] Yes.
[23:57.760 --> 23:59.760] How much would it cost to have you?
[23:59.760 --> 24:02.760] Well, again, I don't know Pennsylvania law.
[24:02.760 --> 24:04.760] That's the problem.
[24:04.760 --> 24:05.760] Okay.
[24:05.760 --> 24:09.760] The problem here is I know Texas law inside and out.
[24:09.760 --> 24:15.760] I know the judicial due process side of things is universal.
[24:15.760 --> 24:19.760] But what the nuances of the rules and procedure in Pennsylvania are,
[24:19.760 --> 24:24.760] I have no idea.
[24:24.760 --> 24:29.760] So I can only be advisory at best as far as due process,
[24:29.760 --> 24:32.760] but I can't be any help at all on what to file and what court
[24:32.760 --> 24:36.760] and when involving specifics of procedure.
[24:36.760 --> 24:42.760] In general, sure, specifics, no.
[24:42.760 --> 24:48.760] Now, the other problem you have here is these potentially are felonies,
[24:48.760 --> 24:50.760] or at least one of them is.
[24:50.760 --> 24:52.760] Right.
[24:52.760 --> 24:58.760] So the only thing I can tell you is if you're not prepared to fight this,
[24:58.760 --> 25:05.760] you better find the money to pay somebody who is.
[25:05.760 --> 25:07.760] Right.
[25:07.760 --> 25:10.760] So the problem there is this.
[25:10.760 --> 25:15.760] The unfortunate side of the criminal pool at that end is very, very deep.
[25:15.760 --> 25:19.760] And the only person you're going to stand any chance at all with is going into
[25:19.760 --> 25:26.760] hock with a lawyer, truth be told, because you've already shown you don't know
[25:26.760 --> 25:30.760] enough to go at this yourself.
[25:30.760 --> 25:41.760] And without one, that felony is going to get awful big on the horizon real soon.
[25:41.760 --> 25:44.760] So you've got to figure out how you're going to handle that.
[25:44.760 --> 25:48.760] And I'm going to say one other thing before I go to my next caller.
[25:48.760 --> 25:55.760] Don't ever start a fight you haven't done anything to prepare for.
[25:55.760 --> 25:59.760] That's got to be the dumbest thing on the planet.
[25:59.760 --> 26:03.760] Do not assume a fight won't come your way when you're trying to go against the
[26:03.760 --> 26:05.760] flow as it exists.
[26:05.760 --> 26:09.760] And you knew you were doing that, didn't you?
[26:09.760 --> 26:12.760] Yes, I was testing it, actually.
[26:12.760 --> 26:19.760] Well, that was an acid test.
[26:19.760 --> 26:20.760] Okay?
[26:20.760 --> 26:23.760] That's the problem.
[26:23.760 --> 26:24.760] So testing is one thing.
[26:24.760 --> 26:28.760] If you're going to test it, start small, you know?
[26:28.760 --> 26:29.760] All right.
[26:29.760 --> 26:33.760] Well, that ain't where you started, unfortunately.
[26:33.760 --> 26:38.760] So I would go shopping if I were you.
[26:38.760 --> 26:40.760] Okay.
[26:40.760 --> 26:41.760] All right?
[26:41.760 --> 26:42.760] All right.
[26:42.760 --> 26:43.760] Thank you.
[26:43.760 --> 26:44.760] Yep.
[26:44.760 --> 26:45.760] Thanks for calling in.
[26:45.760 --> 26:46.760] All right.
[26:46.760 --> 26:48.760] Now we're going to go to Max in Texas.
[26:48.760 --> 26:53.760] Max, how's your mother's school bus camera ticket going?
[26:53.760 --> 26:54.760] Good evening, Eddie.
[26:54.760 --> 26:56.760] Hope you had a wonderful Easter.
[26:56.760 --> 27:01.760] And so far they're just kind of in a holding pattern.
[27:01.760 --> 27:06.760] But I wanted to ask you this first and for the benefit of the entire audience.
[27:06.760 --> 27:10.760] When's the loose ETA of your new book coming out?
[27:10.760 --> 27:15.760] And where can interested people purchase the Sunday class videos for $20 an
[27:15.760 --> 27:16.760] episode like you said?
[27:16.760 --> 27:18.760] How do we do that?
[27:18.760 --> 27:26.760] You can actually purchase the video by simply giving a donation to me on the
[27:26.760 --> 27:30.760] website and just make sure you click the donate to Eddie button on there and
[27:30.760 --> 27:34.760] just put a footnote on it that it's for a class and go back and look through
[27:34.760 --> 27:36.760] the list of Sunday classes.
[27:36.760 --> 27:40.760] But the problem is I don't have the Sunday classes catalogued.
[27:40.760 --> 27:43.760] I've got all the videos, but I don't have them labeled as to what the
[27:43.760 --> 27:46.760] subject matter was.
[27:46.760 --> 27:48.760] I didn't think to do that.
[27:48.760 --> 27:52.760] I was so busy trying to get them organized as far as keeping the correct
[27:52.760 --> 27:53.760] dates in there.
[27:53.760 --> 27:59.760] And each one of these files, there's anywhere from 8 to 16 files in each one
[27:59.760 --> 28:02.760] of these depending upon how long the class ran.
[28:02.760 --> 28:04.760] And I haven't got to edit any of them.
[28:04.760 --> 28:09.760] All of them are still raw video because I spend my entire week doing other
[28:09.760 --> 28:10.760] things for other people.
[28:10.760 --> 28:13.760] I just haven't had time to go back and do this.
[28:13.760 --> 28:15.760] So I don't have them catalogued.
[28:15.760 --> 28:19.760] I cannot tell you what the subject matter of each week's class is at this
[28:19.760 --> 28:20.760] time.
[28:20.760 --> 28:23.760] Now, I may try to get somebody in here in the future that doesn't have a
[28:23.760 --> 28:27.760] whole lot of time in their day to have to worry about doing something and
[28:27.760 --> 28:30.760] see if they'll go through, watch the videos and catalog what they are.
[28:30.760 --> 28:35.760] But you're talking three hours a pop to do that.
[28:35.760 --> 28:38.760] And as far as the ETA for the new book?
[28:38.760 --> 28:43.760] The ETA for the new book, what I am trying to figure out is whether or not I
[28:43.760 --> 28:46.760] should get this thing put together in time for a Memorial Day weekend,
[28:46.760 --> 28:48.760] three-day seminar.
[28:48.760 --> 28:51.760] I want to do a seminar on the new book.
[28:51.760 --> 28:53.760] It will all be due process.
[28:53.760 --> 28:55.760] It will all be about the court documents.
[28:55.760 --> 28:59.760] It will be about everything you're going to face in that courtroom and what
[28:59.760 --> 29:01.760] to do about it.
[29:01.760 --> 29:05.760] Every argument they're going to make, every objection you should be making,
[29:05.760 --> 29:08.760] everything they're doing wrong and how they're doing it wrong and where it
[29:08.760 --> 29:12.760] violates law and due process, this book is going to cover all of that.
[29:12.760 --> 29:14.760] If I can get it finished.
[29:14.760 --> 29:19.760] If I cannot get it finished before Memorial Day, then I will have to move it
[29:19.760 --> 29:23.760] further down the road for the year to another three-day weekend.
[29:23.760 --> 29:26.760] We'll just have to play that by ear as we go.
[29:26.760 --> 29:31.760] I just finished the chapter on ordinances not being law.
[29:31.760 --> 29:36.760] It started out at 17 pages, but by the time I got all the road maps and
[29:36.760 --> 29:39.760] everything placed into it as to where things are going and setting it up for
[29:39.760 --> 29:45.760] discussion, it turned out to be 33 pages after adding the graphics to it.
[29:45.760 --> 29:49.760] But hang on just a second, Max, and we'll pick this up on the other side.
[29:49.760 --> 29:55.760] All right, folks, this is Rule of Law Radio calling number 512-646-1984.
[29:55.760 --> 30:00.760] We'll be right back.
[30:00.760 --> 30:03.760] What causes hiccups and how can you get rid of them?
[30:03.760 --> 30:05.760] I'd sure like to know.
[30:05.760 --> 30:08.760] I'm Dr. Catherine Albrecht, and I'll be back in just a moment to share
[30:08.760 --> 30:11.760] my recommended cures for this annoying and embarrassing problem.
[30:11.760 --> 30:13.760] Pick.
[30:13.760 --> 30:17.760] Your search engine is watching you, recording all your searches and creating
[30:17.760 --> 30:20.760] a massive database of your personal information.
[30:20.760 --> 30:21.760] That's creepy.
[30:21.760 --> 30:23.760] But it doesn't have to be that way.
[30:23.760 --> 30:26.760] Startpage.com is the world's most private search engine.
[30:26.760 --> 30:30.760] Startpage doesn't store your IP address, make a record of your searches,
[30:30.760 --> 30:33.760] or use tracking cookies, and they're third-party certified.
[30:33.760 --> 30:37.760] If you don't like Big Brother spying on you, start over with Startpage.
[30:37.760 --> 30:40.760] Great search results and total privacy.
[30:40.760 --> 30:43.760] Startpage.com, the world's most private search engine.
[30:43.760 --> 30:47.760] Hiccups are caused by quick and voluntary contractions of the diaphragm.
[30:47.760 --> 30:51.760] The diaphragm is a muscle just underneath your rib cage that helps you breathe.
[30:51.760 --> 30:53.760] Hiccups usually go away by themselves.
[30:53.760 --> 30:54.760] It just takes time.
[30:54.760 --> 30:57.760] But if you can't wait, try one of these time-tested remedies.
[30:57.760 --> 30:59.760] Hold your breath for short periods.
[30:59.760 --> 31:02.760] Take a mouthful of water and swallow it upside down.
[31:02.760 --> 31:06.760] Breathe in and out of a paper bag, or swallow a teaspoon of vinegar
[31:06.760 --> 31:09.760] or, surprisingly, a teaspoon of sugar.
[31:09.760 --> 31:12.760] Hiccups that won't go away could signal a serious medical condition.
[31:12.760 --> 31:16.760] If they last for more than 48 hours, you've experienced other symptoms,
[31:16.760 --> 31:18.760] it's time to see a doctor.
[31:18.760 --> 31:19.760] I'm Dr. Catherine Albrecht.
[31:19.760 --> 31:23.760] More news and information at CatherineAlbrecht.com.
[31:30.760 --> 31:31.760] What are you thinking?
[31:31.760 --> 31:34.760] Microplant powder with iodine and probiotics?
[31:34.760 --> 31:37.760] Or a total body detox for around $10 a month?
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[31:41.760 --> 31:44.760] for absorbing and removing toxins from your kidneys,
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[31:54.760 --> 31:59.760] Call 888-910-4367 only at ifusa.org.
[31:59.760 --> 32:03.760] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:03.760 --> 32:06.760] In today's America, we live in an us-against-them society,
[32:06.760 --> 32:08.760] and if we, the people, are ever going to have a free society,
[32:08.760 --> 32:11.760] then we're going to have to stand and defend our own rights.
[32:11.760 --> 32:14.760] Among those rights are the right to travel freely from place to place,
[32:14.760 --> 32:16.760] the right to act in our own private capacity,
[32:16.760 --> 32:18.760] and most importantly, the right to due process of law.
[32:18.760 --> 32:21.760] Traffic courts afford us the least expensive opportunity
[32:21.760 --> 32:24.760] to learn how to enforce and preserve our rights through due process.
[32:24.760 --> 32:27.760] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:27.760 --> 32:30.760] has put together the most comprehensive teaching tool available
[32:30.760 --> 32:32.760] that will help you understand what due process is
[32:32.760 --> 32:34.760] and how to hold courts to the rule of law.
[32:34.760 --> 32:36.760] You can get your own copy of this invaluable material
[32:36.760 --> 32:40.760] by going to ruleoflawradio.com and ordering your copy today.
[32:40.760 --> 32:42.760] By ordering now, you'll receive a copy of Eddie's book,
[32:42.760 --> 32:44.760] The Texas Transportation Code, The Law Versus the Lie,
[32:44.760 --> 32:47.760] video and audio of the original 2009 seminar,
[32:47.760 --> 32:50.760] hundreds of research documents, and other useful resource material.
[32:50.760 --> 32:54.760] Learn how to fight for your rights with the help of this material from ruleoflawradio.com.
[32:54.760 --> 32:58.760] Order your copy today and together we can have the free society we all want and deserve.
[32:58.760 --> 33:11.760] Live, free speech radio, logosradionetwork.com.
[33:11.760 --> 33:25.760] Yeah, I got a warrant and I'm going to solve them, to the help of government them, prosecute them.
[33:25.760 --> 33:29.760] Okay.
[33:29.760 --> 33:49.760] All right, folks, we are back.
[33:49.760 --> 33:53.760] This is Rule of Law Radio and we're talking to Max in Texas.
[33:53.760 --> 33:55.760] All right, Max, where did I leave off at?
[33:55.760 --> 33:59.760] Oh, yeah, the trying to get it together by Memorial Day weekend.
[33:59.760 --> 34:04.760] And if I can't do that, I got to move it back later in the year to the next available three-day weekend.
[34:04.760 --> 34:07.760] But it's going to be very, very extensive.
[34:07.760 --> 34:13.760] So I've been, every time I've had a class or any ideas that's popped into my head, I've come home.
[34:13.760 --> 34:20.760] I've tried to organize them into individual notes for individual chapters and so on and so forth.
[34:20.760 --> 34:28.760] And then one chapter is going to be dedicated entirely to the step-by-step process of what to do,
[34:28.760 --> 34:34.760] what they're going to do, what documents to be filing out of the material, et cetera, et cetera.
[34:34.760 --> 34:39.760] It's going to take you all the way from the very beginning all the way through to the end,
[34:39.760 --> 34:43.760] starting with the traffic stop all the way through final appeal.
[34:43.760 --> 34:46.760] That's the goal.
[34:46.760 --> 34:54.760] So this thing is going to be the size of the Houston telephone directory if I'm not real careful.
[34:54.760 --> 34:57.760] Well, I wouldn't mind a bit if it was.
[34:57.760 --> 34:59.760] I wouldn't mind if it was bigger even.
[34:59.760 --> 35:05.760] But anyway, OK, on to my mother's issue, if you don't mind.
[35:05.760 --> 35:12.760] Last kind of left off, we sent a cease and desist letter to the city attorney of Dallas,
[35:12.760 --> 35:19.760] and we ceded the assistance to the attorney who replied to us originally,
[35:19.760 --> 35:24.760] and we, of course, we ceded the mayor again with the cease and desist letter.
[35:24.760 --> 35:32.760] And the cease and desist letter kind of ended with a reply within 10 days or you stipulate everything within it.
[35:32.760 --> 35:35.760] So naturally, we got no response.
[35:35.760 --> 35:43.760] And last time I talked to you, we had talked about we would have to initiate a cause of action,
[35:43.760 --> 35:49.760] a civil case against the city of Dallas.
[35:49.760 --> 35:53.760] And you had recommended that or you had suggested that if it was you,
[35:53.760 --> 35:58.760] that you would recommend doing it in a district court, a Texas district court,
[35:58.760 --> 36:03.760] and seek only no damages, but only injunctive relief.
[36:03.760 --> 36:09.760] Now, I thought that there was the kind of the rule that you're always supposed to take the state to the Fed
[36:09.760 --> 36:12.760] and the Fed to the state.
[36:12.760 --> 36:15.760] Any input on that yet?
[36:15.760 --> 36:20.760] Well, the thing about it here is you're asking for injunctive relief.
[36:20.760 --> 36:28.760] You're not actually suing for damages or anything like that or violation of a protected right yet.
[36:28.760 --> 36:33.760] So there's no going to the Fed because at this moment, there is no violation.
[36:33.760 --> 36:41.760] You have to go through all of your available administrative remedy before you can go to the Fed.
[36:41.760 --> 36:42.760] Ah, okay.
[36:42.760 --> 36:49.760] And that's why last time I was asking you what the cause of action would be in a state, you know,
[36:49.760 --> 36:53.760] according to state law and then I looked up the federal and, you know,
[36:53.760 --> 36:59.760] I got 42 U.S.C. 1983 and it says in there that injunctive relief shall not be granted
[36:59.760 --> 37:07.760] unless a declaratory degree was violated or declaratory relief was unavailable.
[37:07.760 --> 37:13.760] So in other words, I have to first try and get this in a district court before I can even take it to the Fed.
[37:13.760 --> 37:20.760] Right, because as of yet, you don't have a harm of a protected right that the Fed can engage in outside of that.
[37:20.760 --> 37:22.760] We have no standing.
[37:22.760 --> 37:25.760] It's not that you don't have standing.
[37:25.760 --> 37:31.760] You just don't have a protected right harmed yet.
[37:31.760 --> 37:33.760] Okay, okay.
[37:33.760 --> 37:37.760] And there's one that's about to occur if they're allowed to do what they're doing.
[37:37.760 --> 37:43.760] But the problem here is, is that the ordinance is in violation of state law.
[37:43.760 --> 37:53.760] There is a case law that says very clearly that a city cannot create a different class of penalty
[37:53.760 --> 37:57.760] than that encompassed by state law for the same subject matter.
[37:57.760 --> 38:04.760] The city can't convert a criminal act declared at the state level into a civil offense at the city level.
[38:04.760 --> 38:06.760] And that's what they're doing.
[38:06.760 --> 38:12.760] And Eddie, I've still yet to find the case law that's on point with that.
[38:12.760 --> 38:19.760] But however, along those very same lines, I was thinking that I know this is a little bit unorthodox
[38:19.760 --> 38:25.760] and maybe a little Randy Kelton bushwhack style, but what would be, you know,
[38:25.760 --> 38:33.760] would there be any repercussions of filing a criminal complaint against the officer who signed the citation
[38:33.760 --> 38:39.760] and a criminal complaint for shielding my mother from prosecution
[38:39.760 --> 38:45.760] because the fine that the state recommends is $200 more than what the city's recommending.
[38:45.760 --> 38:50.760] They're technically shielding her from being punished for a violation of a state law,
[38:50.760 --> 38:53.760] and that's a Class A misdemeanor.
[38:53.760 --> 38:59.760] So if I were to file, you know, wouldn't I be able to file that myself?
[38:59.760 --> 39:03.760] A criminal complaint, yeah, but why in the world would you do that?
[39:03.760 --> 39:08.760] That's putting the crowbar to the state to prosecute your mom.
[39:08.760 --> 39:11.760] Well, exactly, but it would take it into the criminal realm
[39:11.760 --> 39:14.760] where they would have to prove beyond a shadow of a doubt instead of this.
[39:14.760 --> 39:15.760] You're misunderstanding here.
[39:15.760 --> 39:19.760] Here's the problem from the get-go.
[39:19.760 --> 39:26.760] Municipal courts in Texas do not have civil jurisdiction.
[39:26.760 --> 39:30.760] None. Not a zip.
[39:30.760 --> 39:36.760] Therefore, the ticket on its face is a bill of pains and penalties
[39:36.760 --> 39:42.760] because it's an administrative punishment with no judicial review.
[39:42.760 --> 39:48.760] Where do they tell you you have to take the appeal on if they find against you?
[39:48.760 --> 39:52.760] Well, you know, I've already informed them that it's a bill of pains and penalties.
[39:52.760 --> 39:54.760] Whoa, whoa, whoa. That wasn't my question, Max.
[39:54.760 --> 39:56.760] Stick with me here.
[39:56.760 --> 40:01.760] Where does the ordinance say that you must seek appeal
[40:01.760 --> 40:14.760] if you're found guilty and assessed the fine in this case?
[40:14.760 --> 40:17.760] Hello?
[40:17.760 --> 40:22.760] Did we lose Max?
[40:22.760 --> 40:28.760] Okay, we must have because he is not entering back.
[40:28.760 --> 40:32.760] Okay, well, that's going to be a problem.
[40:32.760 --> 40:35.760] Of course, I have other problems here at the moment, too.
[40:35.760 --> 40:38.760] My Firefox has now bit the dust for the 10th time today.
[40:38.760 --> 40:39.760] Y'all hang on just a second.
[40:39.760 --> 40:43.760] Let me get the next caller up here if and when this actually happens.
[40:43.760 --> 40:48.760] Max, are you there?
[40:48.760 --> 40:50.760] All right, we'll wait for Max to reconnect.
[40:50.760 --> 40:55.760] In the meantime, yeah.
[40:55.760 --> 40:56.760] Ah, okay.
[40:56.760 --> 40:59.760] All right, I just got informed we're having technical difficulties
[40:59.760 --> 41:03.760] with the phone bridge itself, so that may have been what dropped him off.
[41:03.760 --> 41:07.760] And if any of the rest of you that are listening get cut off, please call back in.
[41:07.760 --> 41:10.760] That's the phone bridge acting up.
[41:10.760 --> 41:13.760] Looks like Max may have managed to reconnect.
[41:13.760 --> 41:14.760] Let me see.
[41:14.760 --> 41:16.760] Max, are you there?
[41:16.760 --> 41:19.760] Yeah, okay.
[41:19.760 --> 41:20.760] All right.
[41:20.760 --> 41:24.760] All right, well, for the moment, we don't have any way to connect the calls,
[41:24.760 --> 41:27.760] so we're going to have to wait just a minute until we get the phone bridge restarted.
[41:27.760 --> 41:29.760] That's being worked on.
[41:29.760 --> 41:34.760] In the meantime, let me go over what I'm trying to make the point with to Max here.
[41:34.760 --> 41:41.760] If this ordinance specifically says that the appeal from whoever makes the determination,
[41:41.760 --> 41:48.760] even if that determination is originally made by the municipal court, there's a problem.
[41:48.760 --> 41:58.760] Municipal courts don't have civil jurisdiction in Texas of any kind, for any reason.
[41:58.760 --> 42:06.760] So if this is supposed to be a civil fine and a civil action against whoever,
[42:06.760 --> 42:08.760] then they've got a couple of different issues.
[42:08.760 --> 42:13.760] One, where's the contract that they are basing the breach of contract on,
[42:13.760 --> 42:18.760] and so on and so forth, because in the civil, there's got to be some breach of some kind,
[42:18.760 --> 42:22.760] and that breach is found in some form of agreement.
[42:22.760 --> 42:24.760] Where is it?
[42:24.760 --> 42:32.760] Then on top of that, of course, where do you appeal from once their court or whoever it is
[42:32.760 --> 42:37.760] actually assesses the fine and says you have to pay it?
[42:37.760 --> 42:39.760] Who do you appeal to?
[42:39.760 --> 42:47.760] Well, if it's civil, it doesn't go up to the county court or anybody like that for this particular issue
[42:47.760 --> 42:52.760] because it was never found by a judicial at the lower.
[42:52.760 --> 42:55.760] You see the problem here?
[42:55.760 --> 43:00.760] Where does this ordinance say they have to go to get an appeal?
[43:00.760 --> 43:02.760] Can they appeal?
[43:02.760 --> 43:03.760] That's what I don't know.
[43:03.760 --> 43:05.760] I don't know what the ordinance is.
[43:05.760 --> 43:10.760] And, Max, if you're listening, if you'll send me a link to that ordinance,
[43:10.760 --> 43:12.760] and if you have, I apologize.
[43:12.760 --> 43:13.760] I've had so many emails.
[43:13.760 --> 43:15.760] I've completely missed it.
[43:15.760 --> 43:20.760] So if you'll resend me a link if you have and send it if you haven't,
[43:20.760 --> 43:23.760] then I'll take a look at it and see what I can figure out.
[43:23.760 --> 43:26.760] But in the meantime, that's what I would recommend you do.
[43:26.760 --> 43:32.760] Keep doing what you're doing and talking about what your mom has
[43:32.760 --> 43:36.760] and what they're supposed to be doing as far as the type of venue this is in
[43:36.760 --> 43:42.760] and the rights that they're violating and the due process they're violating if they proceed.
[43:42.760 --> 43:43.760] Okay?
[43:43.760 --> 43:46.760] So that being said, we're about to go to another break.
[43:46.760 --> 43:47.760] So y'all hang in there, folks.
[43:47.760 --> 43:52.760] Call in number 512-646-1984.
[43:52.760 --> 44:00.760] Y'all hold on, and we will be right back.
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[46:14.760 --> 46:18.760] Music
[46:18.760 --> 46:22.760] Music
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[46:41.760 --> 47:04.320] Alright folks, we are back. This is Rule of Law Radio. Alright Max, we have you back up
[47:04.320 --> 47:09.640] on the board. Alright Max, go ahead. Did you pick up what I was saying while we were cut
[47:09.640 --> 47:16.400] off there on the phones? Negative, negative. I had to have my system here muted otherwise
[47:16.400 --> 47:22.120] feedback would occur. So I understand the board went down and I kind of lost you right
[47:22.120 --> 47:29.720] after I had brought up filing criminally for shielding my mother from prosecution. Yeah,
[47:29.720 --> 47:35.200] don't even consider that. The issue here is I need you to send me a link to that ordinance.
[47:35.200 --> 47:40.960] I don't recall if you have. If you have, I've missed it. But where does the appeal take
[47:40.960 --> 47:46.200] place? If they find your mother guilty and say she has to pay it, who does she appeal
[47:46.200 --> 47:52.080] it to? Who is the person that's making the decision that she owes it in the first place?
[47:52.080 --> 47:57.360] The paperwork that they sent was from the Department of Public Works and they said that
[47:57.360 --> 48:04.120] the appropriate place to appeal was the Dallas City Municipal Court, which is like you said
[48:04.120 --> 48:09.840] was criminal only. And they're claiming that this is a civil infraction, a civil claim.
[48:09.840 --> 48:17.320] Right. In rim apparently against her automobile. Yeah, but who is making the original assessment
[48:17.320 --> 48:25.200] against her? The city of Dallas through their stop alarm program and. Yeah, but who runs
[48:25.200 --> 48:31.640] that? I'm sorry? Who runs that? Who sits down and makes the determination and sends out
[48:31.640 --> 48:38.680] the paperwork? I assume it's a division of the Dallas Police Department Schools Division.
[48:38.680 --> 48:44.200] Okay, then you need to find out for sure who is sending it out. And then you need to contact
[48:44.200 --> 48:53.520] them directly to see who the appeals process is taken before. Okay, but as far as suing
[48:53.520 --> 48:59.480] them for deprivation of rights, you're saying that no harm is accrued, so I can't do that
[48:59.480 --> 49:05.080] yet, even though. That is correct. You can seek injunctive relief to prevent the harm
[49:05.080 --> 49:13.840] from occurring. That's why I would seek the injunctive relief. Correct. Correct. And I
[49:13.840 --> 49:21.040] would do, I would have to do that in a Texas district court because our, what is it, our
[49:21.040 --> 49:25.040] official oppression statutes, I mean, that's criminal. What's the civil cause of action?
[49:25.040 --> 49:31.400] I've already purchased the O'Connor civil causes of action. Deprivation of rights under
[49:31.400 --> 49:38.080] color of law. Which would be criminal if I'm not mistaken in Texas. No, that's your cause
[49:38.080 --> 49:46.080] of action in a civil suit. But deprivation of rights under color of law, is that not
[49:46.080 --> 49:52.880] 39.02 penal code? No, that's abuse of official capacity and official oppression. Those are
[49:52.880 --> 49:58.760] criminal. Those are not causes of action. Okay. And that's what I, that's what I desperately
[49:58.760 --> 50:04.560] need is what is the civil cause of action? I just told you. The emotional distress. Deprivation
[50:04.560 --> 50:10.880] of rights under color of law. That's the cause of action. Well, that cause of action doesn't
[50:10.880 --> 50:16.720] appear in the O'Connor's books, unfortunately. Oh darn, I spent so much money on them. Yeah,
[50:16.720 --> 50:24.040] it does. It just may not be called that specifically, but it's there. Well, can you think of a code
[50:24.040 --> 50:29.200] name? Well, look in the chapter dealing with governmental government entities. I know there's
[50:29.200 --> 50:34.000] a chapter on that. I've got an older version of the book. The whole bunch of things about
[50:34.000 --> 50:38.560] government immunity and where it applies and such. We're not worried. Okay. We're not worried
[50:38.560 --> 50:43.040] about overcoming the immunity. The immunity only applies when you're going after money.
[50:43.040 --> 50:51.000] It doesn't apply for injunctive relief. So can, can, so injunctive relief is just a just,
[50:51.000 --> 50:55.160] I'm trying to- It's a higher court saying cease and desist.
[50:55.160 --> 51:02.320] Leave him alone. Okay. And then the higher court in a target case, in this case would
[51:02.320 --> 51:10.560] be the Texas district court of Dallas area. That would be one of them. Yeah. The county
[51:10.560 --> 51:17.040] court there is a court of record also, but the district court would definitely have power
[51:17.040 --> 51:24.840] over all of those courts. Okay. And that's what we might want because Dallas may span
[51:24.840 --> 51:33.200] more than one county. Correct. And then there's multiple municipalities within. Okay. So it
[51:33.200 --> 51:41.000] sounds like I need to move. And again, I'm not, I'm still nebulous on the cause of action.
[51:41.000 --> 51:45.640] You say it's deprivation of rights under color of law. But again, I-
[51:45.640 --> 51:52.760] There is a specific cause of action relating to that setup in O'Connor's. I don't know
[51:52.760 --> 51:56.520] exactly what it's titled. It's been a while since I've looked at O'Connor's causes of
[51:56.520 --> 52:01.440] action, but it's in there. Okay. And it would be kind of like, it would
[52:01.440 --> 52:10.040] end in kind of wherefore, you know, plaintiff seeks injunctive relief to have defendants
[52:10.040 --> 52:13.200] desist. I don't know that it will say injunctive relief
[52:13.200 --> 52:18.000] to the cause. You just got to look at it, Max, or send me an email after I've had time
[52:18.000 --> 52:23.680] to go back and look through mine. The problem is mine's from 2008. They could have added
[52:23.680 --> 52:30.640] or taken away causes of action since then. Yeah. I've got the 2015 and 2014. So yeah,
[52:30.640 --> 52:35.200] I just, I try not to email you and bother you because your intro-
[52:35.200 --> 52:39.920] Yeah. Just look in the chapter on suits against the government.
[52:39.920 --> 52:45.360] Okay. Well, hopefully you don't mind if I bother you offline so I can get off and let
[52:45.360 --> 52:51.880] another caller in. If I bother you for maybe some case law stating the, you know, about
[52:51.880 --> 52:57.160] ordinances being contrary and preempted by state law-
[52:57.160 --> 53:02.160] The problem is, is there isn't any. I thought you said there was-
[53:02.160 --> 53:05.760] Well now, okay, wait a minute, wait a minute. I'm sorry. I'm misunderstanding what you're
[53:05.760 --> 53:12.320] saying here. The ordinance is not preempted unless the ordinance does something the state
[53:12.320 --> 53:21.240] law does not allow. The ordinance can't operate contrary to state law. And that's what this
[53:21.240 --> 53:28.800] one's doing. So preempt is the wrong word. Correct. It is contrary.
[53:28.800 --> 53:36.440] Okay. Okay. I think that's mostly what I got for you, man. And I really appreciate your
[53:36.440 --> 53:43.360] time. And once again, I'm hoping to get some of those videos here pretty soon. Hopefully
[53:43.360 --> 53:48.360] I won't compromise your bandwidth too much. I guess we'll wait till after you're done
[53:48.360 --> 53:53.960] transmitting out of there. So we don't affect your upload speed. But anyway, good night
[53:53.960 --> 53:57.880] to you and good night to everybody else. Thanks again for your help, Eddie.
[53:57.880 --> 54:08.160] Oh, one other thing you can use to bolster the case law is Article 11, Section 5. In
[54:08.160 --> 54:14.040] the bottom portion of Section 5 of Article 11, there is a clear statement there that
[54:14.040 --> 54:22.040] no city charter and no ordinance passed under that charter can operate in violation of any
[54:22.040 --> 54:26.440] provision of the Texas Constitution or any state law.
[54:26.440 --> 54:32.960] Yeah. I sent an actual site to that. And that's actually in the city charter as
[54:32.960 --> 54:39.640] well. Yep. And I sent that to the Dallas police chief, the mayor, the city attorney. None
[54:39.640 --> 54:44.240] of them seem to understand it. They're in this non-responsive whole pattern waiting
[54:44.240 --> 54:49.440] for me to, I guess, send them a tort letter or something. So we'll see what happens. But
[54:49.440 --> 54:52.520] I'll keep you appraised for sure, Mr. Eddie. Okay.
[54:52.520 --> 54:58.280] All right. Good night. All right. You have a good one. All right. Now we're going to
[54:58.280 --> 55:02.640] go to Ralph in Texas. Ralph, what can we do for you?
[55:02.640 --> 55:07.200] Hello. I'm coming across. Is that clear? So far.
[55:07.200 --> 55:16.320] All right. Eddie, I went to see my case file last week, Wednesday, and it wasn't in the
[55:16.320 --> 55:25.680] JP court. The JP told me, the JP clerk told me that my case was at the assistant district
[55:25.680 --> 55:29.040] attorney's office. Oh, big problem.
[55:29.040 --> 55:35.320] Well, it gets worse. I went to the district attorney's office. He would not let me see
[55:35.320 --> 55:41.440] it because I was represented by counsel. And I said, well, I don't want to see that file.
[55:41.440 --> 55:48.080] I want to see my file, the public file. And he said, I can't see every word he said because
[55:48.080 --> 55:52.160] it went on and on for a while, but he just said, no, I couldn't see it. And he would
[55:52.160 --> 55:58.640] say he doesn't have that. And he would say, no, I couldn't see it back and forth. And
[55:58.640 --> 56:06.040] the next day, I decided to talk to the prosecutor. So I called her and told her what the assistant
[56:06.040 --> 56:12.400] prosecutor did and asked her if she agreed with it. And she said that was not a problem.
[56:12.400 --> 56:16.560] Said what was not a problem? You getting it or what he said?
[56:16.560 --> 56:23.280] Everything, that it was not at the JP's office, that I couldn't see it. She said it was not
[56:23.280 --> 56:30.280] a problem because I have a court appointed attorney. Now, when I was there the day before
[56:30.280 --> 56:34.280] and going from one place to the next, because they kept sending me, they sent me everywhere
[56:34.280 --> 56:42.480] they could. They sent me to the county court clerk, or I should say the county clerk. And
[56:42.480 --> 56:47.200] they sent me to the district court clerk. I went to the assistant DA. I did not go
[56:47.200 --> 56:54.440] to see the DA, the prosecutor. So anyway, I came home, next day I called. While I was
[56:54.440 --> 56:58.600] there, I'm getting mixed up. While I was there, they kept offering me my attorney's phone
[56:58.600 --> 57:04.200] number. I said, they said, you have an attorney. And I kept saying, prove it, because they'd
[57:04.200 --> 57:09.520] never sent me any paperwork saying I have an attorney. So I said, prove it. And so they
[57:09.520 --> 57:13.400] gave me a piece of paper. And then the secretary would say, I gave him
[57:13.400 --> 57:17.400] a piece of paper, and why is he not taking it? Well, I took it, but I've already called
[57:17.400 --> 57:20.200] him. He didn't call me back. So on to the next thing.
[57:20.200 --> 57:25.400] Okay, Ralph, hold on. Hold on. Let's get something in the works here. It's what we're actually
[57:25.400 --> 57:31.000] dealing with. Right now, they've got two major problems with what they're doing. One, this
[57:31.000 --> 57:36.480] is a public record. Therefore, it doesn't matter if you have 50 freaking attorneys.
[57:36.480 --> 57:43.640] A public record is a public record. Second problem, they have that record to the exclusion
[57:43.640 --> 57:50.720] of the clerk of the court. That's illegal. That's a felony. They cannot remove that record
[57:50.720 --> 57:55.520] from the possession of the clerk of the court. The only place they can have it apart from
[57:55.520 --> 58:00.980] the clerk is in the actual courtroom during trial, or in one of the meeting rooms inside
[58:00.980 --> 58:06.400] the courthouse. If they take it outside of that clerk's control, they're committing a
[58:06.400 --> 58:13.960] felony. Okay? Okay. Now, hold on. We're about to take a break. So I just need to get that
[58:13.960 --> 58:17.480] out there before we went to that break. So hold on, and I'll pick you up on the other
[58:17.480 --> 58:25.160] side. Okay? Okay, thank you. All right, folks, call in number 512-646-1984. Give us a call.
[58:25.160 --> 58:50.360] There's a holler. We'll be right back after this break.
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[01:03:21.480 --> 01:03:28.480] All right, folks, we are back. This is Rule of Law Radio. Okay, we are talking to Ralph
[01:03:28.920 --> 01:03:35.920] in Texas. All right, Ralph, please continue. Okay. After going to the court and not getting
[01:03:36.680 --> 01:03:42.800] my papers, the next morning I called the prosecutor. She did not have a problem with it. So remember
[01:03:42.800 --> 01:03:49.080] what you had told me, I called the Office of the Attorney General. I told them the problem
[01:03:49.080 --> 01:03:55.080] I was having to see what I could do about it with them. They told me it was a public
[01:03:55.080 --> 01:03:59.840] records or open records violation. And I needed to call the Open Records Division.
[01:03:59.840 --> 01:04:00.840] Yep.
[01:04:00.840 --> 01:04:05.880] Well, okay. Well, I was surprised at because the Open Records Division, they give you 10
[01:04:05.880 --> 01:04:06.880] days to respond.
[01:04:06.880 --> 01:04:13.880] No, no, you misunderstand here. If the record you're after requires that they produce it
[01:04:13.880 --> 01:04:20.880] over 10 days, they have 10 days to do so. If, however, the record is public, it must
[01:04:25.720 --> 01:04:31.720] be produced immediately if you are there in person to see it.
[01:04:31.720 --> 01:04:32.720] Okay.
[01:04:32.720 --> 01:04:37.720] Well, I can understand that, Ben. It's probably in the handbook, but I haven't read that part
[01:04:37.720 --> 01:04:42.440] of the handbook because I hadn't been interested in that up until now. But because the lady
[01:04:42.440 --> 01:04:46.760] said so, I went ahead and called the Open Records Act just to see. All right. So I'm
[01:04:46.760 --> 01:04:52.640] talking to an attorney at the Open Records Division, and he said, I need to complain
[01:04:52.640 --> 01:04:58.640] in writing to the prosecutor. The one, the lady that said that there was no problem.
[01:04:58.640 --> 01:05:03.360] I wasn't going to get to see the record. And I'm going, that doesn't sound right.
[01:05:03.360 --> 01:05:09.160] No, actually it does. What they're trying to do is exactly the same thing I was talking
[01:05:09.160 --> 01:05:15.120] about with Max about doing all of your administrative remedy. You demand to see the record, they
[01:05:15.120 --> 01:05:19.880] refuse. You send them a demand in writing to see and produce that record, and they refuse.
[01:05:19.880 --> 01:05:25.680] Now you've got documented evidence that they are failing to provide public records.
[01:05:25.680 --> 01:05:32.680] Okay. I heard what you was telling about that. So, okay. So whether they allow me access
[01:05:32.680 --> 01:05:39.680] to the records, put them back in the JP office, or they deny me in writing, either which way
[01:05:44.160 --> 01:05:48.280] I've already been denied access. I traveled-
[01:05:48.280 --> 01:05:51.440] I understand all of that. Okay.
[01:05:51.440 --> 01:05:58.440] The problem is nobody is following the rules here. Nobody. Not the AG, not the people you're
[01:05:58.440 --> 01:06:04.840] talking to. A violation is a violation whether it was done in writing or not because it's
[01:06:04.840 --> 01:06:08.840] a public record. You don't need to put it in writing for it to be a violation with a
[01:06:08.840 --> 01:06:15.840] public record. So obviously something you said to the people at the AG's office in that
[01:06:16.000 --> 01:06:21.760] division, they're believing that what you're wanting is something subject to the 10-day
[01:06:21.760 --> 01:06:28.760] rule under the Open Records Act, or the Public Information Act. That's not true.
[01:06:29.080 --> 01:06:34.560] The attorney there told me that I needed to complain to the district attorney. And, okay,
[01:06:34.560 --> 01:06:38.080] yeah, that still confuses me because I told-
[01:06:38.080 --> 01:06:42.720] That's documenting the fact that they're doing it. Okay? That's all that is.
[01:06:42.720 --> 01:06:44.240] Okay.
[01:06:44.240 --> 01:06:49.640] Send something to them in writing, but at the same time, send it to the Public Information
[01:06:49.640 --> 01:06:53.000] Act division at the AG's office.
[01:06:53.000 --> 01:06:58.000] Ah, okay. Okay.
[01:06:58.000 --> 01:07:09.000] And in the copy, go ahead and state that you are filing a formal complaint under 552.353
[01:07:09.640 --> 01:07:16.640] of the OPPA, or the Public Information Act, criminal violation against the district attorney.
[01:07:16.640 --> 01:07:23.640] Ah, uh-huh. So I'm doing two things at one time.
[01:07:24.640 --> 01:07:30.640] Yeah, you're demanding what you're supposed to have, and you're filing the complaint all
[01:07:30.640 --> 01:07:31.640] at once.
[01:07:31.640 --> 01:07:37.240] Hey, Eddie, I can't find my battery charger, and my phone is beeping at me. So I don't
[01:07:37.240 --> 01:07:39.640] know if you lose me, it's because of my battery.
[01:07:39.640 --> 01:07:40.040] Okay.
[01:07:40.040 --> 01:07:42.640] I do have one other thing I wanted to mention though.
[01:07:42.640 --> 01:07:43.840] Shoot.
[01:07:43.840 --> 01:07:48.640] I did not call the court-appointed attorney, because I'd already done that months ago,
[01:07:48.640 --> 01:07:53.340] and he never got back with me. But after calling the district attorney, and getting into an
[01:07:53.340 --> 01:08:00.340] argument with her, and calling the old AG's office shortly thereafter, still in the morning,
[01:08:01.240 --> 01:08:06.840] the attorney calls me. He talks for an hour, I talk for about two or three minutes. He
[01:08:06.840 --> 01:08:10.640] decides he's going to send me my complete file.
[01:08:10.640 --> 01:08:23.640] What he sent me is 24 pages of, really not much. He does not have my Brady motion.
[01:08:23.640 --> 01:08:27.640] That's because he's already gotten rid of all that. The moment they gave you court-appointed
[01:08:27.640 --> 01:08:30.640] counsel, he withdrew all of your motions.
[01:08:30.640 --> 01:08:37.640] Well, he says he didn't do anything. He says he's done nothing in my case.
[01:08:37.640 --> 01:08:43.940] Well, somebody's done something if they're not in there, huh? If he's done nothing, would
[01:08:43.940 --> 01:08:47.640] that include actually checking the court file to see what's been put in?
[01:08:47.640 --> 01:08:50.640] Well, that's what I'm trying to do.
[01:08:50.640 --> 01:08:57.640] No. You need to find out what he means by doing nothing, is my point.
[01:08:57.640 --> 01:09:04.640] He says he has filed nothing into my case. He says he's filed nothing into my case. What
[01:09:04.640 --> 01:09:14.040] he sent me was really some statements by other officers on the scene. They're witness statements.
[01:09:14.040 --> 01:09:19.040] None of them are notarized. He sent me the instanter. You know what that is, right?
[01:09:19.040 --> 01:09:20.040] Yeah.
[01:09:20.040 --> 01:09:27.040] It's like a traffic safety. Anyway, the thing about it is what he has, what he gave me is
[01:09:27.040 --> 01:09:37.040] for the Class C misdemeanor and for the felony, but he's not representing me in the felony.
[01:09:37.040 --> 01:09:38.040] Okay.
[01:09:38.040 --> 01:09:40.040] So, I don't understand.
[01:09:40.040 --> 01:09:44.040] And why do you have court-appointed counsel? Because they won't give you court-appointed
[01:09:44.040 --> 01:09:47.040] counsel for a Class C, nine times out of ten.
[01:09:47.040 --> 01:09:50.040] Well, article 1.051.
[01:09:50.040 --> 01:09:57.040] No, I know what they say. I'm telling you what they refuse to do. They refuse to give
[01:09:57.040 --> 01:10:06.040] you an attorney 99.9% of the time for a Class C. So, why did they give you one if he's not
[01:10:06.040 --> 01:10:10.040] representing you for the felony for a Class C?
[01:10:10.040 --> 01:10:16.040] Well, he talked about that. He said, you know, you don't normally get one for this. And I
[01:10:16.040 --> 01:10:25.040] mentioned 1.0551. And he said, well, yeah, that's true. But we're not getting anywhere.
[01:10:25.040 --> 01:10:30.040] He sent me my case file that he has, but it's not much of anything. And it includes the
[01:10:30.040 --> 01:10:38.040] felony stuff. So, if it's been included, if they combine the two, then it should be in
[01:10:38.040 --> 01:10:41.040] the district court, the district clerk's office.
[01:10:41.040 --> 01:10:46.040] No, not true. They can't combine the two because the district court is not a court of
[01:10:46.040 --> 01:10:51.040] original jurisdiction for Class Cs.
[01:10:51.040 --> 01:10:52.040] County?
[01:10:52.040 --> 01:10:58.040] No. Justice and municipal are the courts of original jurisdiction for Class Cs.
[01:10:58.040 --> 01:11:08.040] Okay. Hmm. While I'm thinking about it, I see something here I want to ask you about.
[01:11:08.040 --> 01:11:16.040] This is 1.051, Part C. It's in the middle. It says you can't get an attorney unless you
[01:11:16.040 --> 01:11:22.040] ask for one. And the adversarial judicial proceedings have been initiated against the
[01:11:22.040 --> 01:11:25.040] defendant. What does that mean?
[01:11:25.040 --> 01:11:29.040] It means that the moment they are acting in any proceeding for the purpose of prosecution,
[01:11:29.040 --> 01:11:34.040] you are in an adversarial proceeding, which the 15.17 proceeding where they're supposed
[01:11:34.040 --> 01:11:43.040] to identify you and read you your rights and do all those things that are in 15.17, the
[01:11:43.040 --> 01:11:50.040] United States Supreme Court jumped all over Texas in 2008 in Rothgarry v. Gillespie County
[01:11:50.040 --> 01:11:55.040] and told them that they were acting illegally in violation of due process when they did
[01:11:55.040 --> 01:12:04.040] not supply attorneys at those proceedings because they were adversarial.
[01:12:04.040 --> 01:12:08.040] Well, I thought I would have to go through that myself and ask for an attorney at one
[01:12:08.040 --> 01:12:14.040] of those, which is, you know, that would be first and then an attorney would get there.
[01:12:14.040 --> 01:12:19.040] 15.17, the judge is supposed to ask you if you want assistance of counsel. But the problem
[01:12:19.040 --> 01:12:25.040] there is, is they're supposed to have already done that before you got there. Because according
[01:12:25.040 --> 01:12:30.040] to Rothgarry v. Gillespie County, they can't conduct that 15.17 proceeding without the
[01:12:30.040 --> 01:12:36.040] benefit of counsel. So what they should have at a minimum is a standby attorney that at
[01:12:36.040 --> 01:12:44.040] least for the purpose of that proceeding represents the people that are coming before the court.
[01:12:44.040 --> 01:12:49.040] That would be what they would call the real public defender, like what they had on Night
[01:12:49.040 --> 01:12:54.040] Court, the TV show. Yeah, he stayed there in court all the time
[01:12:54.040 --> 01:13:00.040] waiting for it to be needed. Correct. Fielding was always there to prosecute
[01:13:00.040 --> 01:13:07.040] and the girl was always there to defend. Now, the attorney on the phone told me that
[01:13:07.040 --> 01:13:13.040] they have abandoned the felony evading. There's just nothing there. And I said, well, I would
[01:13:13.040 --> 01:13:18.040] get it in writing. And he said, well, I don't know if you're going to get that.
[01:13:18.040 --> 01:13:23.040] Well, they have to have a dismissal order if they ever filed it. If they didn't file
[01:13:23.040 --> 01:13:28.040] it, that would be something else. Is there a complaint in that pile of documents for
[01:13:28.040 --> 01:13:34.040] a felony? Yes. Well, yeah. The original complaint that
[01:13:34.040 --> 01:13:40.040] I was read through when I was in jail. Are you sure that was a complaint?
[01:13:40.040 --> 01:13:43.040] Yes, it says complaint on it. Okay.
[01:13:43.040 --> 01:13:49.040] It's signed by the... Okay, then there has to be an order dismissing
[01:13:49.040 --> 01:13:54.040] that complaint. Right. Okay.
[01:13:54.040 --> 01:14:01.040] And you are entitled to that because it is a part of the adjudicatory record.
[01:14:01.040 --> 01:14:08.040] Yes, but adversarial judicial proceedings have not been initiated because of that
[01:14:08.040 --> 01:14:12.040] complaint. Correct? We already discussed that.
[01:14:12.040 --> 01:14:18.040] The moment the complaint was filed, adversarial proceedings began.
[01:14:18.040 --> 01:14:21.040] But if they only filed it in the JP court and not in the...
[01:14:21.040 --> 01:14:27.040] They can't file that in the JP court. That's what I'm saying. The complaint says
[01:14:27.040 --> 01:14:31.040] failure to identify and evading arrest. So it's a double complaint.
[01:14:31.040 --> 01:14:38.040] Whoa, whoa, whoa. No, that can't happen. That is not a complaint. They cannot put
[01:14:38.040 --> 01:14:45.040] both of those on the same instrument. I think they did. I'm looking at one right
[01:14:45.040 --> 01:14:50.040] now, but I have several copies of it. You need to scan and send me a copy of that
[01:14:50.040 --> 01:14:58.040] because there is no way that's valid. In the name and by the authority of the
[01:14:58.040 --> 01:15:02.040] state of Texas, this offense was committed against the peace and dignity of
[01:15:02.040 --> 01:15:10.040] the state of Texas. That's the complaint. Again, is there a separate one of those,
[01:15:10.040 --> 01:15:18.040] one that says count one and count two? Or does the language specifically say
[01:15:18.040 --> 01:15:25.040] failure to identify and? Okay, here's what it says. It says...
[01:15:25.040 --> 01:15:31.040] Whoa, whoa, whoa, wait. Ralph, nothing you read is going to show me what I need
[01:15:31.040 --> 01:15:38.040] to see. Scan it and email it. Okay, it does not say and. Okay, scan it and email
[01:15:38.040 --> 01:15:44.040] it. I need to see what formats it's in to see whether or not it's valid. Okay.
[01:15:44.040 --> 01:15:51.040] Generally, if they put them under one... It'll be separate counts on a single
[01:15:51.040 --> 01:15:58.040] complaint, but each one will have a separate cause number. That they can do.
[01:15:58.040 --> 01:16:04.040] What they cannot do is put them together as a single charge and mix the elements.
[01:16:04.040 --> 01:16:09.040] They cannot do that. So make a copy of it and send it to me, please.
[01:16:09.040 --> 01:16:13.040] It has one cause number on it. Okay, I'm going to go back over a recording of
[01:16:13.040 --> 01:16:19.040] what you've told me about what I can do with the AG's office. And I sent you a
[01:16:19.040 --> 01:16:24.040] little bit of donation last week, and then I checked it a couple days later and
[01:16:24.040 --> 01:16:28.040] it hadn't been... Yeah, do not send me stuff through PayPal like that, please.
[01:16:28.040 --> 01:16:34.040] I asked for a refund on that. I tried to claim that. No go on that. Please go to
[01:16:34.040 --> 01:16:40.040] the rule of law website and donate directly to me through that PayPal. I'll
[01:16:40.040 --> 01:16:45.040] take care of it tomorrow. Okay, thanks. Thank you, Eddie. You're welcome.
[01:16:45.040 --> 01:16:51.040] All right, folks, we're about to take another break. Call in number 512-646-1984.
[01:16:51.040 --> 01:16:54.040] Give us a call. We will be right back.
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[01:19:29.040 --> 01:19:34.040] All right, folks, we are back.
[01:19:34.040 --> 01:19:39.040] This is Rule of Law Radio. All right, now we're going to go to Pat in Texas.
[01:19:39.040 --> 01:19:44.040] Pat, what can we do for you?
[01:19:44.040 --> 01:19:49.040] Hello, here's Jevity. I just got a couple of questions.
[01:19:49.040 --> 01:19:54.040] All right. You remember that issue we were discussing last week?
[01:19:54.040 --> 01:19:59.040] When the deputy
[01:19:59.040 --> 01:20:04.040] during the booking or trying to book me kept saying that she wasn't going to let
[01:20:04.040 --> 01:20:09.040] me have an attorney, was that a due process violation or strictly rights violation?
[01:20:09.040 --> 01:20:14.040] It's both. The due process right is
[01:20:14.040 --> 01:20:19.040] violated and your right to counsel is violated.
[01:20:19.040 --> 01:20:24.040] That's what I thought. I just could not
[01:20:24.040 --> 01:20:29.040] it's been a little stressful, to say the least. And then one other
[01:20:29.040 --> 01:20:34.040] point, and that is where do I look for those points that they have to
[01:20:34.040 --> 01:20:39.040] prove for the prima facie speed limit?
[01:20:39.040 --> 01:20:44.040] 545.351 and 352, transportation code.
[01:20:44.040 --> 01:20:49.040] 541.
[01:20:49.040 --> 01:20:54.040] Now, our last class this past Sunday was all about that. We went through that in great detail,
[01:20:54.040 --> 01:20:59.040] especially if they try to say at the prosecution that they only have to
[01:20:59.040 --> 01:21:04.040] prove subsection A. That's not true, folks. Under 545.351
[01:21:04.040 --> 01:21:09.040] subsection A, where it just simply says a person shall not operate
[01:21:09.040 --> 01:21:14.040] a vehicle at a speed greater than is reasonable and prudent under the circumstances then existing.
[01:21:14.040 --> 01:21:19.040] That's all that's in A. A cannot stand by itself
[01:21:19.040 --> 01:21:24.040] because it's vague, ambiguous, overbroad and highly
[01:21:24.040 --> 01:21:29.040] subjective. It is entirely based upon whoever wishes to interpret it,
[01:21:29.040 --> 01:21:34.040] their interpretation of what's reasonable and prudent and the circumstances
[01:21:34.040 --> 01:21:39.040] in existing. Anyone could be guilty of anything under that
[01:21:39.040 --> 01:21:44.040] writing. So if a prosecutor says that, you have to object to that and state,
[01:21:44.040 --> 01:21:49.040] if that's true, A alone must be declared unconstitutional without the
[01:21:49.040 --> 01:21:54.040] provisions of B, because B is detailed specifics of exactly
[01:21:54.040 --> 01:21:59.040] what's listed in A. So don't let them get away with saying that they only have
[01:21:59.040 --> 01:22:04.040] to prove A. That is false. Sounds like a deal.
[01:22:04.040 --> 01:22:09.040] Okay. I appreciate it very much, Eddie. Yes, sir. Thanks for calling in.
[01:22:09.040 --> 01:22:14.040] You too. No problem. Bye-bye. All right. Now we're going to go to Jimmy
[01:22:14.040 --> 01:22:19.040] in Maryland. Jimmy, what can we do for you? Hello.
[01:22:19.040 --> 01:22:24.040] Hello, Jimmy. Hey, Eddie. Hey. Hey, how's it going?
[01:22:24.040 --> 01:22:29.040] Going great. Once I get your attention. Yeah.
[01:22:29.040 --> 01:22:34.040] I got an update for you. All right. I told you I was, you know, I was tried
[01:22:34.040 --> 01:22:39.040] and convicted back in July of 2013
[01:22:39.040 --> 01:22:44.040] of driving off a suspended license, and I think it was a
[01:22:44.040 --> 01:22:49.040] suspended license and registration. Right. Went all the way to the
[01:22:49.040 --> 01:22:54.040] Supreme Court. They denied it. I did my motion for
[01:22:54.040 --> 01:22:58.040] rehearing. Motion for reconsideration? Yes.
[01:22:58.040 --> 01:23:03.040] Okay. It was just recently denied on March 23rd, and I put the arguments
[01:23:03.040 --> 01:23:08.040] in that, you know, I used the
[01:23:08.040 --> 01:23:13.040] Ohio v. Williams where it says one can't suspend something that does
[01:23:13.040 --> 01:23:18.040] not exist, because they just didn't
[01:23:18.040 --> 01:23:23.040] adhere to it. So it was denied. And I told you a few...
[01:23:23.040 --> 01:23:28.040] Well, the denial is not saying that you're wrong. It's just them refusing to review the case.
[01:23:28.040 --> 01:23:33.040] Oh, that's what it means. Okay.
[01:23:33.040 --> 01:23:38.040] Okay. But I told you, I sent you an email about three weeks ago, and I thought you,
[01:23:38.040 --> 01:23:43.040] last week we talked about when the prosecutor got up in open court, because I bargaged him, so I believe the
[01:23:43.040 --> 01:23:48.040] section board gathered him about that, and he basically changed his tune, and I'm in
[01:23:48.040 --> 01:23:53.040] the sentencing process now where he said that he learned that, you know, one cannot
[01:23:53.040 --> 01:23:58.040] suspend something that does not exist, so the appropriate charge should have been driving out a license.
[01:23:58.040 --> 01:24:03.040] Okay. And now... But they're still trying to do the enhancement of penalties, but
[01:24:03.040 --> 01:24:08.040] I have an impression that they're not going to do enhancement of penalties on the suspended license, the one that
[01:24:08.040 --> 01:24:13.040] the appeal was denied, but they still want to get on the driving out license.
[01:24:13.040 --> 01:24:18.040] Did the prosecutor admit this on the record in open
[01:24:18.040 --> 01:24:23.040] court? Yes. Okay. Then you need to get a copy of that transcript and file for
[01:24:23.040 --> 01:24:28.040] a motion for new trial. Okay.
[01:24:28.040 --> 01:24:33.040] So we're the sentencing part now. I'm supposed to go back for sentencing... That's okay. You can file
[01:24:33.040 --> 01:24:38.040] to the higher court. Let's see. To a higher court.
[01:24:38.040 --> 01:24:43.040] There's another one that you could file also.
[01:24:43.040 --> 01:24:48.040] You could file for judgment not withstanding the verdict.
[01:24:48.040 --> 01:24:53.040] You could file... That's the direction I was going
[01:24:53.040 --> 01:24:58.040] and I remember I did your fine, the fast inclusion law, and they
[01:24:58.040 --> 01:25:03.040] stopped what they were doing and they can change it to another month.
[01:25:03.040 --> 01:25:08.040] And I do have the fast inclusion law motion ready. I mean the
[01:25:08.040 --> 01:25:13.040] verdict, I got that one ready to go. I was going to probably file that a day before
[01:25:13.040 --> 01:25:18.040] the sentencing hearing. All right. Okay.
[01:25:18.040 --> 01:25:23.040] Yeah, you may want to file that as quick as you can, though,
[01:25:23.040 --> 01:25:28.040] just to let them know that's what you're going to be doing. But you should have...
[01:25:28.040 --> 01:25:33.040] This is new evidence in the case that should get you
[01:25:33.040 --> 01:25:38.040] a new trial. Since you're at the
[01:25:38.040 --> 01:25:43.040] sentencing phase, I'm not really sure in Maryland what the
[01:25:43.040 --> 01:25:48.040] step would be to at that particular point. After sentencing,
[01:25:48.040 --> 01:25:53.040] you would get the motion for new trial. But before sentencing, I don't know what
[01:25:53.040 --> 01:25:58.040] it is you would file or if you can file anything that would prevent it.
[01:25:58.040 --> 01:26:03.040] That's the question.
[01:26:03.040 --> 01:26:08.040] I went to the public defender's office by the judge basically requesting
[01:26:08.040 --> 01:26:13.040] and ordering me to and I talked to another attorney that's not out of the public defender's office and
[01:26:13.040 --> 01:26:18.040] I told you what he already told me about that the judge is trying to cover himself by
[01:26:18.040 --> 01:26:23.040] having him there and he doesn't totally know what's going on, but he just gives me his observation from his
[01:26:23.040 --> 01:26:28.040] experience being a lawyer. That doesn't look good for me either way.
[01:26:28.040 --> 01:26:33.040] That's what he was saying. Yeah. Okay. Well, you need that
[01:26:33.040 --> 01:26:38.040] transcript. Get the transcript of the hearing where the prosecutor admitted that they charged you with
[01:26:38.040 --> 01:26:43.040] and possibly charged you with.
[01:26:43.040 --> 01:26:48.040] Yes, you need that specific transcript
[01:26:48.040 --> 01:26:53.040] and show that that is your exculpatory evidence
[01:26:53.040 --> 01:26:58.040] admitted on the record by the prosecutor that the facts of his case
[01:26:58.040 --> 01:27:03.040] were misrepresented and perpetrated fraud upon the court to your detriment.
[01:27:03.040 --> 01:27:08.040] Okay.
[01:27:08.040 --> 01:27:13.040] Again, I have no way of knowing if you can stop the
[01:27:13.040 --> 01:27:18.040] sentencing hearing with it or not. I don't know the Maryland laws on that.
[01:27:18.040 --> 01:27:23.040] It doesn't hurt to try. File it, demand a new trial with it, file it in a
[01:27:23.040 --> 01:27:28.040] higher court demanding a new trial with it. Don't settle, just hit somebody
[01:27:28.040 --> 01:27:33.040] to try to get this moved.
[01:27:33.040 --> 01:27:38.040] I'm still trying to understand. You're not really sure if it's good to go with the JNOV
[01:27:38.040 --> 01:27:43.040] or the action? I don't know which one can be used to the best in this instance
[01:27:43.040 --> 01:27:48.040] because you're in that limbo point where I have no idea if you can stop
[01:27:48.040 --> 01:27:53.040] it or you have to go past a certain point before anything else will help you. I don't know.
[01:27:53.040 --> 01:27:58.040] Okay.
[01:27:58.040 --> 01:28:03.040] Okay.
[01:28:03.040 --> 01:28:08.040] I mean, I don't see any reason why you cannot, with that transcript, file that as a motion
[01:28:08.040 --> 01:28:13.040] for new trial with exculpatory evidence proving that the conviction should be overturned
[01:28:13.040 --> 01:28:18.040] and that a new trial should be granted or that the case that they're
[01:28:18.040 --> 01:28:23.040] going to sentence you on should be dismissed.
[01:28:23.040 --> 01:28:28.040] Yeah, they're still trying to get me for driving out a license.
[01:28:28.040 --> 01:28:33.040] Well, that's a separate prosecution. The problem is, however, they're too late.
[01:28:33.040 --> 01:28:38.040] They can't go back and prosecute you for that offense if they've already prosecuted you for
[01:28:38.040 --> 01:28:43.040] something stemming from the same act. That's double jeopardy.
[01:28:43.040 --> 01:28:48.040] Okay, I hear you.
[01:28:48.040 --> 01:28:53.040] Okay, let's see what I can do.
[01:28:53.040 --> 01:28:58.040] All right, appreciate it. One thing I want to ask you is, what can you do to stop a judge
[01:28:58.040 --> 01:29:03.040] from acting like a lawyer from pulling out law books and things? I mean, I've heard that
[01:29:03.040 --> 01:29:08.040] they're not supposed to do that. No, they can't give you advice from what they're doing, but they can certainly
[01:29:08.040 --> 01:29:13.040] identify for themselves before they decide something.
[01:29:13.040 --> 01:29:18.040] They need to know whether or not the people pulling their leg standing in front of them.
[01:29:18.040 --> 01:29:23.040] I mean, I guarantee you, if I was a judge sitting up there and I had a lawyer trying to tell me
[01:29:23.040 --> 01:29:28.040] what the law was or the statute said, first thing I'd do is hit him between the eyes with the whole
[01:29:28.040 --> 01:29:33.040] book because I'd already know he doesn't know what the hell he's talking about.
[01:29:33.040 --> 01:29:38.040] Okay, I hear you.
[01:29:38.040 --> 01:29:43.040] But yeah, he can do that. All right, anything else?
[01:29:43.040 --> 01:29:48.040] No, that's it for now. Thanks a lot.
[01:29:48.040 --> 01:29:53.040] All right, Jimmy, thanks for calling in, man. All right, folks, this is Rule of Law Radio. We're about to take a break.
[01:29:53.040 --> 01:29:58.040] Lisette, you hang on. We'll get you on the other side. We'll be right back, folks.
[01:29:58.040 --> 01:30:03.040] TV screens
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[01:31:13.040 --> 01:31:18.040] recognition systems could be used in the future to see exactly who's watching what.
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[01:33:03.040 --> 01:33:08.040] You're listening to the Logos Radio Network
[01:33:08.040 --> 01:33:13.040] at LogosRadioNetwork.com.
[01:33:13.040 --> 01:33:23.040] Yeah, who you want to chip? Who you take me for? Freetole? Who you want to chip? Me no Freetole. You can't chip me. All the time.
[01:33:23.040 --> 01:33:28.040] Don't let them chip you in the morning. Chip you in the evening. Put a chip in your body.
[01:33:28.040 --> 01:33:33.040] And then when you go computer reading, you can't hide me from nobody. When you say, chip in your
[01:33:33.040 --> 01:33:38.040] mom, chip in your daddy. Chip in your grandpa and the granny. Chip in on me. Chip in on
[01:33:38.040 --> 01:33:44.040] your BAB. Chip in on your family, whole family. Chip in on your dog and the cat around me. Chip in on
[01:33:44.040 --> 01:33:49.040] the bee. All right, folks, we are back. This is Rule of Law Radio with your host, Eddie Craig.
[01:33:49.040 --> 01:33:54.040] Calling number 512-646-1984. We have Lisette
[01:33:54.040 --> 01:33:59.040] in California. Good evening, Lisette. How are you doing?
[01:33:59.040 --> 01:34:03.040] I'm great. Giving you a call. I don't know if you remember me.
[01:34:03.040 --> 01:34:08.040] I do remember you. Okay. So I took your advice
[01:34:08.040 --> 01:34:13.040] and I did file the motion to dismiss.
[01:34:13.040 --> 01:34:18.040] The court clerk wouldn't take it, so I sent a certified mail.
[01:34:18.040 --> 01:34:23.040] And my question, I guess, this evening is
[01:34:23.040 --> 01:34:28.040] what should I be doing next? For how long do I wait for a response? And since they have a court date
[01:34:28.040 --> 01:34:33.040] on the paper they sent me as well as the ticket of May 7th,
[01:34:33.040 --> 01:34:38.040] should I file online for the one-time extension they offer?
[01:34:38.040 --> 01:34:43.040] Okay, wait a minute. You still haven't
[01:34:43.040 --> 01:34:48.040] quite got the concept here. Stop playing
[01:34:48.040 --> 01:34:53.040] their game. Okay.
[01:34:53.040 --> 01:34:58.040] Did you contact Kevin? I didn't receive
[01:34:58.040 --> 01:35:03.040] any information from him. I did email you. I checked my email. It shows that it was sent to you, but, you know,
[01:35:03.040 --> 01:35:08.040] you get a lot of emails. I actually did reply back to it. I remember distinctly
[01:35:08.040 --> 01:35:13.040] replying back to that email. Really? Because I checked it out yesterday and there was
[01:35:13.040 --> 01:35:18.040] nothing there. I did. Let me see here and double-check
[01:35:18.040 --> 01:35:23.040] on my sent out
[01:35:23.040 --> 01:35:28.040] provided Google was actually working. Yep, I responded back to you on
[01:35:28.040 --> 01:35:33.040] April 4th, two days ago. Alright, then I need to go back and double-check that.
[01:35:33.040 --> 01:35:38.040] Okay, well, that's fine. Now this is the
[01:35:38.040 --> 01:35:43.040] 1992 at Yahoo! That's where I sent it to. Yeah,
[01:35:43.040 --> 01:35:48.040] RLL1992. Yes, exactly. Well, now I was trying to avoid giving out your entire
[01:35:48.040 --> 01:35:53.040] email address on the air there, Lissette. Way to go. That's fine. It's just all
[01:35:53.040 --> 01:35:58.040] good. Okay, so, well, here's the thing. I have to go back and read that, obviously.
[01:35:58.040 --> 01:36:03.040] Check your spam folder just in case because it comes in from
[01:36:03.040 --> 01:36:08.040] Larry, Moe, and Curly. Oh, got it, got it. Okay, well, that's fine.
[01:36:08.040 --> 01:36:13.040] So, well, let me ask you this. My concern is, I don't want to play their game, but my concern
[01:36:13.040 --> 01:36:18.040] is about my driver's license being
[01:36:18.040 --> 01:36:23.040] suspended in any... I understand what your issue with all this is,
[01:36:23.040 --> 01:36:28.040] Lissette. I understand that. I'm not lost in that in any way, shape, or form.
[01:36:28.040 --> 01:36:33.040] Okay. What I'm trying to get you to understand is what they did
[01:36:33.040 --> 01:36:38.040] was illegal. That's all that matters. It was illegal. That's what I put in the motion
[01:36:38.040 --> 01:36:43.040] to dismiss, but my thing is, don't I need to...
[01:36:43.040 --> 01:36:48.040] or doesn't a judge or someone have to respond? You're not going to see a judge in the first place.
[01:36:48.040 --> 01:36:53.040] There are no judges. There are a bunch of idiotic commissioners that push papers all
[01:36:53.040 --> 01:36:58.040] day. They're not judges. That's the whole point.
[01:36:58.040 --> 01:37:03.040] This has nothing to do with a judge.
[01:37:03.040 --> 01:37:08.040] Okay. Well, doesn't the court clerk or someone need to respond? There is no court clerk
[01:37:08.040 --> 01:37:13.040] either. There's nothing judicial about this. It is 100% administrative.
[01:37:13.040 --> 01:37:18.040] That's exactly what makes it illegal as well.
[01:37:18.040 --> 01:37:23.040] Even though it says superior court, that's where I went, superior court,
[01:37:23.040 --> 01:37:28.040] Los Angeles, Thompson Courthouse.
[01:37:28.040 --> 01:37:33.040] What is a superior court in Los Angeles? That may be the place
[01:37:33.040 --> 01:37:38.040] where they're doing this, but that doesn't mean it's a judge doing it.
[01:37:38.040 --> 01:37:43.040] I understand that. No, you're right. It says
[01:37:43.040 --> 01:37:48.040] do the trial by declaration. I guess it's a commissioner or a judge, but
[01:37:48.040 --> 01:37:53.040] how long should I be waiting for a response?
[01:37:53.040 --> 01:37:58.040] You may never get a response. Everything may just disappear,
[01:37:58.040 --> 01:38:03.040] which is fine by you, because they can't
[01:38:03.040 --> 01:38:08.040] put it on your record. It's civil. You got it? And if they
[01:38:08.040 --> 01:38:13.040] harm you because of it, now you can sue the crap out of them because they're not
[01:38:13.040 --> 01:38:18.040] covered by any immunity. They're not judicial.
[01:38:18.040 --> 01:38:23.040] Right, but the notice says failure to take action may result in
[01:38:23.040 --> 01:38:28.040] additional charges. There's the operative word, may, not will,
[01:38:28.040 --> 01:38:33.040] may. It may result in a charge if we can convince you to pay it.
[01:38:33.040 --> 01:38:38.040] Right, but I'm taking action by doing the motion
[01:38:38.040 --> 01:38:43.040] to dismiss. That's my action, but I guess
[01:38:43.040 --> 01:38:48.040] my thing is, okay, so you're saying they're not going to respond or they are going to respond, and my
[01:38:48.040 --> 01:38:53.040] thing is, well, should I be requesting that 60-day extension so there's time
[01:38:53.040 --> 01:38:58.040] for... You have already done what was required of you, did you not?
[01:38:58.040 --> 01:39:03.040] Did you file a motion to dismiss? Yes.
[01:39:03.040 --> 01:39:08.040] But it says to contest this citation.
[01:39:08.040 --> 01:39:13.040] That's what you're doing by demanding the dismissal.
[01:39:13.040 --> 01:39:18.040] Right, so since I already did that a month prior to the appearance in the court date,
[01:39:18.040 --> 01:39:23.040] what happens if I don't hear from them and then they send me
[01:39:23.040 --> 01:39:28.040] some notice saying, oh, you didn't go to court? I'm just saying if they
[01:39:28.040 --> 01:39:33.040] ignore my paperwork that I sent them, then what do I do?
[01:39:33.040 --> 01:39:38.040] Well, what would they have to do to show you they ignored it, Lisette?
[01:39:38.040 --> 01:39:43.040] Well, if they send me something saying now instead of paying a $310... Have they?
[01:39:43.040 --> 01:39:48.040] No, no, no, they have not because it's in the future. Okay, let me ask you a question.
[01:39:48.040 --> 01:39:53.040] If somebody sent you a bill that said you owe us $300 and you
[01:39:53.040 --> 01:39:58.040] send them back a certified letter that says, I owe you nothing
[01:39:58.040 --> 01:40:03.040] and then they come back and say, well, you've got 60 days to pay, you're always $350
[01:40:03.040 --> 01:40:08.040] and you send it back, I owe you nothing. Do you owe them $350 no matter how many times
[01:40:08.040 --> 01:40:13.040] it's in that bill?
[01:40:13.040 --> 01:40:18.040] No, but this situation is slightly different.
[01:40:18.040 --> 01:40:23.040] It's not. That is the point.
[01:40:23.040 --> 01:40:28.040] Okay. Okay.
[01:40:28.040 --> 01:40:33.040] They want you to think it's different. They want you to think they can do what they're doing.
[01:40:33.040 --> 01:40:38.040] But when you've already proven by what you filed that you know what the game is,
[01:40:38.040 --> 01:40:43.040] they're the ones that's taking the risk now, not you.
[01:40:43.040 --> 01:40:48.040] So in my motion to dismiss, the only thing I put was that the stop by the
[01:40:48.040 --> 01:40:53.040] officer is illegal.
[01:40:53.040 --> 01:40:58.040] That's all you put in there?
[01:40:58.040 --> 01:41:03.040] That's because I got it before I got your email because I didn't know what to put. Based on our last conversation, the thing that you stressed
[01:41:03.040 --> 01:41:08.040] was file the motion to dismiss.
[01:41:08.040 --> 01:41:13.040] Well, I don't know.
[01:41:13.040 --> 01:41:18.040] Yes, you do. Because I told you 10 times the first time you called in here.
[01:41:18.040 --> 01:41:23.040] And you said that they can't stop you because you didn't have a place.
[01:41:23.040 --> 01:41:28.040] As long as what they stopped you for is considered what?
[01:41:28.040 --> 01:41:33.040] An infraction. Right. Which is not criminal in California, right?
[01:41:33.040 --> 01:41:38.040] And this offense that they are this infraction they stopped you for you have
[01:41:38.040 --> 01:41:43.040] verified for a fact is an infraction, not an offense, right?
[01:41:43.040 --> 01:41:48.040] Correct. I'm looking at the copy.
[01:41:48.040 --> 01:41:53.040] Then why doesn't your motion say that?
[01:41:53.040 --> 01:41:58.040] Okay. I guess because I didn't understand that. So the motion is supposed to say.
[01:41:58.040 --> 01:42:03.040] Because everything you said plus that has its reinforcement.
[01:42:03.040 --> 01:42:08.040] Motion to dismiss. Okay.
[01:42:08.040 --> 01:42:13.040] All evidence to be suppressed is inadmissible. The stop by the police officer was illegal under California
[01:42:13.040 --> 01:42:18.040] law. The alleged
[01:42:18.040 --> 01:42:23.040] infraction being civil in nature and not criminal does not give
[01:42:23.040 --> 01:42:28.040] you the right to arrest without warrant. Therefore, the stop
[01:42:28.040 --> 01:42:33.040] and arrest by the officer absent a proper warrant issued on probable cause
[01:42:33.040 --> 01:42:38.040] of a suspected crime was illegal.
[01:42:38.040 --> 01:42:43.040] Oh, that's a mouthful.
[01:42:43.040 --> 01:42:48.040] Yeah, that's why you need to go back and download this recording tomorrow and make your motion
[01:42:48.040 --> 01:42:53.040] and file it again.
[01:42:53.040 --> 01:42:58.040] You said download the recording? Yes, we archive all of these shows.
[01:42:58.040 --> 01:43:03.040] So go to the logosradionetwork.com website,
[01:43:03.040 --> 01:43:08.040] go to the archives and mine will probably be the one at the very top.
[01:43:08.040 --> 01:43:13.040] Give her till tomorrow evening, say like four or five o'clock and she should have it up
[01:43:13.040 --> 01:43:18.040] and posted by then.
[01:43:18.040 --> 01:43:23.040] Something that did come up before I didn't have a copy of the citation that they gave me.
[01:43:23.040 --> 01:43:28.040] It says one thing is circled infraction, the other thing is not circled anything.
[01:43:28.040 --> 01:43:33.040] So the options are misdemeanor or infraction.
[01:43:33.040 --> 01:43:38.040] Okay, hang on just a second. We're going to take a break and you can finish that up on the other side.
[01:43:38.040 --> 01:43:43.040] Alright folks, call in number 512-646-1984
[01:43:43.040 --> 01:43:48.040] though I don't know that I'm going to have time to think anymore because we're going into our last
[01:43:48.040 --> 01:43:53.040] segment after this break so y'all hang in there and I'll try to get wrapped up with the callers I have.
[01:43:53.040 --> 01:43:58.040] Y'all take care, we'll be right back.
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[01:46:03.040 --> 01:46:20.040] All right, folks, we are back.
[01:46:20.040 --> 01:46:25.040] This is Rule of Law Radio and we are currently talking with Lysette in California.
[01:46:25.040 --> 01:46:29.040] All right, Lysette, what else do you have?
[01:46:29.040 --> 01:46:34.040] Okay, so that's what I was asking you.
[01:46:34.040 --> 01:46:39.040] On the actual ticket, one thing was circled in fraction,
[01:46:39.040 --> 01:46:44.040] the other thing wasn't circled. What other thing?
[01:46:44.040 --> 01:46:49.040] Well, one was for the place and the other one was for registration.
[01:46:49.040 --> 01:46:54.040] Okay, well, have you looked up the
[01:46:54.040 --> 01:46:59.040] registration?
[01:46:59.040 --> 01:47:04.040] Yeah.
[01:47:04.040 --> 01:47:09.040] I couldn't find exactly what you were saying, but I remember when we first spoke, you told me that the
[01:47:09.040 --> 01:47:14.040] registration was for a vehicle used for...
[01:47:14.040 --> 01:47:19.040] Well, that's what it's for, but the question here is, is what
[01:47:19.040 --> 01:47:24.040] is the offense? Is it an offense or is it an
[01:47:24.040 --> 01:47:29.040] infraction?
[01:47:29.040 --> 01:47:34.040] I'm not sure. I mean, the officer of the Highway Patrol didn't circle one way or the other.
[01:47:34.040 --> 01:47:39.040] That's why you need to be looking.
[01:47:39.040 --> 01:47:44.040] Yeah, on there it says that your vehicles both have current registration.
[01:47:44.040 --> 01:47:49.040] That's what it says in the vehicle code.
[01:47:49.040 --> 01:47:54.040] But registration would involve plates, right?
[01:47:54.040 --> 01:47:59.040] Yeah, I guess so, yeah.
[01:47:59.040 --> 01:48:04.040] Okay, so the one for plates is on there, right?
[01:48:04.040 --> 01:48:09.040] Correct, and that circled in fraction and he put another one. That's the one that carries the bail
[01:48:09.040 --> 01:48:14.040] and he didn't give you a number, an ordinance number, anything.
[01:48:14.040 --> 01:48:19.040] What is the offense or what is listed there, I should say?
[01:48:19.040 --> 01:48:24.040] What is listed, all right. How did he write it?
[01:48:24.040 --> 01:48:29.040] He wrote... Okay, the first thing, it says correctable. Yes, that's the 5700AVC
[01:48:29.040 --> 01:48:34.040] note plate. That's the infraction. The second one, correctable, he put note.
[01:48:34.040 --> 01:48:39.040] The 5700AVC expired reg.
[01:48:39.040 --> 01:48:44.040] Do me a favor and send me that information. Scan that in and send it to me or
[01:48:44.040 --> 01:48:49.040] type it into an email and send it to me.
[01:48:49.040 --> 01:48:54.040] Something I can actually look up. Okay, I will do that.
[01:48:54.040 --> 01:48:59.040] Okay, and in the meantime, check your spam folder and your trash can on your email
[01:48:59.040 --> 01:49:04.040] and send it to me.
[01:49:04.040 --> 01:49:09.040] Okay. Yeah, because what you said was great if I would have put that in the motion
[01:49:09.040 --> 01:49:14.040] and I tried to write it down. I thought I did tell you all that the first time you called in.
[01:49:14.040 --> 01:49:19.040] Yeah, I had it fragmented and I wrote notes on the olive oil and I had it fragmented
[01:49:19.040 --> 01:49:24.040] but I didn't quote. I said what you told me, you're saying anything they find
[01:49:24.040 --> 01:49:29.040] from that. I thought that was just like information you were giving me.
[01:49:29.040 --> 01:49:34.040] Well, it was information I was giving you
[01:49:34.040 --> 01:49:39.040] in which case you needed to give it to them.
[01:49:39.040 --> 01:49:44.040] Do you remember what day you called in here the first time?
[01:49:44.040 --> 01:49:49.040] I believe it was the 30th. Then you need to go get that
[01:49:49.040 --> 01:49:54.040] show and download it also.
[01:49:54.040 --> 01:49:59.040] Alright, and listen to the instructions from that one and from this one.
[01:49:59.040 --> 01:50:04.040] Put them together where necessary and get it over there.
[01:50:04.040 --> 01:50:09.040] Or get in touch with Kevin and he will help you out.
[01:50:09.040 --> 01:50:14.040] Okay, well let me ask you this. Worst case scenario, I like to cover the worst
[01:50:14.040 --> 01:50:19.040] case scenario. In this type of situation, what is the court's response?
[01:50:19.040 --> 01:50:24.040] The worst case scenario. One, it's not a court.
[01:50:24.040 --> 01:50:29.040] Two, I have no idea because it's an infraction. There's not a lot they
[01:50:29.040 --> 01:50:34.040] can do.
[01:50:34.040 --> 01:50:39.040] They can tell you all day long you owe money but as long as your defense
[01:50:39.040 --> 01:50:44.040] is the stop was illegal, then they're going to have a hard time
[01:50:44.040 --> 01:50:49.040] overcoming that.
[01:50:49.040 --> 01:50:54.040] See, you heard of the thing, speak softly and carry a big
[01:50:54.040 --> 01:50:59.040] stick from Theodore Roosevelt? Yes. Okay, in this case, pardon the
[01:50:59.040 --> 01:51:04.040] expression, your stick is a lot bigger than theirs.
[01:51:04.040 --> 01:51:09.040] Why do I feel like it's a toothpick? Because you don't know how to use it.
[01:51:09.040 --> 01:51:14.040] Yeah, that's true. That's very true.
[01:51:14.040 --> 01:51:19.040] Well, let me ask you this. Since I'm following this procedure,
[01:51:19.040 --> 01:51:24.040] do I do myself a favor to follow this procedure or do I do myself a favor
[01:51:24.040 --> 01:51:29.040] to show up on the date that they say to show up and present this paper
[01:51:29.040 --> 01:51:34.040] I would go ahead and file one with them, whether you show up or not is entirely
[01:51:34.040 --> 01:51:39.040] up to you. But you make sure you take your copy of it with you
[01:51:39.040 --> 01:51:44.040] showing that you sent it in certified mail the whole nine yards and that
[01:51:44.040 --> 01:51:49.040] they failed to respond to it. So you presume the matter to be
[01:51:49.040 --> 01:51:54.040] over and done with. And if they try to bully you into anything,
[01:51:54.040 --> 01:52:00.040] repeat what's in your motion to dismiss. Is this an infraction?
[01:52:00.040 --> 01:52:07.040] Yes, it is. Does is infractions in California, are they civil or are they
[01:52:07.040 --> 01:52:12.040] criminal? Oh, well, they're neither.
[01:52:12.040 --> 01:52:16.040] Well, now you've got the case law and I have the case, by the way,
[01:52:16.040 --> 01:52:21.040] spec I think is the case that says very clearly that California says they are
[01:52:21.040 --> 01:52:29.040] not criminal. They are civil. And you could smack them right in the head
[01:52:29.040 --> 01:52:32.040] with that and say, well, according to spec here in California,
[01:52:32.040 --> 01:52:36.040] they are civil, which means the stop by the police officer without a warrant
[01:52:36.040 --> 01:52:41.040] was illegal, was it not? And if that was illegal,
[01:52:41.040 --> 01:52:45.040] any information that he gathered from that illegal stop is fruit of the
[01:52:45.040 --> 01:52:53.040] poison tree and inadmissible and must be suppressed, right? Right.
[01:52:53.040 --> 01:52:57.040] And if you intend to violate my due process rights by continuing this
[01:52:57.040 --> 01:53:02.040] farcical proceeding, guess whose name is going to be in the lawsuit I file
[01:53:02.040 --> 01:53:09.040] the very next week?
[01:53:09.040 --> 01:53:18.040] Okay. Let me ask you this, since I've never been to court and since you're
[01:53:18.040 --> 01:53:24.040] saying there's no judge, who's going to be there when I show up to that
[01:53:24.040 --> 01:53:28.040] Compton courthouse? Donald Duck, Mickey Mouse, Minnie Pearl.
[01:53:28.040 --> 01:53:33.040] What difference does it make? It's not a judge.
[01:53:33.040 --> 01:53:37.040] Okay. For all I know, they're going to put you in front of Charlie Sheen.
[01:53:37.040 --> 01:53:43.040] I don't know.
[01:53:43.040 --> 01:53:48.040] All right. Well, I'd best get out my email and get out these transcripts
[01:53:48.040 --> 01:53:53.040] because, I mean, I hear what you're saying.
[01:53:53.040 --> 01:53:57.040] I guess since I've never been in a situation...
[01:53:57.040 --> 01:54:00.040] You mean a situation where it actually requires that you stand up for yourself
[01:54:00.040 --> 01:54:03.040] and know what you're doing?
[01:54:03.040 --> 01:54:07.040] I have no problem standing up for myself.
[01:54:07.040 --> 01:54:11.040] I guess the language on the paperwork, the way they put it is like,
[01:54:11.040 --> 01:54:16.040] pay the bail amount if you want to contest a trial by declaration.
[01:54:16.040 --> 01:54:18.040] Okay. Let me ask you something.
[01:54:18.040 --> 01:54:19.040] What's the crap?
[01:54:19.040 --> 01:54:21.040] Let me ask you something.
[01:54:21.040 --> 01:54:24.040] Let's go back to this send you a bill thing.
[01:54:24.040 --> 01:54:29.040] If some mechanic in town sent you a bill saying you owed him $5,000 for
[01:54:29.040 --> 01:54:34.040] retrofitting your car, and you've never had your car retrofitted,
[01:54:34.040 --> 01:54:39.040] you've never seen this mechanic in your entire life,
[01:54:39.040 --> 01:54:44.040] and he told you that the only way you could contest the bill is to pay him first,
[01:54:44.040 --> 01:54:47.040] would you buy that?
[01:54:47.040 --> 01:54:50.040] Well, here's the thing. No, but that's totally different.
[01:54:50.040 --> 01:54:52.040] It's not different.
[01:54:52.040 --> 01:54:56.040] That's the part where you keep screwing up your thought process.
[01:54:56.040 --> 01:54:59.040] It is not different.
[01:54:59.040 --> 01:55:03.040] The mechanic wouldn't have my driver's license or the ability to...
[01:55:03.040 --> 01:55:10.040] These guys don't either, and if they do, then they're screwing themselves.
[01:55:10.040 --> 01:55:13.040] There's lots of things they will do to threaten Lisette.
[01:55:13.040 --> 01:55:16.040] It's on there. Driver's license number is on there.
[01:55:16.040 --> 01:55:19.040] Okay, and?
[01:55:19.040 --> 01:55:23.040] That could very well be because it's on the paperwork the cop gave them, right?
[01:55:23.040 --> 01:55:30.040] That doesn't mean they have access to the actual DMV record.
[01:55:30.040 --> 01:55:38.040] Well, I know people who've ignored tickets and such, and they have had their license.
[01:55:38.040 --> 01:55:42.040] Because they didn't do anything.
[01:55:42.040 --> 01:55:46.040] You said ignore, right? You haven't ignored, have you?
[01:55:46.040 --> 01:55:49.040] You're not going to ignore, are you?
[01:55:49.040 --> 01:55:50.040] No.
[01:55:50.040 --> 01:55:58.040] You're just going to stick out your tongue and say, no way.
[01:55:58.040 --> 01:56:01.040] Oh, my goodness. Okay.
[01:56:01.040 --> 01:56:06.040] Well, I mean, what can I say to that? You seem so sure.
[01:56:06.040 --> 01:56:08.040] I'm sure that I'm right.
[01:56:08.040 --> 01:56:12.040] What I'm not sure of is that you can deal with what it takes to be right.
[01:56:12.040 --> 01:56:15.040] That's the part where I'm unsure.
[01:56:15.040 --> 01:56:18.040] You're sure that you're right as far as California goes?
[01:56:18.040 --> 01:56:19.040] Absolutely.
[01:56:19.040 --> 01:56:21.040] Texas and California is totally different.
[01:56:21.040 --> 01:56:27.040] Yeah, but what? You think I can't read what they write in California?
[01:56:27.040 --> 01:56:28.040] No.
[01:56:28.040 --> 01:56:35.040] If they wrote it in Californese, maybe you'd be right.
[01:56:35.040 --> 01:56:43.040] But as far as I know, the statutes are still written in the same English-based legalese.
[01:56:43.040 --> 01:56:47.040] Okay. Well, I'm going to ask you this question, and you're probably going to tell me you don't know.
[01:56:47.040 --> 01:56:57.040] If this is the situation, why do they write the notice the way they do and send it the way they do?
[01:56:57.040 --> 01:57:04.040] They do it to get you to pay them with no questions asked out of fear of something worse.
[01:57:04.040 --> 01:57:11.040] It's fraud. It's extortion. It's scare tactics.
[01:57:11.040 --> 01:57:20.040] And that's legal? For them, it is.
[01:57:20.040 --> 01:57:21.040] Okay.
[01:57:21.040 --> 01:57:25.040] But that doesn't make them right.
[01:57:25.040 --> 01:57:32.040] The fact that they are told they can do something doesn't mean they actually have the authority to do something.
[01:57:32.040 --> 01:57:35.040] Those are two very different things.
[01:57:35.040 --> 01:57:44.040] Right. I guess my concern is I'm doing something other than what the paper says that I can do, and that's fine.
[01:57:44.040 --> 01:57:49.040] If you don't, then you're going to lose your money.
[01:57:49.040 --> 01:57:56.040] Oh, you're saying if I do what they say, it doesn't matter about whatever.
[01:57:56.040 --> 01:57:59.040] They're going to just say whatever they can to keep the money, right?
[01:57:59.040 --> 01:58:04.040] Exactly. Now you're getting the picture.
[01:58:04.040 --> 01:58:07.040] That's to be illegal, too.
[01:58:07.040 --> 01:58:13.040] Well, it is. That's the whole point. But you have to know it, and you have to assert it, okay?
[01:58:13.040 --> 01:58:16.040] Yes. I'm going to let you know how it turns out.
[01:58:16.040 --> 01:58:20.040] All right. Please do, and get that stuff scanned in and sent to me, all right?
[01:58:20.040 --> 01:58:23.040] But we're done for the night, so I have to talk to you later, okay?
[01:58:23.040 --> 01:58:24.040] Thank you, sir.
[01:58:24.040 --> 01:58:25.040] Yes, ma'am.
[01:58:25.040 --> 01:58:29.040] All right, folks. I am sorry for the rest of the callers. I am out of time.
[01:58:29.040 --> 01:58:32.040] I want to thank you all for calling in and for listening.
[01:58:32.040 --> 01:58:36.040] Y'all have a great week, good night, and God bless.
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