ROL_2017-03-10_16k_Hr1-2.timecode
[00:00.000 --> 00:06.000] The following newsflash is brought to you by the Lone Star Lowdown, providing you jelly
[00:06.000 --> 00:08.000] bulletins for the commodities market.
[00:08.000 --> 00:21.000] Today in history, news updates, and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000] Markets for Friday, the 10th of March, 2017, are currently trading with gold at $1,197.81
[00:27.000 --> 00:34.000] an ounce, silver at $16.89 an ounce, taxes crude at $49.28 a barrel, and Bitcoin is at
[00:34.000 --> 00:43.000] $1,198 U.S. currency.
[00:43.000 --> 00:49.000] Today in history, the year 1959, the Tibetan uprising, fearing the abduction attempt by
[00:49.000 --> 00:54.000] China, 300,000 Tibetans surround the Dalai Lama's palace to prevent his removal.
[00:54.000 --> 00:59.000] Today in history.
[00:59.000 --> 01:03.000] In recent news, according to new figures released by the U.S. Customs and Border Protection,
[01:03.000 --> 01:07.000] the number of immigrants caught by Border Patrol agents attempting to cross the southwest
[01:07.000 --> 01:10.000] border has dropped 40 percent since President Trump took office.
[01:10.000 --> 01:15.000] On average, 1,300 a day were being stopped in January, and now that figure has dropped
[01:15.000 --> 01:20.000] to about 840, which is totally unlike the usual 10 to 20 percent surge usually seen
[01:20.000 --> 01:21.000] in February.
[01:21.000 --> 01:25.000] Homeland Security Secretary John Kelly stated that, quote, the early results show that
[01:25.000 --> 01:29.000] enforcement matters, deterrence matters, and that the comprehensive immigration enforcement
[01:29.000 --> 01:31.000] can make an impact.
[01:31.000 --> 01:35.000] Fewer people are putting themselves and their families at risk of exploitation, assault
[01:35.000 --> 01:40.000] and injury by human traffickers, and the physical dangers of the treacherous journey north.
[01:40.000 --> 01:44.000] Thalia Hipsman, a policy analyst at the Migration Policy Institute Think Tank in Washington,
[01:44.000 --> 01:49.000] D.C., attributes the change to perception, saying that, quote, what we're seeing is really
[01:49.000 --> 01:54.000] about perception. The orders offer the possibility of very meaningful changes at the border,
[01:54.000 --> 01:59.000] increased attentions, more people subject to rapid deportations, so that creates a perception
[01:59.000 --> 02:03.000] that is more difficult to reach the United States. More importantly, there is a lot of
[02:03.000 --> 02:07.000] fear inside of the U.S., and those feedback loops reach people who are thinking about
[02:07.000 --> 02:12.000] making the journey.
[02:12.000 --> 02:16.000] The Volkswagen Group pleaded guilty Friday today to three charges of fraud, obstruction
[02:16.000 --> 02:20.000] of justice, and misrepresenting the capability of vehicles with diesel engines imported into
[02:20.000 --> 02:25.000] the United States. U.S. District Court Judge Sean Cox in Detroit accepted the plea, but
[02:25.000 --> 02:30.000] wants more time to review the terms of the settlement, which proposes a $2.8 billion
[02:30.000 --> 02:35.000] criminal fine, a $1.5 billion settlement for environmental customs and financial violations,
[02:35.000 --> 02:41.000] and settlements worth about $17 billion for U.S. consumers and dealers who own the automakers'
[02:41.000 --> 02:46.000] diesel vehicles. Another hearing was set for April 21st. Eligible Volkswagen and Audi vehicles
[02:46.000 --> 02:51.000] include a wide variety of two- and three-liter, four- and six-cylinder diesel engine models
[02:51.000 --> 02:54.000] spanning from 2009 to 2016.
[02:54.000 --> 03:12.000] This was Brook Roadie with your Lowdown for March 10th, 2017.
[03:24.000 --> 03:49.000] This was Brook Roadie with your Lowdown for March 10th, 2017.
[03:49.000 --> 04:09.000] This was Brook Roadie with your Lowdown for March 10th, 2017.
[04:09.000 --> 04:29.000] This was Brook Roadie with your Lowdown for March 10th, 2017.
[04:29.000 --> 04:49.000] This was Brook Roadie with your Lowdown for March 10th, 2017.
[04:49.000 --> 04:56.000] This was Brook Roadie with your Lowdown for March 10th, 2017.
[04:56.000 --> 04:58.000] This was Brook Roadie with your Lowdown for March 10th, 2017.
[05:26.000 --> 05:32.880] act as the producer and the host and that gets somewhat complex every once in a while so
[05:34.000 --> 05:41.600] bear with me. We are going to do our four hour show tonight so if you have a question or a
[05:41.600 --> 05:48.000] comment give us a call 512-646-1984 and we are running our
[05:48.000 --> 06:00.560] four hour giveaway for the AR-15. We have an AR-15 gun giveaway this year so if you're interested
[06:00.560 --> 06:09.280] in getting in the drawing go to Logos Radio Network and for every ten if you donate you will
[06:09.280 --> 06:16.320] get a chance in the drawing I'm sorry for every 25 you donate you get a chance in the drawing for
[06:16.320 --> 06:26.720] the AR-15 we're giving away we're also selling the legal the ebook Legal 101
[06:28.320 --> 06:36.800] and 80s traffic seminar and Dr. Frederick Graves jurisdictionary. If you listen to this program
[06:36.800 --> 06:48.400] and you find benefit and value or if you have a legal issue and you want to be able to protect
[06:48.400 --> 06:56.240] yourself and you don't know anything about law my suggestion is first thing you do is go get
[06:56.240 --> 07:07.520] go to Logos Radio Network and get Dr. Graves jurisdictionary go through his 24 cds when you've
[07:07.520 --> 07:18.160] gone through those cds you basically understand a large part of what lawyers don't know when they
[07:18.160 --> 07:26.560] get out of law school lawyers in law school learn how to argue legal issues they don't really learn
[07:26.560 --> 07:32.560] how to practice law they don't learn how to file motions get motions put on for the hearing
[07:34.080 --> 07:41.920] they learn some about how to write motions but the basic knowledge of the practice of law they
[07:41.920 --> 07:48.880] don't get in law school every law student who gets out of law school gets his bar card should get
[07:48.880 --> 07:55.280] jurisdictionary and go through it it'll tell him the basic hands-on stuff he needs to know to be
[07:55.280 --> 08:05.520] able to maneuver in the legal system and once you're through with jurisdictionary then get the
[08:05.520 --> 08:14.880] the legal 101 ebook i don't go through the basics of how to file motions and get them put on for
[08:14.880 --> 08:22.080] hearing and the kinds of things that for the most part Dr. Graves goes through i kind of go to the
[08:22.080 --> 08:32.000] next step this is how it works out here in the real world without regard to this nonsense they
[08:32.000 --> 08:40.480] taught you in high school yeah we all heard that stuff how we live in a land of law and we have
[08:40.480 --> 08:52.640] all these in a the alienable rights well the courts spoke very well when they said rights belong to
[08:52.640 --> 09:00.320] the belligerent litigants you only have your rights if you're willing to take them because
[09:00.320 --> 09:08.880] no one is going to give them to you there seems to be well they're actually the schools promote
[09:08.880 --> 09:19.760] this entitlement mentality they promote this notion that people will simply do what the law
[09:19.760 --> 09:25.840] says because the law says it well out here in the real world you're not working
[09:25.840 --> 09:34.320] where you live in it just doesn't work that way people will accord you your rights if you make
[09:34.320 --> 09:45.680] them if you give them good cause and give them the specter of of persecution if they don't
[09:45.680 --> 09:55.760] and in legal 101 we will show you how to visit a legal persecution on errant public officials
[09:56.720 --> 10:05.200] and if you have ticket issues and not just ticket issues Eddie Craig in his traffic seminar
[10:06.720 --> 10:13.840] deals primarily with tickets but he also talks about what i do from a different perspective
[10:13.840 --> 10:17.520] we're different people with a whole different background a whole different way of going about
[10:17.520 --> 10:24.000] it but he talks about how to go out about preserving your rights but once you've been
[10:24.000 --> 10:29.840] through these courses and you're driving down the street and those little red lights come on behind
[10:29.840 --> 10:37.920] you you won't get that those butterflies in the pit of your stomach anymore you look up in your
[10:37.920 --> 10:44.480] rearview mirror and you'll think go ahead baby take your best shot and i will give you a romp
[10:44.480 --> 10:51.440] through the legal system you are not going to believe so that's my story on that and we'll be
[10:51.440 --> 10:57.200] running our fundraiser for a while now and we certainly need all the help we can get where
[10:57.200 --> 11:02.320] as you if you listened last week and tried to call in you'll notice we ran an archive
[11:02.320 --> 11:08.880] and it's because we we're struggling with a lot of our technology we're unable to upgrade to the
[11:08.880 --> 11:17.680] higher quality of equipment that we'd like to but it is what it is and we take what resources we
[11:17.680 --> 11:25.680] have and so far Debra has done an incredible job of keeping this network on the air but she needs
[11:25.680 --> 11:33.360] your help and our help so help us out as much as you can we're going to go to callers we've got a
[11:33.360 --> 11:40.720] couple callers on the board already we're going to go to Dave in i don't know where Dave is at
[11:40.720 --> 11:53.680] 858 i think that's a texas it's james hello Dave yeah hello Randy um i was i had a trial on monday
[11:53.680 --> 12:08.640] and um the judge said that for my witnesses i couldn't ask them a yes or no question does that
[12:08.640 --> 12:18.640] sound right no your witnesses you certainly can ask them a yes no question you can't ask them a
[12:18.640 --> 12:26.560] leading question you knew that was wrong didn't you that's a leading question you can ask a leading
[12:26.560 --> 12:36.640] question on cross but you you can't ask your uh witness a leading question but to ask a yes no
[12:36.640 --> 12:49.280] question absolutely okay now when i questioned the defendant uh in this case or their their lawyers
[12:49.280 --> 13:00.880] witnesses then the judge said you can only ask a yes or no question does that sound right no
[13:00.880 --> 13:07.440] now when you're asked when you're crossing a witness now you can ask leading questions pretty
[13:07.440 --> 13:15.840] well ask what you want to as long as the question is designed to elicit personal knowledge of the
[13:15.840 --> 13:36.480] individual okay all right okay um i in my petition i raised the question of discrimination
[13:36.480 --> 13:47.200] the question of discrimination and before the trial the judge called me to her uh counter there
[13:48.000 --> 14:00.080] and said mr david um this is not um discrimination against a disabled american is not
[14:00.080 --> 14:09.680] a legitimate um cause of action for this this court you have to contact social security or
[14:09.680 --> 14:19.440] something that's it's so i think she's right on that or is she hold on hold on uh what is she doing
[14:20.240 --> 14:28.720] talking to you in an aside well she called the other attorney too she called us both to
[14:28.720 --> 14:43.360] the uh to the judges desk there uh her mount and and said um you you you cannot um you know this
[14:43.360 --> 14:48.720] court will not hear uh discrimination against a disabled american
[14:48.720 --> 14:56.080] against a disabled american okay what what was the nature of the hearing
[14:59.120 --> 15:07.200] uh the nature of the hearing was hold on hold on the reason i'm asking that
[15:08.240 --> 15:16.640] if so i could look at it and say is discrimination against you where discrimination is a violation of
[15:16.640 --> 15:19.120] law relevant in this case
[15:24.480 --> 15:30.000] so what was the nature of your case as it related to you're being discriminated against
[15:30.000 --> 15:53.920] um i the nature that i wrote in my petition that i did not have um right of way in in my uh apartment
[15:53.920 --> 16:03.200] setting i i did not have access the word was access like you know okay okay let me okay so
[16:03.200 --> 16:10.320] you're claiming you were denied act you were denied accommodation under the americans disabilities act
[16:11.440 --> 16:22.080] by the apartment not providing you uh access for disabled and did you cite that under the building
[16:22.080 --> 16:36.080] codes the building codes require that no i did not cite a building code it might okay keep in mind
[16:36.080 --> 16:43.840] everything you're doing in the trial court is setting the record for appeal if you cited the
[16:43.840 --> 16:50.080] right issue even if you didn't state it artfully you may still have access to it hang on going to
[16:50.080 --> 16:57.440] break granda kelton real blood radio or call in number 512-646-1984 we'll be right back
[17:00.240 --> 17:06.240] dang cookie cookie me love cookies oh hi cookie munchers no these are yucky cookies
[17:06.240 --> 17:13.120] cookies yucky no no bad cookies you can't even eat these cookies these are cyber cookies no can
[17:13.120 --> 17:18.880] you eat no they're cyber cookies and they clog up your computer these have apples really oh
[17:18.880 --> 17:26.800] that's an actual apple yummy apple i'm going to throw away these yucky cookies in the trash
[17:26.800 --> 17:33.760] i click control shift delete and then scroll down to cookies and clear them bye bye yucky
[17:33.760 --> 17:40.240] cookies now i go to logos radio network.com and i click on the amazon box in the upper right hand
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[17:58.640 --> 18:04.400] are classified are you being harassed by debt collectors with phone calls letters or even
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[18:37.200 --> 18:42.640] to stop debt collectors personal consultation is available as well for more information please
[18:42.640 --> 18:47.920] visit rule of law radio.com and click on the blue michael mirrors banner or email michael
[18:47.920 --> 18:57.440] mirrors at yahoo.com that's rule of law radio.com or email m i c h a e l m i r r a s at yahoo.com
[18:57.440 --> 19:16.720] to learn how to stop debt collectors now you are listening to the logos radio network logos radio
[19:16.720 --> 19:30.160] okay we are back randall kelton rule of law radio and we're talking to dave in texas okay dave
[19:31.200 --> 19:37.600] uh keep in mind your only purpose in the trial court is to set the record for appeal
[19:37.600 --> 19:48.480] and that's from dr graves so look at the okay at each point where the judge stopped you from
[19:49.520 --> 19:55.760] taking an action or asking a question or raising an issue did you raise an objection?
[19:55.760 --> 20:08.400] objection um no i only objected when the lawyer was cross-examining my witnesses
[20:10.320 --> 20:18.400] okay you should object often if you're doing your job right you will object to the point you
[20:18.400 --> 20:27.120] annoy the judge but who cares if the judge is annoyed the judge is there to determine the
[20:27.120 --> 20:31.280] facts in accordance with the rules of evidence then apply the law as it comes to him to the
[20:31.280 --> 20:35.920] facts in the case so if the judge isn't annoyed you don't care you're there to get the facts
[20:35.920 --> 20:50.800] in the law on the record right right so did okay back to the issue of the america disabilities act
[20:50.800 --> 20:56.800] what was the nature of your okay you you claimed that they didn't provide
[20:56.800 --> 21:04.880] a handicap access how did that go to an issue that was before the court?
[21:06.880 --> 21:22.720] well it it it never it never the judge didn't approve it and honestly i did not word my
[21:22.720 --> 21:33.120] my petition correctly um i i mean well i thought i did i thought it was acceptable but i
[21:35.120 --> 21:37.840] okay okay now let me take a step back from that
[21:39.840 --> 21:50.080] was this okay as if i remember right this is a rental contract claim correct?
[21:50.080 --> 21:58.720] right right so so you're making a claim a breach of contract by the
[22:00.960 --> 22:12.640] apartment complex right right and your contract includes the rights accorded under all the laws
[22:12.640 --> 22:23.680] that apply to the to the rent e rent or right and the rent e they're the rent e they're the ones
[22:23.680 --> 22:31.920] that's renting it to you and their laws they have to follow the presumption in the contract is
[22:32.800 --> 22:40.240] that both parties will abide by all law i'm sure you have a clause in the contract to that effect
[22:40.240 --> 22:52.000] right if you don't it's implicit so it is implied at the very least that you have a right to access
[22:52.000 --> 23:01.920] to the property that you rented so this would go to breach of contract what was the
[23:01.920 --> 23:09.760] then is there any claim in your petition that this could be construed to fall under
[23:12.400 --> 23:15.040] this claim of american disability with disabilities
[23:17.520 --> 23:25.760] maybe randy it's they moved all of my furniture in my bed out of my bedroom
[23:25.760 --> 23:35.600] and into the kitchen and started repairing my room but they never repaired it and they said
[23:35.600 --> 23:45.040] i couldn't go back in the room and little did they know that i just happened to have an operation
[23:45.040 --> 23:55.040] that week and so i was literally stuck in the kitchen and i didn't have access to my bathroom
[23:55.040 --> 24:01.920] or my room so i don't know if that qualifies i would say that qualifies when after they
[24:02.560 --> 24:10.320] okay you said little did they know did they find out at the time that this action would leave
[24:11.040 --> 24:12.960] the apartment inaccessible to you
[24:15.200 --> 24:22.240] yes my nurse went down to the head office and basically yelled and screamed at them that
[24:22.240 --> 24:32.960] that i was bleeding profusely from an operation and that i needed to be in my room near a bathroom
[24:35.520 --> 24:43.840] and they didn't respond how did this the question i'm going to is how are you harmed by this
[24:45.040 --> 24:48.400] now i know it's obviously that you were harmed but i'm looking for
[24:48.400 --> 24:52.800] as much harm as we can find and what's that harm claimed in your petition
[24:56.400 --> 25:06.720] um i i um i claimed to mental uh i claimed stress mental stress
[25:06.720 --> 25:18.480] and i did not claim although there was they did not claim um physical
[25:19.840 --> 25:26.720] abuse i just claimed that i didn't have access to my room
[25:26.720 --> 25:37.280] um and the judge didn't make it okay what was the outcome of the trial
[25:39.360 --> 25:43.200] the outcome was that i lost
[25:43.200 --> 25:53.760] the outcome was that i lost okay how did the judge rule did she deny your claims or did she deny your
[25:53.760 --> 26:10.800] claims with prejudice she no there was it was this was a trial with members so she simply submitted
[26:10.800 --> 26:25.920] submitted um two pages to the jury did um she only allowed me to claim i think negligence
[26:25.920 --> 26:34.400] did the negligence by this apartment company cause me a financial duress
[26:34.400 --> 26:47.200] um and it was just well yes or no and the other page was um is the uh defendant
[26:50.720 --> 26:55.840] um entitled to attorney's fees
[26:55.840 --> 27:01.920] fees so um
[27:05.680 --> 27:17.040] okay this sounds pretty short yeah and to say did you have more than one cause of action
[27:17.040 --> 27:24.880] uh yes i had a breach of contract where as we discussed last week well this was
[27:26.560 --> 27:36.560] i mean i uh stated uh well i brought up the baseboards and i stated that
[27:37.360 --> 27:42.880] there was no mention that i was liable for baseboards and the lease and the judge agreed with
[27:42.880 --> 27:59.040] that and uh and um however when the um defendant's attorney interviewed the property manager
[27:59.840 --> 28:09.440] uh he pointed out that there was one sentence in the lease that um
[28:09.440 --> 28:16.800] um said that they could charge me for absolutely anything in the apartment
[28:20.160 --> 28:32.800] okay this goes now you're any covenant of the contract can be ruled to be unconscionable
[28:32.800 --> 28:41.920] unconscionable where when you read the contract it appears to be a reasonable covenant that
[28:42.480 --> 28:49.760] a reasonable person could agree to but it can be unconscionable in the way that it's applied
[28:49.760 --> 28:57.760] so if they have a sentence in there that can be construed to grant them carte blanche
[28:57.760 --> 29:02.960] when a reasonable person of ordinary prudence could read that and not necessarily come to
[29:02.960 --> 29:08.640] that conclusion you can claim that it's unconscionable but the difficulty here is that this is somewhat
[29:08.640 --> 29:16.160] complex and for a pro se the first time to understand these complexities would be kind
[29:16.160 --> 29:24.160] of would be very difficult you know i can handle those now but the first eight or ten
[29:24.160 --> 29:29.120] years that i did this these kinds of complex arguments would have been very difficult for
[29:29.120 --> 29:35.040] me so if they were difficult for you i i fully understand it hang on about to go to break
[29:35.760 --> 29:43.360] randy telson the rule of law radio our call-in number 512-646-1984 this is the bottom of the
[29:43.360 --> 29:47.760] hour we've got a little extra time it's a three minute break so it's a good time to go to logos
[29:47.760 --> 29:55.760] radio network and put in a donation for our gun giveaway we'll be right back
[30:03.120 --> 30:08.560] powerpoint has crept into our lives and reached the level of near obsession in corporate america
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[32:06.320 --> 32:10.080] america we live in an us against them society if we the people are ever going to have a free
[32:10.080 --> 32:14.240] society then we're going to have to stand and defend our own rights among those rights are
[32:14.240 --> 32:17.920] the right to travel freely from place to place the right to act in our own private capacity and
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[33:25.840 --> 33:32.640] okay we are back randy chelton rule of law radio and we're talking to dave in texas
[33:32.640 --> 33:41.680] this is difficult dave and you're fighting something that being a contract issue is difficult
[33:42.800 --> 33:49.520] to not only to fight but to understand all the dirty rotten tricks the lawyer can prove
[33:49.520 --> 33:56.320] can can pull on you and in listening to you you sound tired and frustrated
[33:56.320 --> 34:04.240] and frankly i empathize with that because i know exactly how that feels if i've been through these
[34:04.240 --> 34:12.640] where like when we were it was over i had been run over by a truck would you say that is accurate
[34:12.640 --> 34:25.200] would you say that is accurate yes i was accurate and while you're mentioning that i something that
[34:25.920 --> 34:31.920] you mentioned at the beginning of this program how dirty the law is but i didn't think it was
[34:31.920 --> 34:42.960] was randy what i witnessed in the back of the courtroom was that this as the lawyers witnesses
[34:43.840 --> 34:49.280] and these are people i had subpoenaed which is basically the management team here that he
[34:49.920 --> 35:00.400] basically told them what to say and what to lie about and so when i got these guys up on
[35:00.400 --> 35:12.160] on the stand they outright lied and my point is can i use this somehow when i appeal at the county
[35:14.000 --> 35:24.800] oh this was a jp court hearing yeah oh well that's good because you get it this is you get a do-over
[35:24.800 --> 35:31.680] yeah yeah so this is like now you get to find out all the garb
[35:34.960 --> 35:39.040] now that you you've been ruled against now you can
[35:40.480 --> 35:50.400] uh start again in the county court you get a trial de novo now you need to look at your pleading
[35:50.400 --> 36:01.120] and if the pleading has been somewhat inartful in that you did not carefully craft your causes of
[36:01.120 --> 36:10.880] action then you can bring this information out in the court go back and look at the
[36:10.880 --> 36:20.800] look at the claims that you made then look up those claims as a cause of action
[36:22.720 --> 36:29.200] hold on i forgot to turn my phone off there we go look up those claims as a cause of action
[36:30.560 --> 36:39.920] and best if you can find a pattern jury charge for your claims did you listen to the show last
[36:39.920 --> 36:51.360] night no i didn't okay last night we talked about i was talking to jeff from mississippi
[36:51.360 --> 36:59.440] about his federal suits and we talked about the first thing you should get when you you're going
[36:59.440 --> 37:05.840] to write a lawsuit first thing you get is a pattern jury charge
[37:05.840 --> 37:12.960] you spoke to what the the judge told the jury well there's a pattern jury charge for what the
[37:12.960 --> 37:22.320] judge is supposed to tell the jury and you you should have that so whatever your claims are you
[37:22.320 --> 37:26.160] can look you can look up the pattern jury charges for them on the internet
[37:26.160 --> 37:36.640] and then look at the pattern jury charge because what it's going to say is the judge is going to
[37:36.640 --> 37:49.280] tell the jury this is what you must find so everything you do in the courtroom should be
[37:49.280 --> 37:57.360] focused toward what is in that pattern jury charge you need to make sure that when the judge says
[37:57.920 --> 38:05.680] you must find this that that has been presented to them your evidence to that effect has been
[38:05.680 --> 38:13.040] presented to them and the pattern jury charge will walk down each necessary element of the claim
[38:13.040 --> 38:18.320] if all of those elements haven't been presented to the jury then you haven't sufficiently litigated
[38:18.320 --> 38:27.280] your claim and the jury has no power to rule in your favor does that make sense yeah yeah okay
[38:27.280 --> 38:37.520] but get that and then you you should be able to find a cause of the find causes of action this
[38:37.520 --> 38:46.480] this rings in tort so it will ring in that causes you have causes of action torts and due process
[38:46.480 --> 38:53.520] and due process is a type of a tort so any claims you bring before the court are going to ring in
[38:53.520 --> 39:00.320] contract and that's where you have a meeting of minds an agreement between two parties or tort
[39:00.320 --> 39:05.680] that's where somebody that you don't have an agreement with is going to be able to bring in
[39:05.680 --> 39:12.080] somebody that you don't have a contract with you're not engaged with comes and perpetrates
[39:12.080 --> 39:21.360] harm on you so in your case it's it's a contractual dispute everything should be claimed under
[39:22.320 --> 39:30.240] a defined cause of action if you look on the internet there's cause of actions for fraud fraud
[39:30.240 --> 39:38.480] per se fraud by non-disclosure there's a whole list of them and you should be able to find one
[39:38.480 --> 39:46.160] that fits your issue okay it's and if you don't have it in the pleading then when you go into trial
[39:47.360 --> 39:48.080] then you
[39:48.080 --> 40:00.560] you develop your questions for the witnesses that go to these issues if now you know what they're
[40:00.560 --> 40:10.240] going to lie about do you have a way of establishing your claims factually to get around their lying
[40:10.240 --> 40:20.480] thing not really randy i would have had to have filmed these men moving my stuff out of my room
[40:20.480 --> 40:27.360] and into the uh kitchen living room and i do not have okay hold on hold on did they claim that they
[40:27.360 --> 40:38.720] did not move your stuff yes oh wow do you have people who know you who do you have a nurse who
[40:38.720 --> 40:49.360] can testify otherwise my nurse did testify that i was pretty much unable to move
[40:51.040 --> 40:56.960] and the judge also brought out the fact that wait a second you three you four men were in
[40:57.680 --> 41:04.400] mr david's apartment and you didn't do anything you didn't move the furniture why were you there
[41:04.400 --> 41:16.880] that came out um but do you have anybody who can confirm independently that your furniture was
[41:16.880 --> 41:25.680] moved out of your bedroom the tenants rights council took a picture of all my stuff
[41:25.680 --> 41:33.360] in the living room and i tried to submit that picture and she wouldn't allow the picture
[41:35.360 --> 41:46.960] um well on what grounds um oh hold on you didn't take the picture it didn't matter you did you
[41:46.960 --> 41:54.800] did you you present the picture as an accurate photograph that should have been allowed
[41:56.320 --> 42:03.920] this is trial de novo so you get to do all of this over make sure when you bring the picture
[42:03.920 --> 42:12.720] next time that you provide foundation for the picture okay do you know who took the picture
[42:12.720 --> 42:24.800] here yes i know exactly the woman from the fair housing department yes was she a witness
[42:27.200 --> 42:37.680] she told me that since she works for fair housing she said that she asked me please don't subpoena
[42:37.680 --> 42:50.560] her because she say because they're a some kind of organization they're they're
[42:55.840 --> 42:58.640] i don't know what the word is say
[42:58.640 --> 43:06.880] uh wait what is this commission is it a government commission a private group what is
[43:08.480 --> 43:18.800] um the fair the tenants fair housing council here is um i forget the word they don't pay
[43:18.800 --> 43:28.480] taxes to the irs they're they're funded by uh the people they're they're okay okay then they're a
[43:28.480 --> 43:34.480] private organization subpoena her to the next trial anyway for the limited purpose of testifying
[43:35.200 --> 43:45.760] to the validity of that photograph when and where it was taken okay i will okay i will and did she
[43:45.760 --> 43:52.240] actually okay hold on we're about to go to break randy kelton rule of law radio we'll be right back
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[46:23.280 --> 46:32.720] yeah always i must be careful what i'm wishing for okay we are back randy kelton rule of law
[46:32.720 --> 46:42.400] radio and we're talking to dave in texas and dave you've got to you'll have an appeal and
[46:42.400 --> 46:50.720] it'll be trial de novo so i'm i am surprised that this was filed in a justice of the peace court
[46:50.720 --> 46:59.600] how much did you ask for ten thousand dollars okay so you asked for the limit of what was available
[46:59.600 --> 47:05.760] in the jp court okay i would have thought you would have asked for a whole lot more money
[47:07.760 --> 47:15.280] but uh you get to do this all over again so this was a good free lesson for you
[47:15.280 --> 47:25.360] yes it was yeah so go through your causes of action and you're right get them get them written
[47:25.360 --> 47:34.080] in terms of the pattern jury charge i think you will find the pattern jury charge to be
[47:34.080 --> 47:46.240] okay all right randy these pictures i have of my things in the kitchen do i it seemed that the judge
[47:46.240 --> 47:54.720] wanted me to have included those in the petition not necessary this is evidence the petition is
[47:54.720 --> 48:09.360] just the claim okay so in the next court in order to bring the pictures into the trial did you testify
[48:09.360 --> 48:16.160] yourself yes i do okay will you testify you need to provide foundation for the
[48:16.160 --> 48:26.400] pictures so you say they came in they moved all my stuff out of the room and i took pictures of
[48:27.040 --> 48:33.840] all of my stuff in the kitchen instead of in my bedroom and i have the pictures here i'd like to
[48:33.840 --> 48:40.640] present them to the court now you've you've established the evidence in the court and you
[48:40.640 --> 48:46.320] have the evidence in the courtroom and i have the pictures here i'd like to present them to the
[48:46.320 --> 48:52.240] court now you've you've established foundation for the pictures what they are when they were taken
[48:52.240 --> 49:02.160] who took them and what they depicted then you get the pictures in if you can prove
[49:03.760 --> 49:08.800] by these pictures and by testimony of a third party you need to file
[49:08.800 --> 49:14.400] these witnesses before you get to the next hearing
[49:17.200 --> 49:25.200] okay this is what they're going to try to say oh well this is a jp court you get trial de novo
[49:26.080 --> 49:37.360] trial de novo is like the first trial didn't happen not trial de novo is trial de novo for
[49:37.360 --> 49:45.280] the purpose of perfecting your appeal and only for the purpose of perfecting appeal and what it means
[49:45.280 --> 49:56.320] is is you don't have to appeal based on writ of error you can just generally appeal and they're
[49:56.320 --> 50:03.840] going to want to say that heals us from what went on in the first trial no it doesn't if they
[50:03.840 --> 50:10.080] committed aggravated perjury in that first trial and you were ruled against based on that aggravated
[50:10.080 --> 50:20.080] perjury that is a fee to complain that is a done deal it is too late for them to recant
[50:21.680 --> 50:32.880] i once had a disorderly conduct charge against me in roanoke texas and the officer who arrested me
[50:32.880 --> 50:39.600] in the jp's office to keep me from getting to the district attorney and assistant district attorney
[50:39.600 --> 50:45.200] who was there with criminal charges against the public officials he arrested me so i went to
[50:45.200 --> 50:52.640] trial on it and he got on the stand and testified that he was a bailiff for this jurisdiction when
[50:52.640 --> 50:59.440] he wasn't he had been fired and after the trial the judge stopped me the judge had recused himself
[50:59.440 --> 51:06.480] because it turned out he hated this guy and he said to me said mr kelton you know that bailiff
[51:06.480 --> 51:13.680] lied about his employment as a bailiff i said yes your honor i knew that well why didn't you
[51:13.680 --> 51:21.520] bring it up in in the courtroom i said well first it wasn't relevant to the issue and besides
[51:22.320 --> 51:27.200] if i had brought it up in the courtroom he would have had opportunity to recant
[51:27.200 --> 51:37.680] it if you commit aggravated perjury and you recant that perjury before it becomes obvious
[51:37.680 --> 51:42.960] that the statement was perjurious then you're not guilty of aggravated perjury in your case
[51:44.720 --> 51:47.840] if they testified they didn't move anything out of your room
[51:49.920 --> 51:54.160] and they did this is clear that you couldn't have moved it out
[51:54.160 --> 52:00.720] and they testified that they were in the room and now you can prove that it was moved out
[52:00.720 --> 52:04.320] i suggest you charge them with aggravated perjury
[52:06.080 --> 52:09.760] whether you get them prosecuted or not is a separate issue
[52:11.280 --> 52:18.080] yeah but since they're not public officials the prosecutor is not likely to be in a mind
[52:18.080 --> 52:24.480] to shield them now he'll shield his buddies but these guys aren't his buddies
[52:26.000 --> 52:31.840] and you tell you tell the prosecutor or and if the prosecutor doesn't want to prosecute then
[52:31.840 --> 52:38.320] you go straight to the grand jury and when he tries to interfere with you then you file against
[52:38.320 --> 52:44.720] the prosecutor just make a big stink yeah yeah yeah and the prosecutor is going to send his
[52:44.720 --> 52:51.040] prosecutor is going to send his investigator out and say why have i got this guy stomping all over
[52:51.040 --> 52:59.200] me because of you so the chance you may get him brought up and you certainly should present
[52:59.200 --> 53:08.080] criminal affidavits to the justice of the peace where they testified where they committed the
[53:08.080 --> 53:16.000] aggravated perjury okay because he witnessed it and he had reason to believe that apparently he
[53:16.000 --> 53:25.280] questioned them himself and had reason to believe that they were not being exactly forthcoming
[53:27.360 --> 53:35.680] did you have anyone who actually observed them removing the furniture or did they do this to
[53:35.680 --> 53:48.560] anyone else um i you i i can find out if they did it to anybody else um i don't have any
[53:50.560 --> 53:59.440] evidence um a few friends of mine may claim that um that after the operation there was no way i
[53:59.440 --> 54:07.520] could have you know done this it was uh in fact a nurse said that in in the uh the and the judge
[54:07.520 --> 54:17.040] was a she now this uh aggravated perjury is this a separate thing i have to file oh yeah this is
[54:17.040 --> 54:24.400] totally separate has nothing to do with the civil case it only incidentally has to do with the civil
[54:24.400 --> 54:31.600] case because the crime was committed in the civil case but this is a separate action
[54:33.280 --> 54:37.920] right right you you filed out that goes on totally separate from the civil
[54:40.000 --> 54:45.520] once you're charging them with aggravated perjury from their false testimony in the first trial
[54:46.160 --> 54:51.920] and trying to get them indicted you know these are just employees
[54:51.920 --> 54:54.400] they're not going to want to go to prison for the boss
[54:56.640 --> 55:00.560] okay you might just get them to change their testimony
[55:02.080 --> 55:10.400] so i file in jp or county for that you might file with the jp first because it happened in front of
[55:10.400 --> 55:19.760] the jp yeah and you before you file you need to to get your witnesses in place who someone who
[55:19.760 --> 55:24.560] can testify that it was physically impossible for you to have moved this furniture
[55:25.680 --> 55:31.520] and you need you need to construct a good case for aggravated perjury it doesn't have to be
[55:31.520 --> 55:42.400] ironclad criminals different criminal you know in order to secure a uh determination of probable
[55:42.400 --> 55:50.000] cause all you have to do is is have reasonable cause and it can be hearsay
[55:52.480 --> 55:59.120] it can't be hearsay when you go to court on trial on the merits but to get a a warrant for arrest
[55:59.120 --> 56:07.920] that can be hearsay i can go in and say i got this guy i know next door and he just got out
[56:07.920 --> 56:13.040] of the hospital and had this operation and these guys i walked past his apartment i've looked in
[56:13.040 --> 56:19.440] there and i saw these guys moving all of his stuff out of his bedroom into his kitchen
[56:20.640 --> 56:28.080] and he was subjected to it and then i went to court and watched the trial because the trial came
[56:28.080 --> 56:33.920] up and i saw these guys get on the stand and say they didn't move it out you know he can testify
[56:33.920 --> 56:41.680] move it out you know he can testify or he can say the guy told me that these guys went to court
[56:41.680 --> 56:49.680] and testified they didn't do what i saw i'm doing he can file right or yeah he could say
[56:50.880 --> 56:58.560] this guy told me that they did this and then they lied about it no personal knowledge whatsoever
[56:58.560 --> 57:05.120] and i believe him therefore i have reason to believe and do believe these people committed
[57:05.120 --> 57:11.200] aggravated perjury to complete hearsay doesn't have to be that best witness
[57:12.720 --> 57:19.520] yeah so when you file the complaints all you have to do is a reasonable probable cause and i think
[57:19.520 --> 57:29.360] the judge already has it yeah so if you file it with this judge and then if he doesn't want to
[57:29.360 --> 57:33.920] take it then you take it to the prosecutor attorney you may actually get the jp on your side
[57:36.720 --> 57:40.320] jp may not like it that somebody came into his court and lied to him
[57:40.320 --> 57:48.960] him yeah yeah yeah but i gotta get the same judge this was a visiting judge
[57:52.160 --> 57:59.760] not necessarily take it to this justice of the peace and let this justice of the peace
[57:59.760 --> 58:06.400] talk to the other judge because the judge is likely to be more candid with this jp
[58:06.400 --> 58:14.640] than it will be with you okay randy consider the politics here yeah this jp may this visiting
[58:14.640 --> 58:20.560] judge may say yeah i kind of knew they were lying but this guy didn't know how to develop his case
[58:20.560 --> 58:27.680] so i had to rule against him but yeah i think they'd like to me and good chance you might get
[58:27.680 --> 58:35.040] this jp to pick it up okay hang on about to go to break randy kelton root of law radio barrett i see
[58:35.040 --> 58:43.120] there we will get to you shortly this is the call it numbers five one two six four six 1984
[58:43.120 --> 58:44.080] we'll be right back
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[59:48.960 --> 59:58.240] live free speech radio logos radio network.com
[01:00:00.480 --> 01:00:06.400] the following use flash is brought to you by the lone star lowdown providing your deli bulletins
[01:00:06.400 --> 01:00:14.320] for the commodity market today in history news updates and the inside scoop into the tides of
[01:00:14.320 --> 01:00:24.800] the alternative markets for friday the 10th of march 2017 are currently trading with gold at
[01:00:24.800 --> 01:00:30.000] one thousand one hundred ninety seven dollars and 81 cents an ounce silver 16 dollars and 89 cents an
[01:00:30.000 --> 01:00:36.080] ounce texas crude 49 dollars and 28 cents a barrel and bitcoin is at one thousand one hundred ninety
[01:00:36.080 --> 01:00:48.800] eight u.s currency today in history the year 1959 the tibetan uprising fearing the abduction
[01:00:48.800 --> 01:00:54.560] attempt by china 300 000 tibetans surround the dalai lama's palace to prevent his removal today
[01:00:54.560 --> 01:01:02.960] in history in recent news according to new figures released by the u.s customs and border
[01:01:02.960 --> 01:01:06.640] protection and the number of immigrants caught by border patrol agents attempting to cross the
[01:01:06.640 --> 01:01:12.560] southwest border has dropped 40 since president trump took office on average 1300 a day were
[01:01:12.560 --> 01:01:18.240] being stopped in january and now that figure has dropped to about 840 which is totally unlike the
[01:01:18.240 --> 01:01:23.600] usual 10 to 20 surge usually seen in february homeland security secretary john caley stated
[01:01:23.600 --> 01:01:28.160] that quote the early results show that enforcement matters deterrence matters and that the
[01:01:28.160 --> 01:01:32.720] comprehensive immigration enforcement can make an impact fewer people are putting themselves
[01:01:32.720 --> 01:01:38.080] and their families at risk of exploitation assault and injury by human traffickers and the physical
[01:01:38.080 --> 01:01:43.200] dangers of the treacherous journey north via hipsman a policy analyst at the migration policy
[01:01:43.200 --> 01:01:48.320] institute think tank in washington dc attributes the change to perception saying that quote what
[01:01:48.320 --> 01:01:52.880] we're seeing is really about perception the orders offer the possibility of very meaningful
[01:01:52.880 --> 01:01:58.160] changes at the border increased attentions more people subject to rapid deportations so that
[01:01:58.160 --> 01:02:02.480] creates a perception that it's more difficult to reach the united states more importantly there
[01:02:02.480 --> 01:02:06.480] is a lot of fear inside of the u.s and those feedback loops reach people who are thinking
[01:02:06.480 --> 01:02:15.120] about making the journey the volkswagen group pleaded guilty friday today to three charges
[01:02:15.120 --> 01:02:20.000] of fraud obstruction of justice and this representing the capability of vehicles with diesel engines it
[01:02:20.000 --> 01:02:25.120] imported into the united states yes district court judge sean cox and detroit accepted the
[01:02:25.120 --> 01:02:29.760] plea but wants more time to review the terms of the settlement which proposes a 2.8 billion
[01:02:29.760 --> 01:02:34.480] dollar criminal fine a 1.5 billion dollar settlement for environmental customs and
[01:02:34.480 --> 01:02:39.840] financial violations and settlements worth about 17 billion for u.s consumers and dealers
[01:02:39.840 --> 01:02:44.640] who own the automakers diesel vehicles another hearing was set for april 21st
[01:02:44.640 --> 01:02:49.040] eligible volkswagen and audi vehicles include a wide variety of two and three liter
[01:02:49.040 --> 01:02:53.600] four and six cylinder diesel engine models spanning from 2009 to 2016
[01:02:53.600 --> 01:02:59.600] this was brook roadie with your lowdown for march 10 2017
[01:03:23.600 --> 01:03:27.600] yeah
[01:03:30.160 --> 01:03:40.640] okay we are back randy kelton in the radio on this friday the 10th day of march 2017
[01:03:41.360 --> 01:03:49.120] and we're talking to dave in texas okay dave is there anything you have we haven't handled
[01:03:49.120 --> 01:03:59.120] no no randy uh once again you've done an amazing job of helping me with the case
[01:04:00.160 --> 01:04:06.640] well good uh when you start going after them criminally it may change everything
[01:04:07.440 --> 01:04:14.480] their problem is when you go after them criminally you may be able to develop evidence
[01:04:14.480 --> 01:04:20.640] in that that occurs in the prosecute process of the prosecution that you can then use
[01:04:21.840 --> 01:04:29.920] in your civil case for instance if the prosecutor picks it up and then goes in and makes a deal
[01:04:29.920 --> 01:04:38.160] with them and they plea out to a lesser charge then you can bring that as evidence into the
[01:04:38.160 --> 01:04:46.640] civil case yeah good idea good idea yeah they don't like it lawyers tend not to do that but
[01:04:46.640 --> 01:04:56.080] you're a pro se you don't care what they like okay right okay good luck dave all right thanks
[01:04:56.080 --> 01:05:04.160] baby okay we had another caller we were just about to get to him and he seems to have dropped off
[01:05:04.160 --> 01:05:13.280] my board i'll give my board an opportunity to renew it to refresh itself maybe we'll get our
[01:05:13.280 --> 01:05:21.440] caller back but the boards are open the call-in number is 512-646-1984 and while we're waiting
[01:05:21.440 --> 01:05:26.640] for another caller i'll get to what i was going to talk about when the show started today oh wait
[01:05:26.640 --> 01:05:34.320] there's barrett is back if i get some free time i'll talk about the criminal charges i'm filing
[01:05:34.320 --> 01:05:43.680] against this local federal judge just for yucks okay we're going to barrett in arizona hello barrett
[01:05:45.120 --> 01:05:53.440] yeah i just got to make sure i got my phone turned down uh speaker often um yeah i uh
[01:05:53.440 --> 01:06:04.640] i'm going to restore a uh a classic motorcycle it's a 1982 yamaha seca 750 and uh i i've restored
[01:06:04.640 --> 01:06:11.680] a couple of them before but anyways after i restore it i don't want uh the cops to get it
[01:06:11.680 --> 01:06:17.680] you know because if you if you drive without insurance then you you drive without a license
[01:06:17.680 --> 01:06:22.800] i know it's supposed to be traveling um i just don't want them to get mainly i don't want them
[01:06:22.800 --> 01:06:28.880] to get my bike yeah in the real world we live in i've heard that you have you can get paperwork
[01:06:30.160 --> 01:06:37.360] uh like the supreme court ruling is one one piece a document uh that says you don't have to have a
[01:06:37.360 --> 01:06:45.280] license to uh travel in a in a vehicle and you don't have to have insurance or um you don't have
[01:06:45.280 --> 01:06:51.200] to have insurance or um anyway i hope the information i've gotten so far is correct
[01:06:52.320 --> 01:06:59.840] but i was thinking if there's a way uh or uh you know i don't know all right should i just go
[01:06:59.840 --> 01:07:06.960] without plates if i were to get i am never ever going to suggest that now eddie eddie craig may
[01:07:06.960 --> 01:07:16.480] be but he is the traffic guy i have license plates on my vehicle and i have a driver's license
[01:07:18.240 --> 01:07:25.200] but okay because i have a driver's license and i have license plates i can operate in commerce
[01:07:25.200 --> 01:07:34.560] if i want to but if i get pulled over and i'm not operating in commerce then
[01:07:34.560 --> 01:07:39.760] i'm getting some background noises i'm i seem a little distracted i'm looking to see if i'm
[01:07:39.760 --> 01:07:45.520] dropping off the air or something okay i had to upload the new skype version and it has some
[01:07:45.520 --> 01:07:53.920] noises it's distracting anyway i've got the license but i'm not using it this allows me to
[01:07:53.920 --> 01:08:03.120] take them on on the right to travel without having to get into that issue of being thrown in jail or
[01:08:03.120 --> 01:08:13.920] being thrown in jail and my equipment impounded right so it's not necessary now
[01:08:15.680 --> 01:08:17.120] pick your fights real careful
[01:08:20.640 --> 01:08:28.080] if you want to have this fight then yeah the law is there and it's on in your favor
[01:08:28.080 --> 01:08:34.240] but expect them to give you a good fight it has nothing to do with the law it's all about the
[01:08:34.240 --> 01:08:43.360] money these guys collect a lot of money with traffic citations and they're not going to want
[01:08:43.360 --> 01:08:50.720] to stop collecting that money the last thing they're going to want you to do is get a ruling in a
[01:08:50.720 --> 01:08:59.440] get a ruling in a court that will eliminate their ability to collect this all of these fees and
[01:08:59.440 --> 01:09:08.800] fines they're collecting with traffic code so my question to you is what is your purpose
[01:09:11.200 --> 01:09:13.440] in taking on this right to travel issue
[01:09:13.440 --> 01:09:21.040] yeah i i would like the right to travel without having to see i lost my license
[01:09:22.400 --> 01:09:29.360] about five years ago for a dy i haven't drank in the last year and a half so i have no desire to
[01:09:29.360 --> 01:09:36.240] anymore so i was thinking you know now that i've put the plug in the jug um i was thinking you know
[01:09:36.240 --> 01:09:42.080] hey it'd be kind of nice to get on back on a motorcycle again this summer um and i got just
[01:09:42.080 --> 01:09:47.440] enough time to restore this bike and i was i heard that i could have certain documents like the
[01:09:47.440 --> 01:09:52.480] supreme court ruling you don't have the right to travel you know license required to travel
[01:09:53.120 --> 01:09:59.120] okay that explains it now you have a good reason to fight this fight
[01:10:00.880 --> 01:10:08.560] right that's right okay so it's not like me i have a license and for me to take on that issue
[01:10:08.560 --> 01:10:20.880] is to take on a big fight okay first thing to do you're in arizona look at all of the issues
[01:10:21.680 --> 01:10:27.600] uh i would say get a pattern jury charge but i don't think they even have a pattern jury charge
[01:10:27.600 --> 01:10:34.080] for traffic cases but the first thing you want to look at before you go to right to travel
[01:10:34.080 --> 01:10:39.600] right to travel gets you before the judge in the judge's jurisdiction
[01:10:40.880 --> 01:10:48.960] you don't ever want to get there so when i take on the right to travel i just gave somebody a copy
[01:10:48.960 --> 01:10:58.240] of a document i have recently rewritten this document is is specifically for texas
[01:10:58.240 --> 01:11:09.200] for texas but most every state i've looked at has a similar structure most states have adopted the
[01:11:10.400 --> 01:11:21.760] federal transportation code and they've codified it into state law and they have specific
[01:11:21.760 --> 01:11:29.040] requirements now this is kind of a strange thing something you wouldn't expect when the
[01:11:29.920 --> 01:11:39.920] traffic codes were first introduced this is back in the 20s and 30s ford started building cars and
[01:11:40.880 --> 01:11:46.960] started filling the high the roadways with automobiles and people got all these automobiles
[01:11:46.960 --> 01:11:53.040] and they really work great and they were using wagons to haul freight in they got these automobiles
[01:11:53.040 --> 01:12:00.400] and say hey we can turn these things into trucks and they started beefing these things up well
[01:12:01.360 --> 01:12:08.160] the history on it says that they had these large trucks that people were stitching together
[01:12:09.040 --> 01:12:15.760] and they were absolutely death traps and they were too heavy they were damaging
[01:12:15.760 --> 01:12:22.240] bridges and damaging the roads and the state said we got to do something here these guys
[01:12:22.240 --> 01:12:29.840] they're going to destroy the whole place but the public was not going to let the state
[01:12:29.840 --> 01:12:37.920] interfere with their right to travel around the idea of licensing the right to travel
[01:12:37.920 --> 01:12:47.600] was just simply not gonna fly so they got this great idea we only need to license people who
[01:12:47.600 --> 01:12:55.920] are acting in commerce and we can do that so they put in this licensing provision for anyone who
[01:12:55.920 --> 01:13:08.080] operated commercially well over time this licensing provision was essentially made available to
[01:13:08.080 --> 01:13:15.600] everybody and it just became a thing everybody does there's nothing in law that says that you
[01:13:15.600 --> 01:13:24.720] have to have a license in order to travel around but everybody has been required to have a license
[01:13:24.720 --> 01:13:31.920] so long is that for the most part people don't understand that the only reason for the license
[01:13:31.920 --> 01:13:42.000] is commercial okay with that said now we look at how the law got put in the way it did it was put
[01:13:42.000 --> 01:13:47.600] in this way because at the time the public wouldn't tolerate this intrusion on their rights
[01:13:47.600 --> 01:13:54.480] but now it's all been hidden we weren't around at that time we're a couple of generations removed
[01:13:55.840 --> 01:14:04.480] so when we go back and read the code you will be surprised because it really is written for
[01:14:04.480 --> 01:14:15.520] commercial drivers and it will be obvious in texas the only ones who can enforce the
[01:14:15.520 --> 01:14:23.120] enforce the transportation code are certain counties a county with a
[01:14:26.240 --> 01:14:36.640] port a federal port a county of over two million with a u.s defense highway running through it
[01:14:36.640 --> 01:14:48.000] a county of over a city of over of under 8500 that is the county seat and has a national defense
[01:14:48.000 --> 01:15:02.240] highway now i'm in a county of 40 000 the county seat is um i think 10 000 but we don't have a
[01:15:02.240 --> 01:15:07.360] national defense highway running through these counties so nobody in this county can enforce the
[01:15:07.360 --> 01:15:18.080] transportation code and if the jurisdiction is say fort worth fort worth is a city of over half a
[01:15:18.080 --> 01:15:25.200] million they can enforce the transportation code actually the transportation code is a county
[01:15:25.200 --> 01:15:35.040] enforcement the sheriff can enforce it however in order to enforce it he can appoint five people
[01:15:35.040 --> 01:15:44.480] to enforce the transportation code one of which can be a municipal officer if that municipal officer
[01:15:44.480 --> 01:15:52.080] is an officer in a municipality that meets one of these really convoluted requirements
[01:15:52.080 --> 01:15:56.880] so if a municipal police officer in texas pulls you over your first question is
[01:15:58.640 --> 01:16:04.560] does your jurisdiction meet the statutory requirements to enforce the transportation code
[01:16:05.200 --> 01:16:14.640] and if it does are you that one officer in the county one municipal officer there can be five
[01:16:14.640 --> 01:16:22.240] officers four of whom will be sheriff's deputies one can be a municipal officer this is actually
[01:16:24.240 --> 01:16:30.640] if it sounds insane when i'm telling you this it sounded insane when i read it
[01:16:31.440 --> 01:16:39.120] but that's actually what it says so are you the one that has been appointed
[01:16:39.120 --> 01:16:49.200] that has been appointed and if you are that one who has been appointed have you been through this
[01:16:50.560 --> 01:16:58.400] or training requirements provided by the department of transit by the dps how long we'll be right back
[01:17:00.000 --> 01:17:04.880] i love logos without the shows on this network i'd be almost as ignorant as my friends i'm so
[01:17:04.880 --> 01:17:10.320] addicted to the truth now that there's no going back i need my truth fix i'd be lost without logos
[01:17:10.320 --> 01:17:14.800] and i really want to help keep this network on the air i'd love to volunteer as a show producer
[01:17:14.800 --> 01:17:19.200] but i'm a bit of a luddite and i really don't have any money to give because i spent it all
[01:17:19.200 --> 01:17:25.760] on supplements how can i help logos well i'm glad you asked whenever you order anything from amazon
[01:17:25.760 --> 01:17:30.720] you can help logos in ordering your supplies or holiday gifts first thing you do is clear your
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[01:17:38.080 --> 01:17:44.880] you order anything from amazon you use that link and logos gets a few pesos do i pay extra no do
[01:17:44.880 --> 01:17:51.360] you have to do anything different when i order no can i use my amazon prime no i mean yes wow
[01:17:51.360 --> 01:17:57.680] giving without doing anything or spending any money this is perfect thank you so much we are
[01:17:57.680 --> 01:18:03.600] welcome happy holidays logos are you being harassed by debt collectors with phone calls
[01:18:03.600 --> 01:18:09.280] letters or even lawsuits stop debt collectors now with the michael mirrors proven method
[01:18:09.280 --> 01:18:14.880] michael mirrors has won six cases in federal court against debt collectors and now you can win too
[01:18:14.880 --> 01:18:19.600] you'll get step-by-step instructions in plain english on how to win in court using federal
[01:18:19.600 --> 01:18:25.440] civil rights statute what to do when contacted by phone mail or court summons how to answer
[01:18:25.440 --> 01:18:30.480] letters and phone calls how to get debt collectors out of your credit report how to turn the financial
[01:18:30.480 --> 01:18:36.960] tables on them and make them pay you to go away the michael mirrors proven method is the solution
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[01:18:57.520 --> 01:19:06.560] to learn how to stop debt collectors now this is the logos radio net
[01:19:06.560 --> 01:19:10.560] more
[01:19:15.280 --> 01:19:16.880] ain't gonna blame me
[01:19:20.880 --> 01:19:24.560] don't blame me
[01:19:27.520 --> 01:19:28.080] well
[01:19:28.080 --> 01:19:34.080] uh
[01:19:38.160 --> 01:19:45.520] okay we are back randy kelton rule of law radio and we had our producer on but
[01:19:47.040 --> 01:19:55.440] he just dropped off so maybe we'll get him back again okay we're talking to barrett in arizona
[01:19:55.440 --> 01:20:02.480] and the reason i'm going through all this barrett charlie sprinkle i don't remember
[01:20:02.480 --> 01:20:07.520] i remember charlie sprinkle i hated to lose charlie i don't know but i think the late charlie
[01:20:08.720 --> 01:20:16.720] but yeah from 1967 till the day he died the cops kind of treated him like a like a poison dart frog
[01:20:16.720 --> 01:20:22.960] or you know a snake or something you didn't want to mess with okay yeah and that's not as hard to get
[01:20:22.960 --> 01:20:29.120] as you would think my last ticket here in the county that i live in
[01:20:30.720 --> 01:20:37.360] i went to the clerk and the clerk said can i help you i said yes i can you can that dirty rotten
[01:20:37.360 --> 01:20:45.440] copper he wrote me a ticket and she said he did i said yes he did well what do you add to a ticket
[01:20:45.440 --> 01:20:54.800] for he said my registration was expired and she said well was it yeah but only six months
[01:20:55.920 --> 01:21:02.800] and she said oh well uh you know if you get that renewed and bring us proof uh for 20
[01:21:02.800 --> 01:21:09.120] dollars we'll just drop this i dropped a ticket i said i know she said are you going to get it renewed
[01:21:09.120 --> 01:21:19.200] no oh it said well then do you want to i need you to enter a please no no i'm not here to enter a
[01:21:19.200 --> 01:21:25.760] play i got these documents i want to give you first documents to challenge the subject matter
[01:21:25.760 --> 01:21:34.720] jurisdiction the second two documents one was a request for the authority of the jurisdiction
[01:21:34.720 --> 01:21:40.640] to enforce the transportation code and the other one was a request for the certification of the
[01:21:40.640 --> 01:21:45.760] peace officer as a police officer from the department of public safety
[01:21:48.000 --> 01:21:53.680] well they set a hearing for me to come in and i didn't show up at hearing i got my times wrong
[01:21:53.680 --> 01:21:57.680] and i was supposed to be there at nine o'clock and i didn't get there till three
[01:21:57.680 --> 01:22:04.960] o'clock and the clerks were all upset they said wow we were all here we wanted to watch
[01:22:06.560 --> 01:22:16.640] sorry i screwed it up what did the prosecutor do she said he dismissed the case he what wait a
[01:22:16.640 --> 01:22:25.520] minute he can't do that what he did the chief of police told him don't you dare prosecute this guy
[01:22:25.520 --> 01:22:31.440] all right the chief of police on my information request sent me a letter
[01:22:32.720 --> 01:22:42.880] that said in response to my request that we have no records responsive to your request because
[01:22:42.880 --> 01:22:50.240] we do not enforce the transportation code okay barrett my point is
[01:22:50.240 --> 01:23:00.960] this if you want to be able to drive and want them not to mess with you travel i'm sorry travel
[01:23:00.960 --> 01:23:08.400] you're right eddie craig would stump me for that you're going to have a fight but you need to be
[01:23:08.400 --> 01:23:14.720] ready for that fight before you go in two of guys fighting it in court and they do pretty good but
[01:23:15.600 --> 01:23:19.440] the judges are all corrupt and all that they all everybody knows it doesn't matter
[01:23:19.440 --> 01:23:24.240] but they're pretty hard to convince that you know you don't care about that judge
[01:23:25.680 --> 01:23:33.440] that's why i'm saying we don't want to get to that point the first thing okay
[01:23:34.960 --> 01:23:38.000] when a complaint is brought to a court
[01:23:40.560 --> 01:23:49.360] if jurisdiction appears to be valid on its face then jurisdiction is presumed for instance you
[01:23:49.360 --> 01:24:01.280] have a certified peace officer whom the court has knowledge could be authorized to enforce the
[01:24:01.280 --> 01:24:09.520] transportation code and he is authorized to operate within the jurisdiction that he's in
[01:24:09.520 --> 01:24:18.560] and he has filed the complaint in the venue that would have jurisdiction over the case the
[01:24:18.560 --> 01:24:27.200] presumption is the court has jurisdiction and that presumption will stand until it is challenged
[01:24:28.400 --> 01:24:36.160] once you challenge jurisdiction jurisdiction is lost the presumption no longer stands
[01:24:36.160 --> 01:24:46.640] now the court has to prove jurisdiction and it is a threshold issue a court that acts without subject
[01:24:46.640 --> 01:24:57.040] matter jurisdiction acts outside scope when the court acts outside scope the court is outside all
[01:24:57.040 --> 01:25:06.640] the court is outside all of his protections so the judge can be sued personally if he acts
[01:25:06.640 --> 01:25:14.080] without subject matter jurisdiction he does not act under the power of the state he acts in his
[01:25:14.080 --> 01:25:20.160] own personal capacity and can be sued in that capacity and that's where you want to keep them
[01:25:20.160 --> 01:25:28.720] um at the end of the day it doesn't matter if you win lose or draw
[01:25:31.440 --> 01:25:36.160] Barrett did you when you were growing up did you ever get in the fight with the kid in the
[01:25:36.160 --> 01:25:45.040] school parking lot or on the playground a couple times yeah if you had a good fight is when the
[01:25:45.040 --> 01:25:50.640] most of the fights i won is when they were picking on me yeah but after the fight
[01:25:52.160 --> 01:25:57.520] you almost always wind up friends because if you give them a good fight
[01:25:59.120 --> 01:26:00.800] they don't want to go there again
[01:26:03.440 --> 01:26:08.640] so this is the object lesson they're going to give you a good fight
[01:26:08.640 --> 01:26:17.760] and you give it right back to them but try not to get inside their jurisdiction i go to the court
[01:26:18.640 --> 01:26:23.920] and this is what i told those two clerks when they asked me how i wanted to plea and i said
[01:26:23.920 --> 01:26:30.960] i'm not here to plea i'm here at arm's length to the court you've got your arm out in front of you
[01:26:30.960 --> 01:26:36.800] with your palm up the court can come up to that palm but they can't pass it
[01:26:36.800 --> 01:26:44.640] they can't pass that until jurisdiction is proven that's where you want your fight to be
[01:26:45.360 --> 01:26:53.440] so the first thing you want to do is read the the transportation code and the administrative
[01:26:53.440 --> 01:27:03.280] code that implements the transportation code for arizona and then look at
[01:27:03.280 --> 01:27:13.440] and then look at all of the requirements that the jurisdiction has to meet in order to
[01:27:13.440 --> 01:27:20.000] enforce the code and the requirements that the particular officer has to meet in order to enforce
[01:27:20.000 --> 01:27:34.480] the code and then look at all of the elements of the offense now in traffic they've gotten terribly
[01:27:34.480 --> 01:27:43.200] lax i just prepared this challenge subject matter jurisdiction and i challenge the jurisdiction's
[01:27:43.200 --> 01:27:51.040] authority to enforce i challenge the officer's authority to enforce and then i challenged the
[01:27:51.040 --> 01:28:00.480] complaint itself i maintained that the complaint was insufficient on its face as it failed to
[01:28:00.480 --> 01:28:12.240] establish that the the officer had the authority to enforce the transportation code and that the
[01:28:12.240 --> 01:28:17.840] all of the elements of jurisdiction were met and all the elements of the crime were met
[01:28:19.280 --> 01:28:24.560] saying he was speeding 50 in a 35 what's that
[01:28:27.040 --> 01:28:32.720] what code is that what are the elements of that code who does that code apply to
[01:28:34.640 --> 01:28:42.000] you have a right to nature and cause we don't ever get to jurisdiction before you until you have
[01:28:42.000 --> 01:28:47.120] complete nature and cause am i making sense is it clear where i'm going here barrett
[01:28:47.920 --> 01:28:54.160] yeah um doesn't have to be like contract or something like contractual isn't most law like
[01:28:54.160 --> 01:29:03.520] contractual like i have to agree to something to not exactly trying to avoid the yeah okay well
[01:29:03.520 --> 01:29:13.840] don't you don't need the rather it is contracted yes it's all it's all contractual but that's not
[01:29:14.560 --> 01:29:23.600] that is an argument you can make but it's a tangential argument and with implied contracts
[01:29:23.600 --> 01:29:30.880] and adhesion contracts that's a really complex fight there's something way more straightforward
[01:29:30.880 --> 01:29:40.960] who the heck are you and where did you get authority to enforce your will over my will
[01:29:41.920 --> 01:29:48.640] that's the place you want to go first well once we get past who were you and what authority you
[01:29:48.640 --> 01:29:54.320] have to even talk to me then we can talk about a contract hang on randall kelton real law radio
[01:29:54.320 --> 01:30:01.200] we'll be right back
[01:30:02.640 --> 01:30:07.600] people scan the store shelves when they shop but soon those shelves may be scanning you
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[01:31:19.120 --> 01:31:24.320] hats i'm dr katherine albrecht more news and information at katherinealbrecht.com
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[01:31:36.000 --> 01:31:41.840] government says that fire brought it down however 1500 architects and engineers concluded it was a
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[01:33:09.760 --> 01:33:35.520] okay we are back randy kelton rule of law radio and we're talking to barrett in arizona
[01:33:35.520 --> 01:33:41.040] and barrett where we have gotten the most purchase here in texas
[01:33:42.640 --> 01:33:51.120] is with information requests and the information request is outside of the criminal process
[01:33:52.640 --> 01:34:03.600] but i'm sending these jurisdictions requests for requirements they must meet that for whatever
[01:34:03.600 --> 01:34:16.320] reason none of them ever meet it and when they can't provide the requirements to enforce
[01:34:17.600 --> 01:34:20.560] then we've got jurisdictions actually dropping cases
[01:34:22.560 --> 01:34:28.480] and this kind of goes to to one of the things i always look for when i'm going to take on an issue
[01:34:28.480 --> 01:34:35.360] you are you familiar with jasinowski case in foreclosure
[01:34:37.520 --> 01:34:45.360] no i haven't heard that one okay this is so insane within three years from the time you
[01:34:45.360 --> 01:34:55.360] get a mortgage if you can show that you weren't given a notice by the lender telling you that
[01:34:55.360 --> 01:35:05.520] you had a right to rescind the mortgage then you can rescind these this couple in minnesota
[01:35:06.640 --> 01:35:16.960] on the last day they could file filed a rescission claiming that at closing there were two people
[01:35:16.960 --> 01:35:24.800] there a man and his wife and they only gave them one notice and the statute required to give them
[01:35:24.800 --> 01:35:38.880] two notices now is that as nitpicking as you can get or what and somehow these bank moron moronic
[01:35:38.880 --> 01:35:49.840] lawyers let this case get all the way to the u.s supreme and the u.s supreme literally dropped the
[01:35:49.840 --> 01:36:01.280] sky on the banks i looked at that case and thought who was the moron who ever let this get to the
[01:36:01.280 --> 01:36:10.400] supreme why did these idiots not deal this out now they have an incredible roadblock to deal with
[01:36:12.000 --> 01:36:14.480] this is the kind of issue you want to look for
[01:36:14.480 --> 01:36:23.040] what can't kind of claim can we make that would undermine their entire ability to enforce the code
[01:36:24.560 --> 01:36:30.720] if they're making a lot of money with this code and they're not going to risk a ruling against them
[01:36:31.760 --> 01:36:41.440] that would interfere with their ability to enforce so i'm not asking the court to throw out the
[01:36:41.440 --> 01:36:52.080] entire transportation code i'm asking the jurisdiction to prove up the fact that they have met all the
[01:36:52.080 --> 01:36:56.800] requirements they have to meet in order to be able to enforce it and now and then prove up that it
[01:36:56.800 --> 01:37:04.880] actually applies to me so we never get to the actual issues we we don't get to the codes but i'm
[01:37:04.880 --> 01:37:12.560] asking them instead if we take this to the court of appeals and the court of appeals looks at it
[01:37:12.560 --> 01:37:18.400] and the statute says your officer must have this training in order to enforce this code
[01:37:19.120 --> 01:37:23.520] and they don't have that training and then the court of appeals rules if the officers don't have
[01:37:23.520 --> 01:37:30.880] this training they cannot enforce or what if they tow my bike and they take me to jail and
[01:37:30.880 --> 01:37:39.520] bike and they take me to jail and uh and say i go to court and i tell the judge the supreme court
[01:37:39.520 --> 01:37:49.200] has ruled i'm not for hire i'm i'm traveling you know would that work again they could just check
[01:37:49.200 --> 01:37:54.080] with the supreme court and just they'll see that it's been ruled i mean wouldn't okay you got to
[01:37:54.080 --> 01:38:02.720] understand it's not about the law it's about the money and the only thing they're going to
[01:38:02.720 --> 01:38:10.480] respond to is the money so it goes back to this notion we were taught in high school
[01:38:12.320 --> 01:38:20.480] they told you that you lived in a land of law and that was governed by inalienable
[01:38:20.480 --> 01:38:27.760] alienable rights there are no such things the courts are corrupt they're going to do what they
[01:38:27.760 --> 01:38:35.680] want to unless you can beat them up you have to give them reason not to do you really think this
[01:38:36.320 --> 01:38:43.760] local municipal judge or justice of the peace cares what the law says he cares what the
[01:38:43.760 --> 01:38:52.080] commissioner's court is saying about not producing enough income for the county this municipal judge
[01:38:52.080 --> 01:38:57.440] cares about the mayor crawling down his throat because he's not collecting enough traffic clients
[01:38:57.440 --> 01:39:04.160] that's what he cares about so if you don't find something that he cares more about
[01:39:05.440 --> 01:39:12.640] he don't care what the law says so one of my strategies is that one of the things that never
[01:39:12.640 --> 01:39:20.480] want to do is get to the fact that they told my bike because that means i have to get to the merits
[01:39:21.520 --> 01:39:28.000] you let him get to the merits now you have a judge in a position to where he can exercise
[01:39:28.000 --> 01:39:38.720] his discretion and he will always exercise it against you okay okay with that said maybe he
[01:39:38.720 --> 01:39:48.240] won't always exercise it against you but you have to conduct yourself as if he will never let him
[01:39:48.240 --> 01:39:55.360] get to the merits if you can avoid it i know you want to say i'm innocent i know you want to say
[01:39:55.360 --> 01:40:03.120] travel doesn't apply to me but if you get there the judge is going to say yes it does
[01:40:03.120 --> 01:40:09.680] yes if you can if i don't believe will that kind of help that out
[01:40:10.720 --> 01:40:14.560] wait say that again and just say i don't i'm not completely because like you need to
[01:40:14.560 --> 01:40:20.880] train that uh you know that you have jurisdiction and i didn't sign anything you know i don't know
[01:40:22.400 --> 01:40:26.480] okay if you're going to fight this fight you got to do your homework this is going to be a big fight
[01:40:26.480 --> 01:40:33.040] but don't spit in the harmon all these i and not and not know how to box exactly
[01:40:36.400 --> 01:40:44.480] uh my brother-in-law was going to a book signing by arnold schwarzenegger
[01:40:46.640 --> 01:40:49.680] and i told him you know what schwarzenegger means
[01:40:49.680 --> 01:41:00.160] schwarz means black and nega in german means negro so i want you to tell him that
[01:41:00.720 --> 01:41:07.760] i'm not going to tell him go ahead you big tough marine chicken so yeah i understand that
[01:41:08.640 --> 01:41:12.080] if you're going to fight these guys be ready for them and it's not that hard
[01:41:12.080 --> 01:41:20.400] and it's not that hard they don't do their homework they're very accustomed to people
[01:41:20.400 --> 01:41:28.480] coming in they're not knowing what they're doing and i suggest that you set them up do you play
[01:41:28.480 --> 01:41:40.320] chess barrett you're still there sounds like a challenge yeah no do you play chess yes i do
[01:41:40.320 --> 01:41:45.360] no okay this is a chess match this is a four-sided imagine you're sitting at a
[01:41:45.360 --> 01:41:54.000] four-sided chessboard you're this is assuming you have a lawyer you sit down behind the table
[01:41:54.000 --> 01:41:58.720] you've got your lawyer to your right posing counselor to your left the judge across from you
[01:41:59.840 --> 01:42:04.960] none of these people care about law you have a relationship with your lawyer your lawyer has a
[01:42:04.960 --> 01:42:09.360] relationship with the opposing counsel opposing counsel has a relationship with the judge
[01:42:09.360 --> 01:42:16.400] if you're in traffic the judge and the prosecutor have a relationship they're both here to collect
[01:42:16.400 --> 01:42:25.040] money for the municipality and that's how they're going to be evaluated not by whether or not they
[01:42:25.040 --> 01:42:30.960] follow law not by whether or not they uphold your rights rather not they collect money
[01:42:30.960 --> 01:42:38.320] you forget that you're going to lose the case you get caught up in law you're going to lose the case
[01:42:39.120 --> 01:42:45.920] everything's about the money so how do you cost them the most money
[01:42:48.720 --> 01:42:53.120] or how do you create a specter of costing them the most money
[01:42:53.120 --> 01:43:02.000] most money when i go in there i want to create a condition as i spoke to that case
[01:43:02.000 --> 01:43:08.400] of mine they threw out the reason they threw it out is the chief of police said to me mr kelton
[01:43:09.040 --> 01:43:13.040] you're not going to get the ruling you want in this court i said of course not
[01:43:14.160 --> 01:43:20.640] i don't expect to get the ruling i want in this court i want to get this issue to the u.s supreme
[01:43:20.640 --> 01:43:28.960] and get myself a ruling by the u.s supreme and the local chief of police of this local podunk
[01:43:30.480 --> 01:43:39.120] municipality he considered the prospect of the municipality having to fight me all the way to
[01:43:39.120 --> 01:43:47.200] the supreme and he called this prosecutor and told him you dismissed this case and he was right
[01:43:47.200 --> 01:43:51.360] it was going to cost them a lot of money
[01:43:53.360 --> 01:43:58.000] that's what he wants them to think that's when they'll stop missing richard hang on we'll be
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[01:46:27.840 --> 01:46:48.320] okay we are back randy kelton in the rule of law radio and we're talking to barrett in arizona
[01:46:49.920 --> 01:46:54.080] barrett i don't want to make this sound easier than it is it's not easy
[01:46:54.080 --> 01:47:02.240] yeah i've heard the the guys on youtube trying to talk to the judge and i may deny the uh the law
[01:47:02.240 --> 01:47:09.520] quite a bit okay and your whole purpose so go back let's go back to jurisdictionary
[01:47:10.480 --> 01:47:17.120] your only purpose in the trial court is to set the record for appeal
[01:47:17.120 --> 01:47:25.440] the primary duty of the trial court judge is to determine the facts in accordance with the rules
[01:47:25.440 --> 01:47:32.320] of evidence then apply the laws that comes to him to the facts in the case that's the only reason
[01:47:32.320 --> 01:47:39.360] he's there when i go into court and the court wants to do something else i get real excited
[01:47:39.360 --> 01:47:46.400] i get real excited like the court wants to have a personal attitude he can leave that at the house
[01:47:47.760 --> 01:47:52.480] because if he's going to tell me what he likes or what he doesn't like i could care less what he
[01:47:52.480 --> 01:47:59.600] likes or what he doesn't like if he tries to impose his wants or wishes on me and the court
[01:47:59.600 --> 01:48:04.800] i'm going to ask the bailiff to arrest it you are here to determine the facts in accordance with
[01:48:04.800 --> 01:48:09.920] the rules of evidence and apply the laws comes to you the facts in the case if you have another
[01:48:09.920 --> 01:48:17.520] agenda get yourself down off that bench and have yourself replaced with the competent jurist that
[01:48:17.520 --> 01:48:23.360] i have a right to in the first instance you do not want that judge coming into that court and finding
[01:48:23.360 --> 01:48:31.440] justice justice is going to be subjective i heard that you could put that a person could
[01:48:31.440 --> 01:48:38.880] um get some paperwork together and just you know like say not for hire on on the car somewhere and
[01:48:38.880 --> 01:48:46.720] then or my motorcycle whatever have you filed with the department of transportation in washington dc
[01:48:46.720 --> 01:48:55.520] as a private operator not in commerce no but i know somebody who did yeah i did when i get pulled
[01:48:55.520 --> 01:49:02.080] over i first thing i asked the officer did you run my name with the department of transportation
[01:49:02.080 --> 01:49:10.880] in dc and they always say no well you need to do so and every time i've done that they came back
[01:49:10.880 --> 01:49:21.120] and wrote me a warning i got stopped doing 40 in a 30 school zone they sent me through a detour and
[01:49:21.120 --> 01:49:27.520] the detour dumped me out through a parking lot into the middle of this school zone this cop was
[01:49:27.520 --> 01:49:31.920] sitting there waiting because people were coming into the school zone and didn't know they were in
[01:49:31.920 --> 01:49:37.600] one and he's just writing the tickets pulled me over and i've got a woman that worked for me with
[01:49:37.600 --> 01:49:45.360] me and i said uh did you run my name on the dot he said no i didn't well you might want to do that
[01:49:45.360 --> 01:49:52.000] he came back gave me a warning told me to be careful the woman that worked for me tony was
[01:49:52.000 --> 01:50:02.720] furious said well he knew he read my name found me registered with the dot as a private operator
[01:50:02.720 --> 01:50:10.240] not in commerce so the first thing i suggest you do is go online and sign up with the dot i know
[01:50:10.240 --> 01:50:18.480] eddie objects to that because he objects to government as just as a matter of perspective
[01:50:18.480 --> 01:50:25.440] he don't want anything to do with government he doesn't want to uh unintentionally agree to an
[01:50:25.440 --> 01:50:32.560] adhesion contract i kind of agree with that kind of philosophy but but yeah this might be a better
[01:50:32.560 --> 01:50:41.600] way though so how do i get a hold of the uh in washington dc yeah just go online and look up the
[01:50:41.600 --> 01:50:48.400] department of transportation dc and you can get to their website and i don't remember where it's at
[01:50:48.400 --> 01:50:54.880] but there's a place there to register with them and in the registration form there's a place there
[01:50:54.880 --> 01:51:05.520] to check if you're a private operator see if you're a farmer a big farmer and you got 50 trucks
[01:51:05.520 --> 01:51:14.000] that haul grain to the elevator those trucks are not in commerce because you're a private operator
[01:51:14.640 --> 01:51:19.920] you're hauling your own product you're not transferring product transferring product for
[01:51:19.920 --> 01:51:27.280] sale for for pay so you sign up in the same capacity
[01:51:29.600 --> 01:51:37.840] you have the licensing but you're not operating within the scope of the licensing
[01:51:37.840 --> 01:51:40.560] and i'm having a little trouble with your signal you're breaking up
[01:51:40.560 --> 01:51:50.960] okay when uh eddie craig will be on next uh wait a minute your signal is horrible i'm just getting
[01:51:50.960 --> 01:51:58.080] half of what you're saying i had i think you said eddie craig is a jerk on that no no no i said that
[01:52:00.400 --> 01:52:07.280] okay what did you say about eddie again yeah when is eddie craig on next uh on the radio
[01:52:07.280 --> 01:52:17.040] next uh monday he's on monday nights at eight eight o'clock arizona time you think uh arizona
[01:52:17.040 --> 01:52:27.360] be seven o'clock arizona time say okay monday mondays he's eight o'clock central
[01:52:28.800 --> 01:52:33.440] that's going to be a couple weeks before i get my bike running and all that okay but you need to do
[01:52:33.440 --> 01:52:41.920] your homework you're going to have a big fight in texas driving on a suspended license is a
[01:52:41.920 --> 01:52:48.880] class b misdemeanor you go to jail for it so when you take this on you want to be ready for them
[01:52:50.000 --> 01:52:57.040] right right okay well thank you okay thank you barrett okay now we're going to go to paul in
[01:52:57.040 --> 01:53:07.760] texas hello paul hello let me find the best place for my telephone oh okay is that any better
[01:53:07.760 --> 01:53:18.000] all right that sounds pretty good okay all right i got a uh i have a ticket it's uh it's a year old
[01:53:18.000 --> 01:53:27.440] it's a toll road ticket uh i didn't even know i got the ticket because i was trying to dodge those
[01:53:27.440 --> 01:53:33.040] those signs that say this is a toll road coming up but evidently they found a place to give me
[01:53:33.040 --> 01:53:41.600] this ticket okay um well i'll just give you a little bit of information off here and then
[01:53:41.600 --> 01:53:50.560] ask you a question or two um there are apparently two points that they cited me from they're both on
[01:53:50.560 --> 01:53:59.440] 290 east one is at us 183 and the other is springdale road and it looks like the uh the
[01:53:59.440 --> 01:54:09.520] bill has gone up from 73 cents each up to over 60 i have not responded in any way is there anything
[01:54:09.520 --> 01:54:16.560] i should do or should not do there probably is i have one of those it's up to 200 and i just
[01:54:16.560 --> 01:54:26.320] haven't went after to fight it yet but uh yeah you can uh file a motion to dismiss for lack of
[01:54:26.320 --> 01:54:35.120] subject matter jurisdiction these uh toll tickets i haven't looked at the specific statutory support
[01:54:35.120 --> 01:54:45.840] for it this is like red light tickets it it goes to guilt by ownership this is a much better
[01:54:45.840 --> 01:54:51.680] question to ask eddie about he studies the specifics of these issues a lot closer than i do and
[01:54:51.680 --> 01:55:03.440] a toll ticket charge is it is so specific and one of the issues i have with it is
[01:55:05.200 --> 01:55:10.880] how they get the amount so high so quickly because this really goes to a collection agency there
[01:55:10.880 --> 01:55:16.080] never is a this is the far as i know this is not a crime
[01:55:16.080 --> 01:55:19.600] this goes to an adhesion contract
[01:55:21.600 --> 01:55:25.600] okay now they've got a photograph here but i can't i can't even tell it's a car that they're
[01:55:25.600 --> 01:55:33.040] photographing nevertheless they do have my license plate number so okay you got to understand these
[01:55:33.040 --> 01:55:39.600] are large corporations and they make a lot of money doing this they don't care if it's legal or not
[01:55:39.600 --> 01:55:46.400] so you know i guess i'm asking you is there am i better to send them a letter telling you telling
[01:55:46.400 --> 01:55:52.720] them that they got the wrong person or should i just ignore it well depends on what you want to do
[01:55:52.720 --> 01:55:59.360] this will it'll put a mark on your credit uh i didn't care because i don't use credit
[01:56:00.400 --> 01:56:08.160] but if credit matters to you uh then you might look at credit and you might look at credit and
[01:56:08.160 --> 01:56:13.600] then you might look at going after them under the fair debt collections practices act
[01:56:14.960 --> 01:56:20.560] so the what i didn't get what you said fdcpa fair debt collection practices act
[01:56:21.840 --> 01:56:32.000] fdc okay on the and the toll ticket did they accuse you of violating a statute
[01:56:32.000 --> 01:56:38.400] uh i don't think so let's see they just have the
[01:56:40.640 --> 01:56:49.360] a reference number bill id license plate original bill date uh march the 16th the
[01:56:49.360 --> 01:57:00.000] violation date is not until may the 16th may the 2016 okay violation do they do they stipulate
[01:57:00.000 --> 01:57:06.720] what the what the violation is let's see
[01:57:10.320 --> 01:57:17.920] processing fee violation fee second violation fee total amount due that's nothing um
[01:57:20.960 --> 01:57:28.240] okay frankly i'm the wrong guy for this because i'm not knowledgeable in the toll ticket issue
[01:57:28.240 --> 01:57:34.960] uh the red light cameras was a little different because they were clearly accusing you of violating
[01:57:34.960 --> 01:57:40.480] a penal statute toll ticket that's strictly commercial
[01:57:43.520 --> 01:57:51.200] so there's probably a way to get rid of it and what these guys count on is it's such a small amount
[01:57:51.200 --> 01:57:55.600] relative to what it would cost you to go to court with them that most people are just paying
[01:57:55.600 --> 01:58:04.480] it so it depends on what you want to do do you just want this to go away or do you want to
[01:58:04.480 --> 01:58:11.600] fight this and have fun with it well i don't even know what to do i mean i have no idea
[01:58:12.880 --> 01:58:17.600] what to do if i want to fight it or what to do if i don't want to fight it okay that's
[01:58:17.600 --> 01:58:22.560] you have to decide if you want to fight it it'll be a fight because they make a whole lot of money to
[01:58:22.560 --> 01:58:29.200] than this and they don't want anybody getting around them so they got a lot of money to fight
[01:58:29.200 --> 01:58:35.440] you with but as a pro se litigant you've got a lot of tools to cost them a lot of money so you
[01:58:35.440 --> 01:58:41.200] have to decide what you want to do hang on about to go to break randy kelton lula radio we'll be
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