ROL_2018-09-10_16k.timecode

[00:00.000 --> 00:29.560]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce.
[00:29.560 --> 00:34.840]  Silver $16.68 an ounce. Texas Crude $65.51 a barrel.
[00:34.840 --> 00:41.000]  Bitcoin $6,902.19. Ethereum $420.80.
[00:41.000 --> 00:55.400]  Bitcoin Cash $652.90. Light Coins $114.34 a crypto coin.
[00:55.400 --> 01:02.600]  Today in History, the year 1968, President Lyndon B. Johnson signed the Civil Rights Act of 1968,
[01:02.600 --> 01:08.520]  which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:08.520 --> 01:14.360]  It also prohibited unequal application of voter registration requirements, racial segregation in public schools,
[01:14.360 --> 01:18.160]  in employment, and public accommodations for places of business.
[01:18.160 --> 01:23.840]  Today in History.
[01:23.840 --> 01:29.840]  In recent news, tensions in Syria seem to reach new levels after a chemical attack on civilians in the city of Douma,
[01:29.840 --> 01:36.560]  which left 40 dead and many injured, an attack which is being blamed on the democratically elected President of Syria, Bashar al-Assad,
[01:36.560 --> 01:43.120]  by the United States, and on Israel by Russia, either accusatory narrative without any verified evidence as of yet.
[01:43.120 --> 01:49.120]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down any and all missiles fired at Syria,
[01:49.120 --> 01:52.800]  get ready, Russia, because they will be coming in nice and new and smart.
[01:52.800 --> 01:58.480]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:58.480 --> 02:06.560]  Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[02:06.560 --> 02:13.000]  Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons
[02:13.000 --> 02:15.640]  to investigate the side of the chemical slaughter.
[02:15.640 --> 02:20.320]  Assad has been successful in maintaining rule and support during Syria's seven-year civil war,
[02:20.320 --> 02:27.600]  a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels that are openly being funded by Western governments,
[02:27.600 --> 02:32.480]  with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[02:32.480 --> 02:40.440]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook that smart missiles should be fired at terrorists
[02:40.440 --> 02:44.320]  and not at a legitimate government, which has been fighting terrorists,
[02:44.320 --> 02:51.600]  or is this a trick to destroy all traces with a smart missile strike, and then there will be no evidence for international inspectors to look at?
[02:51.600 --> 03:18.320]  This is Rick Rody with your lowdown for April 11, 2018.
[03:22.560 --> 03:28.320]  I'm sick of people being victimized by criminal cops. Psychopathic predators can't arrive in neighborhood blocks.
[03:28.320 --> 03:33.440]  They're equipped with pepper spray mates, cupcakes, and glass. They like serial killers acting out subliminal thoughts.
[03:33.440 --> 03:38.560]  Forget what you talk, these cops have got a license to kill. Witness intimidation means that they can use it at will.
[03:38.560 --> 03:44.320]  Code of silence means that the pigs will never let out a squeal. And if they go to court, they know the judge will make them a deal for real.
[03:44.320 --> 03:49.280]  That's why they're stopping me, locking me up and stopping me, confiscating my property, talking in my demography,
[03:49.280 --> 03:54.240]  making a poor commodity, profiting off a polity, and for the policy-supporting prison economy.
[03:54.240 --> 03:59.280]  Yeah, no one makes money when the violence stops. Hatin' brutality's the way to make a criminal cry.
[03:59.280 --> 04:04.880]  Blood in the gutter's how to wish whether they credit the top. That's why this is what happens when you call the cops.
[04:04.880 --> 04:10.080]  This is what happens when you call the cops. This is what happens when you call the cops.
[04:10.080 --> 04:15.200]  This is what happens when you call the cops. You get your rights violated or you all get shot.
[04:15.200 --> 04:20.320]  This is what happens when you call the cops. This is what happens when you call the cops.
[04:20.320 --> 04:25.680]  This is what happens when you call the cops. You get your rights violated or you all get shot.
[04:25.680 --> 04:26.560]  Fuck, fuck, fuck.
[04:26.560 --> 04:28.000]  Okay, what's your arrangement?
[04:28.000 --> 04:33.120]  I want to get into this system, and these things are trying to murder me. They made me. They take me. They trained them to hate me.
[04:33.120 --> 04:38.320]  They've raided the Damian, changed the slavery. Hands up, face down, left hook, right quit.
[04:38.320 --> 04:43.520]  Throw you down, hold you down, pack you with that night shit. Night shit, ride them around, see you with your J's on.
[04:43.520 --> 04:55.280]  All right folks, good evening. This is the Mungenaut rule of law radio show. It is September 10th,
[04:55.280 --> 05:00.800]  2018, if I can read that date correctly. Yep, that's what it is. All right, and we are live
[05:00.800 --> 05:10.480]  tonight. This is not Memorex, though it might be sometime in the future. Before I start taking
[05:10.480 --> 05:16.160]  calls tonight, I'd like to apologize for last week. Last week we were off because of the holiday.
[05:16.160 --> 05:21.440]  I had my brother and his wife were in town. They weren't here on that day, but I got to spend the
[05:21.440 --> 05:28.240]  day with them and everything, and it was just, it was enjoyable, hadn't seen them in a year.
[05:29.520 --> 05:34.560]  But that being said, the main reason or main thing I want to talk about tonight is this Dallas
[05:34.560 --> 05:41.600]  police shooting of this guy in his own apartment. And I'm sitting here reading the affidavit for
[05:41.600 --> 05:50.320]  arrest warrant for the female cop that killed the guy in his own apartment and how she wound up in
[05:50.320 --> 05:57.920]  the, allegedly wound up in the wrong apartment. And reading the report here raises some questions
[05:57.920 --> 06:04.960]  to me directly. Now, the way it's explained in this, at least on the first page of this,
[06:06.960 --> 06:11.600]  I didn't really say how many there are, but I can see from the picture of it, there's more behind
[06:11.600 --> 06:15.920]  it somewhere. I just don't know if all the pages are there. I haven't got that far yet. But in any
[06:15.920 --> 06:21.600]  case, just on the first page alone, there are a couple of questions. First off, this is a police
[06:21.600 --> 06:30.320]  officer with four years on the job who is supposed to be capable of observation because they have
[06:30.320 --> 06:36.480]  to go to court and testify to the facts in cases where they charge people with crimes of any kind.
[06:36.480 --> 06:42.720]  And therefore, they're required to be observant. They're required to know what the facts are
[06:42.720 --> 06:50.400]  if they're going to testify to them in those kinds of cases. Now, this officer apparently
[06:50.400 --> 06:57.040]  was just getting off duty and had came to the apartment complex in which she lived,
[06:57.600 --> 07:05.200]  but for some reason did not notice that she had parked one floor too high in the parking garage
[07:05.760 --> 07:11.520]  where she had been living all this time. She didn't notice that she was on the fourth floor
[07:11.520 --> 07:18.960]  rather than the third floor. Now, unless something has changed in recent years, most apartment complexes,
[07:18.960 --> 07:27.120]  especially even parking garages, have the floor number or the level number painted next to the
[07:27.120 --> 07:36.080]  elevator so that you can tell what level you're on getting on and off the elevator. And the stairs,
[07:36.080 --> 07:41.600]  if you take those, are generally in the same proximity as the elevator and the same proximity
[07:41.600 --> 07:50.640]  of that large painted level sign. So at no point was this officer observant of her surroundings
[07:50.640 --> 07:56.480]  to the point of not recognizing that she was on the wrong level of her own apartment complex.
[07:57.920 --> 08:02.400]  Now, the report goes into great detail to make it appear that this was an honest mistake,
[08:02.400 --> 08:07.280]  which it very well could have been, but that does not answer the questions that I have off of this
[08:07.280 --> 08:15.200]  first page. They say that the exterior of the apartments look virtually identical. Therefore,
[08:15.200 --> 08:20.160]  the officer should not have been able to tell them apart. So obviously, she didn't bother to look at
[08:21.040 --> 08:28.400]  the actual apartment number that is either directly on the door or directly next to the door
[08:28.400 --> 08:35.520]  to recognize that she was trying to enter the wrong apartment. She stuck a unique key that fits
[08:35.520 --> 08:40.960]  these apartments into the lock and the door opened, not because it was locked, but because it was
[08:40.960 --> 08:48.880]  already partially open according to this report, which doesn't make any sense based upon what comes
[08:48.880 --> 08:57.760]  next in this report. That is that when she pushed open the door, the interior of the apartment was
[08:57.760 --> 09:05.760]  completely dark. Now, I could think of only two reasons why that would be with this man being at
[09:05.760 --> 09:13.680]  home. Either it was late and he was already in bed and had not properly secured his own front door,
[09:15.840 --> 09:26.320]  or she was not expecting anyone to be home. I mean, let's think about that. You push open the
[09:26.320 --> 09:30.000]  apartment and they're saying that the reason she didn't immediately recognize she was in the wrong
[09:30.000 --> 09:36.000]  apartment was because the lights are off. Yet, this guy is standing inside silhouetteing himself
[09:36.800 --> 09:45.440]  for her to shoot at. Now, it doesn't give a time lapse as to how long it was from the time she
[09:45.440 --> 09:51.920]  pushed the door open until the shots were fired. It doesn't give us any sort of time indicator,
[09:51.920 --> 09:57.120]  but it appears to follow almost immediately upon the heels of her opening the door. Now,
[09:57.120 --> 10:04.400]  if the guy was home and already asleep, why would he have gotten up and be in that area that fast,
[10:04.400 --> 10:08.320]  that close to the door? That would be problem number one, depending on how the apartment is
[10:08.320 --> 10:15.840]  laid out. But in most apartments I've ever seen, the main bedroom is not at the front door. It's
[10:15.840 --> 10:22.000]  usually down at the back side of the apartment and the living area and the kitchen and place like
[10:22.000 --> 10:26.720]  that are on the front of the apartment. So, he would have been at least at the other end of a
[10:26.720 --> 10:35.040]  hallway when this began in a room. Now, according to what they're writing and considering that this
[10:35.040 --> 10:41.520]  gentleman is dead and can't tell us why he was standing where he was standing, the report makes
[10:41.520 --> 10:49.360]  the presumption that he heard her open the door and that's why he is out of the bed, if that's
[10:49.360 --> 10:59.600]  why he's, if that's where he was in the first place. Okay? Now, if the man had just gotten home
[11:00.800 --> 11:07.120]  from grocery shopping or his own job or whatever and had his arms full or whatever else and had
[11:07.120 --> 11:12.640]  just walked into his own apartment and hadn't fully closed the door because he was about to go out
[11:12.640 --> 11:19.200]  or he just couldn't because his hands were full, that would be the second reason why the door might
[11:19.200 --> 11:25.600]  be slightly ajar and why the lights were off. But that would mean that he would already be up
[11:27.040 --> 11:35.040]  and in the vicinity of the front door when she pushed it open. Okay? Which means he would have
[11:35.040 --> 11:39.920]  had to come out more than likely one of the front rooms into the area where he got shot.
[11:42.320 --> 11:49.200]  Now, all that is possible under the theme that this was an honest mistake.
[11:50.960 --> 11:59.360]  But here is something in the report that makes me ponder that. It says that as soon as the shooting
[11:59.360 --> 12:09.040]  occurred, the female officer immediately went to the phone to call 911. Now, first off, that would
[12:09.040 --> 12:14.560]  tell me that she knew where the phone in this guy's apartment was unless she used her cell phone,
[12:14.560 --> 12:22.000]  which it does not say actually. Let's see, entered the apartment immediately called 911.
[12:22.640 --> 12:27.680]  So it doesn't tell us what phone was used to call 911, whether it was her cell phone or it was a
[12:27.680 --> 12:34.800]  landline inside of the apartment. Okay? Let's presume for just a second that it's a cell phone.
[12:35.520 --> 12:43.520]  Okay? She calls 911. But it says right here upon being asked where she was located,
[12:44.400 --> 12:51.200]  she went to the front door to observe the address and discovered she was in the wrong apartment.
[12:51.200 --> 12:59.840]  Now, I have to ask a question based upon that statement. If she believed she was in her apartment,
[13:00.560 --> 13:05.200]  why did she have to go to the front door to figure out the address?
[13:07.680 --> 13:15.040]  That is a red flag to me. She would have either had to have known
[13:15.040 --> 13:22.720]  after, immediately after the shooting that she was in the wrong apartment or she knew when
[13:22.720 --> 13:29.280]  she entered she was in the wrong apartment but didn't know the number or this is the stupidest
[13:29.280 --> 13:41.360]  cop on planet earth. She didn't know the apartment number. She had to go to the door and check. Why?
[13:41.360 --> 13:48.960]  If this was presumably her apartment and she did an honest shooting based upon that presumption
[13:48.960 --> 13:57.440]  that she was killing an intruder, why did 911 call require her to go to the door to read the number?
[13:57.440 --> 14:08.960]  Especially considering that her apartment was directly below the one where she killed the man.
[14:13.360 --> 14:19.120]  That's just one of the red flags that I have seen in this at the moment. That does not make
[14:19.120 --> 14:26.560]  sense to me. That statement tells me that she had no reasonable belief that she was in her
[14:26.560 --> 14:32.800]  apartment. She had to go verify which one she was in.
[14:36.080 --> 14:42.080]  So either the timeline is distorted because there's events that are taking place that she
[14:42.080 --> 14:48.880]  is not talking about where she discovers that she's in the incorrect apartment and now doesn't know
[14:48.880 --> 14:57.440]  for sure and has to go to the door to verify it in which case there's omissions in her statement
[14:57.440 --> 15:02.640]  and in this report that raise other questions as to whether or not we're getting the whole truth here
[15:05.600 --> 15:10.880]  or she knew she was in the wrong apartment. She just didn't know which apartment.
[15:10.880 --> 15:21.600]  At least not by the course of the number. So given that we have to figure out,
[15:21.600 --> 15:26.880]  let's see, it says that Geiger believed she was in her apartment and confronted by a
[15:26.880 --> 15:33.600]  burglar when she fired her handgun striking and killing him. Yet upon being asked where
[15:33.600 --> 15:40.320]  she was located by emergency dispatchers, Geiger returned to the front door to observe the address
[15:40.320 --> 15:47.920]  and it was only then that she discovered she was in the wrong apartment according to this report.
[15:48.560 --> 15:55.280]  So that tells me that there's not, there isn't a timeframe in there where she became aware beforehand
[15:55.840 --> 15:57.840]  that she was in the wrong apartment, right?
[16:01.040 --> 16:05.600]  So something here isn't yelling right. It's just not.
[16:05.600 --> 16:14.240]  It is inconsistent to say I'm in my own apartment and I just shot a burglar and then have to go to
[16:14.240 --> 16:19.920]  the front door to tell them what that apartment number is. There's a problem there.
[16:22.480 --> 16:26.560]  Sorry for the crunching sound. My boy got a beef bone today and he's over here being very happy with
[16:26.560 --> 16:36.640]  it. Hey, take that over there. So that's something that I hope someone is going to take notice of
[16:37.200 --> 16:46.080]  an issue with and want some clarification on because if not, then this is some sloppy investigating
[16:46.080 --> 16:52.480]  because that, that should not have to have been the way the facts played out.
[16:52.480 --> 16:57.280]  All right folks, y'all hang on and we're going to take a break and I'll be right back.
[17:03.680 --> 17:10.800]  It's the 2018 Logos Radio Network annual fundraiser and gun giveaway sponsored by Central Texas Gunworks.
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[17:30.560 --> 17:37.280]  Legal 101, you get four chances to win. Purchase Eddie Craig's Traffic Seminar and get 10 chances
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[18:00.480 --> 18:04.960]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[18:57.520 --> 18:59.920]  To learn how to stop debt collectors next.
[18:59.920 --> 19:08.320]  You are listening to the Logos Radio Network. LogosRadioNetwork.com
[20:30.880 --> 20:40.400]  All right folks, we are back. This is rule of law radio. The call-in number is 512-646-1984.
[20:41.440 --> 20:45.280]  If you want to call in, get a line and have a question or whatever and want to talk about
[20:45.280 --> 20:50.400]  what I'm talking about, then let's get you on the board. The phone lines are now open. I did have
[20:50.400 --> 20:56.080]  them off, but now they are open. And as soon as I have callers up on the board, I will start talking
[20:56.080 --> 21:10.960]  to you. But out of what I see in this, that just makes no sense to me, okay? I am by no
[21:10.960 --> 21:19.440]  being Sherlock Holmes, but I'm also not brain-dead Larry Holmes. I hadn't been hitting the head
[21:19.440 --> 21:24.880]  so much that that makes sense to me when I read it that she should not know what apartment she's
[21:24.880 --> 21:30.960]  in if she honestly believed she was in her apartment and that she would actually have
[21:30.960 --> 21:39.200]  to go to the front door to get the number to give to 911 emergency response if she honestly
[21:39.200 --> 21:45.200]  believed she was in her apartment and she didn't discover until she did that that she was not in
[21:45.200 --> 21:55.120]  her apartment. That just does not make sense, okay? Big problem there. Somebody needs to be
[21:55.120 --> 22:01.040]  thinking about that. Somebody needs to be looking at it. All right, that being said,
[22:01.040 --> 22:06.000]  I got a couple of callers up on the board. We have Larry in Arizona. Larry, what do you got?
[22:06.000 --> 22:13.360]  Good evening, Eddie. Eddie, I just have a quick question about a speeding statute.
[22:14.800 --> 22:22.880]  It's the section of the statute about the charging violation, and it says the provision
[22:22.880 --> 22:29.440]  of this article declaring maximum speed limitations does not relieve the plaintiff
[22:29.440 --> 22:38.000]  in any civil action other than a civil action to impose a civil penalty from the burden.
[22:38.000 --> 22:42.640]  Wait, wait, wait, wait, wait. This statute is relating to what?
[22:44.160 --> 22:49.520]  Speeding. Okay, but you were saying something about the penalty of it before you started reading.
[22:49.520 --> 22:58.560]  Yes. Okay, yes. There's a provision of this article declaring maximum speed limitations
[22:58.560 --> 23:05.040]  doesn't relieve the plaintiff in any civil action other than a civil action to impose
[23:05.040 --> 23:11.520]  a civil penalty from the burden of proving negligence on the part of the defendant as
[23:11.520 --> 23:16.560]  approximate cause of the accident. Right, and that goes to what I said every single time.
[23:16.560 --> 23:24.400]  Every state that has prima facie speed limits, I guarantee you contains a clause somewhere
[23:24.400 --> 23:32.720]  that requires damage to another person or vehicle already lawfully upon or entering the highway
[23:32.720 --> 23:38.720]  via a collision and that the reason for the collision was failure to maintain control of
[23:38.720 --> 23:48.480]  your car due to speed. And that right there is absolute confirmation that in whatever state
[23:48.480 --> 23:54.560]  statute you're reading, that is exactly how it operates. Yeah, now it's Arizona statute. The part
[23:54.560 --> 24:01.840]  that confuses me is this little part between the commas other than a civil action to impose
[24:01.840 --> 24:08.960]  a civil penalty. Right, someone can sue you for it. Someone can sue you for the damages that you
[24:08.960 --> 24:15.440]  caused because of that collision. Okay, so it doesn't have anything to do with the court
[24:15.440 --> 24:24.160]  imposing a civil penalty. No. Okay, that's where I was getting tripped up. Okay, Eddie,
[24:24.160 --> 24:30.560]  that's all I needed to know this evening. Now, I am going with that statement based upon what
[24:30.560 --> 24:35.600]  I'm hearing you say. If I actually saw it in black and white, I might read it differently,
[24:35.600 --> 24:40.560]  but don't read just that statute. You need to read everything else that pertains to it so
[24:40.560 --> 24:46.880]  you can see whether or not that's really hit the way it works. Never ever read just the statute.
[24:46.880 --> 24:53.600]  Read all of the statutes relative to the same information because I read them all in that
[24:53.600 --> 25:00.880]  article. Yeah, but not just in that article. There may be entirely different articles that deal with
[25:00.880 --> 25:05.760]  the results of speeding and so on and so forth and collisions and so on and so forth
[25:05.760 --> 25:11.440]  that may have to operate in conjunction with that article. That's what I'm saying.
[25:11.440 --> 25:17.120]  Don't read just the one article. Read everything that pertains to speeding or collisions
[25:18.080 --> 25:24.000]  or harms or civil penalties relating to harms so that you get a complete and clear picture
[25:24.000 --> 25:31.200]  of what is being said here. In fact, look and see if that particular article has a definition
[25:31.200 --> 25:40.240]  section that defines what a civil action or civil penalty is. Okay. Will you have me
[25:40.240 --> 25:45.680]  pointed in the right direction? I will start on it. Okay. I appreciate your ideas. Yes, sir.
[25:46.880 --> 25:53.920]  You have a good night. Thanks for calling. You too. All right. Now we have Shawn in Nebraska.
[25:53.920 --> 26:02.240]  Shawn, what's the weather like in Nebraska? Oh, not too bad by low 70s. Well, it's high 70s.
[26:02.240 --> 26:05.600]  It's actually low 70s here right now for the first time in many weeks.
[26:06.720 --> 26:14.000]  We've had some cool weather lately, really, so I'm not complaining, but so just a quick
[26:14.000 --> 26:19.360]  question for you. Yes, sir. I called a few weeks ago on this complex
[26:19.360 --> 26:30.160]  issue I had going on, and I filed a petition for complaint and injunction with the federal court
[26:30.160 --> 26:37.040]  regarding an excessive bond used coercively in order to get me signed a plea agreement.
[26:37.040 --> 26:43.040]  I don't know if you remember that one. Yes, sir. Okay. And I filed it with the state,
[26:43.040 --> 26:47.440]  and the court didn't know exactly what to do with it, so I got sent back. I filed it last
[26:47.440 --> 26:52.720]  Wednesday. I was under the impression that the judge would like take a look at it and see if
[26:52.720 --> 26:57.760]  there's anything there to proceed with or, you know, that might get looked into. Well, I get a
[26:57.760 --> 27:05.040]  phone call from my public pretender today, and he's not happy. He says, I'm looking at a federal
[27:05.040 --> 27:12.320]  lawsuit, and you still have sentencing coming up. And I said, oops. I said, well, the judge
[27:12.320 --> 27:20.320]  isn't supposed to retaliate, is he? Well, no, he's not supposed to, but so I'm not sure if I,
[27:21.120 --> 27:25.760]  now immediately I wanted to run down there and, you know, have a dismissed and everything else,
[27:25.760 --> 27:31.680]  but I don't know if that just leaves me even more high and dry at, you know, I don't know if I should
[27:31.680 --> 27:39.120]  have a dismissed or just go with it. I mean... Well, what do you want to do when it's over?
[27:39.120 --> 27:44.640]  Do you want to be able to sue somebody or not? Yeah. Then you have to play it through,
[27:44.640 --> 27:48.400]  because you don't have a malicious prosecution suit until you've been prosecuted.
[27:49.840 --> 27:54.320]  Oh, okay. You don't have an abuse of official capacity suit until you've been prosecuted.
[27:56.160 --> 28:02.720]  So I was moved. Okay. Your rights have not actually been violated in relation to due
[28:02.720 --> 28:06.720]  process and everything else with the possible exception of search and seizure beforehand,
[28:06.720 --> 28:15.040]  unless they prosecute you. So again, what outcome you want depends upon what you need to do.
[28:16.720 --> 28:22.400]  Well, can I dismiss it for now in order so that the judge doesn't try and hold it against me or
[28:24.160 --> 28:27.520]  and then refile it later? I mean, would that be an option or not?
[28:27.520 --> 28:39.280]  You're talking about what you filed? Yeah. Again, you have to look at what do you intend to do
[28:39.280 --> 28:46.240]  about what you filed? Do you intend to stop the case in its tracks? Do you intend to put it into
[28:46.240 --> 28:49.680]  the record so that you have it there for appeal? What are you going to do with it?
[28:49.680 --> 28:59.520]  I initially wanted to stop it in its tracks, but my court date for that is not until after
[28:59.520 --> 29:03.840]  sentencing me anyways. How can you be sentenced when you haven't gone to court?
[29:06.400 --> 29:12.480]  No, I was incarcerated for nine months, and then they offered me a plea deal and
[29:12.480 --> 29:22.240]  stipulated that I wouldn't appeal on sufficiency of evidence, and they let me out on bond.
[29:24.000 --> 29:29.040]  There's already Supreme Court case law that says they cannot make you sign an agreement to
[29:29.040 --> 29:33.040]  waive your right to an appeal if you can prove they falsely convicted you.
[29:35.040 --> 29:38.240]  Well, he said I could appeal. He just said that...
[29:38.240 --> 29:44.400]  Um... No, that's the thing. When he says that you can't do it based on the sufficiency of
[29:44.400 --> 29:50.480]  evidence, etc., etc., he's telling you the exact opposite of that. Just exactly how do you intend
[29:50.480 --> 29:56.400]  to appeal if it's not on insufficient evidence? Yeah, he said I could appeal sentencing and I could
[29:56.400 --> 29:59.600]  appeal the... Yeah, that's not the same thing. Hang on just a second.
[30:02.880 --> 30:07.920]  A 16-year-old boy made a YouTube video describing how police states threaten freedom.
[30:07.920 --> 30:12.720]  It earned him an A-plus from his high school teacher and a visit from the FBI.
[30:12.720 --> 30:15.680]  I'm Dr. Cameron Albrecht, back with details in a moment.
[30:16.480 --> 30:22.080]  Privacy is under attack. When you give up data about yourself, you'll never get it back again,
[30:22.080 --> 30:26.480]  and once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.120 --> 30:32.480]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.480 --> 30:37.920]  Privacy, it's worth hanging onto. This message is brought to you by StartPage.com,
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[30:45.520 --> 30:51.600]  In Maine, 16-year-old Justin Holman made a two-minute YouTube video for his American government class.
[30:51.600 --> 30:56.800]  The clip showed military parades in North Korea, military drills in American cities,
[30:56.800 --> 31:01.600]  and TV reporters wondering aloud whether the Republican Party had disenfranchised
[31:01.600 --> 31:08.400]  presidential candidate Ron Paul. Justin got an A-plus, but then he got a visit from FBI agents.
[31:08.400 --> 31:13.280]  They grilled him on his hobbies and the video, and then Justin says they tried to recruit him
[31:13.280 --> 31:19.680]  as an informant. He declined. Are federal agents really interrogating suburban kids?
[31:19.680 --> 31:24.880]  Sounds to me like Justin's video on government abuse may have struck a little too close to home.
[31:24.880 --> 31:29.440]  I'm Dr. Cameron Albrecht for StartPage.com, the world's most private search engine.
[31:29.440 --> 31:36.480]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:36.480 --> 31:42.000]  The government says that fire brought it down. However, 1,500 architects and engineers concluded
[31:42.000 --> 31:46.320]  it was a controlled demolition. Over 6,000 of my fellow service members have given their lives.
[31:46.320 --> 31:50.480]  And thousands of my fellow force responders are dying. I'm not a conspiracy theorist.
[31:50.480 --> 31:52.880]  I'm a structural engineer. I'm a New York City correction officer.
[31:52.880 --> 31:55.440]  I'm an Air Force pilot. I'm a father who lost his son.
[31:55.440 --> 32:00.800]  We are Americans, and we deserve to go to RememberBuilding7.org today.
[32:02.560 --> 32:06.560]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. In today's America,
[32:06.560 --> 32:10.400]  we live in a us against them society, and if we, the people, are ever going to have a free society,
[32:10.400 --> 32:14.160]  then we're going to have to stand and defend our own rights. Among those rights are the
[32:14.160 --> 32:17.680]  right to travel freely from place to place, the right to act in our own private capacity,
[32:17.680 --> 32:22.240]  and most importantly, the right to do process of law. Traffic courts afford us the least expensive
[32:22.240 --> 32:26.000]  opportunity to learn how to enforce and preserve our rights through due process.
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[32:30.080 --> 32:33.840]  comprehensive teaching tool available that will help you understand what due process is,
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[32:58.080 --> 32:59.040]  all want and deserve.
[32:59.040 --> 33:19.040]  Live, free speech radio, logosradionetwork.com.
[33:29.040 --> 33:49.040]  Don't stop me.
[33:49.040 --> 34:11.200]  Alright folks, we are back. This is Rule of Law Radio, the calling number 512-646-1984.
[34:11.200 --> 34:15.680]  We are talking with Sean in Nebraska. Alright Sean, continue please.
[34:15.680 --> 34:21.520]  Okay, I think the case you are referring to was Garza v. Idaho, is that right?
[34:23.280 --> 34:27.440]  The Supreme Court case regarding the appeal issue?
[34:27.440 --> 34:32.560]  Yeah, well I'm not sure what the case is, but yeah, I know there is the case. I read it.
[34:32.560 --> 34:34.960]  I just don't recall what the name of it is.
[34:34.960 --> 34:41.360]  Yeah, his attorney didn't, he asked his attorney to file the appeal, and then his attorney did not.
[34:41.360 --> 34:46.480]  And I wasn't sure how. No, no, no. This had to do with the plea agreement,
[34:46.480 --> 34:51.120]  where part of the plea agreement was that he would not seek an appeal. Even if they didn't
[34:51.120 --> 34:57.840]  have the evidence or anything else necessary to convict him, he had to agree to not appeal.
[34:57.840 --> 35:02.720]  And he appealed anyway. And they tried to argue that he had no right of appeal,
[35:02.720 --> 35:05.920]  because he waived it with the plea agreement. Okay.
[35:05.920 --> 35:12.560]  Okay. So, there is a case out there that says very clearly that is not how our justice system
[35:12.560 --> 35:18.240]  works. You cannot force someone accused of a crime to waive their right to an appeal
[35:18.240 --> 35:20.880]  if you didn't have the evidence to convict them in the first place.
[35:22.480 --> 35:31.680]  Okay. All right. So, if I were to get this stayed, you know, it wouldn't be indefinite,
[35:31.680 --> 35:38.480]  I imagine it'd be until they sorted it all out. But unfortunately, in the Supreme Court case,
[35:38.480 --> 35:45.280]  like you said, I'm not done yet. So, I'm not technically convicted. I don't know how that
[35:45.280 --> 35:52.560]  would work. I wouldn't know how to play that in limbo. But what's the next process after filing
[35:52.560 --> 36:00.240]  the petition? What do you do after that is there's some sort of hearing I saw. But I suppose I
[36:00.240 --> 36:06.160]  argue my point or my case. What depends on whether or not there's oral argument involved.
[36:06.160 --> 36:10.720]  They may ask for everything in writing and not provide any opportunity for oral argument,
[36:10.720 --> 36:14.080]  which is why you better have it down pat in both places before you start.
[36:17.680 --> 36:23.840]  I might not be qualified for this. So, maybe I should just have it dismissed and pray they don't
[36:23.840 --> 36:29.920]  retaliate in some manner. I think Randy says don't poke the bear.
[36:31.200 --> 36:35.840]  Well, there is a time to poke the bear and then there's a time not to. The time not to is when
[36:35.840 --> 36:41.280]  he's wide awake and you're stuck in the same cave with him. And I think that's where I'm at.
[36:42.560 --> 36:47.440]  And I unintentionally poke the bear. So, I guess I'm just trying to mitigate that.
[36:47.440 --> 36:54.480]  Well, I wish you luck. All right. Thanks. Yes, sir. Thanks for calling. All right.
[36:56.480 --> 37:00.880]  All right. Now we have Tim in Texas. Tim, what can we do for you?
[37:03.360 --> 37:07.040]  I think I've talked to you a few times. I've talked to Randy quite a bit.
[37:08.000 --> 37:13.360]  The case where I had to do a writ of mandamus with the appeals court.
[37:13.360 --> 37:17.440]  You had to do a writ of mandamus for what?
[37:18.720 --> 37:25.040]  For, well, the original administrative hearing that they did in our municipal court
[37:26.320 --> 37:33.520]  and they fined me $8,000 for health and safety hazard. They said eight junk vehicles.
[37:33.520 --> 37:37.280]  Okay. Well, that's good. That's a good refresher for me because you're not the only Tim that ever
[37:37.280 --> 37:41.600]  calls in. So, I need to make sure who I'm talking about about what. Okay. All right. Sorry about
[37:41.600 --> 37:54.880]  that. But anyway, so when they came back, they dismissed the $8,000, but the $80,000 fine for
[37:54.880 --> 38:02.480]  the injunction that they granted because of emergency restraining order on the health and
[38:02.480 --> 38:08.320]  safety hazard. They've never proved anything in court, but the district judge went ahead and gave
[38:08.320 --> 38:18.720]  it to them. So, we're going to appeal it. But the thought crossed my mind was that
[38:19.520 --> 38:31.360]  the law firm that took it to civil court last October, but their employed attorney is also
[38:31.360 --> 38:38.480]  the prosecutor for the city that set up this frivolous administrative hearing. But yet, they
[38:38.480 --> 38:46.160]  didn't take the two and put them together and throw them all out, if you see my point. So,
[38:46.160 --> 38:52.480]  for us to be able to appeal this, it would seem that they would have just said, you know, maybe
[38:52.480 --> 38:58.880]  this was based on something frivolous from the beginning and to start all over, but they didn't.
[38:58.880 --> 39:08.800]  So, I don't know. You will never get them to admit without raising the issue that they
[39:08.800 --> 39:14.720]  made a mistake. That's just not going to happen. That is why you have to appeal.
[39:15.760 --> 39:23.200]  Yeah. So, regardless of what they've done, you have to show why it's wrong and how you were
[39:23.200 --> 39:31.680]  harmed by it and that you are entitled to relief because of it. Yeah. Well, in the meantime,
[39:35.440 --> 39:39.600]  I've had several things. When this all started, we tried to get the
[39:42.160 --> 39:47.680]  keeper of records, which is the city administrator. She's the one that initiated all this to begin
[39:47.680 --> 39:55.840]  with. She began to not answer questions in our records request, and then she started trying
[39:55.840 --> 40:05.120]  to charge us. Well, it took us 11 weeks for the attorney general finally to say that we were right
[40:05.120 --> 40:09.600]  and she was wrong, but there was nothing they were going to do to her because they said there's
[40:09.600 --> 40:14.400]  nothing in the law that allows them to do anything to her. They said, I could take her to court over
[40:14.400 --> 40:22.720]  this. Actually, there is. 552.353 says there is. That's criminal charges when someone does that
[40:22.720 --> 40:32.640]  under the Information Act. Okay. 353. Yeah. Okay. And then also, here's the other thing,
[40:32.640 --> 40:41.680]  is that last year, we were trying to get three people in open seats for an election. So,
[40:41.680 --> 40:49.600]  before then, that was May, but before then, they had two open seats, two married couple,
[40:49.600 --> 40:55.840]  had gotten sideways with one another, and so they both got off the council. And so,
[40:55.840 --> 41:01.840]  there was two seats open, so they were going to have to have an election. So, she was also the
[41:01.840 --> 41:07.680]  election official for the city. So, what they did, the friend of mine that wanted to get on,
[41:07.680 --> 41:16.000]  he put his name in the hat to run for election. Nobody else ran. So, they said, okay, well,
[41:16.000 --> 41:21.280]  we'll just appoint you to a seat. Well, there was two open seats. So, they appointed the same
[41:21.280 --> 41:27.600]  night that they appointed him to a seat, they appointed a guy who was on the administrative
[41:27.600 --> 41:40.320]  board that finds me the $8,000. So, it looks like they kind of meddled with election law to make
[41:40.320 --> 41:45.920]  sure that they didn't have to hold an election and then get whoever they wanted to in the other
[41:45.920 --> 41:51.520]  extra seat. That would appear to be the case. Why was there no election?
[41:51.520 --> 41:59.440]  There was no election because there was only one person who signed up for the election. And that
[41:59.440 --> 42:05.360]  was my friend. But the same night that he was appointed, they appointed the guy that was on
[42:05.360 --> 42:12.480]  the other team. So, it looks like. So, I thought, well, maybe we should launch an investigation
[42:13.200 --> 42:19.280]  through, anonymously, through the election, I don't know if it's an election committee or
[42:19.280 --> 42:25.920]  the attorney general. I don't know who's over the election. We've called the one here in our county
[42:25.920 --> 42:33.440]  in Decatur. Well, as the secretary of state, they would probably know. Yeah, they hardly ever get
[42:33.440 --> 42:39.120]  back to you and then they act like they act like they're college students just trying to get remedial
[42:39.120 --> 42:44.880]  credit. Yeah, but that's why you don't, you call and ask someone that's responsible up there,
[42:44.880 --> 42:51.360]  call, don't write. Right. So, anyway, the city administrator is now on leave
[42:53.840 --> 43:00.560]  while there's an investigation into her misconduct for nepotism. She hired her son
[43:01.200 --> 43:11.120]  and her husband for part-time work. And she had been asked two or three times by a councilman.
[43:11.120 --> 43:16.480]  Three, you know, people would say something on Facebook about it. And the councilman would call
[43:16.480 --> 43:20.560]  and ask her specifically and she would say, no, I haven't hired my son. And he would come back
[43:20.560 --> 43:26.640]  on Facebook and say, no, she has not hired her son. So, she's on leave for that. So,
[43:26.640 --> 43:32.240]  she's probably going to get backed. But for the rest of it, I'm thinking because of how nasty
[43:32.240 --> 43:42.160]  this election got. And plus, I was in litigation the entire time with the city over this that they
[43:42.160 --> 43:48.880]  may have been twisting things and it looks pretty nasty. Well, wouldn't be the first time.
[43:51.040 --> 43:54.240]  All right. Well, hang on just like I got a break and we'll finish up. Okay. All right,
[43:54.240 --> 44:03.200]  folks, y'all hang on. We'll be right back. Are you the plaintiff or defendant in a lawsuit?
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[44:10.080 --> 44:17.120]  course that will show you how in 24 hours, death by step. If you have a lawyer, know what your
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[44:56.080 --> 45:07.280]  or call toll free 866-LAW-EZ. Hello, my name is Stuart Smith from naturespureorganics.com
[45:07.280 --> 45:12.480]  and I would like to invite you to come by our store at 1904 Waterloo Street Sweet D here in
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[46:14.080 --> 46:26.080]  We're moving into the street. I'm taking the news today. They say the danger has gone our way
[46:26.080 --> 46:38.080]  but I can see the fires in the light burning into the night. There's too many men, too many people speaking
[46:38.080 --> 46:48.080]  too many problems, and I'm about to love you around. I can see this is the land of the future.
[46:52.080 --> 46:56.080]  This is the world we live in.
[46:56.080 --> 47:04.080]  Alright folks, we are back. This is Robelaw Radio, the calling number 512-646-1984.
[47:04.080 --> 47:08.080]  We're currently speaking with Tim in Texas. Alright Tim, go ahead.
[47:08.080 --> 47:16.080]  Well, it just looks to me like the entire, you know, as far as code enforcement because that's what it was all about.
[47:16.080 --> 47:24.080]  But they never proved anything. They just basically ran everything through and when I'm looking back at it, I can see that
[47:24.080 --> 47:36.080]  because they got an injunction, that's what they got their $80,000 from. And then after the, what do you call it?
[47:36.080 --> 47:47.080]  The appeals, the writ of mandamus, I tried to get the judge disqualified and the circuit judge or whatever you call him came in
[47:47.080 --> 47:59.080]  and he, they got $2,800 out of me for that saying that sanctioned me because I didn't have, that he had just made a mistake
[47:59.080 --> 48:05.080]  by filing me the $8,000. In other words, he didn't really ever look at any of the facts of the case.
[48:05.080 --> 48:11.080]  He just went along with them and I've heard that's what they do anyway in the lower courts.
[48:11.080 --> 48:17.080]  Again, that's why you've got to make sure that record's ready for appeal.
[48:17.080 --> 48:19.080]  I certainly hope so.
[48:19.080 --> 48:22.080]  Okay, I'll leave you for the evening.
[48:22.080 --> 48:33.080]  Alright. Thanks for calling in. Alright, now our next caller up is John in New York. John, what do you have?
[48:33.080 --> 48:44.080]  Hi. Thank you very much, Eddie. Got a couple of things. I'll be real fast. Situation one, my relative had gotten a seatbelt ticket requested a
[48:44.080 --> 48:54.080]  deposition. He never got the deposition. Then he went to court at 5 p.m. on August 29th and he swears he heard the judge say 5 p.m.
[48:54.080 --> 49:03.080]  found out the session had taken place 9 a.m. earlier that day. And we all thought the judge said 5 p.m. That's the usual time.
[49:03.080 --> 49:13.080]  So my relative left the judge a note when he did come in. He came in 45 minutes early and he showed up at 5 o'clock, actually 4.15.
[49:13.080 --> 49:18.080]  So what do we do next? All the judge has to say is you blew it, you'll lose by default.
[49:18.080 --> 49:22.080]  Okay. Run that bomb you one more time.
[49:22.080 --> 49:33.080]  Okay. My relative got a seatbelt ticket, requested a deposition, never got the deposition. Then he went to court on August 29th at 5 p.m.
[49:33.080 --> 49:39.080]  and they told him that the session was at 9 a.m. earlier that day.
[49:39.080 --> 49:45.080]  What time was he given in writing to report to the court?
[49:45.080 --> 49:47.080]  I think it was 5 p.m.
[49:47.080 --> 49:50.080]  Well, don't think no.
[49:50.080 --> 49:56.080]  All right. I've got it. I can't get to the ticket. I've got it in my phone. I can't get to it right now.
[49:56.080 --> 50:02.080]  But if it was at 5 p.m.
[50:02.080 --> 50:10.080]  Then you have an actual complaint against that judge for fraud and deprivation of rights under color of law.
[50:10.080 --> 50:17.080]  They can't tell you to report at 5 and then tell you that you had to be there at 9 a.m.
[50:17.080 --> 50:20.080]  Now, is that written on the ticket? Would you know?
[50:20.080 --> 50:25.080]  I don't live in New York. I don't know what they're required to put on their tickets. I would not know.
[50:25.080 --> 50:34.080]  Most likely, yeah, it's on something they were given or something they received afterwards. But you better have it whatever it is.
[50:34.080 --> 50:41.080]  Yeah, that's right. All right. Okay. That probably solves that problem. Am I right?
[50:41.080 --> 50:45.080]  Well, I don't know if it solves it or not, but it gives you something to look for.
[50:45.080 --> 50:59.080]  Right. That's correct. Okay. Situation two. I had told you you had helped me with a 35-year-old OCD woman, obsessive compulsive, that she called 911 300 times.
[50:59.080 --> 51:03.080]  She was treated very well by the DA. Frankly, that surprised me.
[51:03.080 --> 51:11.080]  She reduced the two harassment charges to two disorderly conduct and fine, all of which will go away if she's cleaned for a year.
[51:11.080 --> 51:19.080]  Now, there's another problem. That ended in a happy note. And thanks to you, that helped us.
[51:19.080 --> 51:25.080]  But that same day, she was so happy. She hadn't been out of the house in six months. She went for a drive.
[51:25.080 --> 51:31.080]  She got stopped for doing 80 in a 55 and failure to keep right.
[51:31.080 --> 51:39.080]  The same cop that gave her those two traffic tickets was the same cop that he had handcuffed her with the harassment charges.
[51:39.080 --> 51:45.080]  Now, whether that's any importance, I don't know, but what can we do for those two traffic tickets?
[51:45.080 --> 51:51.080]  They got her for 80 in a 55 and failure to keep right.
[51:51.080 --> 51:55.080]  Well, was she passing someone when she was doing 80?
[51:55.080 --> 52:00.080]  I don't think so, but I can find out. I don't think she was.
[52:00.080 --> 52:03.080]  Okay. Is it a public highway?
[52:03.080 --> 52:05.080]  Yep. It's a public highway.
[52:05.080 --> 52:12.080]  Okay. Was she impeding any traffic by not being right?
[52:12.080 --> 52:15.080]  No. I don't think there was any danger. No.
[52:15.080 --> 52:21.080]  I didn't say anything about danger. I said, was she impeding any traffic?
[52:21.080 --> 52:28.080]  In other words, was there somebody actually going faster than her that she was blocking by being in the left lane instead of the right lane?
[52:28.080 --> 52:31.080]  Somebody going faster than her. I don't think so.
[52:31.080 --> 52:40.080]  Okay. So, is New York speed limits prima facie speed limits?
[52:40.080 --> 52:43.080]  I would say so. Yeah. Oh, yeah. It's...
[52:43.080 --> 52:49.080]  Wait, wait, wait, wait, wait. Again with the say so. This is not about say so. This is no so.
[52:49.080 --> 52:52.080]  Okay. Now, reword the question. Say it again.
[52:52.080 --> 53:03.080]  Are speed limits in New York prima facie speed limits, meaning that they are presumptive say speeds?
[53:03.080 --> 53:06.080]  Well, I know that it's 55 in an unposted zone.
[53:06.080 --> 53:09.080]  Okay. Not what I'm asking.
[53:09.080 --> 53:13.080]  I say I don't understand the question. I don't know what prima facie means.
[53:13.080 --> 53:21.080]  On its face. In other words, prima facie is a fancy legal term for on its face the only say speed you can travel on this road is 55.
[53:21.080 --> 53:26.080]  And if she was successfully doing 80 and didn't hurt anything or anyone,
[53:26.080 --> 53:34.080]  then she proved the prima facie speed limit is incorrect and therefore is not guilty of an offense.
[53:34.080 --> 53:41.080]  Because a prima facie speed limit is not a set speed limit. It is not a static speed limit.
[53:41.080 --> 53:45.080]  It is a recommended speed limit.
[53:45.080 --> 53:48.080]  In other words, in New York it's 55 is recommended.
[53:48.080 --> 53:55.080]  I don't know. That's why you have to see if they are prima facie speed limits.
[53:55.080 --> 54:03.080]  As far as I know, I will look it up. But as far as I know, when it's not posted, the law says you can't go any faster than that.
[54:03.080 --> 54:09.080]  Not the same thing. And no, that is not what the law will say.
[54:09.080 --> 54:22.080]  The law may say the maximum safe speed is 55 but that does not change the fact that that 55 may be only a prima facie suggestion.
[54:22.080 --> 54:24.080]  Okay.
[54:24.080 --> 54:36.080]  And if it is prima facie, then that would mean that somewhere there is a statute that says the only way to be guilty of speeding is because you failed to control your speed
[54:36.080 --> 54:44.080]  and the failure resulted in a collision with another person or vehicle either lawfully upon or entering the highway.
[54:44.080 --> 54:50.080]  So please forgive the question. What is it exactly? Again, I have to look for it.
[54:50.080 --> 54:59.080]  The words prima facie, P-R-I-M-A-F-A-C-I-E.
[54:59.080 --> 55:05.080]  Okay. No, I know how to spell them but I just didn't know what it was. So I have to look for prima facie.
[55:05.080 --> 55:07.080]  Yeah.
[55:07.080 --> 55:13.080]  Any other word that has to go in that Google sentence? Prima facie speed, women?
[55:13.080 --> 55:17.080]  Prima facie speed, New York.
[55:17.080 --> 55:19.080]  Okay. Prima facie speed, New York.
[55:19.080 --> 55:24.080]  But don't you know where to find the state statutes on speeding in New York?
[55:24.080 --> 55:28.080]  We call them the V&T laws, the V-A-T.
[55:28.080 --> 55:35.080]  Okay. I know what you call them. That's not my question. My question is do you know where to go online and find them?
[55:35.080 --> 55:37.080]  No.
[55:37.080 --> 55:44.080]  Well, that's what you need to do first. Do a search in Google for New York laws, codes and statutes.
[55:44.080 --> 55:53.080]  Find the legislative website for the state of New York. On the legislative website, find the section that deals with laws and statutes.
[55:53.080 --> 56:04.080]  Go to that section. Look up the specific statute. Search through those statutes and see if the phrase prima facie exists in relation to speed limits.
[56:04.080 --> 56:06.080]  Okay.
[56:06.080 --> 56:13.080]  If it does, then look for the word collision or accident.
[56:13.080 --> 56:16.080]  Okay.
[56:16.080 --> 56:24.080]  All right. And I am almost 100% sure you're going to find out that they are exactly the same as they are here.
[56:24.080 --> 56:25.080]  Which means?
[56:25.080 --> 56:30.080]  Which means there are no set speed limits. They are all recommended speeds.
[56:30.080 --> 56:43.080]  And the only way to commit an offensive speeding in Texas is to be in a commercial motor vehicle and fail to control your speed so as to collide with another person or vehicle while they're already upon or lawfully entering the highway.
[56:43.080 --> 56:51.080]  There is no other way to commit an active speeding in the state of Texas. I don't care if you're doing 500 miles an hour.
[56:51.080 --> 57:04.080]  Years ago, I don't know if this makes a difference. Many years ago, about 55 years ago, I remember someone saying he was doing weight pass the speed limit.
[57:04.080 --> 57:16.080]  He was doing like 70 or 75 in a 50. Back then it was 50. And he went before the judge. He said, Your Honor, there was no other traffic in the way.
[57:16.080 --> 57:24.080]  And I was proceeding safely. I had the car under control and there was no danger to anyone or anything.
[57:24.080 --> 57:28.080]  Right. And that's exactly what a prima facie speed limit is.
[57:28.080 --> 57:30.080]  Right.
[57:30.080 --> 57:34.080]  So that sounds like the same thing to me. Yeah.
[57:34.080 --> 57:39.080]  Okay. I think we solved that problem. And I got one more quick one.
[57:39.080 --> 57:52.080]  A neighbor came running across from the other side of the street to where my friend lives on the opposite side, started arguing with my friend, screaming, yelling, calling her dirty names.
[57:52.080 --> 58:08.080]  And then hit her in the eye, causing an abrasion and a sore eye, an abrasion on her face and a sore eye. My friend's two daughters then went across the street on an unwise decision to find out why that woman hit their mother.
[58:08.080 --> 58:22.080]  On the process, two of the people in the assaulter's apartment who were assaulted her, two of the people, including the assaulter, started threatening the two daughters and brandished the night and threatened them with the knife.
[58:22.080 --> 58:26.080]  My friend, after they got out of there, my friend called 911.
[58:26.080 --> 58:33.080]  Okay. Hang on. I've got a break to take and this is going to take longer and I've got to get there. So hang on just a minute, John.
[58:33.080 --> 58:39.080]  Okay. All right, folks, this is Monday Night Rural Law Radio. We're here at the top of the hour. John is my last and only caller.
[58:39.080 --> 59:07.080]  I need some more people to talk to when I get done here. So y'all give us a call 512-646-1984 and we will be right back in just a minute.
[59:07.080 --> 59:18.080]  Let's enter the recovery version. First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[59:18.080 --> 59:28.080]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the word beyond which you've ever experienced before.
[59:28.080 --> 59:44.080]  The free study Bible for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:44.080 --> 59:51.080]  or by ordering online at freestudybible.com. That's freestudybible.com.
[59:51.080 --> 01:00:00.080]  You are listening to the Logos Radio Network. Logosradionetwork.com.
[01:00:22.080 --> 01:00:34.080]  Markets for the 11th of April 2018 close with gold $1,353.22 an ounce. Silver $16.68 an ounce. Texas Crude $65.51 a barrel.
[01:00:34.080 --> 01:00:55.080]  Bitcoins at $6,902.19. Etheriums at $420.80. Bitcoin Cash at $652.90 and finally Litecoins at $114.34 a crypto coin.
[01:00:55.080 --> 01:01:08.080]  Today in History, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act of 1968, which prohibited private businesses from discriminating based on race, color, religion, sex, or national origin.
[01:01:08.080 --> 01:01:18.080]  It also prohibited unequal application of voter registration requirements, racial segregation in public schools, and employment and public accommodations for places of business.
[01:01:18.080 --> 01:01:32.080]  Today in History. In recent news, tensions in Syria seem to have reached new levels after a chemical attack on civilians in the city of Douma, which left 40 dead and many injured.
[01:01:32.080 --> 01:01:39.080]  An attack which is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the United States and on Israel by Russia.
[01:01:39.080 --> 01:01:52.080]  Either accusatory narrative without any verified evidence as of yet. President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new and smart.
[01:01:52.080 --> 01:01:58.080]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who kills his people and enjoys it.
[01:01:58.080 --> 01:02:06.080]  Many in the West, including President Trump, have been quick to conclude that this chemical attack must have been conducted by Assad and his forces.
[01:02:06.080 --> 01:02:15.080]  Syria and Russia, on the other hand, have given approval since yesterday for the organization for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[01:02:15.080 --> 01:02:27.080]  Assad has been successful in maintaining rule and support during Syria's seven-year civil war, a civil war that is being fought by the government of Syria and anti-Assad Syrian rebels that are openly being funded by Western governments,
[01:02:27.080 --> 01:02:32.080]  with ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[01:02:32.080 --> 01:02:44.080]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook that smart missiles should be fired at terrorists and not at a legitimate government, which has been fighting terrorists.
[01:02:44.080 --> 01:02:51.080]  Or is this a trick to destroy all traces with a smart missile strike, and then there will be no evidence for international inspectors to look at?
[01:02:51.080 --> 01:03:03.080]  This is Frick Rody with your lowdown for April 11, 2018.
[01:03:21.080 --> 01:03:26.080]  You can't survive
[01:03:26.080 --> 01:03:30.080]  Because you can't starve us out and you can't make us run
[01:03:30.080 --> 01:03:35.080]  Those wisdom old boys raised on shotguns
[01:03:35.080 --> 01:03:44.080]  We say, Grace, we say, ma'am, if you ain't in the best, we don't give a damn
[01:03:44.080 --> 01:03:55.080]  We came from the West Virginia coal mines and the Rocky Mountains and the Western skies
[01:03:55.080 --> 01:04:06.080]  Alright folks, we are back. This is Rule of Law Radio, the calling number 512-646-1984, and we are talking to John in New York.
[01:04:06.080 --> 01:04:08.080]  Alright John, continue.
[01:04:08.080 --> 01:04:19.080]  Hi, thanks Eddie. So in the process, two of the people in the assaulter's apartment started threatening the two daughters, brandished a knife, threatened them with a knife.
[01:04:19.080 --> 01:04:32.080]  They got out of there. My friend called 911. The police came over, did absolutely nothing. The police said it was not assault and did nothing about any of it.
[01:04:32.080 --> 01:04:43.080]  Meanwhile, my friend went to the emergency room because the cornea of her eye was pinching and I know a lot about medicine so I told her don't fool around if the cornea is scratched.
[01:04:43.080 --> 01:04:52.080]  You want to have it looked at and then wear sunglasses for two days because light can get in through the cornea and damage the retina.
[01:04:52.080 --> 01:05:06.080]  So I told her not to fool around. She went to the ER. Now this is the sixth time at least that there was an incident and there was plenty of evidence, threats, stalking, theft of a bicycle.
[01:05:06.080 --> 01:05:16.080]  The guy was riding it and my friend took pictures of him on her bike. I could make a positive ID because I was two feet away. The police did nothing about that.
[01:05:16.080 --> 01:05:20.080]  They do a lot about nothing about anything in this town.
[01:05:20.080 --> 01:05:35.080]  So can you make some comments? The police said when she got hit in the eye it was not assault. How can that possibly be? Fill me in.
[01:05:35.080 --> 01:05:47.080]  The cops are idiots. They didn't take both sides of the story and presumed self-defense. There's any number of reasons why they could say it wasn't assault. That doesn't make them right.
[01:05:47.080 --> 01:05:58.080]  Well, they went across the street to talk to the people who, incidentally, the girl that did the assaulting, this isn't necessarily evidence.
[01:05:58.080 --> 01:06:06.080]  But in her Facebook page it says she was members of New York Street gangs and was in jail for doing the same thing.
[01:06:06.080 --> 01:06:14.080]  How are you going to show that's relevant to anything that happened or that what happened actually happened when you don't have any proof other than one person's word against another?
[01:06:14.080 --> 01:06:24.080]  Well, I understand that, but I'm just telling you that. Anyway, how could it not be assault? Well, I'm going to answer that.
[01:06:24.080 --> 01:06:33.080]  It could not be assault because there was no witness to it that could corroborate either side of the event. It was one person's word against another.
[01:06:33.080 --> 01:06:39.080]  And a punch in the eye with an abrasion? It's not proof, I guess.
[01:06:39.080 --> 01:06:48.080]  Of course it's proof, but it's not proof that she didn't swing first. It's also not proof that she didn't inflict injury on the other person.
[01:06:48.080 --> 01:06:55.080]  It's proof that she received an injury, but the consequences of why is what the cops don't have.
[01:06:55.080 --> 01:07:02.080]  Well, they went across the street and the people across the street that did it told...
[01:07:02.080 --> 01:07:06.080]  Who went across the street besides the daughters?
[01:07:06.080 --> 01:07:08.080]  The police.
[01:07:08.080 --> 01:07:12.080]  Okay, and you know this because you were there?
[01:07:12.080 --> 01:07:14.080]  No, I got the story.
[01:07:14.080 --> 01:07:18.080]  Okay, so everything I'm getting is secondhand information.
[01:07:18.080 --> 01:07:20.080]  It's correct secondhand information.
[01:07:20.080 --> 01:07:26.080]  Well, that is your interpretation. It's thirdhand when it gets to me.
[01:07:26.080 --> 01:07:34.080]  Well, let me finish. The police questioned the people that did it, and they told such a crock of lies it isn't funny.
[01:07:34.080 --> 01:07:42.080]  Well, again, if nobody was present, then how would they know that if the cops didn't come back and tell them what the other person said?
[01:07:42.080 --> 01:07:47.080]  Now, pardon my saying this. I would never do such a thing.
[01:07:47.080 --> 01:07:56.080]  You mean to tell me if you and I were in a room, we're by ourselves, we're outside by ourselves, and I get mad at you and I punch you in the eye,
[01:07:56.080 --> 01:08:03.080]  and then you call the police, they're not going to arrest me because you said that I punched you in the eye?
[01:08:03.080 --> 01:08:10.080]  Not without a corroborating witness if you turn around and tell them a different story, which conflicts with mine.
[01:08:10.080 --> 01:08:17.080]  The only time the cops are going to arrest somebody on those grounds alone is when it's domestic violence.
[01:08:17.080 --> 01:08:25.080]  In other words, when it's spousal or parental or child.
[01:08:25.080 --> 01:08:28.080]  Oh, and they don't have to have a witness again?
[01:08:28.080 --> 01:08:33.080]  The same rules should apply across the board, but that's the only time when they're willing to do it.
[01:08:33.080 --> 01:08:41.080]  The other times when there is no corroborating witness or they think there's some issue between the parties, the cops will back out of it,
[01:08:41.080 --> 01:08:45.080]  unless they have some personal issue with one of the people involved.
[01:08:45.080 --> 01:08:55.080]  Well, I guess the fact is, is you're asking me to second guess why the cops said it was not assault without knowing what everything that was told to everybody is.
[01:08:55.080 --> 01:08:59.080]  I'm telling you, you asked me why would they say it's not assault.
[01:08:59.080 --> 01:09:02.080]  I've given you the reasons why they would say that.
[01:09:02.080 --> 01:09:04.080]  Okay, I got it. I got it. I get it.
[01:09:04.080 --> 01:09:07.080]  In other words, you've got to have a witness to corroborate your story.
[01:09:07.080 --> 01:09:16.080]  You've got to have something besides one person's word against the other when the stories are conflicting about who hit first and why.
[01:09:16.080 --> 01:09:20.080]  Right. Well, just so you know, my friend never touched her.
[01:09:20.080 --> 01:09:21.080]  Well, anyway.
[01:09:21.080 --> 01:09:26.080]  It makes no difference to me whether she touched her or not. She could have stomped the mud hole in her behind. It's nothing to me.
[01:09:26.080 --> 01:09:32.080]  But then the question becomes, is could she prove self-defense if the other person made the same accusation?
[01:09:32.080 --> 01:09:34.080]  That's the whole deal here.
[01:09:34.080 --> 01:09:38.080]  Okay, I just learned something. That was very good. Thank you.
[01:09:38.080 --> 01:09:40.080]  Then tell me about this.
[01:09:40.080 --> 01:09:47.080]  Some guy stole her bicycle in another location. She was having lunch at a church.
[01:09:47.080 --> 01:09:54.080]  She stole her bicycle. They had it, and we happened to see it a couple times around town.
[01:09:54.080 --> 01:09:59.080]  Then she spotted it four houses away down the street from where she lives.
[01:09:59.080 --> 01:10:04.080]  They never dreamed that they'd be bringing the bicycle right into her neighborhood.
[01:10:04.080 --> 01:10:12.080]  The guy sat on the bicycle, drove over, and parked himself a few feet away from her porch while she was sitting on it.
[01:10:12.080 --> 01:10:16.080]  She took several pictures of him sitting on the bicycle.
[01:10:16.080 --> 01:10:23.080]  I saw him not more than two feet away, so I could make a positive, positive idea if I had to.
[01:10:23.080 --> 01:10:25.080]  I could pick him out of a lineup.
[01:10:25.080 --> 01:10:31.080]  Her daughters saw him on the bicycle. There was three people so far.
[01:10:31.080 --> 01:10:34.080]  The fourth person was the owner.
[01:10:34.080 --> 01:10:41.080]  Finally, she got sick and tired of the police in this town that do nothing, and I'll explain that in a minute with one sentence.
[01:10:41.080 --> 01:10:47.080]  Her daughter went across the other side of the street that wherever it was, whatever you want to call it,
[01:10:47.080 --> 01:10:50.080]  grabbed the bicycle and took it back to her mother.
[01:10:50.080 --> 01:10:53.080]  Two people came out of the house and said, What are you doing?
[01:10:53.080 --> 01:10:57.080]  Well, we're taking back my mother's bicycle. It's stolen.
[01:10:57.080 --> 01:11:02.080]  They backed off right away because they knew it was stolen.
[01:11:02.080 --> 01:11:04.080]  They brought it back to her mother.
[01:11:04.080 --> 01:11:13.080]  Her mother opened the lock, which was locked on the bicycle in one try, so there's no doubt that that was her bike.
[01:11:13.080 --> 01:11:24.080]  Called the police, had pictures of the guy sitting on the bike, three eyewitnesses and the two daughters even knew the guy's name and his nickname, and the police did nothing.
[01:11:24.080 --> 01:11:31.080]  Now, let me just short circuit this since you've gone from two questions to four questions.
[01:11:31.080 --> 01:11:35.080]  Now, let me just short circuit this here real quick and tell you how this works.
[01:11:35.080 --> 01:11:41.080]  One, no one saw the guy sitting on the bike be the guy that stole the bike.
[01:11:41.080 --> 01:11:43.080]  Two, they should have gotten possession.
[01:11:43.080 --> 01:11:44.080]  Okay, go ahead.
[01:11:44.080 --> 01:11:50.080]  No, he has to know it's stolen in order for it to be possession.
[01:11:50.080 --> 01:11:52.080]  Didn't you know that?
[01:11:52.080 --> 01:11:58.080]  So you've got to be able to prove that he knew he was sitting on a stolen bike.
[01:11:58.080 --> 01:12:01.080]  All right, all right, all right, I got it.
[01:12:01.080 --> 01:12:04.080]  Because he could have gotten it from a pawn shop.
[01:12:04.080 --> 01:12:08.080]  He could have gotten it from somebody down the block who said, hey, man, I got a bike here.
[01:12:08.080 --> 01:12:09.080]  I need to sell it.
[01:12:09.080 --> 01:12:12.080]  I'm taking the bus out of state, whatever.
[01:12:12.080 --> 01:12:14.080]  He's got no way of verifying one way or the other.
[01:12:14.080 --> 01:12:18.080]  There is no DMV registration on most bicycles.
[01:12:18.080 --> 01:12:19.080]  Okay, yeah.
[01:12:19.080 --> 01:12:22.080]  No, there is an SN, what do you call that?
[01:12:22.080 --> 01:12:23.080]  Serial number.
[01:12:23.080 --> 01:12:24.080]  There is a serial number.
[01:12:24.080 --> 01:12:26.080]  Registered with who?
[01:12:26.080 --> 01:12:28.080]  Yeah, yeah, yeah, I see your point.
[01:12:28.080 --> 01:12:30.080]  Okay, got it, got it.
[01:12:30.080 --> 01:12:36.080]  Okay, so the point is you cannot prove the guy that was on the bike that you got all these pictures of,
[01:12:36.080 --> 01:12:41.080]  had anything to do with stealing it or any knowledge that it was stolen.
[01:12:41.080 --> 01:12:42.080]  Can you?
[01:12:42.080 --> 01:12:43.080]  Okay.
[01:12:43.080 --> 01:12:44.080]  No, I guess not.
[01:12:44.080 --> 01:12:45.080]  I guess you...
[01:12:45.080 --> 01:12:47.080]  And neither can the cops.
[01:12:47.080 --> 01:12:51.080]  Okay, all right, I got it.
[01:12:51.080 --> 01:12:53.080]  Okay, I got it.
[01:12:53.080 --> 01:12:55.080]  All right.
[01:12:55.080 --> 01:12:56.080]  Thank you very kindly.
[01:12:56.080 --> 01:12:59.080]  Yes, sir.
[01:12:59.080 --> 01:13:01.080]  Let's see, can I...
[01:13:01.080 --> 01:13:03.080]  You have other callers on the board?
[01:13:03.080 --> 01:13:07.080]  I got one other caller up on the board here that I can see at the moment.
[01:13:07.080 --> 01:13:09.080]  Okay, can I ask one more question?
[01:13:09.080 --> 01:13:14.080]  I see probable cause.
[01:13:14.080 --> 01:13:16.080]  I was not going to ask you.
[01:13:16.080 --> 01:13:24.080]  I was on my bicycle and I ride the wrong way in traffic all the time.
[01:13:24.080 --> 01:13:30.080]  If you want to stay alive, if you ride a bicycle seven days a week, you're not out for a joy ride.
[01:13:30.080 --> 01:13:36.080]  If you're out for a joy ride, that's once in a great while, you still have the chance of getting killed.
[01:13:36.080 --> 01:13:43.080]  But if you do it like I do and that's your car and that's the only vehicle you've got,
[01:13:43.080 --> 01:13:50.080]  you learn very quickly to ride the wrong way and break the V&T law if you want to stay alive.
[01:13:50.080 --> 01:13:55.080]  The reason why I say that is you have a chance to see if there's somebody coming for you,
[01:13:55.080 --> 01:13:59.080]  you'll have a little advanced notice and you might save your life.
[01:13:59.080 --> 01:14:06.080]  I've seen too many people picked off like birds in traffic because they were going the right way.
[01:14:06.080 --> 01:14:07.080]  All right.
[01:14:07.080 --> 01:14:12.080]  Yeah, but the question is, even when you're going the right way or the wrong way,
[01:14:12.080 --> 01:14:17.080]  there's this little thing called situational awareness
[01:14:17.080 --> 01:14:25.080]  that if you're going to be in a herd of cars on something as vulnerable as a bicycle,
[01:14:25.080 --> 01:14:30.080]  then rule number one is your head has to be on a swivel all the time.
[01:14:30.080 --> 01:14:31.080]  Yeah.
[01:14:31.080 --> 01:14:35.080]  It's like being caught on a battlefield without protection.
[01:14:35.080 --> 01:14:36.080]  It's right.
[01:14:36.080 --> 01:14:37.080]  Okay.
[01:14:37.080 --> 01:14:41.080]  So riding the wrong way in traffic isn't going to save you anymore than anything else
[01:14:41.080 --> 01:14:46.080]  if somebody swears across traffic from behind you, is it?
[01:14:46.080 --> 01:14:47.080]  Uh...
[01:14:47.080 --> 01:14:51.080]  And when you're headed directly at someone that's coming directly at you,
[01:14:51.080 --> 01:14:57.080]  if they do it at the very last minute, it's not going to matter that you see them coming, is it?
[01:14:57.080 --> 01:15:00.080]  No, I disagree and I know what you're saying.
[01:15:00.080 --> 01:15:01.080]  I know what you're saying.
[01:15:01.080 --> 01:15:03.080]  You've got some better chance.
[01:15:03.080 --> 01:15:06.080]  I didn't say your chance was not improved.
[01:15:06.080 --> 01:15:09.080]  I'm simply saying that the odds are still against you
[01:15:09.080 --> 01:15:13.080]  because you're in a bunch of cars on a bicycle.
[01:15:13.080 --> 01:15:14.080]  I know.
[01:15:14.080 --> 01:15:20.080]  It's exactly the reason why I absolutely refuse to ride motorcycles in towns and cities.
[01:15:20.080 --> 01:15:21.080]  Yeah, I know.
[01:15:21.080 --> 01:15:23.080]  I know that very dangerous, too.
[01:15:23.080 --> 01:15:28.080]  So my question is, he stopped me and I said,
[01:15:28.080 --> 01:15:30.080]  gee, officer, why did you sit playing dumb?
[01:15:30.080 --> 01:15:32.080]  Why did you stop me?
[01:15:32.080 --> 01:15:34.080]  He said, you were going the wrong way in traffic.
[01:15:34.080 --> 01:15:37.080]  Of course, I knew I was going the wrong way in traffic.
[01:15:37.080 --> 01:15:39.080]  He said, your ID, please?
[01:15:39.080 --> 01:15:41.080]  I did not give him my driver's license.
[01:15:41.080 --> 01:15:43.080]  First of all, I wasn't driving a car.
[01:15:43.080 --> 01:15:47.080]  I gave him my Department of Social Services ID.
[01:15:47.080 --> 01:15:50.080]  I did that for two reasons.
[01:15:50.080 --> 01:15:53.080]  Anyway, he looked it up and he thought,
[01:15:53.080 --> 01:15:54.080]  oh, I'm not going to give you a ticket.
[01:15:54.080 --> 01:15:58.080]  He said, just drive safely and that was it.
[01:15:58.080 --> 01:16:01.080]  Now, I know what the V&T law says.
[01:16:01.080 --> 01:16:05.080]  It says, bicycle, you have to go the same way in traffic.
[01:16:05.080 --> 01:16:10.080]  Now, because I was not driving a motor vehicle,
[01:16:10.080 --> 01:16:13.080]  even though I was not,
[01:16:13.080 --> 01:16:18.080]  I take it that I still violated the law, technically,
[01:16:18.080 --> 01:16:19.080]  and I could have been given a ticket.
[01:16:19.080 --> 01:16:22.080]  Is that correct?
[01:16:22.080 --> 01:16:25.080]  One would think that's correct, yeah.
[01:16:25.080 --> 01:16:28.080]  Because if I remember right, the V&T law says
[01:16:28.080 --> 01:16:32.080]  you've got to drive in the same direction as the traffic.
[01:16:32.080 --> 01:16:37.080]  So he could have given me a ticket if he wanted to.
[01:16:37.080 --> 01:16:40.080]  And all the rules apply the same as I was driving.
[01:16:40.080 --> 01:16:43.080]  Is there a question in there somewhere, John?
[01:16:43.080 --> 01:16:45.080]  Yeah, I just asked it.
[01:16:45.080 --> 01:16:47.080]  I said.
[01:16:47.080 --> 01:16:48.080]  Okay, hang on.
[01:16:48.080 --> 01:16:49.080]  I'm at another break now.
[01:16:49.080 --> 01:16:51.080]  Hang on just a second.
[01:16:51.080 --> 01:16:53.080]  All right, folks, we'll be right back after this break.
[01:16:53.080 --> 01:16:57.080]  Y'all try to hang in there and we'll be right back.
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[01:21:03.080 --> 01:21:04.080]  All right, folks.
[01:21:04.080 --> 01:21:05.080]  We are back.
[01:21:05.080 --> 01:21:07.080]  This is Rule of Law Radio.
[01:21:07.080 --> 01:21:10.080]  We're going to see if we can't wrap this call up here.
[01:21:10.080 --> 01:21:11.080]  All right, John.
[01:21:11.080 --> 01:21:13.080]  Let's get this done.
[01:21:13.080 --> 01:21:16.080]  Well, you just answered the question, so we're wrapped up.
[01:21:16.080 --> 01:21:17.080]  All right.
[01:21:17.080 --> 01:21:18.080]  And I want to thank you very kind.
[01:21:18.080 --> 01:21:20.080]  So he could give me a ticket.
[01:21:20.080 --> 01:21:21.080]  Okay.
[01:21:21.080 --> 01:21:22.080]  Thank you very much.
[01:21:22.080 --> 01:21:25.080]  Well, as long as you're doing something that makes you fall
[01:21:25.080 --> 01:21:27.080]  within the transportation law, he could.
[01:21:27.080 --> 01:21:32.080]  The question is, were you or did you?
[01:21:32.080 --> 01:21:34.080]  That's a whole separate issue, which I ain't got time
[01:21:34.080 --> 01:21:38.080]  to get into with you tonight, but possible.
[01:21:38.080 --> 01:21:42.080]  Oh, so what was that last question that you had?
[01:21:42.080 --> 01:21:43.080]  What?
[01:21:43.080 --> 01:21:45.080]  Transportation.
[01:21:45.080 --> 01:21:48.080]  New York has transportation laws which don't apply
[01:21:48.080 --> 01:21:50.080]  to the general public.
[01:21:50.080 --> 01:21:53.080]  Transportation is commercial law.
[01:21:53.080 --> 01:21:55.080]  Always has been, always will be.
[01:21:55.080 --> 01:21:56.080]  Yeah.
[01:21:56.080 --> 01:21:58.080]  In other words, when I was riding the bike,
[01:21:58.080 --> 01:22:01.080]  did the law really pertain to me under the commercial law?
[01:22:01.080 --> 01:22:02.080]  Correct.
[01:22:02.080 --> 01:22:04.080]  If you weren't actually delivering food on a bicycle
[01:22:04.080 --> 01:22:07.080]  to somebody in your job for as a restaurant delivery board
[01:22:07.080 --> 01:22:10.080]  or something, they could have written you a ticket.
[01:22:10.080 --> 01:22:12.080]  Most likely not.
[01:22:12.080 --> 01:22:15.080]  But if you don't know how to go in and make that argument,
[01:22:15.080 --> 01:22:17.080]  make that fight, then they're going to win
[01:22:17.080 --> 01:22:19.080]  and that's all there is to it.
[01:22:19.080 --> 01:22:20.080]  Well, I got you.
[01:22:20.080 --> 01:22:22.080]  I understand what the commercial code is.
[01:22:22.080 --> 01:22:23.080]  Yeah.
[01:22:23.080 --> 01:22:25.080]  Transportation, traveling, driving, and so on and so forth.
[01:22:25.080 --> 01:22:26.080]  I got it.
[01:22:26.080 --> 01:22:27.080]  Okay.
[01:22:27.080 --> 01:22:28.080]  Okay.
[01:22:28.080 --> 01:22:29.080]  I understand.
[01:22:29.080 --> 01:22:31.080]  I understand what you're driving at.
[01:22:31.080 --> 01:22:32.080]  All right.
[01:22:32.080 --> 01:22:34.080]  Thanks for calling in.
[01:22:34.080 --> 01:22:35.080]  Thank you.
[01:22:35.080 --> 01:22:36.080]  Yep.
[01:22:36.080 --> 01:22:37.080]  All right.
[01:22:37.080 --> 01:22:40.080]  Now we have, well, we had Carlos.
[01:22:40.080 --> 01:22:42.080]  Where'd Carlos go?
[01:22:42.080 --> 01:22:46.080]  Carlos, I need you to call back if you want to get in here, man.
[01:22:46.080 --> 01:22:50.080]  Meantime, let's go to Eric in California while we're waiting
[01:22:50.080 --> 01:22:52.080]  on Carlos to come back.
[01:22:52.080 --> 01:22:53.080]  Oh, wait a minute.
[01:22:53.080 --> 01:22:54.080]  Carlos, pop back up.
[01:22:54.080 --> 01:22:55.080]  Sorry, Eric.
[01:22:55.080 --> 01:22:56.080]  Hang on just a second.
[01:22:56.080 --> 01:22:57.080]  All right, Carlos.
[01:22:57.080 --> 01:22:58.080]  What do you got?
[01:22:58.080 --> 01:22:59.080]  Hey, Eddie.
[01:22:59.080 --> 01:23:00.080]  How are you?
[01:23:00.080 --> 01:23:01.080]  Hey, I'm sorry.
[01:23:01.080 --> 01:23:03.080]  I had to speak because I was listening, right?
[01:23:03.080 --> 01:23:08.080]  But I pressed on the end button for the speaker.
[01:23:08.080 --> 01:23:11.080]  Well, that happens.
[01:23:11.080 --> 01:23:13.080]  How have you been?
[01:23:13.080 --> 01:23:17.080]  I've been busy.
[01:23:17.080 --> 01:23:20.080]  Hey, Eddie, real quick.
[01:23:20.080 --> 01:23:23.080]  I'm not, I'm not trying to take too much of your time here.
[01:23:23.080 --> 01:23:24.080]  It's been a while since I called.
[01:23:24.080 --> 01:23:28.080]  So every time I do where I try to call, I get kind of nervous.
[01:23:28.080 --> 01:23:30.080]  So I come forget most of the things that I'm going to ask.
[01:23:30.080 --> 01:23:33.080]  Last time I called, I only had two minutes.
[01:23:33.080 --> 01:23:37.080]  So hopefully today I have a little more time.
[01:23:37.080 --> 01:23:44.080]  Is there any remedy on a conviction with the probation?
[01:23:44.080 --> 01:23:47.080]  Is there any remedy after that?
[01:23:47.080 --> 01:23:48.080]  What do you mean remedy?
[01:23:48.080 --> 01:23:51.080]  If you have a conviction and you're on probation for it,
[01:23:51.080 --> 01:23:54.080]  unless you can prove the conviction was wrongful
[01:23:54.080 --> 01:23:56.080]  and that you're entitled to be found
[01:23:56.080 --> 01:23:58.080]  or to have the conviction overturned
[01:23:58.080 --> 01:24:02.080]  and the probation nullified and all that, then no,
[01:24:02.080 --> 01:24:03.080]  there is no remedy.
[01:24:03.080 --> 01:24:06.080]  It's a done deal.
[01:24:06.080 --> 01:24:07.080]  Okay.
[01:24:07.080 --> 01:24:10.080]  There is no lemon law on convictions unless you can prove
[01:24:10.080 --> 01:24:16.080]  that you were actually sold a lemon to begin with.
[01:24:16.080 --> 01:24:18.080]  Okay, let me see if I got this.
[01:24:18.080 --> 01:24:25.080]  Convicted probation is done with, it was a six month probation.
[01:24:25.080 --> 01:24:28.080]  So after the probation, that's it.
[01:24:28.080 --> 01:24:32.080]  You're done.
[01:24:32.080 --> 01:24:34.080]  As far as I know, you're done.
[01:24:34.080 --> 01:24:37.080]  You have whatever the conviction is on the record,
[01:24:37.080 --> 01:24:42.080]  but the probation is completed, so there's nothing more to do
[01:24:42.080 --> 01:24:45.080]  unless you didn't complete something the probation required
[01:24:45.080 --> 01:24:49.080]  like paying off the fines or whatever.
[01:24:49.080 --> 01:24:52.080]  No, I mean, I paid the fine, I went through the time,
[01:24:52.080 --> 01:24:56.080]  and everything is a done deal.
[01:24:56.080 --> 01:25:03.080]  But my question is, can you do anything to, per se,
[01:25:03.080 --> 01:25:08.080]  go back and try to fight that it was a wrongful conviction?
[01:25:08.080 --> 01:25:10.080]  That's what I'm trying to get to.
[01:25:10.080 --> 01:25:13.080]  Again, can you prove it was a wrongful conviction
[01:25:13.080 --> 01:25:17.080]  and should never have happened?
[01:25:17.080 --> 01:25:18.080]  I believe so.
[01:25:18.080 --> 01:25:21.080]  Well, believe is not going to get you anywhere.
[01:25:21.080 --> 01:25:23.080]  And you or can't you?
[01:25:23.080 --> 01:25:30.080]  I can't because, see, my conviction was based on driving while licensed,
[01:25:30.080 --> 01:25:33.080]  suspended without financial responsibility,
[01:25:33.080 --> 01:25:36.080]  which is a class B, Mr. Mayor.
[01:25:36.080 --> 01:25:39.080]  And in the record that the court was,
[01:25:39.080 --> 01:25:42.080]  that the prosecution was using as far as the driving record,
[01:25:42.080 --> 01:25:50.080]  there was nothing in there that stated that my driver's license was suspended.
[01:25:50.080 --> 01:25:53.080]  Or revoked or canceled or anything like that.
[01:25:53.080 --> 01:25:55.080]  Then how did you get convicted?
[01:25:55.080 --> 01:25:57.080]  Why didn't you bring that up?
[01:25:57.080 --> 01:25:58.080]  I did.
[01:25:58.080 --> 01:26:02.080]  Well, you know, it was a jury trial.
[01:26:02.080 --> 01:26:07.080]  You know, the jury, as usual, they don't know anything.
[01:26:07.080 --> 01:26:14.080]  So they basically go by what the prosecutor states during the trial.
[01:26:14.080 --> 01:26:17.080]  It doesn't matter what the prosecutor states during the trial.
[01:26:17.080 --> 01:26:20.080]  If he can't prove his case, which you have to object to,
[01:26:20.080 --> 01:26:27.080]  and you have to demand a directed verdict for.
[01:26:27.080 --> 01:26:32.080]  When they sit there and tell you that you're being charged with a suspended license
[01:26:32.080 --> 01:26:35.080]  and they have no evidence the license is suspended,
[01:26:35.080 --> 01:26:38.080]  how do they prove their case?
[01:26:38.080 --> 01:26:45.080]  How do you not object to that?
[01:26:45.080 --> 01:26:47.080]  They don't get to just say it's suspended.
[01:26:47.080 --> 01:26:52.080]  They're supposed to introduce actual evidence that says it is.
[01:26:52.080 --> 01:26:55.080]  Did they?
[01:26:55.080 --> 01:26:56.080]  No.
[01:26:56.080 --> 01:26:59.080]  Did you object to that lack of evidence?
[01:26:59.080 --> 01:27:03.080]  I, well, I mean, during the argument, I did.
[01:27:03.080 --> 01:27:05.080]  Well, what do you mean during the argument?
[01:27:05.080 --> 01:27:08.080]  That, you know, during the trial.
[01:27:08.080 --> 01:27:12.080]  At what point when he said, did you charge him with a suspended license,
[01:27:12.080 --> 01:27:16.080]  did you say objection?
[01:27:16.080 --> 01:27:17.080]  No, I never did.
[01:27:17.080 --> 01:27:20.080]  I never did say objection.
[01:27:20.080 --> 01:27:27.080]  Then how did you do it during argument if you never said objection?
[01:27:27.080 --> 01:27:34.080]  Well, when I was basically questioning the witness,
[01:27:34.080 --> 01:27:43.080]  he said no, no. Wait, wait, wait.
[01:27:43.080 --> 01:27:46.080]  Cross-examination is not objection.
[01:27:46.080 --> 01:27:49.080]  Yeah, I know. No, I know.
[01:27:49.080 --> 01:27:55.080]  And what did you ask the witness that would disprove the prosecution's case?
[01:27:55.080 --> 01:27:57.080]  What did you ask them?
[01:27:57.080 --> 01:27:58.080]  Did you hold up the driving record,
[01:27:58.080 --> 01:28:01.080]  and can you please point to the section of this driving record
[01:28:01.080 --> 01:28:03.080]  where it says the license of the accused is suspended.
[01:28:03.080 --> 01:28:07.720]  the accused is suspended. Can you please point out some words suspended anywhere on this record?
[01:28:08.760 --> 01:28:12.200]  I sure did, but you know, I mean, I...
[01:28:12.200 --> 01:28:13.960]  Whoa, whoa, whoa, what do you mean you sure did?
[01:28:15.080 --> 01:28:22.200]  I asked him, I basically just, exactly what you just said, I asked him about where in this
[01:28:22.200 --> 01:28:26.440]  abstract record of the nervous license does it say, does it point out that my nervous
[01:28:26.440 --> 01:28:33.400]  license is suspended? And I kept on, I kept on pointing out that an FDA failure to appear
[01:28:33.400 --> 01:28:37.160]  is not a suspension, a cancellation or a revocation of the license.
[01:28:37.720 --> 01:28:42.360]  There's no record of my driver's license ever being suspended now or before.
[01:28:44.680 --> 01:28:47.960]  And that was during my cross-examination.
[01:28:47.960 --> 01:28:49.800]  And what did the judge say when you did that?
[01:28:50.840 --> 01:28:53.560]  Me, they didn't say anything. Never did.
[01:28:53.560 --> 01:28:59.560]  Okay, then why didn't you move for a directed verdict because the status
[01:28:59.560 --> 01:29:01.880]  failed to prove all the essential elements of the offense?
[01:29:03.000 --> 01:29:08.200]  Well, I guess by the time I was still learning back then, I did, this happened about
[01:29:10.360 --> 01:29:19.240]  how long the ticket was issued out in March of 2017. My probation was basically over in
[01:29:19.240 --> 01:29:29.880]  July. But you never appealed it. I never did. I never appealed it. I, for lack of time and
[01:29:30.600 --> 01:29:34.600]  lack of information and all that stuff just, I'm just...
[01:29:34.600 --> 01:29:39.320]  Well, now wait a minute. I've known you a lot longer than that. You don't have a lack of information.
[01:29:40.440 --> 01:29:46.200]  I know that, but lack of time, I did. I did.
[01:29:46.200 --> 01:29:51.960]  Anyway, I know, I know, I know, I'm at a big booboo when I'm trying to find out.
[01:29:51.960 --> 01:29:55.240]  Well, hang on, Carlos. I gotta break here, then I'll be back.
[01:29:55.240 --> 01:29:57.480]  All right, folks, y'all hang on. We'll be right back.
[01:30:01.320 --> 01:30:06.120]  Do you get jittery without your cell phone or iPod? If so, you may be suffering from what
[01:30:06.120 --> 01:30:11.960]  scientists now call gadget withdrawal. I'm Dr. Catherine Albrecht, back with details on a study
[01:30:11.960 --> 01:30:18.920]  into information deprivation disorder next. Privacy is under attack. When you give up data
[01:30:18.920 --> 01:30:23.960]  about yourself, you'll never get it back again. And once your privacy is gone, you'll find your
[01:30:23.960 --> 01:30:30.040]  freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your
[01:30:30.040 --> 01:30:35.960]  information to yourself. Privacy, it's worth hanging on to. This message is brought to you by
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[01:30:42.920 --> 01:30:49.640]  page. As parents know, trying to keep a teenager off their computer or cell phone can result in a
[01:30:49.640 --> 01:30:54.760]  tantrum. But is it more than just petulance? A new study suggests young people may actually
[01:30:54.760 --> 01:31:00.280]  be experiencing gadget withdrawal, something akin to what drug addicts experience when they go cold
[01:31:00.280 --> 01:31:06.200]  turkey. Researchers had young people turn off cell phones, social networking, the internet, and TV for
[01:31:06.200 --> 01:31:15.160]  24 hours and keep a diary. 20% described overwhelming cravings, 11% isolation, and 10% confusion and
[01:31:15.160 --> 01:31:20.760]  even deep depression. Digitize minds constantly scanning for a fix? Maybe it's time we pulled
[01:31:20.760 --> 01:31:25.720]  the plug on that smartphone. I'm Dr. Catherine Albrecht for startpage.com, the world's most
[01:31:25.720 --> 01:31:35.800]  private search engine. I lost my son. My uncle. My uncle. My son. On September 11th, 2001. Most
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[01:31:51.720 --> 01:31:58.280]  is more to the story. Bring justice to my son. My uncle. My nephew. My son. Go to building what.org.
[01:31:58.280 --> 01:32:03.000]  Why it fell, why it matters, and what you can do. Hey, it's Danny here for Hill Country Home
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[01:32:48.440 --> 01:32:57.320]  your door should be locked in. That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts
[01:32:57.320 --> 01:33:01.160]  are based on full roof replacement. I mean, I actually be kidding about chemtrails.
[01:33:01.160 --> 01:33:17.080]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:33:31.160 --> 01:33:48.840]  Look at them yoyos, that's the way you do it. You play the guitar on MTV. That ain't working,
[01:33:48.840 --> 01:33:56.040]  that's the way you do it. Money for nothing when you're too free. Now that ain't working,
[01:33:56.040 --> 01:34:03.640]  that's the way you do it. You play the guitar when you're done. Maybe get up the stone on your
[01:34:03.640 --> 01:34:11.400]  little finger. Maybe get up the stone on your thumb. We got to lose all my career
[01:34:11.400 --> 01:34:27.320]  on the new custom kitchen delivery.
[01:34:33.720 --> 01:34:38.600]  All right folks, we are back. This is Rule of Law Radio. We got a half an hour left
[01:34:38.600 --> 01:34:41.640]  from this show. I'm going to see if I can't get these callers wrapped up before then.
[01:34:42.200 --> 01:34:47.640]  All right Carlos, let's see if we can wrap this up now. Okay, so you've learned a lot. Not enough
[01:34:47.640 --> 01:34:58.280]  soon enough, but now you're learning a lot, right? I guess. I know you did not have a lack of access
[01:34:58.280 --> 01:35:04.680]  to information. I've written a ton of stuff on my legal blogs. I do this show, you've been to my
[01:35:04.680 --> 01:35:11.560]  class. There ain't no lack of information here. So somebody was not doing everything that he was
[01:35:11.560 --> 01:35:18.040]  being told to do, was he? That's exactly. I mean, it's all my fault. I know that. I know that, but
[01:35:19.160 --> 01:35:24.040]  what I'm trying to find out here is there's anything else that I can do, okay? Well,
[01:35:24.040 --> 01:35:32.520]  now you have the problem of not preserving the error for the appeal, okay? You have a problem.
[01:35:32.520 --> 01:35:37.080]  How can you claim wrongful conviction when you never made the effort to prove the conviction
[01:35:37.080 --> 01:35:41.240]  was wrongful in the beginning? You didn't object to the conviction being wrongful in the beginning.
[01:35:43.800 --> 01:35:50.760]  No. Okay, so now you've got to go back and prove that and was this a quarter of record or not a
[01:35:50.760 --> 01:35:55.720]  quarter of record? It had to be a quarter of record. It was a class B. Yeah, a quarter of law.
[01:35:55.720 --> 01:36:01.880]  Okay, did you get a transcript of the case? I haven't yet. What do you mean yet?
[01:36:01.880 --> 01:36:10.680]  How many years ago was this? No, no, this was just six months ago, seven months ago.
[01:36:10.680 --> 01:36:13.960]  How long was your probation? Six months.
[01:36:17.080 --> 01:36:21.960]  Okay, you better get that transcript and you need to do it fast, but you're well past your
[01:36:21.960 --> 01:36:28.600]  appeal date on this. All you can do now is move to have the case reopened because of a wrongful
[01:36:28.600 --> 01:36:33.720]  conviction. Would you better look at the law on how to get that done because if there was no actual
[01:36:33.720 --> 01:36:40.440]  evidence to support the conviction, that's the only straw you've got left to grasp at at this point.
[01:36:41.480 --> 01:36:47.880]  There is no right. They have no proof. Well, again, did you get a copy of what they were
[01:36:47.880 --> 01:36:51.320]  offering as proof? Did you get your own copy of your record?
[01:36:51.320 --> 01:37:02.600]  I have a copy of the same, I have a copy of the record that they were using themselves.
[01:37:02.600 --> 01:37:06.120]  Okay, but you still fail to object to it?
[01:37:07.160 --> 01:37:14.040]  Yes, I did. Okay, but you did attempt to prove that there was no conviction
[01:37:15.000 --> 01:37:18.280]  or there was no suspension that would facilitate the conviction.
[01:37:18.280 --> 01:37:24.920]  Exactly. Okay, but you didn't move for a directed verdict when the state failed to
[01:37:24.920 --> 01:37:28.360]  prove suspension with an actual record and evidence, right?
[01:37:30.360 --> 01:37:35.240]  That is correct. And the judge said and did nothing to prompt you to say, would you like a
[01:37:35.240 --> 01:37:44.360]  directed verdict? No. Okay, you can give it a shot. I can't tell you what the outcome is going to be,
[01:37:44.360 --> 01:37:49.320]  but you're going to, it's an appeal fight at this point and you better believe that.
[01:37:54.440 --> 01:37:55.160]  I believe that.
[01:37:57.400 --> 01:38:01.880]  I mean, you had a golden opportunity right there to destroy their entire case
[01:38:02.840 --> 01:38:05.480]  and to have an opportunity to go after them.
[01:38:06.680 --> 01:38:09.400]  Yes, I thought I still did, honestly.
[01:38:09.400 --> 01:38:14.120]  Only if you can show that you were wrongfully convicted to begin with,
[01:38:15.720 --> 01:38:18.920]  but that's what the appeal process was for and you didn't use it.
[01:38:20.360 --> 01:38:27.320]  Right, but I mean, I can reopen this case and prove to them that it was a wrongful
[01:38:27.320 --> 01:38:30.360]  conviction because they have no evidence on their charge. I mean,
[01:38:31.880 --> 01:38:35.720]  it's going to be an uphill battle like you said, but I'm willing to give it a try.
[01:38:35.720 --> 01:38:39.160]  Oh, well, you better try harder than you did at the trial.
[01:38:40.680 --> 01:38:42.200]  Well, I know that it's perfect.
[01:38:44.200 --> 01:38:45.880]  Gosh dang it. Okay, no.
[01:38:49.880 --> 01:38:56.760]  What about the lawsuit for deprivation of rights under car and ever law?
[01:38:58.040 --> 01:39:01.400]  You don't have a lawsuit unless you can get the conviction overturned.
[01:39:01.400 --> 01:39:05.400]  And then it's a malicious prosecution suit.
[01:39:10.360 --> 01:39:13.880]  Okay, so we'll take it step by step then.
[01:39:16.280 --> 01:39:25.320]  So what if I keep on traveling and I get pulled over again,
[01:39:25.320 --> 01:39:30.040]  and let's say that I have insurance in the car, but I don't have my license.
[01:39:31.480 --> 01:39:32.280]  What's going to happen?
[01:39:34.200 --> 01:39:35.560]  Well, take a wild guess.
[01:39:40.840 --> 01:39:43.800]  Don't you kind of think it'd be the same thing you're talking about right now?
[01:39:44.920 --> 01:39:49.480]  Yeah, but that'll probably be worse, right? Because that'll be like my second conviction
[01:39:49.480 --> 01:39:50.840]  or actually they're going to...
[01:39:50.840 --> 01:39:54.520]  Yeah, that's exactly what it'll be. It'll be a second conviction,
[01:39:54.520 --> 01:39:58.520]  which means they can charge you double what they did the first time
[01:39:58.520 --> 01:40:04.680]  and possibly escalate it to a higher level offense, like a class A, which is a year.
[01:40:06.040 --> 01:40:10.920]  Yeah. Okay, well, I definitely need to move on this then.
[01:40:12.520 --> 01:40:14.440]  What am I supposed to be looking for?
[01:40:15.240 --> 01:40:19.160]  Where do I go to check and see if this case can be reopened?
[01:40:21.000 --> 01:40:21.880]  Use some advice.
[01:40:21.880 --> 01:40:27.720]  Well, you need to check the code of criminal procedure and see what it says about reopening a case.
[01:40:27.720 --> 01:40:32.600]  You need to check and see what the rules of appellate procedures say about reopening a case after the fact.
[01:40:34.200 --> 01:40:36.360]  Okay, the rules of appellate procedures. Got it.
[01:40:38.600 --> 01:40:39.800]  Terrific. All right.
[01:40:41.400 --> 01:40:47.720]  Okay, man, I'm going to look into this and hopefully I'll be able to call you back next Monday
[01:40:47.720 --> 01:40:51.400]  or maybe give you a phone call or send you a text or something about having any more questions.
[01:40:51.400 --> 01:41:02.040]  Can I? And Eddie, to donate to you, do we do it the same way we did last time through a rule of law?
[01:41:03.000 --> 01:41:11.000]  Yeah. Okay. All right. I haven't been noting donating because I've been having a hard time,
[01:41:11.000 --> 01:41:16.040]  but I'm getting out of the hole now, so I'm going to be able to keep on helping out.
[01:41:16.040 --> 01:41:17.320]  Okay. Well, I appreciate it.
[01:41:17.320 --> 01:41:23.480]  All righty. We'll be in touch then. Thank you so much, man. And stop blimpin' and take good care of yourself.
[01:41:23.480 --> 01:41:25.320]  Thanks. I'll do my best.
[01:41:26.120 --> 01:41:27.320]  All righty. Bye-bye.
[01:41:27.320 --> 01:41:27.960]  Bye-bye.
[01:41:29.960 --> 01:41:36.040]  All right. Now, that being said, let's get to Eric in California.
[01:41:36.040 --> 01:41:41.000]  Eric, sorry about having to cut you off just as we were getting started there, but Carlos was in line first.
[01:41:41.000 --> 01:41:41.880]  So what you got?
[01:41:42.920 --> 01:41:45.720]  No worries. No worries. So I have two things, Mike.
[01:41:45.720 --> 01:41:53.480]  One is this parking ticket that I'm dealing with. I've sent in a written response just appealing
[01:41:54.920 --> 01:41:59.880]  that it's a bill of pains and penalty and prohibited constitutionally.
[01:42:00.520 --> 01:42:05.640]  And so I called back to follow-up and they said that it had been upheld by some administrator,
[01:42:05.640 --> 01:42:12.120]  which I didn't ask for. So what is the next step in this process?
[01:42:12.120 --> 01:42:17.000]  Well, which process are you in?
[01:42:19.000 --> 01:42:24.680]  It's an administrative parking ticket. So I had written in saying that I...
[01:42:24.680 --> 01:42:26.520]  Parking ticket under a city ordinance?
[01:42:26.520 --> 01:42:28.360]  Yes, correct.
[01:42:28.360 --> 01:42:31.320]  Does the California Constitution allow the city to make law?
[01:42:33.480 --> 01:42:34.200]  No, it does not.
[01:42:34.200 --> 01:42:40.360]  Then the ordinance is not a law then, right? Because it's not enacted by the state legislature.
[01:42:40.360 --> 01:42:44.760]  It's not in the form of a legislative bill. It doesn't have an enacting clause,
[01:42:44.760 --> 01:42:47.560]  and it did not originate in one of the two houses of the legislature,
[01:42:47.560 --> 01:42:50.200]  but with a city council that you didn't put into place.
[01:42:50.200 --> 01:42:53.560]  Or even if you did, it doesn't matter. They can't write state law, right?
[01:42:54.760 --> 01:42:55.080]  Okay.
[01:42:57.720 --> 01:43:04.440]  So how do they prove that you or someone subject to the administrative procedures bound to the city?
[01:43:04.440 --> 01:43:13.480]  Because as far as I know, city ordinances are essentially nothing more than corporate policy,
[01:43:14.360 --> 01:43:14.600]  right?
[01:43:16.040 --> 01:43:16.440]  Correct.
[01:43:17.080 --> 01:43:22.360]  So who is bound by corporate policy? For instance...
[01:43:22.360 --> 01:43:23.240]  Just the employees.
[01:43:24.440 --> 01:43:33.320]  If someone works for McDonald's, do they have a responsibility under the corporate policy of
[01:43:33.320 --> 01:43:37.880]  Burger King to do things the way Burger King does it or to do things the way McDonald's does it?
[01:43:40.680 --> 01:43:41.640]  Yep, McDonald's.
[01:43:41.640 --> 01:43:48.360]  Okay. And the only people that McDonald's can make a comply with that policy is its employees,
[01:43:48.360 --> 01:43:52.920]  its contractors, and who else? Its officers, right?
[01:43:54.520 --> 01:43:57.720]  Hang on just a second. Let me take this break and we'll be right back to finish this.
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[01:45:01.560 --> 01:45:04.120]  Are you the plaintiff or defendant in a lawsuit?
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[01:45:49.320 --> 01:45:56.920]  prosay tactics, and much more. Please visit ruleoflongradio.com and click on the banner.
[01:45:56.920 --> 01:46:22.920]  Or call toll-free 866-LAW-EZ.
[01:46:27.400 --> 01:46:38.920]  Bad as a bone.
[01:46:38.920 --> 01:46:42.920]  I broke a thousand hearts before I made two.
[01:46:42.920 --> 01:46:48.920]  I'll break a thousand more, baby, before I am two.
[01:46:48.920 --> 01:46:52.920]  I want to be yours pretty baby, yours and yours alone.
[01:46:52.920 --> 01:46:58.920]  I'm here to tell you how to have a little bad as a bone.
[01:46:58.920 --> 01:47:08.920]  Bad as a bone.
[01:47:08.920 --> 01:47:20.920]  Bad as a bone.
[01:47:20.920 --> 01:47:22.920]  Alright folks, we are back.
[01:47:22.920 --> 01:47:24.920]  This is rule of law radio.
[01:47:24.920 --> 01:47:30.920]  We are now in the last segment of this show, and we are currently talking to Eric in California.
[01:47:30.920 --> 01:47:32.920]  If I can get this here music to go down behind me there.
[01:47:32.920 --> 01:47:36.920]  Alright Eric, let's continue this and get her finished here, shall we?
[01:47:36.920 --> 01:47:46.920]  Now, considering that it's officers, employees, and contractors, and those that willingly obey them,
[01:47:46.920 --> 01:47:52.920]  who is left for this policy to be used upon as binding law?
[01:47:52.920 --> 01:47:58.920]  No one.
[01:47:58.920 --> 01:48:02.920]  So, you have a constitutional argument to make here.
[01:48:02.920 --> 01:48:08.920]  And if you don't know how to make it, go to my legal blog, because I got tons of articles up there on ordinance as not being law,
[01:48:08.920 --> 01:48:12.920]  including a set of interrogatories for it.
[01:48:12.920 --> 01:48:18.920]  Now, the interrogatories in this particular case, nobody apprehended you and pulled you over to write you a parking ticket, right?
[01:48:18.920 --> 01:48:20.920]  Correct.
[01:48:20.920 --> 01:48:32.920]  So, the issue here becomes, let me give you an example of something you might want to go looking for.
[01:48:32.920 --> 01:48:38.920]  Look in the city charter and see what specifically in the city ordinances or codes deals with parking and who it applies to.
[01:48:38.920 --> 01:48:48.920]  Because here in the city of Austin, the city ordinance under Title XII specifically says that their only authority to regulate parking is in relation to government-owned and operated vehicles.
[01:48:48.920 --> 01:49:00.920]  That is all they're authorized to deal with, but they write tickets to everybody, and it's not legal.
[01:49:00.920 --> 01:49:02.920]  Okay.
[01:49:02.920 --> 01:49:06.920]  I did read something online about their city charter.
[01:49:06.920 --> 01:49:10.920]  It piggybacks off of the California vehicle code.
[01:49:10.920 --> 01:49:12.920]  Okay.
[01:49:12.920 --> 01:49:20.920]  Well, again, that doesn't tell you what it says. You need to see what it says, and just remember that even if it piggybacks off the vehicle code,
[01:49:20.920 --> 01:49:26.920]  the city ordinance that they're charging you under the ordinance, they're not charging you with an offense that they can enforce against you.
[01:49:26.920 --> 01:49:28.920]  Okay.
[01:49:28.920 --> 01:49:40.920]  They have to charge you under the state law, and the state law has to be shown to be applicable to you specifically in that regard in order for them to use it.
[01:49:40.920 --> 01:49:42.920]  Okay.
[01:49:42.920 --> 01:49:44.920]  Okay.
[01:49:44.920 --> 01:49:48.920]  So on your legal blog, you were saying some interrogatories that...
[01:49:48.920 --> 01:49:56.920]  Yeah, there's seven interrogatories, but those apply when a cop or someone else actually stops you to write you the ticket.
[01:49:56.920 --> 01:49:58.920]  Okay. I've used those before.
[01:49:58.920 --> 01:50:00.920]  Yeah.
[01:50:00.920 --> 01:50:02.920]  Okay.
[01:50:02.920 --> 01:50:04.920]  That answers that one.
[01:50:04.920 --> 01:50:06.920]  I'll take care of that.
[01:50:06.920 --> 01:50:18.920]  The next thing I have, this is just off the topic, but restraining orders and domestic violence, things like that, where they hold the hearing in a civil court.
[01:50:18.920 --> 01:50:28.920]  But then if you're found guilty in the issue of restraining order, at least in California, one would lose the right to have...
[01:50:28.920 --> 01:50:30.920]  Yeah, they're trying to tell you it's quasi-criminal.
[01:50:30.920 --> 01:50:46.920]  It's a civil action with a criminal penalty. That is absolutely unconstitutional on its face because it violates the very right of due process that you have in a criminal action to testify against yourself and for them to have the burden of proof, etc., etc.
[01:50:46.920 --> 01:50:50.920]  It completely backwards everything in the way this works.
[01:50:50.920 --> 01:51:04.920]  It reverses the whole role, and it's just not constitutional for them to get away with doing it that way. But nobody challenges it because nobody's taught their constitution, nobody reads it, and when they read it, they don't understand it.
[01:51:04.920 --> 01:51:08.920]  So they lose because they have no idea how to argue it.
[01:51:08.920 --> 01:51:16.920]  So what would you recommend in a situation like that where it's quasi-criminal but they're trying to take away...
[01:51:16.920 --> 01:51:24.920]  I want them to show me where the state constitution or any law in that state uses the word quasi to establish a jurisdiction.
[01:51:24.920 --> 01:51:38.920]  There is no such thing under any known law in America as a quasi-jurisdiction. You either have a type of jurisdiction which is civil, criminal, or administrative, or you have none.
[01:51:38.920 --> 01:51:44.920]  And the administrative must follow civil rules, not a combination of rules like they're trying to do now.
[01:51:44.920 --> 01:51:48.920]  Okay.
[01:51:48.920 --> 01:51:52.920]  Yeah, there's just some bad situations out there with people I know that...
[01:51:52.920 --> 01:52:00.920]  Well, they're bad everywhere. They're doing this in every state, and it is the bar associations controlling the legislatures that are causing it to happen.
[01:52:00.920 --> 01:52:16.920]  They are controlling society through these unconstitutionally mandated laws and malimprohibitim acts that cannot be binding upon the people, but these courts and these criminal attorneys try to make them apply anyway.
[01:52:16.920 --> 01:52:26.920]  Okay. What were you saying about firearms? How is the federal definition is different from the state's definitions, and you can use that towards your advantage?
[01:52:26.920 --> 01:52:34.920]  I never said that. I said in a federal firearms case they can't charge you without using the federal definition.
[01:52:34.920 --> 01:52:35.920]  Okay.
[01:52:35.920 --> 01:52:46.920]  And the federal definition specifically says that it applies only to certain kinds of guns, and it's not a handgun. No way shape or form is it a handgun.
[01:52:46.920 --> 01:52:49.920]  Oh, okay. So it's just like long rifles and shotguns?
[01:52:49.920 --> 01:52:59.920]  Specific kinds of long rifles, such as sawed off shotguns, smoothbore guns, but not actual rifled rifles.
[01:52:59.920 --> 01:53:07.920]  Okay. All right, I'll do some more reading on that. I appreciate your help.
[01:53:07.920 --> 01:53:08.920]  Yes, sir.
[01:53:08.920 --> 01:53:09.920]  All right, thank you.
[01:53:09.920 --> 01:53:11.920]  Yes, sir. You have a good night. Thanks for calling.
[01:53:11.920 --> 01:53:12.920]  All right, you too.
[01:53:12.920 --> 01:53:13.920]  All right. Bye-bye.
[01:53:13.920 --> 01:53:23.920]  All right, now we have Brett in Texas. Brett, what can we do for you? And you got five minutes, or actually you got three minutes to get it done in.
[01:53:23.920 --> 01:53:30.920]  All right, we'll get going with what we've got. First off, thank you very much. I appreciate all your input.
[01:53:30.920 --> 01:53:35.920]  I keep going and finding these things on your legal blog that, you know, it's dated a long time ago.
[01:53:35.920 --> 01:53:44.920]  I keep finding useful things for the future of the present day based on things that you invested into all of us already.
[01:53:44.920 --> 01:53:45.920]  Thank you.
[01:53:45.920 --> 01:53:46.920]  Thank you.
[01:53:46.920 --> 01:53:55.920]  Right now, I am dealing with a corrupt municipal judge and I'm filing some criminal complaints.
[01:53:55.920 --> 01:54:08.920]  One of them is for him making a threat against me. I had a pre-trial motions hearing. He was upset because I had already filed criminal complaints against him and he let me know it.
[01:54:08.920 --> 01:54:21.920]  And so I took that as a threat and I've written out this document about penal code 3606 and 3605 obstruction retaliation tampering with a witness.
[01:54:21.920 --> 01:54:23.920]  I don't have a very good feeling about it.
[01:54:23.920 --> 01:54:27.920]  3902 and 3903.
[01:54:27.920 --> 01:54:31.920]  Okay, yeah, that too. The abuse of office and official oppression.
[01:54:31.920 --> 01:54:35.920]  Well, and that's what I actually thought against him already for those.
[01:54:35.920 --> 01:54:41.920]  Yeah, but he's just compounded those same offenses again in everything else he did.
[01:54:41.920 --> 01:54:49.920]  Do you think that there's anything, am I getting into any kind of dangerous waters by filing against him for...
[01:54:49.920 --> 01:54:59.920]  Legally speaking, no. Personally speaking, I can't answer that. I don't know the people you're dealing with and I don't know how corrupt and far they're willing to go.
[01:54:59.920 --> 01:55:00.920]  Yeah.
[01:55:00.920 --> 01:55:10.920]  So I can't answer that question in totality. I can only tell you that from a legal perspective, you have every right to file a criminal complaint against a criminal who's proving themselves to be a criminal.
[01:55:10.920 --> 01:55:19.920]  It doesn't matter what they call themselves in the daylight, the crimes they're committing under the color of that authority or that darkness still make some criminals.
[01:55:19.920 --> 01:55:24.920]  And you have every right to file a complaint for any crime you suspect has been committed.
[01:55:24.920 --> 01:55:43.920]  Yeah, I just assume and put everything in there that I can to make him show up all of his fault in everything he did wrong in every way I can and make it look as bad as I can, you know, without going over the line where I'm not telling the truth, obviously.
[01:55:43.920 --> 01:55:53.920]  Everything he did, I think it needs to be highlighted. I just don't have a good feeling about this one and I'm wondering if you have some insight about that.
[01:55:53.920 --> 01:56:02.920]  Well, again, I don't have specifics to go by on this, but what did he say that you took as a threat?
[01:56:02.920 --> 01:56:10.920]  And why was he even talking to you if you had criminal charges already filed against him? Why was he even present in court?
[01:56:10.920 --> 01:56:25.920]  The district judge, who I filed the motion for his disqualification, the district judge came in and had already decided it was going to be denied. It was obvious from the get go. Walked in there 30 seconds later it was denied and he walked away.
[01:56:25.920 --> 01:56:37.920]  And I was saying, you're on our object, you're on our, come back here, and he wouldn't, he walked out from the left. So the district judge had denied the disqualification and put this crypt back up here on the bench.
[01:56:37.920 --> 01:56:44.920]  Okay. And what was the allegation against the judge for the charges? What had the judge done wrong?
[01:56:44.920 --> 01:56:58.920]  So that was the first time around was that he did not correct the, the first thing was he didn't give me his fax number. So I called him on that for official oppression.
[01:56:58.920 --> 01:57:07.920]  I wanted the court fax number. They said they had a policy that they don't give it to anybody for lawyers and I filed criminal charges against him.
[01:57:07.920 --> 01:57:15.920]  Well, that's the amount of access to the court. So yeah, that's an official duty issue. So that's a valid charge.
[01:57:15.920 --> 01:57:20.920]  So then they weren't, they weren't letting me see the record.
[01:57:20.920 --> 01:57:40.920]  That's an open records violation. Well, not just that, the 552 of the Open Records Act chapter 552 specifically says that the adjudicatory files of the courts are 100% public record and they cannot deny access to them.
[01:57:40.920 --> 01:57:50.920]  They must be made available to any member of the public that requests to see them. That's a violation and a criminal act under 552.353 when they do not.
[01:57:50.920 --> 01:58:04.920]  So that's a valid criminal complaint. So now you need to file criminal complaints against the head judge for aiding and abetting in the criminality of the lower court judge because that's exactly what he did.
[01:58:04.920 --> 01:58:11.920]  The district judge or the avenue judge. Whoever came in and said your motion to disqualify is denied.
[01:58:11.920 --> 01:58:19.920]  You need to file criminal complaints for criminal collusion and failure to apply the law to the fax.
[01:58:19.920 --> 01:58:20.920]  Okay.
[01:58:20.920 --> 01:58:25.920]  Okay. And I hate to tell you, man, but I am out of time. So I got to go. Thanks for calling.
[01:58:25.920 --> 01:58:34.920]  All right, folks, this has been the Monday Night Rule of Law radio show with your host, Eddie Craig. I want to thank all the people that called in and all the people that may be out there listening right now.
[01:58:34.920 --> 01:58:38.920]  I hope y'all have a great week. Good night and God bless.
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