ROL_2022-03-28_64k.timecode

[00:00:00.000 --> 00:00:01.780]   [MUSIC]
[00:00:01.780 --> 00:00:05.600]   The Bill of Rights contains the first ten amendments of our Constitution.
[00:00:05.600 --> 00:00:09.280]   They guarantee the specific freedoms Americans should know and protect.
[00:00:09.280 --> 00:00:10.960]   Our liberty depends on it.
[00:00:10.960 --> 00:00:12.280]   I'm Dr. Catherine Albrecht, and
[00:00:12.280 --> 00:00:16.400]   I'll be right back with an unforgettable way to remember your First Amendment rights.
[00:00:16.400 --> 00:00:18.360]   >> Privacy is under attack.
[00:00:18.360 --> 00:00:21.960]   When you give up data about yourself, you'll never get it back again.
[00:00:21.960 --> 00:00:26.720]   And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:00:26.720 --> 00:00:28.160]   So protect your rights.
[00:00:28.160 --> 00:00:32.000]   Say no to surveillance and keep your information to yourself.
[00:00:32.000 --> 00:00:34.520]   Privacy, it's worth hanging on to.
[00:00:34.520 --> 00:00:38.120]   This public service announcement is brought to you by startpage.com,
[00:00:38.120 --> 00:00:42.080]   the private search engine alternative to Google, Yahoo, and Bing.
[00:00:42.080 --> 00:00:44.160]   Start over with Startpage.
[00:00:44.160 --> 00:00:47.640]   >> Spar, it's what fighters do.
[00:00:47.640 --> 00:00:51.160]   It's also how I remember the five guarantees of the First Amendment.
[00:00:51.160 --> 00:00:54.240]   If you plan to take away my rights, I'm going to spar with you.
[00:00:54.240 --> 00:00:56.560]   >> S-P-A-R with an extra P.
[00:00:56.560 --> 00:01:02.160]   S for speech, P for press, another P for petition, A for assembly, and R for
[00:01:02.160 --> 00:01:02.840]   religion.
[00:01:02.840 --> 00:01:06.480]   Most Americans are familiar with the First Amendment guarantees of free speech,
[00:01:06.480 --> 00:01:08.400]   press, assembly, and religion.
[00:01:08.400 --> 00:01:10.760]   But petition for redress is another matter.
[00:01:10.760 --> 00:01:14.480]   We have the right to petition the government for a redress of grievances.
[00:01:14.480 --> 00:01:17.440]   It means that if we're unhappy with what's going on in our government,
[00:01:17.440 --> 00:01:21.280]   we can spell out the reasons without fear of being thrown into jail.
[00:01:21.280 --> 00:01:22.560]   I'm Dr. Catherine Albrecht.
[00:01:22.560 --> 00:01:25.520]   More news and information at CatherineAlbrecht.com.
[00:01:25.520 --> 00:01:31.520]   [MUSIC]
[00:01:31.520 --> 00:01:35.040]   Pressure, we usually associate it with stress and negativity, but
[00:01:35.040 --> 00:01:37.560]   sometimes a bit of pressure can be healing.
[00:01:37.560 --> 00:01:40.600]   I'm Dr. Catherine Albrecht, and I'll be back to tell you how conditions like
[00:01:40.600 --> 00:01:45.800]   nausea can be cured using the traditional Chinese therapy known as acupressure.
[00:01:45.800 --> 00:01:47.760]   >> Privacy is under attack.
[00:01:47.760 --> 00:01:51.400]   When you give up data about yourself, you'll never get it back again.
[00:01:51.400 --> 00:01:56.160]   And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:01:56.160 --> 00:01:57.560]   So protect your rights.
[00:01:57.560 --> 00:02:01.400]   Say no to surveillance and keep your information to yourself.
[00:02:01.400 --> 00:02:03.880]   Privacy, it's worth hanging on to.
[00:02:03.880 --> 00:02:07.480]   This public service announcement is brought to you by Startpage.com,
[00:02:07.480 --> 00:02:11.440]   the private search engine alternative to Google, Yahoo, and Bing.
[00:02:11.440 --> 00:02:13.520]   Start over with Startpage.
[00:02:13.520 --> 00:02:18.320]   >> Acupressure is an ancient practice that uses finger or
[00:02:18.320 --> 00:02:21.880]   hand pressure to cure everything from headaches to constipation.
[00:02:21.880 --> 00:02:25.280]   The pressure is applied to points known as meridians that are believed to control
[00:02:25.280 --> 00:02:27.480]   the flow of energy in the human body.
[00:02:27.480 --> 00:02:31.400]   Acupressure offers a simple cure for nausea you might try the next time you get
[00:02:31.400 --> 00:02:34.360]   a queasy stomach or a case of motion sickness.
[00:02:34.360 --> 00:02:37.680]   Simply apply moderate pressure to the point known as P6.
[00:02:37.680 --> 00:02:39.480]   You'll find it on the inside of your wrist,
[00:02:39.480 --> 00:02:42.120]   about two fingers width down from your palm.
[00:02:42.120 --> 00:02:46.440]   Placing pressure on the P6 point works on the same principle as those pricey
[00:02:46.440 --> 00:02:50.520]   anti-nausea wristbands, but this relief is free and always on hand.
[00:02:50.520 --> 00:02:52.800]   I'm Dr. Katherine Albrecht.
[00:02:52.800 --> 00:02:55.720]   More news and information at katherinealbrecht.com.
[00:02:55.720 --> 00:03:05.720]   [MUSIC]
[00:03:05.720 --> 00:03:15.720]   [MUSIC]
[00:03:15.720 --> 00:03:32.160]   >> Good evening, folks.
[00:03:32.160 --> 00:03:35.200]   This is the Monday Night Rule of Law Radio Show with your host, Eddie Craig.
[00:03:35.200 --> 00:03:37.920]   It is March 28, 2022.
[00:03:37.920 --> 00:03:41.880]   We are live tonight, and I do apologize for my absence.
[00:03:41.880 --> 00:03:47.000]   I have been working diligently on the new seminar book, just as fast and
[00:03:47.000 --> 00:03:48.680]   furious as I possibly can, but
[00:03:48.680 --> 00:03:52.720]   still trying to be as complete and accurate and thorough as possible.
[00:03:52.720 --> 00:03:57.280]   That said, I don't have a whole lot to go into tonight at the beginning of
[00:03:57.280 --> 00:04:04.880]   the show, so if you wanna start calling in, the call-in number is 512-646-1984.
[00:04:04.880 --> 00:04:08.000]   I was beginning to wonder if I was gonna make it around to the show today.
[00:04:08.000 --> 00:04:09.120]   I had so much going on,
[00:04:09.120 --> 00:04:12.080]   I didn't know if I was gonna be able to get back in time to get it done, but
[00:04:12.080 --> 00:04:13.280]   here I am.
[00:04:13.280 --> 00:04:15.560]   So I'm not prepared, but we are on.
[00:04:15.560 --> 00:04:19.360]   So if you wanna call in and talk, call that number and let's do that.
[00:04:19.360 --> 00:04:26.160]   In the meantime, the book is now up to 240 some odd pages,
[00:04:26.160 --> 00:04:31.800]   some of which you've seen at some point in the past,
[00:04:31.800 --> 00:04:36.080]   some of which you most certainly have not, especially not written in this detail and
[00:04:36.080 --> 00:04:37.440]   this degree.
[00:04:37.440 --> 00:04:42.040]   And most certainly it is not something that our public servants have ever seen
[00:04:42.040 --> 00:04:42.560]   before.
[00:04:42.560 --> 00:04:51.040]   That said, my hope is to make this book useful to such an extent
[00:04:51.040 --> 00:04:55.320]   that you can literally throw it into court as evidence.
[00:04:55.320 --> 00:04:59.880]   And all we have to do is make judicial notice of the stuff it contains,
[00:04:59.880 --> 00:05:02.040]   because everything it contains is Texas statute.
[00:05:02.040 --> 00:05:05.160]   The discussion on it, everything about it.
[00:05:05.160 --> 00:05:11.320]   Hopefully at some point, if I can get this published correctly and
[00:05:11.320 --> 00:05:16.280]   actually get it set up that way, then I can actually be called in as
[00:05:16.280 --> 00:05:20.360]   an expert witness on this subject because of the book, but we will see.
[00:05:20.360 --> 00:05:22.840]   That's what I'm shooting for anyway.
[00:05:22.840 --> 00:05:27.560]   Now, we got lots of stuff in the hopper here,
[00:05:27.560 --> 00:05:30.600]   most of which is we need money folks.
[00:05:30.600 --> 00:05:35.080]   I hate to say it, but I understand how times are getting for everybody.
[00:05:35.080 --> 00:05:39.200]   Believe me, I do and believe me, I know who is responsible for it.
[00:05:39.200 --> 00:05:43.800]   But if at all possible, please remember that we can't do what we do without you
[00:05:43.800 --> 00:05:46.800]   guys, none of us are independently wealthy.
[00:05:46.800 --> 00:05:51.680]   If you can support us even on a regular basis with a little bit money every month,
[00:05:51.680 --> 00:05:55.560]   that goes a long way to getting us to places we couldn't otherwise reach on our
[00:05:55.560 --> 00:05:59.960]   own, so please help us as much as you can.
[00:05:59.960 --> 00:06:02.600]   Now that said, I have a couple of callers on the board here.
[00:06:02.600 --> 00:06:05.280]   First up appears to be Jane in Texas.
[00:06:05.280 --> 00:06:06.600]   Jane, what can we do for you?
[00:06:06.600 --> 00:06:08.520]   >> My gosh, already?
[00:06:08.520 --> 00:06:09.160]   I wasn't ready yet.
[00:06:09.160 --> 00:06:12.160]   Hi Eddie, how are you doing?
[00:06:12.160 --> 00:06:13.920]   >> Good, how are you doing?
[00:06:13.920 --> 00:06:14.520]   >> I'm all right.
[00:06:14.520 --> 00:06:16.600]   I'm stressing a little bit,
[00:06:16.600 --> 00:06:19.960]   getting closer to the day that I'm going to be going to court the day after tomorrow.
[00:06:21.840 --> 00:06:26.720]   My main, like I was telling you in class,
[00:06:26.720 --> 00:06:31.200]   I get thrown off with different things that I read.
[00:06:31.200 --> 00:06:35.360]   And since I didn't get to go over the chapter four with y'all in class,
[00:06:35.360 --> 00:06:39.800]   I sent you an email today about chapter four.
[00:06:39.800 --> 00:06:47.440]   And it seems to me like the chapter four that the municipal court gets jurisdiction.
[00:06:49.600 --> 00:06:50.760]   Do I need to bring it up?
[00:06:50.760 --> 00:06:55.400]   >> Okay, get jurisdiction of what and how?
[00:06:55.400 --> 00:07:05.240]   >> Criminal charges, and there are state criminal charges, like penal codes.
[00:07:05.240 --> 00:07:10.600]   >> Okay, if the complaint is not valid,
[00:07:10.600 --> 00:07:17.640]   which we have determined it is not because it does not comply with law, okay?
[00:07:17.640 --> 00:07:21.960]   It does not charge an offense against the laws of this state.
[00:07:21.960 --> 00:07:28.920]   It charges an offense against an ordinance, which is not a law of this state, okay?
[00:07:28.920 --> 00:07:31.160]   >> Okay.
[00:07:31.160 --> 00:07:36.560]   >> It's not signed by a credible person as the affiant.
[00:07:36.560 --> 00:07:39.640]   It is signed by a clerk of the municipal court,
[00:07:39.640 --> 00:07:43.680]   which creates an immediate conflict with the court trying the case,
[00:07:43.680 --> 00:07:47.400]   because their agent is also the accuser.
[00:07:47.400 --> 00:07:48.160]   You see the problem?
[00:07:48.160 --> 00:07:50.080]   >> Yes, I do.
[00:07:50.080 --> 00:07:55.520]   But you were saying in chapter 45, the application on chapter where
[00:07:55.520 --> 00:07:58.800]   it doesn't tell them what to do, then they have to go to the rules.
[00:07:58.800 --> 00:08:07.440]   But the other day we were talking about, if I don't object to the defect or
[00:08:07.440 --> 00:08:10.880]   error in a regularity of form of substance in a charging instrument for
[00:08:10.880 --> 00:08:15.640]   the date on which the trial, then I waive or forfeit that right.
[00:08:15.640 --> 00:08:19.120]   But right before that, that was an F.
[00:08:19.120 --> 00:08:22.720]   But in D and E and 1, 2, 3, 4,
[00:08:22.720 --> 00:08:28.280]   after that, it gives those people in chapter 45,
[00:08:28.280 --> 00:08:34.200]   except for the fact that it gives the municipal judge,
[00:08:34.200 --> 00:08:41.560]   the clerk, and the city secretary, and all those people permission to sign the complaint.
[00:08:41.560 --> 00:08:44.320]   >> They cannot sign it as the affiant.
[00:08:45.600 --> 00:08:47.640]   They can witness the complaint.
[00:08:47.640 --> 00:08:54.640]   But the problem is they are not authorized to do it as an officer,
[00:08:54.640 --> 00:08:59.240]   which is what's required and it's not done under oath with a proper juror.
[00:08:59.240 --> 00:09:01.440]   It's not a sworn complaint.
[00:09:01.440 --> 00:09:08.400]   Even chapter 45 says it must be a sworn complaint.
[00:09:08.400 --> 00:09:13.520]   Well, there's no juror and there's no one there with personal knowledge.
[00:09:13.520 --> 00:09:17.440]   So it cannot be sworn, end of discussion.
[00:09:17.440 --> 00:09:18.960]   There's no debate about that.
[00:09:18.960 --> 00:09:25.280]   >> Okay, okay, so then a proper juror would be meaning that it has to be by
[00:09:25.280 --> 00:09:29.280]   someone who's given the power to administer- >> Someone who is doing it
[00:09:29.280 --> 00:09:33.920]   under penalty of perjury from first hand knowledge, and they're not.
[00:09:33.920 --> 00:09:36.960]   >> Okay, all right.
[00:09:36.960 --> 00:09:42.600]   So I really can't get, they can't get past that on the hearing.
[00:09:42.600 --> 00:09:45.080]   As long as I can present it, as long as I can sell on that.
[00:09:45.080 --> 00:09:50.040]   >> The Texas Constitution and the Code of Criminal Procedure all say it must be
[00:09:50.040 --> 00:09:51.000]   sworn.
[00:09:51.000 --> 00:09:55.080]   They cannot make it sworn by someone without personal knowledge.
[00:09:55.080 --> 00:09:57.080]   The law in Texas will not allow it.
[00:09:57.080 --> 00:10:04.120]   >> Okay, okay, well, sir, they're just assuming from fact of,
[00:10:04.120 --> 00:10:10.240]   I mean, they're actually just doing it- >> The last email I sent you and
[00:10:10.240 --> 00:10:14.960]   told you what to fill out and how to do it is what you need to do.
[00:10:14.960 --> 00:10:21.120]   And you are not limited by the time you can do it because it's a subject matter
[00:10:21.120 --> 00:10:23.240]   jurisdiction challenge.
[00:10:23.240 --> 00:10:26.280]   If there's no proper complaint before the court,
[00:10:26.280 --> 00:10:30.640]   they can't just simply say you waived it and let it through.
[00:10:30.640 --> 00:10:34.360]   If the complaint's invalid because of lack of jurisdiction and
[00:10:34.360 --> 00:10:38.320]   no proper jurat and it was never sworn, it's invalid period.
[00:10:38.320 --> 00:10:40.520]   And the statute can't make it not so.
[00:10:40.520 --> 00:10:45.520]   >> Okay, okay, so before, so if I can get it,
[00:10:45.520 --> 00:10:50.400]   which one would be first, that one or the statute of limitations?
[00:10:50.400 --> 00:10:55.760]   >> They, it's all the same arguments.
[00:10:55.760 --> 00:10:59.840]   They lack jurisdiction because they're past statute of limitations.
[00:10:59.840 --> 00:11:04.120]   They lack jurisdiction because there is no properly sworn complaint before
[00:11:04.120 --> 00:11:04.840]   the court.
[00:11:04.840 --> 00:11:10.000]   They lack jurisdiction because the court cannot be both the complainant and
[00:11:10.000 --> 00:11:12.800]   the trier of the fact and the law.
[00:11:12.800 --> 00:11:13.720]   They can't do it.
[00:11:13.720 --> 00:11:15.040]   It's a conflict of interest.
[00:11:15.040 --> 00:11:19.160]   >> Okay, yeah, I just needed, I'm sorry, I just needed this pep talk so
[00:11:19.160 --> 00:11:21.200]   I could get, make sure I got it straight.
[00:11:21.200 --> 00:11:26.560]   I need to quit looking at other things and just, I'm gonna make a sheet of stuff
[00:11:26.560 --> 00:11:29.840]   that I just need to stick to the point that- >> It's not that you need to keep
[00:11:29.840 --> 00:11:31.440]   quit looking at other things.
[00:11:31.440 --> 00:11:32.960]   The other things you're looking at,
[00:11:32.960 --> 00:11:38.560]   you need to understand why they won't save them, based upon what I'm telling you.
[00:11:38.560 --> 00:11:40.060]   >> Okay.
[00:11:40.060 --> 00:11:44.600]   >> See, every time you read something new that seems to work,
[00:11:44.600 --> 00:11:47.440]   then you say, okay, that takes precedence in your mind.
[00:11:47.440 --> 00:11:48.200]   No, it doesn't.
[00:11:48.200 --> 00:11:52.720]   If they violated the Constitution and due process,
[00:11:52.720 --> 00:11:55.160]   nothing else is going to fix their problem.
[00:11:55.160 --> 00:11:57.520]   >> Okay, okay.
[00:11:59.680 --> 00:12:02.800]   All right, okay, I'm not gonna take up all your time.
[00:12:02.800 --> 00:12:05.600]   I know you got a bunch of other people to talk to, so-
[00:12:05.600 --> 00:12:06.440]   >> Well, we can only hope.
[00:12:06.440 --> 00:12:09.920]   [LAUGH] >> All right,
[00:12:09.920 --> 00:12:11.800]   well, if I don't get something else, I'm gonna call back.
[00:12:11.800 --> 00:12:13.040]   Okay, thanks, Eddie.
[00:12:13.040 --> 00:12:14.480]   >> All right, you're welcome.
[00:12:14.480 --> 00:12:15.440]   >> All right, bye-bye.
[00:12:15.440 --> 00:12:15.940]   >> Bye-bye.
[00:12:15.940 --> 00:12:22.120]   All right, call in number 512-646-1984.
[00:12:22.120 --> 00:12:23.720]   Give us a call, people, let's talk.
[00:12:23.720 --> 00:12:25.520]   We are live tonight.
[00:12:25.520 --> 00:12:27.760]   All right, we have John in New York.
[00:12:27.760 --> 00:12:29.000]   John, what can we do for you?
[00:12:30.440 --> 00:12:34.080]   >> Well, I've got kind of a convoluted story to tell you, and
[00:12:34.080 --> 00:12:36.320]   here it goes, it involves DWI.
[00:12:36.320 --> 00:12:43.680]   Two girls were at a house, and I guess there might have been a party, and
[00:12:43.680 --> 00:12:45.080]   they had a couple of drinks each.
[00:12:45.080 --> 00:12:49.880]   And they got into the car near the house.
[00:12:49.880 --> 00:12:54.400]   The house has a camera, an outside camera, and
[00:12:54.400 --> 00:12:57.800]   that camera was aimed at the car when they got in.
[00:12:57.800 --> 00:13:00.120]   So there's some evidence there who was driving.
[00:13:00.120 --> 00:13:05.040]   Later, the car got stopped doing 68 in a 45.
[00:13:05.040 --> 00:13:10.680]   And the cop saw the girl get into the,
[00:13:10.680 --> 00:13:14.880]   saw the real driver get into the back seat.
[00:13:14.880 --> 00:13:16.240]   She jumped into the back seat.
[00:13:16.240 --> 00:13:18.720]   And there was the other girl,
[00:13:18.720 --> 00:13:21.360]   the passenger, sitting on the passenger side in the front.
[00:13:22.360 --> 00:13:27.680]   The cop actually saw the girl who was the passenger slide over
[00:13:27.680 --> 00:13:31.000]   to the driver's side to open the window to talk to the cop.
[00:13:31.000 --> 00:13:38.680]   So we got the real driver jumping in the back seat, and we got the passenger
[00:13:38.680 --> 00:13:45.160]   sliding over, and the cop saw her slide over in order to open the window.
[00:13:45.160 --> 00:13:50.040]   The girl six times, and
[00:13:50.040 --> 00:13:55.000]   the cop kept asking the real girl driver, who was now in the back seat, questions.
[00:13:55.000 --> 00:14:01.080]   And the passenger girl six times said,
[00:14:01.080 --> 00:14:04.700]   you were driving the car, answer the officer.
[00:14:04.700 --> 00:14:07.080]   You were driving the car, answer the officer.
[00:14:07.080 --> 00:14:11.760]   And the cop himself said three or four times,
[00:14:11.760 --> 00:14:15.080]   why did you get out of the driver's seat and get into the back seat?
[00:14:15.080 --> 00:14:19.400]   He asked the real driver that question three or four times.
[00:14:20.600 --> 00:14:22.840]   Why'd you get out of the front seat and get into the back?
[00:14:22.840 --> 00:14:27.680]   And the whole time the cop had the light shining,
[00:14:27.680 --> 00:14:33.760]   the spotlight shining on the inside of the car from behind.
[00:14:33.760 --> 00:14:38.280]   So you would think he probably saw any movement in the car as well.
[00:14:38.280 --> 00:14:44.320]   But we can't speak for the cop, but I guarantee you he was watching.
[00:14:46.880 --> 00:14:54.440]   Let's see, then the girl said several times at the police station,
[00:14:54.440 --> 00:15:01.120]   the passenger girl said the other girl was driving, I was not driving.
[00:15:01.120 --> 00:15:04.720]   And she said that several times.
[00:15:04.720 --> 00:15:06.600]   The cop ignored her, naturally.
[00:15:06.600 --> 00:15:14.320]   And the real driver later was talking to someone who was incarcerated.
[00:15:15.480 --> 00:15:19.520]   And you know those two-way phones that they have with the little glass window in
[00:15:19.520 --> 00:15:20.040]   between?
[00:15:20.040 --> 00:15:22.440]   Well, they record those calls.
[00:15:22.440 --> 00:15:29.760]   And the real driver admitted to the sister of the girl,
[00:15:29.760 --> 00:15:32.000]   who was the passenger, if you could follow that.
[00:15:32.000 --> 00:15:37.200]   She, well, the bottom line is she admitted that she was the driver and
[00:15:37.200 --> 00:15:38.960]   the other girl wasn't.
[00:15:38.960 --> 00:15:40.600]   And those calls are recorded.
[00:15:40.600 --> 00:15:44.760]   So that's the most convoluted situation I have ever run across.
[00:15:45.680 --> 00:15:49.600]   In my experience, so there you have it.
[00:15:49.600 --> 00:15:50.280]   Any comments?
[00:15:50.280 --> 00:15:53.920]   >> Such as what?
[00:15:53.920 --> 00:15:57.360]   What is there to comment on?
[00:15:57.360 --> 00:16:00.800]   The sheer stupidity of all this is beyond talking about.
[00:16:00.800 --> 00:16:03.440]   The cop saw everything.
[00:16:03.440 --> 00:16:07.960]   The girl's gonna wind up getting more charges on her for
[00:16:07.960 --> 00:16:10.400]   giving false information to a police officer.
[00:16:11.760 --> 00:16:13.880]   Cuz he's got her dead to rights if he saw her.
[00:16:13.880 --> 00:16:18.440]   >> Excuse me, excuse me.
[00:16:18.440 --> 00:16:21.560]   The passenger got arrested for DWI.
[00:16:21.560 --> 00:16:23.120]   I forgot the most important part.
[00:16:23.120 --> 00:16:27.080]   The passenger got arrested for DWI.
[00:16:27.080 --> 00:16:31.760]   And she blew a 1A, according to the cop.
[00:16:31.760 --> 00:16:36.160]   And in New York State, it's 0.08.
[00:16:36.160 --> 00:16:38.080]   >> Well, it's 0.08 everywhere.
[00:16:38.080 --> 00:16:41.280]   Hang on just a second, and we'll be right back after this break.
[00:16:43.280 --> 00:16:47.600]   All right, folks, call in number 512-646-1984.
[00:16:47.600 --> 00:16:49.560]   Give us a call, get in line, let's talk.
[00:16:49.560 --> 00:16:50.320]   We'll be right back.
[00:16:50.320 --> 00:17:00.320]   [MUSIC]
[00:17:00.880 --> 00:17:03.920]   Are you looking to have a closer relationship with God and
[00:17:03.920 --> 00:17:06.120]   a better understanding of his word?
[00:17:06.120 --> 00:17:11.040]   Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 PM Central Time
[00:17:11.040 --> 00:17:15.440]   for Scripture Talk, where Nana and her guests discuss the scriptures in accord
[00:17:15.440 --> 00:17:17.640]   with 2 Timothy 2.15.
[00:17:17.640 --> 00:17:22.200]   Study to show thy self-approved unto God, a workman that needeth not to be ashamed,
[00:17:22.200 --> 00:17:24.600]   rightly dividing the word of truth.
[00:17:24.600 --> 00:17:28.120]   Starting in January, our first hour studies are in the book of Mark,
[00:17:28.120 --> 00:17:32.160]   where we'll go verse by verse and discuss the true gospel message.
[00:17:32.160 --> 00:17:36.320]   Our second hour topical studies will vary each week with discussions on sound
[00:17:36.320 --> 00:17:39.160]   doctrine and Christian character development.
[00:17:39.160 --> 00:17:43.680]   We wish to reflect God's light and be a blessing to all those with a hearing ear.
[00:17:43.680 --> 00:17:45.640]   Our goal is to strengthen our faith and
[00:17:45.640 --> 00:17:50.200]   to transform ourselves more into the likeness of our Lord and Savior, Jesus.
[00:17:50.200 --> 00:17:55.160]   So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to
[00:17:55.160 --> 00:17:59.200]   10 PM to inspire and motivate your studies of the scriptures.
[00:17:59.200 --> 00:18:03.720]   >> Are you being harassed by debt collectors with phone calls,
[00:18:03.720 --> 00:18:05.720]   letters, or even lawsuits?
[00:18:05.720 --> 00:18:09.440]   Stop debt collectors now with the Michael Mirras proven method.
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[00:18:15.040 --> 00:18:19.280]   You'll get step by step instructions in plain English on how to win in court using
[00:18:19.280 --> 00:18:21.200]   federal civil rights statutes.
[00:18:21.200 --> 00:18:24.920]   What to do when contacted by phone, mail, or court summons.
[00:18:24.920 --> 00:18:26.960]   How to answer letters and phone calls.
[00:18:26.960 --> 00:18:29.560]   How to get debt collectors out of your credit report.
[00:18:29.560 --> 00:18:34.200]   How to turn the financial tables on them and make them pay you to go away.
[00:18:34.200 --> 00:18:39.040]   The Michael Mirras proven method is the solution for how to stop debt collectors.
[00:18:39.040 --> 00:18:41.480]   Personal consultation is available as well.
[00:18:41.480 --> 00:18:44.960]   For more information, please visit RuleOfLawRadio.com and
[00:18:44.960 --> 00:18:49.840]   click on the blue Michael Mirras banner or email [email protected].
[00:18:49.840 --> 00:18:55.400]   That's RuleOfLawRadio.com or
[00:18:55.400 --> 00:18:59.960]   email [email protected] to learn how to stop debt collectors now.
[00:18:59.960 --> 00:19:01.960]   [MUSIC]
[00:19:01.960 --> 00:19:05.840]   >> You are listening to the Logos Radio Network,
[00:19:05.840 --> 00:19:08.440]   LogosRadioNetwork.com.
[00:19:08.440 --> 00:19:18.440]   [MUSIC]
[00:19:18.440 --> 00:19:28.440]   [MUSIC]
[00:19:28.440 --> 00:19:37.720]   >> All right, folks, we are back.
[00:19:37.720 --> 00:19:40.560]   This is Rule of Law Radio Monday Night Show with your host, Eddie Craig.
[00:19:40.560 --> 00:19:47.680]   We are live tonight on February 28th, 2020, I'm sorry, March 28th, 2022.
[00:19:47.680 --> 00:19:51.240]   And just real quick before I get back to John in New York,
[00:19:51.240 --> 00:19:56.000]   Janet, if you are still listening, your other email that you sent me asking about
[00:19:56.000 --> 00:20:03.080]   why the court's extension of time doesn't count against the statute of limitations
[00:20:03.080 --> 00:20:11.440]   is because the plaintiff cannot delay the trial in a way that penalizes the defense.
[00:20:11.440 --> 00:20:15.920]   Okay, the state cannot extend the time with constant delays so
[00:20:15.920 --> 00:20:19.600]   as to extend the period of time they have to prosecute you.
[00:20:19.600 --> 00:20:21.640]   That's not the way it works.
[00:20:21.640 --> 00:20:24.960]   The statute of limitations is there for a reason.
[00:20:24.960 --> 00:20:29.920]   You're the only one that can extend it by requesting an extension of time or
[00:20:29.920 --> 00:20:32.040]   a continuance or a reset.
[00:20:32.040 --> 00:20:33.280]   The state cannot.
[00:20:33.280 --> 00:20:35.440]   I hope that helps.
[00:20:35.440 --> 00:20:38.160]   All right, back to John in New York.
[00:20:38.160 --> 00:20:41.920]   Well, the first problem is,
[00:20:41.920 --> 00:20:46.800]   they gave her a breathalyzer test and she failed, right?
[00:20:46.800 --> 00:20:49.800]   >> That's correct, yeah, the passenger driver.
[00:20:49.800 --> 00:20:53.720]   >> No, no, no, no, see, that's where you're wrong.
[00:20:53.720 --> 00:20:55.480]   You are mistaken.
[00:20:55.480 --> 00:21:00.760]   The moment she slid to the driver's side beneath the wheel with the keys in the car,
[00:21:00.760 --> 00:21:03.920]   she was no longer just the passenger.
[00:21:03.920 --> 00:21:07.320]   She was the person with potential control of the vehicle.
[00:21:09.440 --> 00:21:14.240]   And is now subject to a DWI just as much as someone that had been taken
[00:21:14.240 --> 00:21:17.000]   it down the road a few minutes before.
[00:21:17.000 --> 00:21:20.200]   >> Yeah, but the cops saw her slide over.
[00:21:20.200 --> 00:21:23.680]   >> Irrelevant, isn't it?
[00:21:23.680 --> 00:21:27.080]   She was in a position of control of the car and
[00:21:27.080 --> 00:21:30.760]   she was impaired when she took the test, correct?
[00:21:30.760 --> 00:21:36.160]   >> Yep, but the car was- >> Had she not taken the test and
[00:21:36.160 --> 00:21:40.640]   had no evidence against her as to what the blood alcohol was,
[00:21:40.640 --> 00:21:43.640]   this might be a different story.
[00:21:43.640 --> 00:21:46.520]   But as it stands with the facts you've given me,
[00:21:46.520 --> 00:21:49.200]   there is nothing wrong with what's going on here.
[00:21:49.200 --> 00:21:52.000]   Cops saw her do it or not, irrelevant.
[00:21:52.000 --> 00:21:55.840]   Once she got behind the wheel, she is now in potential control of the car.
[00:21:55.840 --> 00:22:00.040]   And in most states now, that's all it takes.
[00:22:00.040 --> 00:22:02.920]   >> You've gotta be joking.
[00:22:02.920 --> 00:22:04.240]   >> No, I'm not joking.
[00:22:04.240 --> 00:22:08.560]   [BLANK_AUDIO]
[00:22:08.560 --> 00:22:10.440]   The cop.
[00:22:10.440 --> 00:22:13.120]   >> If the keys had not been in the ignition and
[00:22:13.120 --> 00:22:17.200]   the engine had been off, that would be a whole nother matter.
[00:22:17.200 --> 00:22:19.200]   >> I think the engine was off.
[00:22:19.200 --> 00:22:21.960]   >> Where were the keys, John?
[00:22:21.960 --> 00:22:25.720]   >> Probably in the ignition.
[00:22:25.720 --> 00:22:29.760]   >> Probably, which means the car could have been started and driven, right?
[00:22:29.760 --> 00:22:33.560]   >> It could have been started and driven, but it wasn't.
[00:22:33.560 --> 00:22:35.760]   >> And with her behind the wheel, right?
[00:22:35.760 --> 00:22:40.080]   >> Yeah, well- >> That she was in potential control of
[00:22:40.080 --> 00:22:41.600]   the car while she was impaired.
[00:22:41.600 --> 00:22:44.800]   That's exactly how they're going to see it.
[00:22:44.800 --> 00:22:48.400]   [BLANK_AUDIO]
[00:22:48.400 --> 00:22:50.720]   >> That's the most ridiculous thing I ever heard.
[00:22:50.720 --> 00:22:52.280]   I'm not saying you're- >> Well,
[00:22:52.280 --> 00:22:57.080]   if you take the statute literally, they couldn't do it that way.
[00:22:57.080 --> 00:23:01.200]   But because the statutes somewhere has the language,
[00:23:01.200 --> 00:23:05.280]   must be liberally construed so as to do such and such.
[00:23:05.280 --> 00:23:09.440]   They will extend it that way and they will get away with it.
[00:23:09.440 --> 00:23:13.440]   They've been doing it for decades.
[00:23:13.440 --> 00:23:15.840]   >> I'm not saying you're wrong,
[00:23:15.840 --> 00:23:19.640]   I'm saying that's the most ridiculous thing I ever heard of.
[00:23:19.640 --> 00:23:21.240]   >> I know I'm not wrong.
[00:23:21.240 --> 00:23:23.040]   I absolutely know I'm not wrong.
[00:23:23.040 --> 00:23:26.760]   >> Yeah, no, I agree, I agree.
[00:23:26.760 --> 00:23:28.600]   I understand that.
[00:23:28.600 --> 00:23:30.880]   But there's something that something really stinks there.
[00:23:30.880 --> 00:23:36.440]   >> Well, like I said, that's the problem with a regulatory code that has
[00:23:36.440 --> 00:23:38.960]   the language liberally construed.
[00:23:38.960 --> 00:23:43.120]   They liberally construed a regulatory code in a way that violates the rights
[00:23:43.120 --> 00:23:47.800]   that they are supposed to be liberally construed in favor of the people.
[00:23:47.800 --> 00:23:52.760]   The whole system is set up to be completely bass-ackwards right now.
[00:23:52.760 --> 00:23:55.760]   >> Yeah, but what about jurisprudence?
[00:23:57.480 --> 00:23:58.720]   I mean- >> I'm telling you what
[00:23:58.720 --> 00:24:00.680]   the jurisprudence is going to say.
[00:24:00.680 --> 00:24:04.240]   >> You're kidding.
[00:24:04.240 --> 00:24:05.560]   >> No. >> Okay, well,
[00:24:05.560 --> 00:24:06.560]   I'll take your word for it.
[00:24:06.560 --> 00:24:09.440]   >> You don't have to take my word for it.
[00:24:09.440 --> 00:24:13.600]   You can look up all kinds of DWI cases in virtually every state, and
[00:24:13.600 --> 00:24:17.840]   you're gonna find one where they, at least one, where that's what they've said.
[00:24:17.840 --> 00:24:23.960]   >> [COUGH] Well, that's a new one on me.
[00:24:23.960 --> 00:24:26.280]   Okay, but I'm listening.
[00:24:27.760 --> 00:24:29.800]   What would you do besides get fried?
[00:24:29.800 --> 00:24:33.560]   >> She should have stayed in the passenger seat.
[00:24:33.560 --> 00:24:35.360]   Had she done that, she would have been fine.
[00:24:35.360 --> 00:24:39.480]   >> [COUGH] >> She should not have taken a breathalyzer.
[00:24:39.480 --> 00:24:41.520]   Had she not done that, she would have been fine.
[00:24:41.520 --> 00:24:47.640]   >> In other words, when a cop stops you, you can refuse,
[00:24:47.640 --> 00:24:50.760]   obviously, the Fifth Amendment, you can refuse a breathalyzer.
[00:24:50.760 --> 00:24:53.480]   >> Here's the thing.
[00:24:53.480 --> 00:24:56.320]   Most states have a statute that says if you refuse,
[00:24:56.320 --> 00:24:59.120]   they'll automatically suspend your driver's license.
[00:24:59.120 --> 00:25:03.480]   The problem is, when they go to trial, for them anyway,
[00:25:03.480 --> 00:25:08.600]   is when they go to trial, they don't have any proof of DWI, okay?
[00:25:08.600 --> 00:25:11.880]   There's no breathalyzer, there's no test.
[00:25:11.880 --> 00:25:18.200]   There's no pass/fail quotient that depends entirely upon how the cop sees things.
[00:25:18.200 --> 00:25:19.160]   Okay? >> Right.
[00:25:19.160 --> 00:25:23.160]   >> If you don't take them, now, if they can't convict you of DWI,
[00:25:23.160 --> 00:25:25.040]   do they have to reinstate your license?
[00:25:25.040 --> 00:25:30.800]   >> So the best thing to do is never take a breathalyzer.
[00:25:30.800 --> 00:25:36.520]   >> You never take the field sobriety test of any kind, period.
[00:25:36.520 --> 00:25:40.960]   You always refuse, you always law your up.
[00:25:40.960 --> 00:25:43.440]   You do nothing without a lawyer.
[00:25:43.440 --> 00:25:45.400]   When are people gonna learn this?
[00:25:45.400 --> 00:25:49.960]   >> I know, I know, I know.
[00:25:51.480 --> 00:25:57.640]   As you have very aptly put it, and very wisely stated many times,
[00:25:57.640 --> 00:26:02.320]   when you're dealing with a police officer, you're polite, you're respectful,
[00:26:02.320 --> 00:26:08.800]   you shut up, then you shut up some more, and then you keep shutting up.
[00:26:08.800 --> 00:26:10.600]   >> Yep, that's exactly right.
[00:26:10.600 --> 00:26:18.240]   >> And that's, and I, that's the best way I've ever heard it free, by the way.
[00:26:18.240 --> 00:26:24.120]   So, so I'm gonna come away with, she shouldn't have slid over.
[00:26:24.120 --> 00:26:27.280]   She should not have taken the breathalyzer.
[00:26:27.280 --> 00:26:32.880]   >> And she never should have engaged the cop in any form of conversation.
[00:26:32.880 --> 00:26:37.800]   The first words out of everybody's mouth in that car, I want my lawyer.
[00:26:37.800 --> 00:26:39.880]   >> That's right.
[00:26:39.880 --> 00:26:45.560]   >> The moment they said that, the cop could no longer ask them questions.
[00:26:47.760 --> 00:26:53.880]   >> Well, he, even if he could, then all they gotta do is shut up.
[00:26:53.880 --> 00:26:59.880]   >> All they gotta do is keep repeating the same mantra, I want my lawyer.
[00:26:59.880 --> 00:27:00.840]   Well, man, where were you going?
[00:27:00.840 --> 00:27:02.240]   I want my lawyer.
[00:27:02.240 --> 00:27:03.440]   Well, where were you coming from?
[00:27:03.440 --> 00:27:04.600]   I want my lawyer.
[00:27:04.600 --> 00:27:07.280]   >> Yep.
[00:27:07.280 --> 00:27:12.720]   All right, what would you suggest besides get a good lawyer?
[00:27:12.720 --> 00:27:17.720]   >> [LAUGH] >> Well, I can't answer that.
[00:27:17.720 --> 00:27:19.240]   I don't know the people you're talking about.
[00:27:19.240 --> 00:27:21.840]   I don't know what they're capable of or what they're not capable of.
[00:27:21.840 --> 00:27:27.840]   The only reason I tell people to get a lawyer is because I know well enough that
[00:27:27.840 --> 00:27:30.040]   they don't know enough to do it themselves.
[00:27:30.040 --> 00:27:32.720]   >> Yeah, yeah.
[00:27:32.720 --> 00:27:35.320]   All right. >> Now,
[00:27:35.320 --> 00:27:38.600]   considering the fact that they've got messed up this far,
[00:27:38.600 --> 00:27:42.560]   the obvious answer is they do not know how to do this for themselves.
[00:27:43.200 --> 00:27:46.840]   They're absolutely incapable of doing this for themselves.
[00:27:46.840 --> 00:27:47.520]   >> You're not kidding.
[00:27:47.520 --> 00:27:53.480]   Yeah, they don't know the basic things.
[00:27:53.480 --> 00:27:59.440]   >> [COUGH] And that's gonna be the problem for most people.
[00:27:59.440 --> 00:28:03.680]   They open their mouth when they shouldn't, they say things they shouldn't,
[00:28:03.680 --> 00:28:06.920]   they do things they shouldn't, they agree to things they shouldn't, and
[00:28:06.920 --> 00:28:09.200]   they never bother to ask for their lawyer.
[00:28:12.000 --> 00:28:12.500]   >> Yep.
[00:28:12.500 --> 00:28:16.640]   All right, any suggestions?
[00:28:16.640 --> 00:28:22.840]   >> Well, tell her to take singing lessons.
[00:28:22.840 --> 00:28:26.680]   She's gonna need the breath control to blow into that thing to start her car for
[00:28:26.680 --> 00:28:27.180]   a while.
[00:28:27.180 --> 00:28:31.480]   >> Okay, I understand.
[00:28:31.480 --> 00:28:36.360]   >> All right, anything else?
[00:28:36.360 --> 00:28:41.080]   >> No, it looks like she screwed pretty good, doesn't it?
[00:28:41.080 --> 00:28:44.440]   >> Well, it usually works that way when you're the one that did it to yourself.
[00:28:44.440 --> 00:28:50.920]   >> Yep, so I come away with, don't slide over,
[00:28:50.920 --> 00:28:59.280]   don't take a breathalyzer, and every question, I want my lawyer.
[00:28:59.280 --> 00:29:02.480]   >> Yeah, and the girl behind the wheel should have just stayed there and
[00:29:02.480 --> 00:29:03.760]   done the exact same thing.
[00:29:03.760 --> 00:29:08.880]   >> [COUGH] Yep, so they automatically,
[00:29:08.880 --> 00:29:11.280]   I knew that they automatically suspend your license.
[00:29:11.280 --> 00:29:13.940]   But then if there's no breathalyzer, you go to court and say,
[00:29:13.940 --> 00:29:16.880]   your honor, they suspended my license.
[00:29:16.880 --> 00:29:21.640]   There's no proof that there was any DWI.
[00:29:21.640 --> 00:29:23.040]   I want my license back.
[00:29:23.040 --> 00:29:24.760]   That's the way it works, doesn't it?
[00:29:24.760 --> 00:29:25.260]   >> Exactly.
[00:29:25.260 --> 00:29:30.360]   >> Okay, thank you very kindly.
[00:29:30.360 --> 00:29:32.440]   [MUSIC]
[00:29:32.440 --> 00:29:36.880]   >> Okay, all right, that's it.
[00:29:36.880 --> 00:29:37.380]   Bye-bye.
[00:29:37.380 --> 00:29:43.640]   >> Now, again, folks, 512-646-1984 is the call-in number.
[00:29:43.640 --> 00:29:45.080]   We got another break coming up.
[00:29:45.080 --> 00:29:48.480]   I need somebody to talk to, cuz like I say, I didn't have time to prepare a whole lot
[00:29:48.480 --> 00:29:49.240]   for the show tonight.
[00:29:49.240 --> 00:29:52.080]   So I would like to have some callers on the board if you're out there and
[00:29:52.080 --> 00:29:52.760]   listening.
[00:29:52.760 --> 00:29:56.520]   Y'all hang on here, and we will be right back after this upcoming break.
[00:29:56.520 --> 00:30:02.240]   [MUSIC]
[00:30:02.240 --> 00:30:06.240]   >> Thousands of Florida motorists convicted of DUI may very well have been
[00:30:06.240 --> 00:30:08.600]   driving under the blood alcohol limit.
[00:30:08.600 --> 00:30:12.960]   I'm Dr. Katherine Albrecht, and I'll be back with a tale of bad breathalyzers and
[00:30:12.960 --> 00:30:15.520]   a government cover-up in a moment.
[00:30:15.520 --> 00:30:17.480]   >> Privacy is under attack.
[00:30:17.480 --> 00:30:21.080]   When you give up data about yourself, you'll never get it back again.
[00:30:21.080 --> 00:30:25.840]   And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:30:25.840 --> 00:30:28.880]   So protect your rights, say no to surveillance, and
[00:30:28.880 --> 00:30:31.120]   keep your information to yourself.
[00:30:31.120 --> 00:30:33.600]   Privacy, it's worth hanging on to.
[00:30:33.600 --> 00:30:37.160]   >> This public service announcement is brought to you by startpage.com,
[00:30:37.160 --> 00:30:41.120]   the private search engine alternative to Google, Yahoo, and Bing.
[00:30:41.120 --> 00:30:43.240]   Start over with Startpage.
[00:30:43.240 --> 00:30:46.960]   >> Ever hear the term fine farming?
[00:30:46.960 --> 00:30:51.200]   It's when cops fine innocent people to bring in revenue in its apparently big
[00:30:51.200 --> 00:30:53.800]   business in the sunshine state of Florida.
[00:30:53.800 --> 00:30:58.120]   This case involves breathalyzers used to convict thousands of Florida motorists for
[00:30:58.120 --> 00:30:59.760]   DUI violations.
[00:30:59.760 --> 00:31:04.240]   Recently, reporters discovered that the devices were improperly calibrated.
[00:31:04.240 --> 00:31:08.080]   State officials knew about it for two and a half years, but did nothing.
[00:31:08.080 --> 00:31:11.000]   In fact, the head of Florida's breath testing program
[00:31:11.000 --> 00:31:14.160]   ordered inspectors not to document the problem.
[00:31:14.160 --> 00:31:17.000]   A DUI conviction can ruin somebody's life, but
[00:31:17.000 --> 00:31:20.880]   now that the cover-up has been exposed, perhaps Florida drivers can breathe
[00:31:20.880 --> 00:31:22.480]   a bit easier.
[00:31:22.480 --> 00:31:23.600]   I'm Dr. Katherine Albrecht.
[00:31:23.600 --> 00:31:26.560]   More news and information at katherinealbrecht.com.
[00:31:26.560 --> 00:31:30.600]   [MUSIC]
[00:31:30.600 --> 00:31:34.920]   >> This is building seven, a 47 story skyscraper that fell on the afternoon of
[00:31:34.920 --> 00:31:36.040]   September 11th.
[00:31:36.040 --> 00:31:37.920]   >> The government says that fire brought it down.
[00:31:37.920 --> 00:31:43.080]   However, 1,500 architects and engineers concluded it was a controlled demolition.
[00:31:43.080 --> 00:31:45.880]   >> Over 6,000 of my fellow service members have given their lives.
[00:31:45.880 --> 00:31:48.640]   >> And thousands of my fellow first responders are dying.
[00:31:48.640 --> 00:31:50.120]   >> I'm not a conspiracy theorist.
[00:31:50.120 --> 00:31:51.000]   >> I'm a structural engineer.
[00:31:51.000 --> 00:31:52.480]   >> I'm a New York City correction officer.
[00:31:52.480 --> 00:31:53.440]   >> I'm an Air Force pilot.
[00:31:53.440 --> 00:31:55.040]   >> I'm a father who lost his son.
[00:31:55.040 --> 00:31:57.680]   >> We're Americans and we deserve the truth.
[00:31:57.680 --> 00:32:00.560]   >> Go to rememberbuilding7.org today.
[00:32:00.560 --> 00:32:02.200]   [MUSIC]
[00:32:02.200 --> 00:32:05.360]   >> Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
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[00:32:12.880 --> 00:32:15.600]   Among those rights are the right to travel freely from place to place,
[00:32:15.600 --> 00:32:18.080]   the right to act in our own private capacity, and most importantly,
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[00:33:02.400 --> 00:33:06.720]   >> Live free speech radio, logosradionetwork.com.
[00:33:06.720 --> 00:33:16.720]   [MUSIC]
[00:33:16.720 --> 00:33:26.720]   [MUSIC]
[00:33:26.720 --> 00:33:36.040]   >> All right, folks, we are back.
[00:33:36.040 --> 00:33:42.880]   This is Rule of Law Radio, call in number 512-646-1984.
[00:33:42.880 --> 00:33:48.520]   And I have a caller up on the board, but I cannot, for the life of me,
[00:33:48.520 --> 00:33:51.600]   see who this would be.
[00:33:51.600 --> 00:33:57.160]   Area code 949, hello?
[00:33:57.160 --> 00:34:02.160]   >> Yes, hi, this is EJ, I'm calling from a different number, so it's 949.
[00:34:02.160 --> 00:34:03.800]   >> Okay, okay.
[00:34:03.800 --> 00:34:06.720]   >> Second number, thank you so much.
[00:34:06.720 --> 00:34:12.760]   The first two callers, I learned a lot, especially the last caller with DWI.
[00:34:12.760 --> 00:34:16.640]   I don't know why they call it a DWI, I thought it was a DUI.
[00:34:16.640 --> 00:34:20.600]   >> It depends, it varies from state to state.
[00:34:20.600 --> 00:34:25.280]   Some say driving while under the influence, and
[00:34:25.280 --> 00:34:28.800]   then others say driving under the influence.
[00:34:28.800 --> 00:34:35.440]   >> Under the influence, okay, yeah, my call is,
[00:34:35.440 --> 00:34:40.400]   okay, so I filed a summary judgment on
[00:34:40.400 --> 00:34:46.320]   the state court case against the hospital.
[00:34:46.320 --> 00:34:51.520]   So this is EJ, I had that assault and battery case against me.
[00:34:51.520 --> 00:34:53.640]   >> Mm-hm.
[00:34:53.640 --> 00:34:59.120]   >> And now since that's over, the case was dismissed,
[00:34:59.120 --> 00:35:04.480]   I have a lawsuit against the hospital.
[00:35:04.480 --> 00:35:08.840]   So I'm still trying to find the security guard, locate him.
[00:35:08.840 --> 00:35:12.280]   >> Yes, ma'am.
[00:35:12.280 --> 00:35:20.880]   >> So he no longer works at the hospital, we've already tried to serve him.
[00:35:20.880 --> 00:35:27.400]   The best way is two options, first is request for production.
[00:35:27.400 --> 00:35:34.360]   I've already filed my summary judgment because they filed an answer after 30 days.
[00:35:34.360 --> 00:35:38.720]   So they're past the 30 days, that's filed already.
[00:35:38.720 --> 00:35:44.600]   Do you recommend, I do need to go to the library, probably the vendors.
[00:35:44.600 --> 00:35:49.800]   I heard vendors is really good, I'm sorry, a lot of questions.
[00:35:49.800 --> 00:35:54.520]   First is the request for production or subpoena.
[00:35:54.520 --> 00:36:00.160]   If you were in my position, which way would you go?
[00:36:00.160 --> 00:36:05.600]   The request for protection or subpoena?
[00:36:05.600 --> 00:36:09.040]   Cuz I need at least one identifier, I can't locate him.
[00:36:09.040 --> 00:36:13.880]   And I need to locate him before the conference call,
[00:36:13.880 --> 00:36:17.880]   the status conference, which is in June.
[00:36:17.880 --> 00:36:22.160]   >> Well, I'm not really sure how you want me to answer that.
[00:36:22.160 --> 00:36:30.560]   I remember talking about the lawsuit and all that other stuff.
[00:36:30.560 --> 00:36:35.200]   But what are you talking about with the identifier part?
[00:36:36.560 --> 00:36:39.040]   >> I only know his name.
[00:36:39.040 --> 00:36:42.960]   >> You're talking about for the security guard, not for you.
[00:36:42.960 --> 00:36:46.000]   >> Yeah, correct.
[00:36:46.000 --> 00:36:52.280]   >> Well, again, did you name his employer in the suit?
[00:36:52.280 --> 00:36:55.200]   >> Yes, definitely.
[00:36:55.200 --> 00:36:57.600]   >> As respondent superior for him?
[00:36:57.600 --> 00:37:00.880]   >> Yes, exactly.
[00:37:00.880 --> 00:37:07.920]   >> Okay, then you can demand access to the records of his employment.
[00:37:07.920 --> 00:37:12.040]   You do that in discovery.
[00:37:12.040 --> 00:37:17.360]   >> You just tell me that, yeah.
[00:37:17.360 --> 00:37:20.440]   It's not a pre-discovery, right?
[00:37:20.440 --> 00:37:24.360]   Cuz in California, they do have a pre-discovery phase.
[00:37:24.360 --> 00:37:28.440]   >> Well, if you've already filed, then it's not pre, it's ongoing.
[00:37:30.360 --> 00:37:34.440]   If you haven't filed, then yeah, it'll be pre-discovery.
[00:37:34.440 --> 00:37:39.560]   >> When you say filed, what does that mean?
[00:37:39.560 --> 00:37:40.800]   >> The lawsuit.
[00:37:40.800 --> 00:37:47.200]   >> [LAUGH] Sorry, I didn't know.
[00:37:47.200 --> 00:37:50.920]   Well, yeah, it's not pre-discovery then, disaster.
[00:37:50.920 --> 00:37:52.200]   I've already filed the lawsuit.
[00:37:52.200 --> 00:37:58.240]   >> It's kind of strange because the hospital's attorneys,
[00:37:58.240 --> 00:38:02.440]   they sent me all these interrogatories,
[00:38:02.440 --> 00:38:06.560]   production of documents and so forth.
[00:38:06.560 --> 00:38:09.240]   And that was after the lawsuit.
[00:38:09.240 --> 00:38:13.440]   And they call it, within their letter, initial discovery.
[00:38:13.440 --> 00:38:15.880]   They didn't say pre-discovery, initial discovery.
[00:38:19.880 --> 00:38:20.880]   >> I've already got that answer.
[00:38:20.880 --> 00:38:23.640]   >> Have you filed initial discovery since you filed the suit?
[00:38:23.640 --> 00:38:26.920]   >> No, I didn't.
[00:38:26.920 --> 00:38:32.760]   I should have used that great option, but I did not.
[00:38:32.760 --> 00:38:35.320]   >> Well, if you didn't do any discovery,
[00:38:35.320 --> 00:38:38.040]   what are you gonna be using as evidence in this case?
[00:38:38.040 --> 00:38:46.520]   >> Well, I mean, as evidence?
[00:38:46.520 --> 00:38:50.040]   I mean, the case is a mess.
[00:38:50.040 --> 00:38:58.720]   It was out of sheer malicious prosecution against me.
[00:38:58.720 --> 00:39:02.760]   >> No, not the case against you, your lawsuit against them.
[00:39:02.760 --> 00:39:06.160]   What are you going to be using as evidence against them if you haven't done
[00:39:06.160 --> 00:39:06.880]   discovery?
[00:39:06.880 --> 00:39:12.520]   >> Well, I have evidence from public
[00:39:12.520 --> 00:39:18.440]   records response from the chief
[00:39:18.440 --> 00:39:31.920]   of police and that- >> How did you get that?
[00:39:31.920 --> 00:39:37.680]   >> The case is through a public request.
[00:39:37.680 --> 00:39:39.680]   >> And you think that's all that you actually need?
[00:39:39.680 --> 00:39:45.680]   >> [LAUGH] >> You better believe there's going to be
[00:39:45.680 --> 00:39:46.800]   more.
[00:39:46.800 --> 00:39:50.640]   The more you can get your hands on to prove everything you're claiming,
[00:39:50.640 --> 00:39:53.840]   the better off you are, okay?
[00:39:53.840 --> 00:39:58.400]   Once you got through a public information request, okay,
[00:39:58.400 --> 00:40:02.840]   they can prevent you from putting it into the record at trial because you didn't
[00:40:02.840 --> 00:40:04.520]   request it through discovery.
[00:40:04.520 --> 00:40:09.640]   Therefore, they have no reason to believe it's attached to this case.
[00:40:09.640 --> 00:40:13.520]   You would have to get on the stand or you would have to put someone else on the stand
[00:40:13.520 --> 00:40:16.000]   to testify as to what you have and where you got it.
[00:40:16.000 --> 00:40:22.560]   Okay?
[00:40:22.560 --> 00:40:26.240]   So unless you got certified copies of everything,
[00:40:26.240 --> 00:40:29.480]   you can't just submit them into the court record and say, here's my evidence.
[00:40:29.480 --> 00:40:34.920]   Did you get certified copies of everything?
[00:40:34.920 --> 00:40:40.200]   >> No, how do I get certified copies?
[00:40:40.200 --> 00:40:44.680]   >> Well, certified copies cost money and certified copies are the only records that
[00:40:44.680 --> 00:40:49.680]   are self-substantiating for admissibility into the record as evidence.
[00:40:53.960 --> 00:40:57.560]   >> And I think subpoena would probably be the best way, I think.
[00:40:57.560 --> 00:41:05.320]   >> Discovery would be your best way to get everything you need.
[00:41:05.320 --> 00:41:13.240]   A subpoena you wanna use if you're calling a person to court and
[00:41:13.240 --> 00:41:17.160]   they have particular records that only they possess that you want them to bring
[00:41:17.160 --> 00:41:19.800]   with them, then you can do a subpoena deus ex tecum.
[00:41:21.160 --> 00:41:26.000]   But for the most part, you can't do public information requests and
[00:41:26.000 --> 00:41:31.560]   things of that nature for something that is discoverable for the actual lawsuit.
[00:41:31.560 --> 00:41:34.960]   If you wanna admit it into court, you need to get it through discovery.
[00:41:34.960 --> 00:41:41.040]   Because they have to supply it to you by the order of the court if you get it
[00:41:41.040 --> 00:41:42.240]   through discovery.
[00:41:42.240 --> 00:41:44.200]   That's what makes it admissible.
[00:41:44.200 --> 00:41:47.800]   Because they're gonna certify everything they sent to you.
[00:41:47.800 --> 00:41:50.600]   And they're going to file that certification with the court that they
[00:41:50.600 --> 00:41:53.680]   responded to your request with all these records.
[00:41:53.680 --> 00:41:57.960]   [BLANK_AUDIO]
[00:41:57.960 --> 00:41:59.520]   >> Okay.
[00:41:59.520 --> 00:42:03.960]   >> The only other thing you can use is certified copies of whatever records
[00:42:03.960 --> 00:42:06.080]   you're going to bring yourself.
[00:42:06.080 --> 00:42:09.560]   [BLANK_AUDIO]
[00:42:09.560 --> 00:42:11.960]   And then that only works if they're public records.
[00:42:11.960 --> 00:42:14.080]   [BLANK_AUDIO]
[00:42:14.080 --> 00:42:14.960]   >> Public records?
[00:42:14.960 --> 00:42:17.360]   [BLANK_AUDIO]
[00:42:17.360 --> 00:42:22.440]   >> Yeah, like the police reports and the court record from the previous
[00:42:22.440 --> 00:42:25.880]   prosecution and all that, that was dismissed.
[00:42:25.880 --> 00:42:26.960]   [BLANK_AUDIO]
[00:42:26.960 --> 00:42:31.160]   >> I see, okay.
[00:42:31.160 --> 00:42:36.520]   I mean, I did a public records request, but it wasn't certified, so.
[00:42:36.520 --> 00:42:39.680]   >> Well, the records request isn't what's certified.
[00:42:39.680 --> 00:42:44.600]   What you get back is what you request as certified.
[00:42:44.600 --> 00:42:47.880]   When you send in the public records request, you say,
[00:42:47.880 --> 00:42:52.400]   I hereby request certified copies of the following documents or records.
[00:42:52.400 --> 00:42:54.200]   >> I see.
[00:42:54.200 --> 00:42:56.840]   [BLANK_AUDIO]
[00:42:56.840 --> 00:43:01.400]   >> And if you don't do that, they don't come back certified.
[00:43:01.400 --> 00:43:05.120]   >> Wow, okay.
[00:43:05.120 --> 00:43:12.160]   So I have to do a second one to the new- >> Well, as I said, do discovery.
[00:43:12.160 --> 00:43:16.680]   Then you don't have to pay for certified copies.
[00:43:16.680 --> 00:43:21.480]   >> I see, okay.
[00:43:21.480 --> 00:43:26.440]   I know you did tell me just, I think a month ago,
[00:43:26.440 --> 00:43:32.440]   during our live show broadcast, so I need to re-listen to that one.
[00:43:32.440 --> 00:43:37.840]   And okay, thank you so much.
[00:43:37.840 --> 00:43:38.720]   >> You're welcome.
[00:43:38.720 --> 00:43:39.800]   >> That's all I needed to say.
[00:43:39.800 --> 00:43:41.760]   >> Okay.
[00:43:41.760 --> 00:43:42.880]   All right, bye.
[00:43:42.880 --> 00:43:43.880]   >> Bye-bye.
[00:43:43.880 --> 00:43:49.000]   [MUSIC]
[00:43:49.000 --> 00:43:50.560]   All right, folks, we're about to take a break.
[00:43:50.560 --> 00:43:53.600]   Y'all hang on, 512-646-1984.
[00:43:53.600 --> 00:43:54.880]   We will be right back.
[00:43:54.880 --> 00:44:00.680]   [MUSIC]
[00:44:00.680 --> 00:44:03.800]   >> Are you the plaintiff or defendant in a lawsuit?
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[00:44:08.400 --> 00:44:15.400]   easy-to-understand, four-CD course that will show you how in 24 hours, step-by-step.
[00:44:15.400 --> 00:44:19.080]   If you have a lawyer, know what your lawyer should be doing.
[00:44:19.080 --> 00:44:22.920]   If you don't have a lawyer, know what you should do for yourself.
[00:44:22.920 --> 00:44:27.800]   Thousands have won with our step-by-step course, and now you can too.
[00:44:27.800 --> 00:44:30.920]   Juris Dictionary was created by a licensed attorney
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[00:44:34.400 --> 00:44:38.840]   Even if you're not in a lawsuit, you can learn what everyone should understand
[00:44:38.840 --> 00:44:43.280]   about the principles and practices that control our American courts.
[00:44:43.280 --> 00:44:48.240]   You'll receive our audio classroom, video seminar, tutorials, forms for
[00:44:48.240 --> 00:44:52.080]   civil cases, pro se tactics, and much more.
[00:44:52.080 --> 00:44:56.440]   Please visit ruleoflawradio.com and click on the banner or
[00:44:56.440 --> 00:45:00.080]   call toll-free 866-LAW-EASY.
[00:45:00.080 --> 00:45:02.360]   >> I love logos.
[00:45:02.360 --> 00:45:06.040]   Without the shows on this network, I'd be almost as ignorant as my friends.
[00:45:06.040 --> 00:45:08.680]   I'm so addicted to the truth now that there's no going back.
[00:45:08.680 --> 00:45:09.880]   I need my truth fixed.
[00:45:09.880 --> 00:45:11.720]   I'd be lost without logos.
[00:45:11.720 --> 00:45:14.560]   And I really wanna help keep this network on the air.
[00:45:14.560 --> 00:45:17.520]   I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and
[00:45:17.520 --> 00:45:21.600]   I really don't have any money to give because I spend it all on supplements.
[00:45:21.600 --> 00:45:23.280]   How can I help logos?
[00:45:23.280 --> 00:45:25.120]   >> Well, I'm glad you asked.
[00:45:25.120 --> 00:45:28.400]   Whenever you order anything from Amazon, you can help logos.
[00:45:28.400 --> 00:45:30.520]   You can order them your supplies or holiday gifts.
[00:45:30.520 --> 00:45:32.600]   First thing you do is clear your cookies.
[00:45:32.600 --> 00:45:36.000]   Now, go to logosradionetwork.com.
[00:45:36.000 --> 00:45:38.960]   Click on the Amazon logo and bookmark it.
[00:45:38.960 --> 00:45:42.760]   Now, when you order anything from Amazon, you use that link and
[00:45:42.760 --> 00:45:44.640]   logos gets a few pesos.
[00:45:44.640 --> 00:45:45.560]   >> Do I pay extra?
[00:45:45.560 --> 00:45:46.120]   >> No.
[00:45:46.120 --> 00:45:48.400]   >> Do I have to do anything different when I order?
[00:45:48.400 --> 00:45:48.960]   >> No.
[00:45:48.960 --> 00:45:50.480]   >> Can I use my Amazon Prime?
[00:45:50.480 --> 00:45:51.280]   >> No.
[00:45:51.280 --> 00:45:52.080]   I mean, yes.
[00:45:52.080 --> 00:45:55.440]   >> Wow, giving without doing anything or spending any money.
[00:45:55.440 --> 00:45:57.000]   This is perfect.
[00:45:57.000 --> 00:45:58.120]   Thank you so much.
[00:45:58.120 --> 00:45:59.600]   >> You're welcome.
[00:45:59.600 --> 00:46:01.600]   >> Happy holidays, logos.
[00:46:01.600 --> 00:46:11.600]   [MUSIC]
[00:46:11.600 --> 00:46:21.600]   [MUSIC]
[00:46:21.600 --> 00:46:31.600]   [MUSIC]
[00:46:31.600 --> 00:46:41.600]   [MUSIC]
[00:46:41.600 --> 00:46:51.600]   [MUSIC]
[00:46:51.600 --> 00:47:09.600]   >> All right, folks, we are back.
[00:47:09.600 --> 00:47:15.440]   This is Rule of Law Radio, the call in number 512-646-1984.
[00:47:15.440 --> 00:47:16.920]   You want to call and ask a question?
[00:47:16.920 --> 00:47:19.240]   [MUSIC]
[00:47:19.240 --> 00:47:22.560]   I got to tell you, folks, while I'm trying to get this book done and
[00:47:22.560 --> 00:47:25.160]   all the other stuff I've got on my plate at the moment,
[00:47:25.160 --> 00:47:26.760]   this has been very, very hectic.
[00:47:26.760 --> 00:47:30.480]   I do apologize for my absence from the show.
[00:47:30.480 --> 00:47:33.760]   It's just so hard to get all that stuff juggled around and
[00:47:33.760 --> 00:47:37.640]   ready to go and actually sleep at the same time.
[00:47:37.640 --> 00:47:40.960]   So I do apologize.
[00:47:40.960 --> 00:47:44.840]   But let me say that the folks that have been kept on donating through thick and
[00:47:44.840 --> 00:47:48.960]   thin even when I wasn't here to do the show, I appreciate you guys so much.
[00:47:48.960 --> 00:47:49.680]   Thank y'all.
[00:47:49.680 --> 00:47:54.080]   There's no way we could survive at this without you guys.
[00:47:54.080 --> 00:47:59.720]   It's just so much going on and so much to do and just us to do it.
[00:47:59.720 --> 00:48:01.440]   I do all this work by myself.
[00:48:01.440 --> 00:48:03.400]   There's nobody here to help me.
[00:48:03.400 --> 00:48:06.120]   I don't have too many people to bounce it off of,
[00:48:06.120 --> 00:48:08.240]   because everybody's got their own lives and schedules.
[00:48:08.240 --> 00:48:13.800]   And very few people have delved into this subject to the depth that I have.
[00:48:13.800 --> 00:48:17.360]   And the few that have are so busy with the other stuff they're working on,
[00:48:17.360 --> 00:48:20.160]   they don't have time to sit down and review mine to see whether or
[00:48:20.160 --> 00:48:24.440]   not it's clear enough for the layman to understand it.
[00:48:24.440 --> 00:48:28.280]   So given that, it takes a lot out of me and
[00:48:28.280 --> 00:48:30.560]   sometimes I am just not up for sitting here.
[00:48:30.560 --> 00:48:34.880]   I've got something going on with my knee right now that makes sitting down for
[00:48:34.880 --> 00:48:38.040]   any length of time an extremely painful experience.
[00:48:38.040 --> 00:48:42.160]   And even though I'm feeling it now, I knew I had to do a show tonight because I've
[00:48:42.160 --> 00:48:47.600]   been gone off this thing too long, but I still need some people to talk to, all right?
[00:48:47.600 --> 00:48:51.520]   I wished I'd have been able to prepare material for tonight, but I didn't.
[00:48:51.520 --> 00:48:52.800]   I just did not have the time.
[00:48:52.800 --> 00:48:56.760]   So if you're out there and you're listening and you have a question,
[00:48:56.760 --> 00:49:00.960]   a comment, or whatever, please feel free to call in and talk to us.
[00:49:00.960 --> 00:49:05.880]   Now I've got some young lady that has sent me an email about
[00:49:05.880 --> 00:49:10.440]   speeding tickets that her and her son have both gotten in Pasadena, Texas.
[00:49:10.440 --> 00:49:16.840]   But I can't respond to her email because everything that goes to her work
[00:49:16.840 --> 00:49:19.120]   email address is getting blocked and rejected.
[00:49:19.120 --> 00:49:24.640]   So fortunately, she attached her phone number to this thing, so
[00:49:24.640 --> 00:49:28.520]   I had to send her a text message while we were on break to ask her if she wanted to
[00:49:28.520 --> 00:49:33.240]   get some answers to her questions, now would be a good time by calling into the show here.
[00:49:33.240 --> 00:49:38.880]   Now guys, one thing about the new seminar book, okay?
[00:49:38.880 --> 00:49:44.080]   It is going to be much larger than the other book, okay?
[00:49:44.080 --> 00:49:47.400]   The other book, I can't remember exactly how many pages it was, and
[00:49:47.400 --> 00:49:50.520]   I know it went into a lot of stuff, it didn't really need to.
[00:49:50.520 --> 00:49:56.040]   The new one is going into everything in very great depth and detail.
[00:49:56.040 --> 00:50:01.000]   It is linking together all of the pieces that you need to know about, but
[00:50:01.000 --> 00:50:08.320]   most people don't understand how to look up and locate and find and associate.
[00:50:08.320 --> 00:50:12.000]   So I am going in and doing all of that for you.
[00:50:12.000 --> 00:50:17.160]   Just the discussion on person is 20 something pages long, okay?
[00:50:17.160 --> 00:50:21.200]   But there are a ton of statutes in the transportation code and
[00:50:21.200 --> 00:50:26.680]   in the other codes in general that define the term person various ways for
[00:50:26.680 --> 00:50:32.800]   various reasons, and so to help people better understand how that term works,
[00:50:32.800 --> 00:50:35.240]   it took a lot to explain it.
[00:50:35.240 --> 00:50:38.480]   I'm hoping I did not make it overly complicated.
[00:50:38.480 --> 00:50:41.720]   I've sent it to a couple of people that I know don't have a lot of experience at
[00:50:41.720 --> 00:50:42.920]   this to read.
[00:50:42.920 --> 00:50:45.800]   They said they could read and understand it just fine, but
[00:50:45.800 --> 00:50:51.360]   when I go back and look at it, I'm just worried that that's not gonna be the case.
[00:50:51.360 --> 00:50:52.480]   I don't know why.
[00:50:52.480 --> 00:50:55.520]   I should trust that they know what they're talking about, that they understood it and
[00:50:55.520 --> 00:50:56.800]   they followed it.
[00:50:56.800 --> 00:51:02.720]   But I'm just trying to find some way to make this stuff less verbose, but
[00:51:02.720 --> 00:51:04.000]   still make the same point.
[00:51:04.000 --> 00:51:10.760]   And when it comes to legal dissection and discussion, that is not an easy task.
[00:51:10.760 --> 00:51:16.880]   You would be surprised how easy it is in a legal discussion that if you break
[00:51:16.880 --> 00:51:22.320]   a statement up or you accentuate it verbally or written in the wrong place with
[00:51:22.320 --> 00:51:29.800]   a comma or a semicolon, it completely changes the meaning of what you're saying.
[00:51:29.800 --> 00:51:32.640]   And what the intent of what you're saying actually was.
[00:51:32.640 --> 00:51:37.760]   So I have to be extremely careful not to break it someplace where it's going to
[00:51:37.760 --> 00:51:40.600]   break the logic and break the point.
[00:51:41.680 --> 00:51:44.080]   And I'm hoping I've done that.
[00:51:44.080 --> 00:51:50.160]   So I've got a couple other people that actually do know how to read this stuff and
[00:51:50.160 --> 00:51:52.720]   might have time at some point to look at it.
[00:51:52.720 --> 00:51:57.120]   But it's been slow going for me because having people to do that review work for
[00:51:57.120 --> 00:51:58.600]   me is very, very hard to come by.
[00:51:58.600 --> 00:52:03.400]   That said, I seem to have Jane back up on the board again.
[00:52:03.400 --> 00:52:05.440]   So let's see what's going on there.
[00:52:05.440 --> 00:52:06.600]   Jane, you're back.
[00:52:06.600 --> 00:52:08.480]   >> Hi, Eddie.
[00:52:08.480 --> 00:52:11.560]   Okay, since nobody's calling yet, I'm going to take advantage.
[00:52:11.560 --> 00:52:17.520]   Okay, I was wondering where specifically does it say,
[00:52:17.520 --> 00:52:21.040]   I know I had it in my notes somewhere, but I've got so many notes.
[00:52:21.040 --> 00:52:26.360]   It says 180 days for they would have to prosecute a despise.
[00:52:26.360 --> 00:52:31.160]   >> It's not 100, okay.
[00:52:31.160 --> 00:52:35.680]   It's several court opinions on the subject of speedy trial, okay?
[00:52:35.680 --> 00:52:36.680]   >> Mm-hm.
[00:52:36.680 --> 00:52:39.760]   >> I don't know where you got 180 days from.
[00:52:39.760 --> 00:52:43.560]   They have two years to prosecute a misdemeanor, okay?
[00:52:43.560 --> 00:52:44.480]   >> Mm-hm.
[00:52:44.480 --> 00:52:51.080]   >> But that two years is a ticking clock unless one of a couple of things happens.
[00:52:51.080 --> 00:52:54.960]   A warrant is issued and no arrest is ever made on the warrant.
[00:52:54.960 --> 00:52:57.000]   That tolls the statute of limitations.
[00:52:57.000 --> 00:53:02.920]   You file a continuance, that tolls the statute of limitations for
[00:53:02.920 --> 00:53:06.120]   whatever period the continuance is granted.
[00:53:06.120 --> 00:53:09.480]   Or if you do a reset, exact same thing, for
[00:53:09.480 --> 00:53:12.360]   whatever period the time of the reset was for.
[00:53:12.360 --> 00:53:19.000]   Let's see, or well, actually that's the only two.
[00:53:19.000 --> 00:53:21.600]   >> Between that and the continuance.
[00:53:21.600 --> 00:53:27.320]   >> Yeah, but when the other side, the plaintiff,
[00:53:27.320 --> 00:53:32.920]   the state requests a continuance or a reset, they cannot count that time
[00:53:32.920 --> 00:53:36.960]   against you, nor take it away from the statute of limitations.
[00:53:36.960 --> 00:53:45.120]   Now the problem with the speedy trial, once they have filed the complaint,
[00:53:45.120 --> 00:53:50.440]   Texas courts have already said, you can't say your speedy trial was
[00:53:50.440 --> 00:53:53.120]   violated at three months, that's too soon.
[00:53:53.120 --> 00:53:57.040]   But at five months, that's longer than you need.
[00:53:57.040 --> 00:54:00.560]   So the sweet spot according to the courts is right around four months,
[00:54:00.560 --> 00:54:03.200]   which would be approximately 120 days.
[00:54:03.200 --> 00:54:09.800]   If they file the complaint and then fail to prosecute within 120 days,
[00:54:09.800 --> 00:54:12.880]   then they denied you and your right to a speedy trial.
[00:54:12.880 --> 00:54:15.880]   However, the issue there is,
[00:54:15.880 --> 00:54:19.800]   is that you had to raise the issue of speedy trial for that to work.
[00:54:19.800 --> 00:54:23.320]   Now here's the other side of that coin.
[00:54:23.320 --> 00:54:30.040]   The statute of limitations is still two years long, okay?
[00:54:30.040 --> 00:54:34.680]   So they have to do everything within that two year period.
[00:54:34.680 --> 00:54:40.880]   File the complaint, get the indictment, do the prosecution, and that's that.
[00:54:40.880 --> 00:54:43.680]   They get it within the two years, fine.
[00:54:43.680 --> 00:54:46.600]   The problem here is they didn't do that.
[00:54:46.600 --> 00:54:53.000]   They're way past two years on prosecuting the case,
[00:54:53.000 --> 00:54:55.240]   despite having filed the complaint.
[00:54:55.240 --> 00:54:57.960]   You follow?
[00:54:57.960 --> 00:55:04.080]   >> Okay, but my attorney did have two motions for continuance.
[00:55:04.080 --> 00:55:06.840]   I know I have to- >> Do you have anything that said they were
[00:55:06.840 --> 00:55:07.360]   granted?
[00:55:07.360 --> 00:55:13.400]   Do you have any order that states a period of time they were granted for?
[00:55:13.400 --> 00:55:14.600]   >> Yes.
[00:55:14.600 --> 00:55:16.840]   >> Okay, how many days total was that?
[00:55:16.840 --> 00:55:20.920]   >> Well, okay, that depends, because here's the thing.
[00:55:20.920 --> 00:55:24.440]   Do you count the days, the time that he sent in the motion, and
[00:55:24.440 --> 00:55:27.840]   then the time they were granted, which was sometimes two or three days?
[00:55:27.840 --> 00:55:29.080]   Are those days counted?
[00:55:29.080 --> 00:55:37.320]   >> The motion is considered filed the day that it's postmarked,
[00:55:37.320 --> 00:55:40.880]   or the day it's stamped by the court, okay?
[00:55:40.880 --> 00:55:42.400]   >> Okay.
[00:55:42.400 --> 00:55:46.760]   >> So- >> If they-
[00:55:46.760 --> 00:55:49.440]   >> I haven't finished answering your question yet.
[00:55:49.440 --> 00:55:50.160]   Hang on just a second.
[00:55:50.160 --> 00:55:52.120]   >> Okay, I'm sorry, sorry, sorry.
[00:55:52.120 --> 00:55:56.600]   >> So from the day they received it till the day they ruled on it,
[00:55:57.720 --> 00:56:00.520]   does not count, okay?
[00:56:00.520 --> 00:56:02.400]   >> Okay.
[00:56:02.400 --> 00:56:09.040]   >> However, if they rule that it's not granted, it does count.
[00:56:09.040 --> 00:56:14.080]   >> Okay, so does not count, meaning that it's excluded.
[00:56:14.080 --> 00:56:17.360]   >> Correct.
[00:56:17.360 --> 00:56:22.600]   If they grant the continuance, then the maximum they can grant it for
[00:56:22.600 --> 00:56:24.920]   is 45 days according to Texas law.
[00:56:27.040 --> 00:56:31.640]   >> So what was the period of time he requested for the continuance?
[00:56:31.640 --> 00:56:32.840]   >> It was longer than that.
[00:56:32.840 --> 00:56:34.640]   I mean, well, here's the issue.
[00:56:34.640 --> 00:56:38.480]   He only filed two motions, and there was four of them done.
[00:56:38.480 --> 00:56:40.080]   So two of them were done by the court.
[00:56:40.080 --> 00:56:48.120]   Cuz there was a motion that he filed, and then the next just says email.
[00:56:48.120 --> 00:56:53.240]   And then there's another motion that he filed, and the next one says court report.
[00:56:53.240 --> 00:56:59.400]   The one where they filed court report had 257 days from the last day,
[00:56:59.400 --> 00:57:04.040]   I mean, from the day that we were supposed to go to a hearing.
[00:57:04.040 --> 00:57:06.240]   All of a sudden, everything just disappeared.
[00:57:06.240 --> 00:57:13.000]   So and then the court realized it on December 30th, 2021.
[00:57:13.000 --> 00:57:18.120]   Like, oops, yeah, we forgot, we gotta set this out to a court date.
[00:57:18.120 --> 00:57:23.720]   So and by that point, 257 days had gone by from the time that I was supposed
[00:57:23.720 --> 00:57:29.400]   to appear at a hearing that there was no notes about, no nothing about.
[00:57:29.400 --> 00:57:34.400]   >> I do not believe the municipal court has the power to do a 245-day continuance.
[00:57:34.400 --> 00:57:40.240]   >> No, I don't either, I don't either, 257 days, actually.
[00:57:40.240 --> 00:57:46.480]   >> Well, whatever, they don't have 200 days, much less, more than that.
[00:57:46.480 --> 00:57:50.040]   >> They're gonna use it as excuses, a pandemic and stuff.
[00:57:50.040 --> 00:57:52.320]   >> They can use all the excuses they want.
[00:57:52.320 --> 00:57:54.680]   It doesn't stop the statute of limitations.
[00:57:54.680 --> 00:57:57.440]   It doesn't stop due process.
[00:57:57.440 --> 00:58:01.040]   >> Not disaster or some other kind of ruling that they would have had,
[00:58:01.040 --> 00:58:05.440]   temporary ruling for- >> There was nothing in law that allowed
[00:58:05.440 --> 00:58:08.960]   them to stop holding court, nothing.
[00:58:08.960 --> 00:58:11.880]   >> Okay, okay.
[00:58:11.880 --> 00:58:14.880]   >> They don't get to just turn off the justice system and
[00:58:14.880 --> 00:58:17.880]   make the people being punished by it wait.
[00:58:17.880 --> 00:58:19.920]   They don't get to do that.
[00:58:19.920 --> 00:58:21.720]   >> Okay, all right.
[00:58:21.720 --> 00:58:23.920]   [MUSIC]
[00:58:23.920 --> 00:58:26.400]   Okay, so that's the big thing right there.
[00:58:26.400 --> 00:58:28.840]   And even if- >> Okay, well, hang on,
[00:58:28.840 --> 00:58:32.040]   I got another break coming up and then I'll pick you up, all right?
[00:58:32.040 --> 00:58:33.000]   >> Okay.
[00:58:33.000 --> 00:58:33.520]   >> All right, hang on.
[00:58:33.520 --> 00:58:38.800]   All right, folks, call in number 512-646-1984.
[00:58:38.800 --> 00:58:41.200]   Give us a call, get in line, we will be right back.
[00:58:41.200 --> 00:58:50.120]   [MUSIC]
[00:58:50.120 --> 00:58:53.400]   The Bible remains the most popular book in the world, yet
[00:58:53.400 --> 00:58:58.320]   countless readers are frustrated because they struggle to understand it.
[00:58:58.320 --> 00:59:02.000]   Some new translations try to help by simplifying the text, but
[00:59:02.000 --> 00:59:06.920]   in the process can compromise the profound meaning of the scripture.
[00:59:06.920 --> 00:59:09.320]   Enter the recovery version.
[00:59:09.320 --> 00:59:13.600]   First, this new translation is extremely faithful and accurate, but
[00:59:13.600 --> 00:59:18.160]   the real story is the more than 9,000 explanatory footnotes.
[00:59:18.160 --> 00:59:22.360]   Difficult and profound passages are opened up in a marvelous way,
[00:59:22.360 --> 00:59:26.200]   providing an entrance into the riches of the word beyond which you've ever
[00:59:26.200 --> 00:59:28.000]   experienced before.
[00:59:28.000 --> 00:59:32.120]   Bibles for America would like to give you a free recovery version simply for
[00:59:32.120 --> 00:59:33.320]   the asking.
[00:59:33.320 --> 00:59:38.920]   This comprehensive yet compact study Bible is yours just by calling us toll free
[00:59:38.920 --> 00:59:43.960]   at 1-888-551-0102 or
[00:59:43.960 --> 00:59:47.720]   by ordering online at freestudybible.com.
[00:59:47.720 --> 00:59:50.920]   That's freestudybible.com.
[00:59:50.920 --> 00:59:56.200]   >> You are listening to the Logos Radio Network, logosradionetwork.com.
[00:59:56.200 --> 01:00:00.800]   [MUSIC]
[01:00:00.800 --> 01:00:04.560]   >> The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:04.560 --> 01:00:08.000]   They guarantee the specific freedoms Americans should know and protect.
[01:00:08.000 --> 01:00:09.720]   Our liberty depends on it.
[01:00:09.720 --> 01:00:13.120]   I'm Dr. Katherine Albrecht, and I'll be right back with an unforgettable way to
[01:00:13.120 --> 01:00:16.120]   remember one of your constitutional rights.
[01:00:16.120 --> 01:00:18.080]   >> Privacy is under attack.
[01:00:18.080 --> 01:00:21.680]   When you give up data about yourself, you'll never get it back again.
[01:00:21.680 --> 01:00:26.440]   And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:26.440 --> 01:00:29.520]   So protect your rights, say no to surveillance, and
[01:00:29.520 --> 01:00:31.720]   keep your information to yourself.
[01:00:31.720 --> 01:00:34.200]   Privacy, it's worth hanging on to.
[01:00:34.200 --> 01:00:37.800]   This public service announcement is brought to you by startpage.com,
[01:00:37.800 --> 01:00:41.760]   the private search engine alternative to Google, Yahoo, and Bing.
[01:00:41.760 --> 01:00:43.840]   Start over with startpage.
[01:00:43.840 --> 01:00:49.640]   >> When I think of the Second Amendment, I visualize myself wrapping my two arms
[01:00:49.640 --> 01:00:52.040]   around the Bill of Rights in a big old bear hug.
[01:00:52.040 --> 01:00:55.560]   It's how I remember that the Second Amendment guarantees us the right to bear
[01:00:55.560 --> 01:00:58.080]   arms, arms that embrace our freedoms and
[01:00:58.080 --> 01:01:00.360]   won't let anyone take them away without a fight.
[01:01:00.360 --> 01:01:01.000]   Get it?
[01:01:01.000 --> 01:01:03.720]   Two arms, bear hug, bear arms?
[01:01:03.720 --> 01:01:07.200]   The late Senator Hubert Humphrey captured the spirit of the Second Amendment so
[01:01:07.200 --> 01:01:11.760]   well when he said, the right of the citizens to bear arms is just one guarantee
[01:01:11.760 --> 01:01:15.760]   against arbitrary government, one more safeguard against the tyranny which now
[01:01:15.760 --> 01:01:20.960]   appears remote in America, but which historically has proved to always be possible.
[01:01:20.960 --> 01:01:22.160]   I'm Dr. Katherine Albrecht.
[01:01:22.160 --> 01:01:25.040]   More news and information at katherinealbrecht.com.
[01:01:25.040 --> 01:01:33.320]   [MUSIC]
[01:01:33.320 --> 01:01:36.160]   You may think our brains deteriorate with age, but
[01:01:36.160 --> 01:01:40.880]   new research shows that as brains get older, they actually work more efficiently.
[01:01:40.880 --> 01:01:42.160]   I'm Dr. Katherine Albrecht,
[01:01:42.160 --> 01:01:47.000]   back with new research on how aging makes the mind sharper, after this.
[01:01:47.000 --> 01:01:49.120]   >> Privacy is under attack.
[01:01:49.120 --> 01:01:52.720]   When you give up data about yourself, you'll never get it back again.
[01:01:52.720 --> 01:01:57.720]   And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.720 --> 01:02:00.800]   So protect your rights, say no to surveillance, and
[01:02:00.800 --> 01:02:03.040]   keep your information to yourself.
[01:02:03.040 --> 01:02:05.440]   Privacy, it's worth hanging on to.
[01:02:05.440 --> 01:02:08.520]   >> This message is brought to you by startpage.com,
[01:02:08.520 --> 01:02:12.520]   the private search engine alternative to Google, Yahoo, and Bing.
[01:02:12.520 --> 01:02:14.600]   Start over with Startpage.
[01:02:14.600 --> 01:02:19.120]   >> It's a widely held notion that the older people get,
[01:02:19.120 --> 01:02:20.920]   the more doddering they become.
[01:02:20.920 --> 01:02:23.640]   But new research shows that even as our brains age,
[01:02:23.640 --> 01:02:26.240]   they can actually become more efficient.
[01:02:26.240 --> 01:02:30.560]   Scientists asked two groups of volunteers, one age 18 to 35, and
[01:02:30.560 --> 01:02:35.920]   the other 55 to 75, to associate different words with given topics.
[01:02:35.920 --> 01:02:39.040]   At one point, they told everyone they'd made a mistake.
[01:02:39.040 --> 01:02:42.960]   When that happened, the younger group's brains lit up and lost focus.
[01:02:42.960 --> 01:02:45.600]   But the older group's brains didn't even flinch, and
[01:02:45.600 --> 01:02:48.360]   they stayed focused on solving the next task.
[01:02:48.360 --> 01:02:51.640]   The moral, there's something to be said for experience.
[01:02:51.640 --> 01:02:52.960]   I'm Dr. Katherine Albrecht for
[01:02:52.960 --> 01:02:56.240]   startpage.com, the world's most private search engine.
[01:02:56.240 --> 01:03:06.240]   [MUSIC]
[01:03:06.240 --> 01:03:16.240]   [MUSIC]
[01:03:16.240 --> 01:03:26.240]   [MUSIC]
[01:03:26.240 --> 01:03:41.960]   >> All right, folks, we are back.
[01:03:41.960 --> 01:03:43.720]   This is Rule of Law Radio.
[01:03:43.720 --> 01:03:49.160]   Call in number 512-646-1984.
[01:03:49.160 --> 01:03:52.840]   And right now, we still have Jane in Texas on the line.
[01:03:52.840 --> 01:03:55.000]   All right, Jane, please continue.
[01:03:55.000 --> 01:03:56.720]   >> Did you have any others on the line?
[01:03:56.720 --> 01:04:00.040]   Cuz I was posted on the telegram, on the call.
[01:04:00.040 --> 01:04:01.800]   >> At the moment, no.
[01:04:01.800 --> 01:04:05.600]   >> Okay, well, if I go inside and post it some more, I can't.
[01:04:05.600 --> 01:04:08.560]   But then it's gonna mess up because I have my radio up so
[01:04:08.560 --> 01:04:11.080]   I can record what you're saying right now.
[01:04:11.080 --> 01:04:16.920]   But anyway, do you have a way for me to get a copy of this, like ASAP?
[01:04:16.920 --> 01:04:19.880]   Cuz I know Debra, it takes her a long time to get them uploaded.
[01:04:19.880 --> 01:04:24.760]   >> I can't say for sure whether or not we can do that.
[01:04:24.760 --> 01:04:26.920]   I'll have to ask Debra after the show's done.
[01:04:26.920 --> 01:04:31.160]   >> Okay, all right, cuz so then if not,
[01:04:31.160 --> 01:04:34.560]   then can you repeat what we talked about at the beginning?
[01:04:34.560 --> 01:04:39.920]   I know that chapter four, none of the chapters give the municipal court
[01:04:39.920 --> 01:04:45.280]   the power to do prosecutions because they don't know how to do a sworn complaint.
[01:04:45.280 --> 01:04:50.880]   And since they didn't do a sworn complaint, and
[01:04:50.880 --> 01:04:56.400]   they're gonna say that because of chapter 45, it says in there that they can-
[01:04:56.400 --> 01:05:01.480]   >> Chapter 45 also says sworn complaint,
[01:05:01.480 --> 01:05:05.040]   exactly like the Texas Constitution says.
[01:05:05.040 --> 01:05:10.600]   A sworn complaint can only be sworn if the person has firsthand knowledge.
[01:05:10.600 --> 01:05:15.560]   This is something that Randy and I are going after them about because they have
[01:05:15.560 --> 01:05:17.600]   been doing it bass-ackwards forever.
[01:05:17.600 --> 01:05:24.360]   I have reason to believe and do believe is only valid to file with
[01:05:24.360 --> 01:05:28.800]   a law enforcement agency to register a complaint that you believe a crime is
[01:05:28.800 --> 01:05:33.080]   being committed that needs to be investigated.
[01:05:33.080 --> 01:05:38.120]   That complaint, a verified complaint is enough to initiate an investigation.
[01:05:38.120 --> 01:05:44.680]   But once it's being prosecuted, it is required in both chapter 15 and
[01:05:44.680 --> 01:05:52.080]   chapter 45, and in article five, section 12 or 17 of the Texas Constitution,
[01:05:52.080 --> 01:05:56.280]   that the complaint be sworn, not verified.
[01:05:56.280 --> 01:06:01.480]   >> Okay, so they're obviously,
[01:06:01.480 --> 01:06:08.800]   they're thinking that they're allowed to administer oath because it says and-
[01:06:08.800 --> 01:06:11.200]   >> They think they're allowed to do a lot of things, but
[01:06:11.200 --> 01:06:13.800]   you keep mixing up the two things.
[01:06:13.800 --> 01:06:16.760]   They are not the same thing.
[01:06:16.760 --> 01:06:21.600]   Administering an oath is what they do as a clerk of the court,
[01:06:21.600 --> 01:06:23.680]   countersigning the complaint.
[01:06:25.080 --> 01:06:31.600]   The affiant, however, is also a clerk of the court, which they cannot do.
[01:06:31.600 --> 01:06:36.840]   The clerk is an agent of the judge.
[01:06:36.840 --> 01:06:41.920]   As an agent of the judge, the judge is now the affiant.
[01:06:41.920 --> 01:06:48.800]   The judge cannot be both the affiant and the one in charge of the damn case.
[01:06:48.800 --> 01:06:50.560]   Can't do it.
[01:06:50.560 --> 01:06:52.680]   >> Right, okay, well,
[01:06:52.680 --> 01:06:56.760]   the prosecutor is actually the one that's prosecuting it, so but he doesn't know that.
[01:06:56.760 --> 01:06:58.280]   >> No, stop.
[01:06:58.280 --> 01:07:01.000]   The judge is the one that's hearing the case.
[01:07:01.000 --> 01:07:03.640]   His clerk is the one that signed as the affiant.
[01:07:03.640 --> 01:07:07.240]   >> Okay. >> The judge is the complainant.
[01:07:07.240 --> 01:07:11.200]   The judge is also the trier of law in fact.
[01:07:11.200 --> 01:07:11.700]   >> Right.
[01:07:11.700 --> 01:07:17.760]   So, and it's a conflict of interest of them only.
[01:07:17.760 --> 01:07:20.240]   >> It denies you an affair in impartial trial.
[01:07:20.240 --> 01:07:22.640]   It is a conflict of interest.
[01:07:22.640 --> 01:07:24.880]   It's a whole bunch of things.
[01:07:24.880 --> 01:07:29.840]   >> Yeah, because they didn't get the magistrate or
[01:07:29.840 --> 01:07:31.880]   district or county attorney involved.
[01:07:31.880 --> 01:07:35.720]   So if they- >> No, that's not who didn't get involved.
[01:07:35.720 --> 01:07:37.400]   That is not the point.
[01:07:37.400 --> 01:07:42.320]   The point is that the court cannot be the sole initiator of the complaint,
[01:07:42.320 --> 01:07:43.440]   and they are.
[01:07:43.440 --> 01:07:46.840]   Every single aspect of the complaint came from the court.
[01:07:46.840 --> 01:07:49.040]   Every single one.
[01:07:49.040 --> 01:07:51.680]   >> Yeah, so what I'm saying is, I mean,
[01:07:51.680 --> 01:07:54.520]   if they would have done it properly, then the officer would have,
[01:07:54.520 --> 01:07:59.720]   after he investigated, filed or did something with the-
[01:07:59.720 --> 01:08:02.880]   >> He would be the affiant on the complaint, and he's not.
[01:08:02.880 --> 01:08:08.000]   >> Okay, okay, so if he was and he actually signed a-
[01:08:08.000 --> 01:08:10.840]   >> Then they're still past the statute of limitations.
[01:08:10.840 --> 01:08:16.920]   >> Okay, but still, even if he signed and he was affiant,
[01:08:18.000 --> 01:08:23.480]   he's still not legal because they didn't file information with the county or
[01:08:23.480 --> 01:08:24.480]   the district court, right?
[01:08:24.480 --> 01:08:28.640]   >> They have not complied with Texas law.
[01:08:28.640 --> 01:08:29.880]   No, they never do.
[01:08:29.880 --> 01:08:31.280]   I told you that.
[01:08:31.280 --> 01:08:34.520]   Texas law requires an information.
[01:08:34.520 --> 01:08:38.400]   Texas law requires a county or district attorney to prosecute.
[01:08:38.400 --> 01:08:41.560]   In a municipal court, you're not gonna be looking at the district attorney.
[01:08:41.560 --> 01:08:43.800]   You're gonna be looking at the city attorney,
[01:08:43.800 --> 01:08:46.680]   who has no authority to prosecute in the name of the state.
[01:08:46.680 --> 01:08:50.880]   No matter what 45.102 or 201 tries to give him.
[01:08:50.880 --> 01:08:53.800]   >> Okay. >> Because the power to prosecute in
[01:08:53.800 --> 01:08:57.400]   the name of the state is a constitutionally delegated power, and
[01:08:57.400 --> 01:08:59.600]   it cannot be given to a city attorney.
[01:08:59.600 --> 01:09:04.280]   >> And that was in the Constitution Bill of Rights or
[01:09:04.280 --> 01:09:07.320]   in the judicial department, judicial powers or what?
[01:09:07.320 --> 01:09:12.800]   >> Chapter five, or I'm sorry, Article 5 of the Texas Constitution,
[01:09:12.800 --> 01:09:14.600]   Article or subsection 12.
[01:09:15.600 --> 01:09:17.800]   >> Okay. >> Okay, and Section 17,
[01:09:17.800 --> 01:09:19.480]   read both of those.
[01:09:19.480 --> 01:09:25.160]   It specifically says, who is the prosecutor who serves the state?
[01:09:25.160 --> 01:09:26.880]   It's the county and district attorney.
[01:09:26.880 --> 01:09:31.040]   >> Right, and the county would be the justice of the peace.
[01:09:31.040 --> 01:09:33.240]   >> No, the county attorney.
[01:09:33.240 --> 01:09:35.360]   >> Okay.
[01:09:35.360 --> 01:09:40.400]   >> He would be the prosecutor rather than if there is no district attorney.
[01:09:40.400 --> 01:09:45.040]   And the district attorney would only handle it if it was a felony,
[01:09:45.040 --> 01:09:47.320]   in which case it wouldn't be a municipal court anyway.
[01:09:47.320 --> 01:09:52.880]   >> So what about, but it does say, even in the Constitution,
[01:09:52.880 --> 01:09:58.200]   that it does say that on misdemeanors that if they're,
[01:09:58.200 --> 01:10:01.480]   okay, was it the Constitution or what?
[01:10:01.480 --> 01:10:06.560]   It does say, does it not say in lieu of the county or
[01:10:06.560 --> 01:10:10.760]   district attorney by improbable cause or
[01:10:10.760 --> 01:10:17.560]   the magistrate, does it not say that on the fine only offense,
[01:10:17.560 --> 01:10:22.800]   that it can be, it don't have to go through them or not?
[01:10:22.800 --> 01:10:25.400]   >> It never says it doesn't have to go through him.
[01:10:25.400 --> 01:10:27.280]   They just simply made it that way.
[01:10:27.280 --> 01:10:35.200]   >> Okay, because in Chapter 45, I mean, they left that part out.
[01:10:35.200 --> 01:10:39.760]   >> In 45, they simply say that the prosecutions will be handled by
[01:10:39.760 --> 01:10:44.960]   the city attorney or in the name of the state by the county attorney.
[01:10:44.960 --> 01:10:47.840]   It says it right there in 45.
[01:10:47.840 --> 01:10:51.760]   The city attorney cannot prosecute a case in municipal court in the name of
[01:10:51.760 --> 01:10:52.520]   the state.
[01:10:52.520 --> 01:10:56.440]   They can only prosecute it in the name of the city based upon a city ordinance.
[01:10:56.440 --> 01:11:01.480]   Therefore, there's only a limited number of people they can actually prosecute
[01:11:01.480 --> 01:11:04.080]   using the city attorney, and you ain't one of them.
[01:11:04.080 --> 01:11:09.360]   >> Okay, so then they screwed up on the complaint big time because they said it
[01:11:09.360 --> 01:11:10.800]   was in the name of the state.
[01:11:10.800 --> 01:11:12.920]   I mean, there's so many things wrong with it.
[01:11:12.920 --> 01:11:15.720]   >> The complaint has to say the name of the state.
[01:11:15.720 --> 01:11:18.760]   That's exactly why the city attorney can't freaking do it.
[01:11:18.760 --> 01:11:22.260]   >> I see.
[01:11:22.260 --> 01:11:27.640]   So it's not like it has to put that there.
[01:11:27.640 --> 01:11:31.240]   Okay, I mean, it's so confusing because they aren't doing what they're supposed to
[01:11:31.240 --> 01:11:31.840]   be doing.
[01:11:31.840 --> 01:11:32.840]   >> No, they aren't.
[01:11:32.840 --> 01:11:36.560]   They have written the code of criminal procedure to violate the state
[01:11:36.560 --> 01:11:38.720]   constitution and itself.
[01:11:39.800 --> 01:11:44.440]   >> Okay, now that's where I might run into issue because they're gonna say,
[01:11:44.440 --> 01:11:47.560]   well, it was rewritten so that we could do this.
[01:11:47.560 --> 01:11:54.560]   >> If it conflicts with the constitution, they cannot do it, and
[01:11:54.560 --> 01:11:57.160]   that conflicts with the constitution.
[01:11:57.160 --> 01:12:01.760]   >> Okay. >> Article 1, section 29.
[01:12:01.760 --> 01:12:06.760]   If anything they do violates any provision of the constitution,
[01:12:06.760 --> 01:12:09.080]   what they do is null and void.
[01:12:09.080 --> 01:12:12.120]   >> Where does it say that?
[01:12:12.120 --> 01:12:12.840]   In Article 1?
[01:12:12.840 --> 01:12:15.440]   >> Article 1, section 29.
[01:12:15.440 --> 01:12:16.880]   >> Okay, all right.
[01:12:16.880 --> 01:12:19.320]   Okay, that's good to know.
[01:12:19.320 --> 01:12:25.520]   All right, so I'm just gonna go there and I'm probably worried about nothing because
[01:12:25.520 --> 01:12:27.040]   I know that they've done wrong.
[01:12:27.040 --> 01:12:31.440]   But unless I pointed out to them, they're not gonna give me a dismissal.
[01:12:31.440 --> 01:12:34.760]   >> They're never ever going to admit it unless you point it out and
[01:12:34.760 --> 01:12:35.960]   you stand your ground.
[01:12:37.960 --> 01:12:41.680]   >> So number one, it's the amount of days that they did not,
[01:12:41.680 --> 01:12:46.000]   I mean, that it hasn't been brought to, that hadn't prosecuted me or
[01:12:46.000 --> 01:12:47.440]   taken me to a hearing.
[01:12:47.440 --> 01:12:51.400]   >> Look, you need to just file the motion that it's outside of
[01:12:51.400 --> 01:12:55.520]   the statute of limitations and force them to prove it's not.
[01:12:55.520 --> 01:12:58.120]   >> I did that already, I filed that.
[01:12:58.120 --> 01:13:00.120]   That was the first thing I filed.
[01:13:00.120 --> 01:13:00.620]   >> Okay.
[01:13:00.620 --> 01:13:04.720]   >> Yeah. >> The last one I told you to file-
[01:13:04.720 --> 01:13:05.800]   >> Was a speedy trial.
[01:13:05.800 --> 01:13:11.000]   >> Not just a speedy trial, I sent you another one that told you a whole bunch
[01:13:11.000 --> 01:13:15.000]   of stuff to do and you sent me another email talking about stuff that had
[01:13:15.000 --> 01:13:16.320]   nothing to do with what I said.
[01:13:16.320 --> 01:13:20.040]   >> [LAUGH] That must have been like several days ago?
[01:13:20.040 --> 01:13:26.800]   >> Well, it was at least several days ago, it was before our last class, I think.
[01:13:26.800 --> 01:13:28.720]   >> Okay, all right.
[01:13:28.720 --> 01:13:34.240]   Well, I mean, they can't get past the-
[01:13:34.240 --> 01:13:38.400]   >> They can get past anything you're not prepared to argue.
[01:13:38.400 --> 01:13:38.900]   >> Okay.
[01:13:38.900 --> 01:13:45.960]   Well, if I can just get one of the things down well enough,
[01:13:45.960 --> 01:13:51.720]   then they just can't, they have to be dismissed, right?
[01:13:51.720 --> 01:13:56.880]   >> Well, any one of these is dismissible as they stand.
[01:13:56.880 --> 01:14:00.920]   But the fact of the matter is the way they are doing things versus how both
[01:14:00.920 --> 01:14:05.120]   the state constitution and the code of criminal procedure require them to be done,
[01:14:05.120 --> 01:14:07.240]   they're not complying with law.
[01:14:07.240 --> 01:14:11.720]   And by not complying with law, they are denying you in substantive due process.
[01:14:11.720 --> 01:14:12.880]   They can't do that.
[01:14:12.880 --> 01:14:17.360]   >> They're gonna, I mean, they're doing it all day long, every day.
[01:14:17.360 --> 01:14:21.920]   >> I know they're doing it all day long because most people don't know what I've
[01:14:21.920 --> 01:14:23.320]   told you.
[01:14:23.320 --> 01:14:28.520]   >> And most people, probably no one has even ever said anything to them about this.
[01:14:29.720 --> 01:14:32.880]   You would probably be absolutely right.
[01:14:32.880 --> 01:14:37.160]   Because until I came along, I don't know, I have never found a court case or
[01:14:37.160 --> 01:14:40.440]   any other document that has the arguments that I've got
[01:14:40.440 --> 01:14:45.560]   based upon what the law says versus what they do, because they do not match.
[01:14:45.560 --> 01:14:52.160]   >> Wow, so they're gonna say, who do you think you are trying to tell us how we're
[01:14:52.160 --> 01:14:53.520]   supposed to be doing?
[01:14:53.520 --> 01:14:56.760]   >> I'm one of the people you work for, that's who I am.
[01:14:58.520 --> 01:15:02.480]   I'm one of the people that has a right to due process that you are attempting
[01:15:02.480 --> 01:15:07.200]   to deny me on and for the record, I object to that.
[01:15:07.200 --> 01:15:10.840]   >> Good, okay.
[01:15:10.840 --> 01:15:13.840]   [BLANK_AUDIO]
[01:15:13.840 --> 01:15:14.560]   Okay.
[01:15:14.560 --> 01:15:17.360]   [LAUGH] >> Okay.
[01:15:17.360 --> 01:15:21.560]   >> All right, well, I wish that y'all had had these in the courts a little bit
[01:15:21.560 --> 01:15:24.440]   already before I start slamming them with all this.
[01:15:24.440 --> 01:15:26.040]   I mean, who- >> Well, we do,
[01:15:26.040 --> 01:15:28.240]   that's what the seminar materials got in it.
[01:15:28.240 --> 01:15:30.920]   Most of those things that you're trying to write motions for
[01:15:30.920 --> 01:15:33.480]   are already written in the seminar material.
[01:15:33.480 --> 01:15:37.120]   >> Yeah, I know, but I'm saying I wish you had already gone against some of
[01:15:37.120 --> 01:15:40.680]   these courts, or have you not?
[01:15:40.680 --> 01:15:43.920]   >> The people that have the seminar material have used them to go against
[01:15:43.920 --> 01:15:45.880]   the courts, and they usually get a dismissal so
[01:15:45.880 --> 01:15:48.040]   the courts don't have to address it.
[01:15:48.040 --> 01:15:50.640]   That's why the law hasn't been changed.
[01:15:50.640 --> 01:15:54.120]   They're just dismissing the case rather than let it get to light
[01:15:54.120 --> 01:15:56.320]   that they've been screwing people over.
[01:15:56.320 --> 01:16:00.800]   Because once they do that, the floodgates open, and they're gonna get sued.
[01:16:00.800 --> 01:16:03.880]   >> Right, and that's what I intend to do.
[01:16:03.880 --> 01:16:08.440]   But what I'm saying, okay, so then if those people who got dismissals without
[01:16:08.440 --> 01:16:13.440]   having the law changed, and I get mine dismissed, but so
[01:16:13.440 --> 01:16:15.200]   then nobody's actually gone after and
[01:16:15.200 --> 01:16:17.800]   will sue them to try to put them in their place then after that, right?
[01:16:17.800 --> 01:16:22.960]   >> Well, the only thing, the problem is, is you would have to file a suit
[01:16:22.960 --> 01:16:25.040]   separate from the malicious prosecution.
[01:16:25.040 --> 01:16:29.760]   You'd have to file a suit for injunctive relief to block them from ever
[01:16:29.760 --> 01:16:31.480]   prosecuting this case again.
[01:16:31.480 --> 01:16:35.280]   And then the question is whether you could do it for everyone or just yourself.
[01:16:35.280 --> 01:16:39.240]   In order to do it for everyone, there'd have to be multiple plaintiffs most likely,
[01:16:39.240 --> 01:16:41.600]   in which case it would then become a class action suit.
[01:16:41.600 --> 01:16:45.800]   >> Well, I've already been gathering information about different plaintiffs.
[01:16:45.800 --> 01:16:50.440]   >> Okay, well, do you think you can handle that from there?
[01:16:50.440 --> 01:16:53.040]   Cuz I've got another caller up on the board now, I've been expecting.
[01:16:53.040 --> 01:16:54.040]   >> Yeah, okay, good.
[01:16:54.040 --> 01:16:56.600]   >> Yeah, I think so, if I'm not, I'll call you back.
[01:16:56.600 --> 01:16:58.200]   >> Okay, all right, bye-bye.
[01:16:58.200 --> 01:16:59.200]   >> Bye-bye.
[01:16:59.200 --> 01:17:01.120]   >> Andrea Hancock.
[01:17:01.120 --> 01:17:04.040]   >> Are you looking to have a closer relationship with God and
[01:17:04.040 --> 01:17:06.240]   a better understanding of his word?
[01:17:06.240 --> 01:17:11.160]   Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 PM Central Time
[01:17:11.160 --> 01:17:15.560]   for Scripture Talk, where Nana and her guests discuss the scriptures in accord
[01:17:15.560 --> 01:17:17.800]   with 2 Timothy 2.15.
[01:17:17.800 --> 01:17:22.320]   Study to show thyself approved unto God, a workman that needeth not to be ashamed,
[01:17:22.320 --> 01:17:24.720]   rightly dividing the word of truth.
[01:17:24.720 --> 01:17:28.240]   Starting in January, our first hour studies are in the Book of Mark,
[01:17:28.240 --> 01:17:32.280]   where we'll go verse by verse and discuss the true gospel message.
[01:17:32.280 --> 01:17:36.400]   Our second hour topical studies will vary each week with discussions on sound
[01:17:36.400 --> 01:17:39.280]   doctrine and Christian character development.
[01:17:39.280 --> 01:17:43.800]   We wish to reflect God's light and be a blessing to all those with a hearing ear.
[01:17:43.800 --> 01:17:45.760]   Our goal is to strengthen our faith and
[01:17:45.760 --> 01:17:50.360]   to transform ourselves more into the likeness of our Lord and Savior, Jesus.
[01:17:50.360 --> 01:17:54.040]   So tune in to Scripture Talk live on LogosRadioNetwork.com,
[01:17:54.040 --> 01:17:59.320]   Wednesdays from 8 to 10 PM, to inspire and motivate your studies of the scriptures.
[01:17:59.320 --> 01:18:04.480]   >> Are you being harassed by debt collectors with phone calls, letters, or
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[01:19:00.160 --> 01:19:10.160]   [MUSIC]
[01:19:11.600 --> 01:19:21.600]   [MUSIC]
[01:19:21.600 --> 01:19:26.160]   >> All right, folks, we are back.
[01:19:26.160 --> 01:19:32.480]   This is Rule of Law Radio, calling number 512-646-1984 with your host, Eddie Craig.
[01:19:32.480 --> 01:19:37.040]   I have a new caller up on the board, first time caller, I do believe.
[01:19:37.040 --> 01:19:39.960]   This would be Andrea in Texas.
[01:19:39.960 --> 01:19:41.200]   Andrea, what can we do for you?
[01:19:41.200 --> 01:19:44.160]   >> Hey, Eddie, how are you?
[01:19:44.160 --> 01:19:44.920]   >> I'm good.
[01:19:44.920 --> 01:19:47.520]   I tried to respond to your email, and
[01:19:47.520 --> 01:19:51.800]   your email server at your school bounced it back saying it was blocked.
[01:19:51.800 --> 01:19:55.240]   So I went ahead and used the phone number you added in the email.
[01:19:55.240 --> 01:19:57.600]   Fortunately, I could get in touch with you that way to text you and
[01:19:57.600 --> 01:19:59.440]   say I'm on if you wanna ask.
[01:19:59.440 --> 01:20:03.280]   >> Yes, thank you so much, and I'll get you a different email so
[01:20:03.280 --> 01:20:05.800]   we can correspond that way as well.
[01:20:05.800 --> 01:20:07.480]   >> Okay. >> So my question is, so
[01:20:07.480 --> 01:20:09.920]   back in January, I had a seating ticket.
[01:20:09.920 --> 01:20:15.160]   So I filed all the paperwork that Randy had suggested,
[01:20:15.160 --> 01:20:20.080]   the special appearance, the arresting officer complaint,
[01:20:20.080 --> 01:20:24.480]   the notice of preservation of rights, the motion of in Lemine,
[01:20:24.480 --> 01:20:25.320]   I don't know how to say that.
[01:20:25.320 --> 01:20:26.000]   >> In Lemine.
[01:20:26.000 --> 01:20:30.920]   >> Lemine, okay, and then challenge to subject matter jurisdiction.
[01:20:30.920 --> 01:20:36.000]   So I filed all of that plus the affidavit of status and affidavit of facts.
[01:20:36.000 --> 01:20:41.400]   And when I filed it, it was the day of my court date.
[01:20:41.400 --> 01:20:44.440]   And when the lady, when I went to the clerk, she looked it up.
[01:20:44.440 --> 01:20:47.880]   >> Well, hang on a sec, when you say the day of your court date,
[01:20:47.880 --> 01:20:49.120]   court date to do what?
[01:20:49.120 --> 01:20:53.320]   >> Well, that was the court date on the ticket, the seating ticket.
[01:20:53.320 --> 01:20:53.820]   >> Okay. >> I'm sorry,
[01:20:53.820 --> 01:20:57.240]   I got a seating ticket, and that was the court date of the seating ticket.
[01:20:57.240 --> 01:20:58.800]   >> That was your initial appearance date?
[01:20:58.800 --> 01:21:00.840]   >> Correct.
[01:21:00.840 --> 01:21:02.160]   >> Okay. >> Correct.
[01:21:02.160 --> 01:21:05.880]   And when she looked it up, she said, you don't have a court date.
[01:21:05.880 --> 01:21:07.640]   She's like, do you wanna set a court date?
[01:21:07.640 --> 01:21:10.680]   I said, no, if after looking over the paperwork they wanna set one,
[01:21:10.680 --> 01:21:12.280]   they can let me know.
[01:21:12.280 --> 01:21:15.680]   And she said, okay, and she stamped all the paperwork and that was it, and
[01:21:15.680 --> 01:21:16.800]   I haven't heard anything since.
[01:21:16.800 --> 01:21:22.280]   >> Okay. >> So what should I do?
[01:21:22.280 --> 01:21:24.040]   Should I follow up with them?
[01:21:24.040 --> 01:21:25.320]   Should I just let it go?
[01:21:25.320 --> 01:21:25.880]   Should I send something?
[01:21:25.880 --> 01:21:30.960]   >> Well, the thing is, is they are required to notify you if they set
[01:21:30.960 --> 01:21:32.160]   something up.
[01:21:32.160 --> 01:21:36.360]   Now, the problem is, is Texas courts are notorious for
[01:21:36.360 --> 01:21:39.880]   intentionally sending notices to the wrong address.
[01:21:39.880 --> 01:21:45.360]   They will intentionally go back and look up an old address and
[01:21:45.360 --> 01:21:51.080]   send everything to that, rather than to the one that you have on the citation or
[01:21:51.080 --> 01:21:54.080]   whatever you put in your paperwork.
[01:21:54.080 --> 01:21:55.200]   They're notorious for that.
[01:21:55.200 --> 01:21:57.880]   They do that on purpose, okay?
[01:21:57.880 --> 01:21:58.880]   >> Okay.
[01:21:58.880 --> 01:22:05.000]   >> So first rule of communicating with them, always do it in writing.
[01:22:05.000 --> 01:22:09.600]   Don't make phone calls, don't do it in person unless you're recording it.
[01:22:09.600 --> 01:22:13.280]   Always do it in writing, okay?
[01:22:13.280 --> 01:22:14.480]   >> Okay.
[01:22:14.480 --> 01:22:17.920]   >> That way you have an actual record of everything.
[01:22:17.920 --> 01:22:24.640]   Okay, so anything that you do and send in through the mail,
[01:22:24.640 --> 01:22:27.560]   make sure it's certified mail return receipt requested.
[01:22:27.560 --> 01:22:30.080]   If you carry it in and hand it to them in person,
[01:22:30.080 --> 01:22:34.240]   make sure they stamp not only what you give them, but what you keep.
[01:22:34.240 --> 01:22:36.560]   So that you have a court stamp showing the date and
[01:22:36.560 --> 01:22:39.440]   time it was filed with them, etc., etc.
[01:22:39.440 --> 01:22:41.200]   Okay?
[01:22:41.200 --> 01:22:42.240]   >> Okay.
[01:22:42.240 --> 01:22:44.120]   >> That way there's always a record.
[01:22:44.120 --> 01:22:51.480]   >> Right, so at this point, if I was gonna send them something in writing,
[01:22:51.480 --> 01:22:52.320]   what would that be?
[01:22:53.960 --> 01:22:55.760]   >> If you're gonna send them something in writing,
[01:22:55.760 --> 01:22:58.960]   you'd be requesting an update on the case.
[01:22:58.960 --> 01:23:02.360]   Did they give you a cause number of any kind?
[01:23:02.360 --> 01:23:05.000]   >> A cause number?
[01:23:05.000 --> 01:23:07.520]   No, I have a case number, but not a cause number.
[01:23:07.520 --> 01:23:10.480]   >> Well, that's what a cause number is, is the case number.
[01:23:10.480 --> 01:23:12.560]   >> Okay, yes, I do have a case number.
[01:23:12.560 --> 01:23:18.640]   >> Okay, then what you can do is you can check and see.
[01:23:18.640 --> 01:23:22.040]   Just say, please give me an update on case number blah, blah, blah,
[01:23:22.040 --> 01:23:23.960]   whatever it is that you've got.
[01:23:23.960 --> 01:23:28.640]   Please ensure that all communications are in writing and sent to this address.
[01:23:28.640 --> 01:23:32.120]   And make sure you supply the exact address in that written document that you
[01:23:32.120 --> 01:23:32.880]   want it sent to.
[01:23:32.880 --> 01:23:34.880]   Okay? >> Okay.
[01:23:34.880 --> 01:23:39.320]   >> And make sure you also state that all communications relative to this case
[01:23:39.320 --> 01:23:41.320]   are to be sent to that same address.
[01:23:41.320 --> 01:23:43.180]   >> Okay.
[01:23:43.180 --> 01:23:46.060]   All right.
[01:23:48.240 --> 01:23:52.160]   All right, so I'll follow up that way and see what happens from there.
[01:23:52.160 --> 01:23:57.280]   The other one was my son got a speeding ticket a month later, same city,
[01:23:57.280 --> 01:23:58.360]   same court.
[01:23:58.360 --> 01:24:04.120]   And he filed an affidavit of status, affidavit of fact, and the special appearance.
[01:24:04.120 --> 01:24:10.400]   So he went to his hearing, or his court date, and talked to the prosecutor.
[01:24:10.400 --> 01:24:13.360]   And the prosecutor said, so you're questioning jurisdiction,
[01:24:13.360 --> 01:24:14.600]   let's set you up a hearing.
[01:24:14.600 --> 01:24:17.840]   And they set a hearing for April 14th or something like that.
[01:24:18.480 --> 01:24:21.840]   So did he file all of the motions that I filed as well?
[01:24:21.840 --> 01:24:24.200]   >> Yeah, he should.
[01:24:24.200 --> 01:24:25.820]   >> Okay.
[01:24:25.820 --> 01:24:33.440]   >> But I actually have a speeding motion that I'm giving away for free.
[01:24:33.440 --> 01:24:37.760]   So if you can get me an email address that I can actually contact you at and
[01:24:37.760 --> 01:24:40.360]   get it to you, and both of you can use it.
[01:24:40.360 --> 01:24:44.480]   >> Got it. >> But I have a motion specifically for
[01:24:44.480 --> 01:24:46.360]   fighting speeding charges in Texas.
[01:24:47.760 --> 01:24:52.120]   >> Okay, so when you file the motion, this is what I don't understand.
[01:24:52.120 --> 01:24:53.560]   So we file the motions and everything.
[01:24:53.560 --> 01:24:56.880]   Do we still go to the court date?
[01:24:56.880 --> 01:24:58.520]   Do we still show up at the hearings?
[01:24:58.520 --> 01:25:02.440]   Or do these motions, are they in lieu of- >> If they send you a notice to appear,
[01:25:02.440 --> 01:25:06.240]   then yes, you go, okay?
[01:25:06.240 --> 01:25:09.600]   And you make a record that you got there.
[01:25:09.600 --> 01:25:14.800]   You file something with the clerk of the court, even if it's a written notice.
[01:25:14.800 --> 01:25:17.760]   I hereby notice the court that I appeared on such and such date and
[01:25:17.760 --> 01:25:21.960]   such and such time in response to a notice to appear,
[01:25:21.960 --> 01:25:27.920]   dated this date and time from this court, signed by this individual.
[01:25:27.920 --> 01:25:32.960]   Always make a record, always, of every interaction you have.
[01:25:32.960 --> 01:25:34.440]   Because that will help you so
[01:25:34.440 --> 01:25:38.160]   much later when you go back after them for everything they've done.
[01:25:38.160 --> 01:25:43.400]   Which hopefully you will do, but- >> Yes, I'm ready.
[01:25:43.840 --> 01:25:48.400]   >> Okay, so we go to the hearing.
[01:25:48.400 --> 01:25:51.960]   If you go to the hearing, so is there a chance that if we file these motions,
[01:25:51.960 --> 01:25:53.720]   they will dismiss it before the hearing?
[01:25:53.720 --> 01:25:55.480]   Or do they wait to the hearing?
[01:25:55.480 --> 01:25:59.680]   >> They will try to drag it out to the very last second,
[01:25:59.680 --> 01:26:01.880]   if they possibly can, to get you to cave.
[01:26:01.880 --> 01:26:05.480]   To get you to withdraw something or do something or
[01:26:05.480 --> 01:26:10.480]   say something that will make what you filed irrelevant.
[01:26:11.480 --> 01:26:16.720]   So rule number one, under no circumstances are either of you to
[01:26:16.720 --> 01:26:22.200]   discuss one single element of the charge, ever.
[01:26:22.200 --> 01:26:29.400]   Your argument is and shall focus on nothing but lack of jurisdiction.
[01:26:29.400 --> 01:26:37.720]   Never mention the charge, never say I wasn't going this fast or that fast.
[01:26:37.720 --> 01:26:40.000]   Don't say how fast you were going.
[01:26:40.000 --> 01:26:42.320]   Don't even say you were in a damn car.
[01:26:42.320 --> 01:26:45.040]   >> [LAUGH] >> Okay?
[01:26:45.040 --> 01:26:49.640]   >> Right, I remember that- >> Do not address a single element of
[01:26:49.640 --> 01:26:50.400]   the offense.
[01:26:50.400 --> 01:26:54.200]   The moment you do, you've thrown personal jurisdiction out the window.
[01:26:54.200 --> 01:26:56.960]   >> Right, right.
[01:26:56.960 --> 01:27:00.080]   >> Now it's down to nothing but subject matter jurisdiction,
[01:27:00.080 --> 01:27:04.160]   which they can easily claim they have after you start talking.
[01:27:04.160 --> 01:27:07.920]   So don't.
[01:27:09.640 --> 01:27:12.680]   >> What's the difference with subject matter jurisdiction and
[01:27:12.680 --> 01:27:14.480]   personal jurisdiction?
[01:27:14.480 --> 01:27:19.240]   >> Because they have to have jurisdiction over the offense,
[01:27:19.240 --> 01:27:21.000]   that's subject matter.
[01:27:21.000 --> 01:27:24.960]   And then they have to have jurisdiction over the person who is alleged to have
[01:27:24.960 --> 01:27:27.080]   committed that offense, that's personal.
[01:27:27.080 --> 01:27:33.680]   The other form of jurisdiction they have to have is venue, okay?
[01:27:33.680 --> 01:27:36.120]   Or territorial is another way of saying it.
[01:27:36.120 --> 01:27:41.920]   It must have happened in a place as a type of offense,
[01:27:41.920 --> 01:27:49.080]   a type of an offense, by a person over which they can all claim jurisdiction.
[01:27:49.080 --> 01:27:55.080]   Now the problem with subject matter jurisdiction here is not simply that
[01:27:55.080 --> 01:27:59.640]   the court can hear a case based upon the subject matter jurisdiction.
[01:27:59.640 --> 01:28:02.240]   See, there's another side of jurisdiction here,
[01:28:02.240 --> 01:28:05.240]   subject matter jurisdiction, that none of these idiots are looking at.
[01:28:06.240 --> 01:28:10.240]   And that is whether or not the subject matter jurisdiction applied to the person
[01:28:10.240 --> 01:28:15.000]   they're trying to accuse, just as much as it gives the court jurisdiction to hear.
[01:28:15.000 --> 01:28:16.160]   Okay?
[01:28:16.160 --> 01:28:21.200]   If the subject matter does not apply to the accused,
[01:28:21.200 --> 01:28:25.840]   then they can't get subject matter or personal jurisdiction ever.
[01:28:25.840 --> 01:28:28.280]   >> Right, okay.
[01:28:28.280 --> 01:28:33.240]   Now, when I was in the court with him, and she was saying, well,
[01:28:33.240 --> 01:28:37.720]   this is criminal, and she read the rights basically in a nice type of way,
[01:28:37.720 --> 01:28:40.560]   trying to schmooze everybody in the court.
[01:28:40.560 --> 01:28:43.200]   And I'm thinking, well, what crime did I commit?
[01:28:43.200 --> 01:28:46.200]   There's no victim, right?
[01:28:46.200 --> 01:28:51.400]   Is the city, Mr. and Mrs. City of Pasadena gonna show up and say I-
[01:28:51.400 --> 01:28:52.280]   >> No, they're not.
[01:28:52.280 --> 01:28:56.360]   And while you're right, you have to remember they're not charging you under
[01:28:56.360 --> 01:29:00.560]   criminal law, they're charging you under regulatory law, which is administrative
[01:29:00.560 --> 01:29:04.200]   law, which means due process doesn't work the same way.
[01:29:04.200 --> 01:29:09.960]   What they're doing with regulatory law is absolutely unconstitutional and
[01:29:09.960 --> 01:29:11.440]   they damn well know it.
[01:29:11.440 --> 01:29:15.400]   But what they also know is that you don't, and
[01:29:15.400 --> 01:29:18.880]   that's how they get away with it, okay?
[01:29:18.880 --> 01:29:21.360]   So while you're correct, there is no victim.
[01:29:21.360 --> 01:29:25.960]   Because it's a regulatory code and they have established a presumption that you
[01:29:25.960 --> 01:29:31.000]   are somebody that code regulates, hence you are under the subject matter
[01:29:31.000 --> 01:29:36.760]   jurisdiction, then they can use it against you, and that's what they do.
[01:29:36.760 --> 01:29:41.360]   The whole point of my seminar material is to prove that's not the case and
[01:29:41.360 --> 01:29:43.000]   give you the means to fight back.
[01:29:43.000 --> 01:29:46.760]   Hang on just a second, let me get this break and
[01:29:46.760 --> 01:29:50.360]   then we will come back and go on with your discussion, okay?
[01:29:50.360 --> 01:29:51.480]   >> All right, thank you.
[01:29:51.480 --> 01:29:55.760]   >> Yep, all right, folks, 512-646-1984, if you wanna call in,
[01:29:55.760 --> 01:29:58.840]   I can't guarantee I'll get everybody, but I'll certainly try, we'll be right back.
[01:29:58.840 --> 01:30:00.600]   [MUSIC]
[01:30:00.600 --> 01:30:03.760]   >> It seems like everywhere you turn nowadays, someone wants your name,
[01:30:03.760 --> 01:30:05.760]   social security number, and date of birth.
[01:30:05.760 --> 01:30:08.960]   But you should think twice before giving away your personal data.
[01:30:08.960 --> 01:30:12.440]   I'm Dr. Katherine Albrecht, and I'll say more in just a moment.
[01:30:12.440 --> 01:30:16.240]   >> Google is watching you, recording everything you've ever searched for and
[01:30:16.240 --> 01:30:19.600]   creating a massive database of your personal information.
[01:30:19.600 --> 01:30:22.440]   That's creepy, but it doesn't have to be that way.
[01:30:22.440 --> 01:30:25.560]   Startpage.com is the world's most private search engine.
[01:30:25.560 --> 01:30:29.840]   Startpage.com doesn't store your IP address, make a record of your searches or
[01:30:29.840 --> 01:30:32.560]   use tracking cookies, and they're third party certified.
[01:30:32.560 --> 01:30:36.920]   If you don't like Big Brother spying on you, start over with Startpage.
[01:30:36.920 --> 01:30:39.440]   Great search results and total privacy.
[01:30:39.440 --> 01:30:42.880]   Startpage.com, the world's most private search engine.
[01:30:42.880 --> 01:30:45.440]   >> Forms, forms, forms, they're everywhere.
[01:30:45.440 --> 01:30:47.400]   But just because a piece of paper asks for
[01:30:47.400 --> 01:30:49.560]   information doesn't mean you have to give it.
[01:30:49.560 --> 01:30:54.640]   I leave blank spaces on forms all the time, or I write n/a for not applicable,
[01:30:54.640 --> 01:30:56.840]   and usually nobody notices or cares.
[01:30:56.840 --> 01:31:00.720]   I never give my social security number or date of birth unless it's absolutely
[01:31:00.720 --> 01:31:03.760]   mandatory for employment or a government requirement.
[01:31:03.760 --> 01:31:05.840]   And I won't give my phone number to a company or
[01:31:05.840 --> 01:31:09.720]   an organization unless I actually want them to call me, and that's pretty rare.
[01:31:09.720 --> 01:31:11.440]   To preserve our vanishing privacy,
[01:31:11.440 --> 01:31:14.840]   we need to practice saying no to random data requests.
[01:31:14.840 --> 01:31:16.520]   It's like exercising a muscle.
[01:31:16.520 --> 01:31:18.720]   It gets easier the more you do it.
[01:31:18.720 --> 01:31:20.000]   I'm Dr. Katherine Albrecht.
[01:31:20.000 --> 01:31:22.840]   More news and information at katherinealbrecht.com.
[01:31:22.840 --> 01:31:31.600]   [MUSIC]
[01:31:31.600 --> 01:31:32.440]   >> I lost my son.
[01:31:32.440 --> 01:31:33.000]   >> My nephew.
[01:31:33.000 --> 01:31:34.000]   >> My uncle. >> My son.
[01:31:34.000 --> 01:31:36.040]   >> On September 11th, 2001.
[01:31:36.040 --> 01:31:39.720]   >> Most people don't know that a third tower fell on September 11th.
[01:31:39.720 --> 01:31:43.920]   >> World Trade Center 7, a 47 story skyscraper was not hit by a plane.
[01:31:43.920 --> 01:31:47.720]   >> Although the official explanation is that fire brought down building 7.
[01:31:47.720 --> 01:31:51.560]   >> Over 1,200 architects and engineers have looked into the evidence.
[01:31:51.560 --> 01:31:53.520]   >> And believe there is more to the story.
[01:31:53.520 --> 01:31:55.000]   >> Bring justice to my son.
[01:31:55.000 --> 01:31:55.560]   >> My uncle.
[01:31:55.560 --> 01:31:56.120]   >> My nephew.
[01:31:56.120 --> 01:31:56.640]   >> My son.
[01:31:56.640 --> 01:31:58.880]   >> Go to buildingwhat.org.
[01:31:58.880 --> 01:31:59.680]   >> Why it fell.
[01:31:59.680 --> 01:32:00.520]   >> Why it matters.
[01:32:00.520 --> 01:32:01.400]   >> And what you can do.
[01:32:01.400 --> 01:32:03.120]   [MUSIC]
[01:32:03.120 --> 01:32:06.280]   >> Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[01:32:06.280 --> 01:32:08.600]   In today's America, we live in an us against them society.
[01:32:08.600 --> 01:32:10.880]   And if we the people are ever going to have a free society,
[01:32:10.880 --> 01:32:13.800]   then we're going to have to stand and defend our own rights.
[01:32:13.800 --> 01:32:16.520]   Among those rights are the right to travel freely from place to place,
[01:32:16.520 --> 01:32:19.000]   the right to act in our own private capacity, and most importantly,
[01:32:19.000 --> 01:32:20.760]   the right to due process of law.
[01:32:20.760 --> 01:32:24.120]   Traffic courts afford us the least expensive opportunity to learn how to
[01:32:24.120 --> 01:32:26.720]   enforce and preserve our rights through due process.
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[01:32:29.720 --> 01:32:32.680]   has put together the most comprehensive teaching tool available that will help
[01:32:32.680 --> 01:32:36.480]   you understand what due process is and how to hold the courts to the rule of law.
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[01:32:59.360 --> 01:32:59.860]   deserve.
[01:32:59.860 --> 01:33:04.720]   [MUSIC]
[01:33:04.720 --> 01:33:11.040]   You're listening to the Logos Radio Network at logosradionetwork.com.
[01:33:11.040 --> 01:33:18.560]   [MUSIC]
[01:33:18.560 --> 01:33:28.560]   [MUSIC]
[01:33:28.560 --> 01:33:38.560]   [MUSIC]
[01:33:40.560 --> 01:33:50.560]   [MUSIC]
[01:33:50.560 --> 01:34:00.560]   [MUSIC]
[01:34:00.560 --> 01:34:10.560]   [MUSIC]
[01:34:10.560 --> 01:34:27.000]   >> Folks, we are back.
[01:34:27.000 --> 01:34:29.720]   This is Rule of Law Radio.
[01:34:29.720 --> 01:34:32.760]   Okay, now back to Andrea here real quick.
[01:34:32.760 --> 01:34:36.760]   All right, Andrea, I've got the motion here to fight the speeding citation.
[01:34:36.760 --> 01:34:43.000]   However, even if I email it to you, you do not want to file this
[01:34:43.000 --> 01:34:49.080]   until they have answered the jurisdictional challenge motion, okay?
[01:34:49.080 --> 01:34:49.580]   >> Okay.
[01:34:49.580 --> 01:34:54.160]   >> Because again, this goes straight to merits.
[01:34:54.160 --> 01:34:56.520]   It blows merits right out of the water for them.
[01:34:56.520 --> 01:35:00.280]   They couldn't win this if they tried, even on merits.
[01:35:00.280 --> 01:35:02.280]   >> Okay.
[01:35:02.280 --> 01:35:04.560]   >> Based upon the information that's in this motion,
[01:35:04.560 --> 01:35:08.920]   because this information is all about the law they're intentionally misapplying and
[01:35:08.920 --> 01:35:12.120]   misinterpreting to use to steal money.
[01:35:12.120 --> 01:35:15.320]   Everything they're doing on a speeding citation is fraud.
[01:35:15.320 --> 01:35:18.960]   And once you read this motion, you're gonna be spitting nail heads.
[01:35:18.960 --> 01:35:26.040]   >> Wow, okay, so are they gonna reply to the special
[01:35:26.040 --> 01:35:29.880]   appearance motion at the hearing or will they do that?
[01:35:29.880 --> 01:35:34.760]   >> You object, the problem is if you did not file a motion demanding
[01:35:34.760 --> 01:35:39.040]   a motions hearing prior to trial, that's exactly what they're going to try to do.
[01:35:39.040 --> 01:35:44.840]   >> Okay, and at the hearing, they're either gonna say, we have jurisdiction.
[01:35:44.840 --> 01:35:46.840]   And if they do say they have jurisdiction,
[01:35:46.840 --> 01:35:48.880]   that's when I file the motion that you're gonna email me.
[01:35:48.880 --> 01:35:50.780]   >> Correct.
[01:35:50.780 --> 01:35:53.680]   >> Okay, okay.
[01:35:53.680 --> 01:35:58.720]   >> So I have another, I guess we're just a family of speeders here,
[01:35:58.720 --> 01:36:02.520]   because my sister got a speeding ticket, but she was doing 23 over and
[01:36:02.520 --> 01:36:03.640]   then it was written for that.
[01:36:03.640 --> 01:36:05.880]   >> Doesn't matter, she's doing Mach 12.
[01:36:05.880 --> 01:36:08.720]   >> Okay, okay.
[01:36:08.720 --> 01:36:15.240]   >> They could charge her with reckless endangerment or something like that,
[01:36:15.240 --> 01:36:18.880]   but they could not charge her with speeding because there is no such
[01:36:18.880 --> 01:36:20.160]   offense in Texas law.
[01:36:21.800 --> 01:36:27.400]   And even if they did try to charge her with speeding, despite it not existing,
[01:36:27.400 --> 01:36:31.640]   the other problem is that they cannot prove the elements they're required to prove.
[01:36:31.640 --> 01:36:33.280]   And they never do.
[01:36:33.280 --> 01:36:35.800]   They never even assert them in the complaint.
[01:36:35.800 --> 01:36:37.840]   For instance, have you read your criminal complaint?
[01:36:37.840 --> 01:36:42.480]   Or do you only have the citation?
[01:36:42.480 --> 01:36:46.280]   >> I only have the citation.
[01:36:46.280 --> 01:36:49.320]   >> Okay, they're required to file a criminal complaint.
[01:36:49.320 --> 01:36:51.200]   Do not let them tell you otherwise.
[01:36:52.280 --> 01:36:52.800]   >> Okay. >> Okay?
[01:36:52.800 --> 01:36:58.680]   But when you read the complaint, it will read pretty much exactly the same way
[01:36:58.680 --> 01:37:02.960]   the citation does because it will lack the following things.
[01:37:02.960 --> 01:37:08.120]   It will not make any assertion anywhere in either document that you
[01:37:08.120 --> 01:37:12.560]   failed to control your speed so as to have a collision with another person or
[01:37:12.560 --> 01:37:15.480]   vehicle already lawfully upon or entering the highway.
[01:37:15.480 --> 01:37:16.280]   Did that happen?
[01:37:16.280 --> 01:37:19.720]   >> No.
[01:37:19.720 --> 01:37:23.000]   >> Then they couldn't prove speeding even if it was an offense because that is
[01:37:23.000 --> 01:37:24.080]   a mandatory element.
[01:37:24.080 --> 01:37:29.120]   >> Okay, okay.
[01:37:29.120 --> 01:37:34.320]   >> Simply going faster than the posted speed limit would not be an offense
[01:37:34.320 --> 01:37:36.480]   even if there was such an offense.
[01:37:36.480 --> 01:37:39.160]   Texas law is very clear on that.
[01:37:39.160 --> 01:37:43.240]   But they simply misinterpreted and
[01:37:43.240 --> 01:37:48.160]   misapply it to steal money by defrauding people who don't know any better.
[01:37:49.280 --> 01:37:50.280]   >> Right, right.
[01:37:50.280 --> 01:37:52.720]   And so- >> Well,
[01:37:52.720 --> 01:37:54.280]   I'm one of the people that knows better.
[01:37:54.280 --> 01:37:59.320]   >> Right, yeah, and I'm trying to know better too.
[01:37:59.320 --> 01:38:01.720]   So I don't want to get taken advantage of or
[01:38:01.720 --> 01:38:03.840]   have my money stolen any more than anybody else.
[01:38:03.840 --> 01:38:09.680]   So I'm trying to get this down so that way when and
[01:38:09.680 --> 01:38:13.040]   if I do have to ever go to court and face these people, I know what to say and
[01:38:13.040 --> 01:38:14.120]   how to say it.
[01:38:14.120 --> 01:38:19.080]   And don't say the wrong things and get me into a situation that I can't get out of.
[01:38:19.080 --> 01:38:22.240]   If you will contact me at the same email address you use, but
[01:38:22.240 --> 01:38:26.800]   use one that I can reply back to with this document, I will send you this motion.
[01:38:26.800 --> 01:38:30.760]   And the first thing you need to do, everybody you're talking about needs to do,
[01:38:30.760 --> 01:38:34.680]   is y'all need to sit down and read and discuss this document together.
[01:38:34.680 --> 01:38:37.240]   Because the more you discuss it with somebody else that's going through
[01:38:37.240 --> 01:38:40.880]   the same thing, the more you're going to become in tune with what it says and
[01:38:40.880 --> 01:38:43.720]   what it means, and you're going to understand it better.
[01:38:43.720 --> 01:38:46.680]   Then when you go to court and they start trying to argue with you,
[01:38:46.680 --> 01:38:50.040]   you're already way over their head in what you know.
[01:38:50.040 --> 01:38:52.640]   Way over their head.
[01:38:52.640 --> 01:38:57.480]   You read this motion, you will know more than any judge, any prosecutor, and
[01:38:57.480 --> 01:39:01.560]   any defense attorney in this whole damn state about how to fight a speeding ticket.
[01:39:01.560 --> 01:39:06.160]   >> Wow, all right, well, I can't wait to get my hands on that then.
[01:39:06.160 --> 01:39:10.280]   >> And I have proven that more times than I care to count.
[01:39:10.280 --> 01:39:16.080]   >> Mm-hm, okay, well, this has been wonderful.
[01:39:16.080 --> 01:39:18.040]   You've answered my questions.
[01:39:18.040 --> 01:39:22.160]   As of right now, I can't think of any more, but I'm sure they'll come up and
[01:39:22.160 --> 01:39:29.720]   I'll reach out to you and get this over with so these people can be out of my life.
[01:39:29.720 --> 01:39:34.240]   >> Okay, well, if you have any more, like I say, give me an email I can reply back to
[01:39:34.240 --> 01:39:36.560]   and I'll be happy to answer them as best I can.
[01:39:36.560 --> 01:39:38.960]   I can't promise it'll always be immediate, but
[01:39:38.960 --> 01:39:41.720]   as soon as I can find it and see the email, I'll answer it.
[01:39:41.720 --> 01:39:44.280]   >> Yeah, I understand.
[01:39:44.280 --> 01:39:48.560]   No, I appreciate it because you responded very quickly to the one I sent, so
[01:39:48.560 --> 01:39:50.400]   I really appreciate that.
[01:39:50.400 --> 01:39:54.280]   And thank you for texting me and telling me to call in, it's been very helpful.
[01:39:54.280 --> 01:39:55.680]   >> Okay, well, glad I could help.
[01:39:55.680 --> 01:39:58.160]   >> All right, thanks, Eddie.
[01:39:58.160 --> 01:40:00.200]   >> Yes, ma'am, you have a great night.
[01:40:00.200 --> 01:40:01.200]   >> You too, bye.
[01:40:01.200 --> 01:40:01.700]   >> Bye-bye.
[01:40:01.700 --> 01:40:08.280]   All right, now that said, we have another caller up on the board, Ron in Oregon.
[01:40:08.280 --> 01:40:11.200]   Why do I have a feeling this isn't Ron?
[01:40:12.680 --> 01:40:15.160]   >> Well, can you hear me?
[01:40:15.160 --> 01:40:17.160]   >> I can hear you, and it's not Ron, is it?
[01:40:17.160 --> 01:40:18.760]   >> Well, it's Ron.
[01:40:18.760 --> 01:40:21.040]   And how did you know that?
[01:40:21.040 --> 01:40:25.480]   [LAUGH] I'd say because I've been on the board before, I guess.
[01:40:25.480 --> 01:40:29.000]   >> Not that I can tell.
[01:40:29.000 --> 01:40:32.240]   >> I've talked to both Randy and Brett in the past.
[01:40:32.240 --> 01:40:35.240]   And- >> Okay, well, then that may be why you're
[01:40:35.240 --> 01:40:36.440]   up there. >> I'm following here,
[01:40:36.440 --> 01:40:39.000]   because it looks like you might have a little space to fill in.
[01:40:39.000 --> 01:40:41.280]   And I've always got stuff going on here.
[01:40:41.280 --> 01:40:45.560]   So I wanted to dial in on one little issue that we have going on here.
[01:40:45.560 --> 01:40:49.600]   We've had some people trying to steal a piece of land of ours for ten years.
[01:40:49.600 --> 01:40:52.640]   And it's kind of gone into some weird things.
[01:40:52.640 --> 01:40:58.920]   They actually gave it to their son, this piece of land that our access goes through.
[01:40:58.920 --> 01:41:04.480]   And they started trying to interlope on our property and everything.
[01:41:04.480 --> 01:41:09.360]   So as part of this land use thing, I sent off an email detailing
[01:41:09.360 --> 01:41:13.040]   this old existing road which is on their deed.
[01:41:13.040 --> 01:41:16.960]   And it's all mapped out and pulled photographs and everything.
[01:41:16.960 --> 01:41:20.560]   And I've been around here my whole life, and I'm going on 74.
[01:41:20.560 --> 01:41:22.400]   So I know this stuff really well.
[01:41:22.400 --> 01:41:28.160]   And so nobody, I was basically showing them that, look, there's another road.
[01:41:28.160 --> 01:41:32.440]   You don't need to try and take over my road to do what you wanna do here.
[01:41:32.440 --> 01:41:37.800]   So five months later, and we would actually drive on part of this road
[01:41:37.800 --> 01:41:40.520]   in the winter and stuff, because it was a little easier.
[01:41:40.520 --> 01:41:45.520]   And it's mapped, it's on old air photos and everything.
[01:41:45.520 --> 01:41:49.720]   And by Oregon law, when a road is used for ten years,
[01:41:49.720 --> 01:41:53.800]   it's automatically a county road, county public road.
[01:41:53.800 --> 01:41:54.920]   So I wasn't even going for that.
[01:41:54.920 --> 01:41:56.760]   I was just saying, look, there's this road there.
[01:41:56.760 --> 01:41:57.520]   Leave me alone.
[01:41:57.520 --> 01:41:58.920]   Use this other road.
[01:41:58.920 --> 01:42:02.080]   So nobody ever said, don't use it.
[01:42:02.080 --> 01:42:04.200]   No, we disagree.
[01:42:04.200 --> 01:42:05.240]   Anything, they just left us.
[01:42:05.240 --> 01:42:07.080]   I said, okay, I'll just drive on a little bit here.
[01:42:07.080 --> 01:42:11.680]   So just to maintain use of it.
[01:42:11.680 --> 01:42:16.360]   So they set up a camera at some point, and
[01:42:16.360 --> 01:42:19.920]   the story's a lot more convoluted than this, but this is just this one issue.
[01:42:19.920 --> 01:42:24.200]   So then they get the sheriff to come in and
[01:42:24.200 --> 01:42:30.040]   give me a citation for misdemeanor trespass, like five months later.
[01:42:30.040 --> 01:42:36.280]   And so I look at this thing, and it's like one of those typical uniform citation
[01:42:36.280 --> 01:42:38.800]   things with all kinds of little words and stuff.
[01:42:38.800 --> 01:42:45.120]   And this guy cited a date that I supposedly was seen by somebody.
[01:42:45.120 --> 01:42:49.600]   And they give me this citation that says, must appear in court.
[01:42:49.600 --> 01:42:53.760]   And it also has a $1,000 fine thing on it.
[01:42:53.760 --> 01:42:57.400]   And so I've been through a couple of these things, and I went to court, and
[01:42:57.400 --> 01:42:58.320]   they never show up.
[01:42:58.320 --> 01:43:00.840]   The DA just declines to prosecute kind of thing.
[01:43:00.840 --> 01:43:05.920]   So anyway, on this one, I smelled a big fat rat going on,
[01:43:05.920 --> 01:43:08.600]   because there was obviously a lot of communication and
[01:43:08.600 --> 01:43:12.040]   correspondence between parties to make this thing happen.
[01:43:12.040 --> 01:43:14.160]   So I didn't appear, but
[01:43:14.160 --> 01:43:18.760]   I submitted almost 100 pages of documents of everything to do with this.
[01:43:18.760 --> 01:43:22.520]   And so then they had a party waiting for
[01:43:22.520 --> 01:43:26.040]   me at the court to appear for this arraignment deal.
[01:43:26.040 --> 01:43:29.960]   And they were planning to arrest me and
[01:43:29.960 --> 01:43:33.440]   everything on the spot in the court had I appeared, which I did not.
[01:43:33.440 --> 01:43:38.720]   [LAUGH] So now we have a bench warrant, and nobody's doing anything.
[01:43:38.720 --> 01:43:45.600]   And it's going on ten months later in this limbo, in this thing.
[01:43:45.600 --> 01:43:48.760]   So I hear your music coming there, so if you want-
[01:43:48.760 --> 01:43:49.800]   >> Yeah, hang on just a second,
[01:43:49.800 --> 01:43:52.640]   let me get this break out of the way, and we'll come right back and let you finish.
[01:43:52.640 --> 01:43:54.720]   >> Okay. >> All right, folks,
[01:43:54.720 --> 01:43:56.800]   we'll be right back for the last segment of the show.
[01:43:56.800 --> 01:43:57.480]   Y'all hang on.
[01:43:57.480 --> 01:44:00.600]   [MUSIC]
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[01:46:00.480 --> 01:46:10.480]   [MUSIC]
[01:46:24.560 --> 01:46:26.440]   >> All right, folks, we are back.
[01:46:26.440 --> 01:46:28.000]   This is Rule of Law Radio.
[01:46:28.000 --> 01:46:31.320]   I am now in the last segment of tonight's show, and
[01:46:31.320 --> 01:46:34.440]   I am still talking with Ron in Oregon.
[01:46:34.440 --> 01:46:35.880]   All right, Ron, please continue.
[01:46:35.880 --> 01:46:42.800]   >> Okay, so at this point, I guess I'm looking at what advice you might have.
[01:46:42.800 --> 01:46:47.160]   We've been sitting here, I'm basically been under house arrest for
[01:46:47.160 --> 01:46:52.560]   ten months, thinking that anytime I go out there, somebody might pounce on me and
[01:46:52.560 --> 01:46:56.080]   haul me in to do whatever they wanna do for failure to appear and everything.
[01:46:56.080 --> 01:47:01.680]   But this whole citation thing is basically flawed from the beginning.
[01:47:01.680 --> 01:47:06.520]   And also through some other court documents, evidence from this other side.
[01:47:06.520 --> 01:47:12.920]   This email surfaced that clearly shows that this sheriff deputy who
[01:47:12.920 --> 01:47:18.400]   brought me this citation was engaged in a conspiratorial
[01:47:18.400 --> 01:47:24.400]   plot to set this thing up and pursue this citation for trespassing.
[01:47:24.400 --> 01:47:29.440]   Now, the Oregon law on land for there to be trespassed,
[01:47:29.440 --> 01:47:33.440]   either has to be criminal intent for any kind of a criminal charge.
[01:47:33.440 --> 01:47:38.080]   But also it has to be posted, no trespassing, there's no posting,
[01:47:38.080 --> 01:47:38.720]   no anything.
[01:47:38.720 --> 01:47:43.600]   Plus five months earlier, I had made it clear to them that there was an old road
[01:47:44.640 --> 01:47:49.040]   there that actually came through this piece of property to our piece of property.
[01:47:49.040 --> 01:47:52.720]   And thinking that, okay, they'll see this, this is obvious, they know it's there.
[01:47:52.720 --> 01:47:56.600]   Maybe we can negotiate a little something because I would be willing to vacate
[01:47:56.600 --> 01:48:00.800]   that road for them to just leave my main road alone.
[01:48:00.800 --> 01:48:05.960]   Kind of thing, which is a DVD, but I like a whole different topic.
[01:48:05.960 --> 01:48:11.560]   But so I'm just interested in how best to deal with this warrant thing and
[01:48:11.560 --> 01:48:15.000]   this totally bogus citation that the more I've learned and
[01:48:15.000 --> 01:48:19.400]   looked at it, that this sheriff really had no business writing up and
[01:48:19.400 --> 01:48:21.040]   nobody saw anything.
[01:48:21.040 --> 01:48:21.960]   He certainly didn't.
[01:48:21.960 --> 01:48:25.880]   He wrote it up a week after it allegedly occurred.
[01:48:25.880 --> 01:48:28.760]   He didn't claim anything about seeing anything, but
[01:48:28.760 --> 01:48:30.960]   he somehow got this into the DA's office.
[01:48:30.960 --> 01:48:34.480]   And I don't know if a judge might have been involved in it to get to the point
[01:48:34.480 --> 01:48:39.720]   where he would bring it out and hand it to me and I guess basically call it a summons.
[01:48:41.480 --> 01:48:45.160]   So that's where I'm at with this particular thing and
[01:48:45.160 --> 01:48:47.040]   wondering what your thoughts are about that.
[01:48:47.040 --> 01:48:49.960]   I love the whole jurisdiction thing because I don't think they have either
[01:48:49.960 --> 01:48:52.560]   subject matter or personal jurisdiction.
[01:48:52.560 --> 01:48:54.680]   >> Probably, but here's something else.
[01:48:54.680 --> 01:48:59.480]   In order for him to have come to you, someone would have had to shown him
[01:48:59.480 --> 01:49:02.720]   something that had information about you on it.
[01:49:02.720 --> 01:49:05.840]   Let's assume for a second it's that camera you're talking about.
[01:49:05.840 --> 01:49:08.680]   >> Absolutely, yeah.
[01:49:08.680 --> 01:49:12.160]   >> So whatever picture was taken was given to the sheriff,
[01:49:12.160 --> 01:49:15.960]   which the sheriff then used to track you down via the picture it took,
[01:49:15.960 --> 01:49:20.080]   which I must presume has a license plate picture in it.
[01:49:20.080 --> 01:49:23.000]   >> You're right, yeah.
[01:49:23.000 --> 01:49:24.960]   >> Now here's the thing.
[01:49:24.960 --> 01:49:27.800]   Who verified the source of that picture?
[01:49:27.800 --> 01:49:35.320]   Where is the investigative documents that says where he got that information from?
[01:49:36.680 --> 01:49:42.480]   And how can he prove where that picture was actually taken?
[01:49:42.480 --> 01:49:45.600]   Because there's only two ways that could be done.
[01:49:45.600 --> 01:49:49.920]   Either someone told him verbally, this is our camera, we took this picture and
[01:49:49.920 --> 01:49:54.040]   here it is to you, which he has absolutely no way to substantiate,
[01:49:54.040 --> 01:49:56.960]   absent something signed and sworn by them that it's true.
[01:49:56.960 --> 01:50:05.800]   Or they actually trespassed on your property to take him to that camera.
[01:50:07.680 --> 01:50:12.720]   To let him see for himself, this is where the camera that took this picture is,
[01:50:12.720 --> 01:50:17.720]   which they still don't have a way of actually proving unless they do something
[01:50:17.720 --> 01:50:22.800]   with the metadata in the picture should the camera have actually saved it.
[01:50:22.800 --> 01:50:27.920]   That matches that picture back to that camera at that location.
[01:50:27.920 --> 01:50:30.280]   >> Right. >> See what I'm saying?
[01:50:30.280 --> 01:50:33.240]   >> And even if they're able to do that,
[01:50:33.240 --> 01:50:39.480]   all they could do is prove that I was in fact on an old road.
[01:50:39.480 --> 01:50:43.240]   But- >> No, that's exactly what it would
[01:50:43.240 --> 01:50:47.440]   prove that you were only on an old road that you had every right to use.
[01:50:47.440 --> 01:50:51.760]   Because it's a county road and they can't trespass you from a county road.
[01:50:51.760 --> 01:50:53.500]   >> Right.
[01:50:53.500 --> 01:50:58.400]   So it's all intimidation, harassment and everything.
[01:50:58.400 --> 01:51:02.320]   The same sheriff- >> Well, look at it this way.
[01:51:02.320 --> 01:51:06.680]   They have now done something in your favor, okay?
[01:51:06.680 --> 01:51:11.040]   Had you actually shown up and had they arrested you,
[01:51:11.040 --> 01:51:13.400]   you would have had an even bigger payday coming.
[01:51:13.400 --> 01:51:17.760]   But as of right now, if they pursue this,
[01:51:17.760 --> 01:51:20.280]   you've got malicious prosecution in the bag.
[01:51:20.280 --> 01:51:23.000]   >> Yeah.
[01:51:23.000 --> 01:51:27.280]   >> Okay, if they arrest you, you've also got either false imprisonment or
[01:51:27.280 --> 01:51:29.240]   false arrest, whatever it is in Oregon.
[01:51:30.400 --> 01:51:36.520]   If they incarcerate you, then you've got most definitely false imprisonment and
[01:51:36.520 --> 01:51:38.600]   violations of multiple other rights.
[01:51:38.600 --> 01:51:40.760]   >> Yeah, yeah.
[01:51:40.760 --> 01:51:41.520]   >> Okay.
[01:51:41.520 --> 01:51:45.880]   >> And they've been delivered my version of the Trezevant versus
[01:51:45.880 --> 01:51:48.000]   city of Tampa fee schedule.
[01:51:48.000 --> 01:51:52.120]   [LAUGH] >> Well, I hope you updated it for
[01:51:52.120 --> 01:51:52.760]   inflation.
[01:51:52.760 --> 01:51:58.640]   Because the last time I checked Trezevant as of 2020,
[01:51:58.640 --> 01:52:03.920]   the value of Trezevant is 178% higher than it was in 1990,
[01:52:03.920 --> 01:52:06.120]   whatever it was when they said it.
[01:52:06.120 --> 01:52:08.320]   >> Yeah.
[01:52:08.320 --> 01:52:13.040]   >> So that $25,000 for
[01:52:13.040 --> 01:52:18.120]   23 minutes is 173% more than that now.
[01:52:18.120 --> 01:52:21.720]   >> Yeah, so what would be- >> And
[01:52:21.720 --> 01:52:24.160]   that was before Biden printed all that damn money.
[01:52:24.160 --> 01:52:26.480]   It's even higher than that now.
[01:52:26.480 --> 01:52:27.160]   >> Yeah, yeah.
[01:52:27.160 --> 01:52:30.040]   [LAUGH] >> Could double that.
[01:52:30.040 --> 01:52:32.880]   So what would my next step be to address this?
[01:52:32.880 --> 01:52:39.320]   Just point those things out to them, their mistakes and file-
[01:52:39.320 --> 01:52:41.160]   >> Well, you need to file a motion to
[01:52:41.160 --> 01:52:46.560]   dismiss for failure to state a claim upon which relief can be granted.
[01:52:46.560 --> 01:52:52.040]   And no issue before the court because the evidence countermands
[01:52:52.040 --> 01:52:53.680]   the allegation on its face.
[01:52:53.680 --> 01:52:56.800]   >> Yeah, yeah.
[01:52:57.880 --> 01:53:00.040]   Well, that's exactly what I was looking for, Eddie.
[01:53:00.040 --> 01:53:02.000]   >> But now here's the problem.
[01:53:02.000 --> 01:53:06.360]   You were only assuming they used the picture from that camera.
[01:53:06.360 --> 01:53:07.240]   >> Right.
[01:53:07.240 --> 01:53:09.960]   >> Okay, because that's all we've got to go on.
[01:53:09.960 --> 01:53:13.000]   But let's just assume the sheriff, they just told him and
[01:53:13.000 --> 01:53:15.680]   the sheriff agreed, said, okay, I'll do it.
[01:53:15.680 --> 01:53:20.240]   That's a whole nother ball of wax that puts them in even worse, deeper water.
[01:53:20.240 --> 01:53:22.480]   >> Yeah, yep.
[01:53:22.480 --> 01:53:27.720]   Well, with this email that came out of their attorney on this civil stuff,
[01:53:27.720 --> 01:53:32.640]   the party complained to the sheriff, actually said in the email,
[01:53:32.640 --> 01:53:36.240]   did you cite Mrs. Thompson too because she was in the car with him?
[01:53:36.240 --> 01:53:42.760]   So they had some pretty bad intentions there when they had five months to say,
[01:53:42.760 --> 01:53:45.960]   hey, that's not really a road, and we don't want you to drive on it or
[01:53:45.960 --> 01:53:46.560]   anything like that.
[01:53:46.560 --> 01:53:50.280]   It was like, instead they just set up cameras and laid in wait.
[01:53:50.280 --> 01:53:55.040]   And but I'm thinking that the people thinking that they were doing
[01:53:55.040 --> 01:53:59.120]   the trapping may have got trapped themselves.
[01:53:59.120 --> 01:54:01.960]   >> Yeah, they may not be thinking about that from that perspective.
[01:54:01.960 --> 01:54:05.560]   But the problem is, is you've got to get your hands on that photo.
[01:54:05.560 --> 01:54:10.200]   So if the claim is they used that camera to take a photo that they then gave
[01:54:10.200 --> 01:54:12.640]   to the sheriff to make the complaint,
[01:54:12.640 --> 01:54:16.960]   then you have a right to that photo through discovery.
[01:54:18.320 --> 01:54:22.240]   >> Yeah, well, see, we haven't been to court yet because I didn't-
[01:54:22.240 --> 01:54:25.360]   >> You don't have to go to court to get discovery, file a motion for
[01:54:25.360 --> 01:54:28.120]   discovery asking for all the evidence relative to the case.
[01:54:28.120 --> 01:54:29.840]   They're asking you to appear in court for.
[01:54:29.840 --> 01:54:33.040]   >> Yeah, we've asked for it, but we haven't filed a motion.
[01:54:33.040 --> 01:54:34.440]   So that would be the thing.
[01:54:34.440 --> 01:54:36.600]   >> Well, that's what you gotta do.
[01:54:36.600 --> 01:54:38.760]   You have to file a discovery motion.
[01:54:38.760 --> 01:54:43.680]   >> Yep, I understand that because we're doing that in the civil stuff.
[01:54:43.680 --> 01:54:47.600]   >> Yeah. >> So, okay, thank you so much, Eddie.
[01:54:47.600 --> 01:54:50.480]   Those were the perfect answers and I understand them.
[01:54:50.480 --> 01:54:51.880]   [LAUGH] >> Okay.
[01:54:51.880 --> 01:54:54.120]   >> Which I may not have done a year ago.
[01:54:54.120 --> 01:54:56.200]   >> Well, good luck with it and hang in there.
[01:54:56.200 --> 01:54:59.440]   >> Okay, thanks a lot, Eddie.
[01:54:59.440 --> 01:55:01.320]   We love listening to you guys there.
[01:55:01.320 --> 01:55:02.360]   >> Well, thank you, appreciate it.
[01:55:02.360 --> 01:55:04.520]   >> Okay.
[01:55:04.520 --> 01:55:05.880]   >> All right, you have a great night, Ron.
[01:55:05.880 --> 01:55:07.720]   >> Bye bye.
[01:55:07.720 --> 01:55:08.220]   >> Bye bye.
[01:55:08.220 --> 01:55:15.240]   All right, I got just over three minutes and that would be Rader.
[01:55:15.240 --> 01:55:17.280]   Rader, you got less than three minutes.
[01:55:17.280 --> 01:55:21.320]   >> All right, Truth Raider here.
[01:55:21.320 --> 01:55:25.200]   Yeah, the other guy, that's the first caller I've heard calling from Oregon in,
[01:55:25.200 --> 01:55:27.200]   I have to say, more than five years.
[01:55:27.200 --> 01:55:29.160]   So that's amazing.
[01:55:29.160 --> 01:55:34.560]   So anyway, real quick, I'll just roll a couple items and
[01:55:34.560 --> 01:55:38.680]   then I'll ask you a question since we have to give it the interest of time here.
[01:55:38.680 --> 01:55:43.280]   There are two people that were doing what I'm doing, except they were doing it
[01:55:43.280 --> 01:55:46.760]   the wrong way and they were doing it years before I did.
[01:55:46.760 --> 01:55:51.320]   And I think it was about five or six years ago, this guy was impatient,
[01:55:51.320 --> 01:55:53.120]   apparently, and he played the game of chicken.
[01:55:53.120 --> 01:55:57.280]   He went around something, a diesel truck or something, and
[01:55:57.280 --> 01:55:58.920]   it went head on into another car.
[01:55:58.920 --> 01:56:06.440]   And it's literally injuring the motorist and killing her guest.
[01:56:06.440 --> 01:56:09.320]   So he's now in an Oregon State Penitentiary.
[01:56:09.320 --> 01:56:12.720]   He's not due for release until January 25.
[01:56:12.720 --> 01:56:16.680]   So what's going on is I think that's my problem.
[01:56:16.680 --> 01:56:20.120]   And it was around that time, as you remember, years ago.
[01:56:20.120 --> 01:56:22.960]   >> You think your problem is that somebody else killed somebody?
[01:56:22.960 --> 01:56:26.480]   >> They did the same thing that I'm doing, so
[01:56:26.480 --> 01:56:28.840]   they think that I'm more likely to do the same thing.
[01:56:28.840 --> 01:56:31.600]   >> What are you talking about the same thing that you're doing?
[01:56:31.600 --> 01:56:33.520]   What are we talking about when you say that?
[01:56:33.520 --> 01:56:38.680]   >> [LAUGH] I think that I'm gonna be careless and run into somebody.
[01:56:39.960 --> 01:56:42.920]   And I don't have a license, registration, or insurance.
[01:56:42.920 --> 01:56:47.160]   >> Is there something that would prevent a person that has all those things from
[01:56:47.160 --> 01:56:48.480]   doing the same stupid thing?
[01:56:48.480 --> 01:56:54.120]   >> It's possible, because after that happened,
[01:56:54.120 --> 01:56:57.600]   they started stopping me all over the place and started pounding my truck and
[01:56:57.600 --> 01:56:58.440]   all that.
[01:56:58.440 --> 01:57:01.400]   >> Again, that is not an answer to my question.
[01:57:01.400 --> 01:57:08.720]   Can someone who has all those things still do the same
[01:57:08.720 --> 01:57:12.880]   stupid thing the other guy that you're talking about did?
[01:57:12.880 --> 01:57:14.240]   >> Yeah.
[01:57:14.240 --> 01:57:16.600]   >> And don't they do it all the time already?
[01:57:16.600 --> 01:57:19.160]   >> Yeah, yeah, I know that.
[01:57:19.160 --> 01:57:23.160]   >> Well, then that's not a proper basis to make an argument on for them or you.
[01:57:23.160 --> 01:57:26.560]   >> Yeah, after that occurred, though,
[01:57:26.560 --> 01:57:31.040]   I noticed I got stopped all the time after that, after it occurred.
[01:57:31.040 --> 01:57:32.760]   They let me alone for, as I said, nearly a year, and
[01:57:32.760 --> 01:57:34.480]   then after that they started stopping me.
[01:57:34.480 --> 01:57:40.440]   So good news, the last five times in the past year, I've passed by the word,
[01:57:40.440 --> 01:57:41.840]   they could have stopped me.
[01:57:41.840 --> 01:57:45.240]   There was one where there was the sheriff's deputy behind me, and
[01:57:45.240 --> 01:57:49.040]   all five times they refused to bother to stop me.
[01:57:49.040 --> 01:57:51.600]   They're leaving me alone.
[01:57:51.600 --> 01:57:53.720]   >> Well, that's what you were hoping for.
[01:57:53.720 --> 01:57:55.960]   >> Absolutely.
[01:57:55.960 --> 01:57:57.440]   Anyway, last question.
[01:57:57.440 --> 01:58:01.440]   If you had to do this all over again, Eddie, would you do this all over again,
[01:58:01.440 --> 01:58:03.280]   if you can go back 25 years?
[01:58:03.280 --> 01:58:07.280]   >> If I knew what I knew sooner than I know it now, not only would I have done
[01:58:07.280 --> 01:58:11.520]   it again, I would have done it a lot harder, a lot faster, and a lot more viciously.
[01:58:11.520 --> 01:58:13.360]   [MUSIC]
[01:58:13.360 --> 01:58:14.520]   >> Amen.
[01:58:14.520 --> 01:58:17.440]   All right, brother, good night, and God bless.
[01:58:17.440 --> 01:58:18.240]   >> Yes, sir, you too.
[01:58:18.240 --> 01:58:18.920]   >> Thank you.
[01:58:18.920 --> 01:58:20.680]   >> All right, wireless caller, I'm sorry,
[01:58:20.680 --> 01:58:22.520]   I don't have enough time to get to you tonight.
[01:58:22.520 --> 01:58:23.400]   I apologize.
[01:58:23.400 --> 01:58:30.000]   If it's important, please send me an email to [email protected],
[01:58:30.000 --> 01:58:32.640]   and I will try to get back to you as quickly as I can.
[01:58:33.520 --> 01:58:36.000]   Area code 775, it looks like.
[01:58:36.000 --> 01:58:38.880]   All right, folks, thanks for calling, thanks for listening.
[01:58:38.880 --> 01:58:42.600]   Please keep us in your financial well-being here whenever you can.
[01:58:42.600 --> 01:58:47.240]   Donate, whether it be to individually or to the network, we need you to survive.
[01:58:47.240 --> 01:58:50.360]   Y'all take care, have a great week, good night, and God bless.
[01:58:50.360 --> 01:58:53.840]   >> Bibles for America is offering absolutely free
[01:58:53.840 --> 01:58:57.920]   a unique study Bible called the New Testament Recovery Version.
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[01:59:02.480 --> 01:59:08.440]   the Bible says verse by verse, helping you to know God and to know the meaning of life.
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[01:59:49.680 --> 01:59:51.440]   [MUSIC]
[01:59:51.440 --> 01:59:53.080]   >> Looking for some truth?
[01:59:53.080 --> 01:59:56.480]   You found it, LogosRadioNetwork.com.
[01:59:56.480 --> 01:59:59.720]   [MUSIC]