[00:00.000 --> 00:05.680]  This news brief brought to you by the International News Net.
[00:05.680 --> 00:11.160]  In Pakistan, a backlash against Taliban militants has spurred an offensive by the military.
[00:11.160 --> 00:17.160]  On Thursday, the Tariq-e-Taliban Pakistan was reported to have established control over
[00:17.160 --> 00:21.680]  the Bunaid district, 65 miles from the capital Islamabad.
[00:21.680 --> 00:27.120]  A Lebanese prosecutor has charged a former general and three other people with spying
[00:27.120 --> 00:33.680]  for Israel. Former Brigadier General Adib Al-Alam is accused of sending classified information
[00:33.680 --> 00:39.160]  to the Israeli spy agency Mossad. General Al-Alam and his co-accused could face death
[00:39.160 --> 00:40.720]  if found guilty.
[00:40.720 --> 00:46.600]  Frank DiPascali, chief deputy of convicted felon Bernie Madoff, is trying to negotiate
[00:46.600 --> 00:52.680]  a plea deal with federal prosecutors. In exchange for a reduced sentence, he would divulge his
[00:52.680 --> 00:58.800]  encyclopedic knowledge of Madoff's Ponzi scheme. Unlike his boss, DiPascali is willing
[00:58.800 --> 01:05.960]  to name names.
[01:05.960 --> 01:10.560]  Russian General Nikolai Makarov said Thursday Russia was preparing to slash its nuclear
[01:10.560 --> 01:16.480]  arsenal significantly in the event a deal was reached between Russia and the U.S. Earlier
[01:16.480 --> 01:22.280]  this month, Barack Obama and Russian President Dmitry Medvedov said they were seeking a significant
[01:22.280 --> 01:27.520]  new arms reduction treaty. General Makarov said Russia might ultimately cut its nuclear
[01:27.520 --> 01:33.600]  arsenal to levels lower than stipulated by the Moscow Treaty. The Moscow, or Strategic
[01:33.600 --> 01:38.840]  Offensive Reductions Treaty, sought to bring the level of operational warheads to between
[01:38.840 --> 01:45.920]  17 and 22 hundred each. Though the treaty went into force in 2003, neither side has
[01:45.920 --> 01:51.080]  fully implemented the reductions. Makarov said important calculations still need to
[01:51.080 --> 01:57.080]  be made and that it was important to ensure that Washington was willing to reciprocate.
[01:57.080 --> 02:02.360]  Obama has advocated ratification of the Comprehensive Nuclear Test Ban Treaty and has spoken in
[02:02.360 --> 02:08.960]  favor of massive cuts to the U.S. arsenal. As fresh U.S. troop reinforcements prepared
[02:08.960 --> 02:14.840]  to deploy to Afghanistan, veterans of the war Thursday warned the conflict cannot be
[02:14.840 --> 02:21.080]  solved by military means alone. Retired U.S. Marine Corporal Rick Rays told the Senate Foreign
[02:21.080 --> 02:25.760]  Affairs Committee, quote, �By the time I left Afghanistan, I felt that the U.S. being
[02:25.760 --> 02:32.560]  there was a big mistake.� Vietnam war veteran and committee chairman Sen. John Kerry admitted
[02:32.560 --> 02:39.280]  there were parallels between the wars in Afghanistan and Vietnam. Kerry said, quote, �Once again,
[02:39.280 --> 02:44.560]  we are fighting an insurgency in a rural country with a weak central government,� adding,
[02:44.560 --> 02:50.400]  �We ignore these similarities at our peril.� U.S. veterans urged against a rapid withdrawal
[02:50.400 --> 02:56.320]  of troops to avoid a repeat of the vacuum left in the aftermath of the Soviet occupation
[02:56.320 --> 03:21.720]  in the 1980s.
[03:21.720 --> 03:45.280]  Here at land use, according to Department of Defense andоздates from the U.S. Defense
[03:45.280 --> 03:48.280]  Whatcha gonna do? Whatcha gonna do when they come for you?
[03:48.280 --> 03:54.280]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[03:54.280 --> 03:59.280]  When you were eight and you had bad traits You'd go to school and learn the golden rules
[03:59.280 --> 04:05.280]  So why are you acting like a bloody fool If you get hot in your master crew?
[04:05.280 --> 04:10.280]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:10.280 --> 04:16.280]  Bad boys, bad boys, whatcha gonna do? Whatcha gonna do when they come for you?
[04:16.280 --> 04:41.280]  This is The Rule of Law, Randy Kelton and Deborah Stevens here on Rule of Law Radio, ruleoflawradio.com. We have a very special guest tonight, Eddie Craig, Mr. Eddie Craig from Nacogdoches doing traffic, doing traffic and nothing else tonight. We're gonna walk through the code.
[04:41.280 --> 04:55.280]  And before we start on that, I just do have a special announcement to make. Don't forget, this Monday, this coming Monday, HB 4653 here at the House.
[04:55.280 --> 05:15.280]  Subcommittee hearing, public hearing, this is the bill that if you're gonna show up or testify or submit a written testimony for any bill, this is the one that would require hand counted paper ballots across the entire state of Texas.
[05:15.280 --> 05:41.280]  All right, so this is it, people. You can write your written testimony. You can email it to Karen Rennick. Go to voterescue.org, V-O-T-E-R-E-S-C-U-E, voterescue.org, and make sure that you put on your testimony that you authorized Karen Rennick and Vicki Karp to submit your testimony.
[05:41.280 --> 05:59.280]  So if you live in other parts of the state and you can't make it here, or if you live here in Austin and you can't make it right, you've got all weekend long to do your homework, write up your testimony of how you feel that we have to have hand counted paper ballots because the machines are corrupt and there's no public oversight of the counting.
[05:59.280 --> 06:07.280]  The counting is always done in private and all, you know, the whole thing. You can go to voterescue.org to find out more.
[06:07.280 --> 06:27.280]  This bill is sponsored by Donna Howard, so we want to give a big round of applause and thanks to Donna Howard for sponsoring this bill, House Bill 4653. Vicki and Karen submitted this bill last year and it didn't even get up for committee hearings, so we made it this year to committee hearings.
[06:27.280 --> 06:40.280]  Please, people, if you want to have real elections in the state of Texas, you need to write a testimony and email it to theladies at voterescue.org and make sure you put on your testimony that you authorized them to submit your testimony.
[06:40.280 --> 06:51.280]  It will become part of the public record. If you can, also please go to the Capitol and testify in person. The hearing is at 2 p.m.
[06:51.280 --> 06:55.280]  That's this Monday, House Bill 4653.
[06:55.280 --> 07:00.280]  Okay. Without any further ado, Eddie, thank you for joining the program tonight.
[07:00.280 --> 07:02.280]  Yes, ma'am. Thank you all for having me again.
[07:02.280 --> 07:04.280]  All right. And Eddie's going to walk through the traffic code.
[07:04.280 --> 07:12.280]  Before we start, I just have one question. What does a do mean?
[07:12.280 --> 07:14.280]  What does a do?
[07:14.280 --> 07:18.280]  A do. Never mind. Let's just go ahead.
[07:18.280 --> 07:22.280]  It really just depends on who you're asking it from, you know.
[07:22.280 --> 07:24.280]  Okay.
[07:24.280 --> 07:25.280]  All right.
[07:25.280 --> 07:33.280]  Tonight, what I'd like to do is just go through and go from the beginning on explaining what we need to understand about the statutes in general.
[07:33.280 --> 07:49.280]  Go through our terminology again and then start going through the sections that are usually the points that have to be addressed in court, which is no driver's license, no registration, expired registration, or speeding ticket or something like that.
[07:49.280 --> 07:56.280]  And I'd like to, you know, just go through and cover all that for folks if this is the first time they are hearing it.
[07:56.280 --> 08:06.280]  And if you've heard it before, hopefully I'll have it a little more linearly organized for you tonight so that you'll be able to follow it a little more closely and easily.
[08:06.280 --> 08:10.280]  So without further ado, the first thing I want to talk about is terminology.
[08:10.280 --> 08:18.280]  Rule one is never assume you know the meaning of the words or phrases that are used in statutory construction.
[08:18.280 --> 08:24.280]  You always need to look for a definition of a word or phrase no matter how familiar it looks to you.
[08:24.280 --> 08:26.280]  Don't assume you know the meaning.
[08:26.280 --> 08:40.280]  As Randy showed one of the attorneys he spoke to in a case he was talking about here recently on failure to yield right away when he told him to look it up and see what it says, it actually stated, you know, that it was only applied when exiting an alley.
[08:40.280 --> 08:45.280]  You actually thought you knew what it meant when it meant something entirely different.
[08:45.280 --> 08:56.280]  Another rule to remember is that if the law supplies a definition for a word or phrase, then you can be certain it is being used in a manner other than is the common usage.
[08:56.280 --> 09:13.280]  And the third rule that goes with both of those together, when the statutes refer to a word or phrase as having a common usage, they are almost always meaning usage in law, not usage by the layperson or common everyday English usage.
[09:13.280 --> 09:19.280]  If this was not the case, then there would be no need for law dictionaries.
[09:19.280 --> 09:28.280]  Now the first thing I'd like to go over is some of the terms that we hear the most as used in statute and as applied against most of us when we have to make a court appearance.
[09:28.280 --> 09:31.280]  The first one we're going to look at is the term driver.
[09:31.280 --> 09:41.280]  What I'm going to do differently tonight is I am going to show you how, statutorily speaking, the definition of a word is changed over the course of time.
[09:41.280 --> 09:48.280]  This first definition of driver is from Bouvier's 1856 version of the dictionary for law.
[09:48.280 --> 09:56.280]  One employed in conducting a coach, carriage, wagon, or other vehicle with horses, mules, or other animals.
[09:56.280 --> 10:05.280]  Frequent accidents occur in consequences of the neglect or want of skill of drivers of public states coaches for which the employers are responsible.
[10:05.280 --> 10:14.280]  And it goes on to talk about how the law requires that a driver should possess reasonable skill and be of good habits for the journey and so on and so forth.
[10:14.280 --> 10:16.280]  Now that's in 1856.
[10:16.280 --> 10:24.280]  Let's come up to Black's law, third edition, which is probably sometime around the 1930s, 1940s.
[10:24.280 --> 10:39.280]  One employed in conducting or operating a coach, carriage, wagon, or other vehicle with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car.
[10:39.280 --> 10:42.280]  Now that's the definition of driver from Black's third.
[10:42.280 --> 10:56.280]  Black's fourth, one employed in conducting or operating a coach, carriage, wagon, or other vehicle with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street railroad car.
[10:56.280 --> 11:02.280]  A person actually doing driving whether employed by owner to drive or driving his own vehicle.
[11:02.280 --> 11:10.280]  Black's sixth, a person actually doing driving whether employed by owner to drive or driving his own vehicle.
[11:10.280 --> 11:17.280]  As you can see, they tend to get either shorter, longer, or completely altered from their original inception.
[11:17.280 --> 11:20.280]  Now let's look at the term passenger.
[11:20.280 --> 11:38.280]  In Black's third, a person whom a common carrier has contracted to carry from one place to another and has in the course of the performance of that contract received under his care either upon the means of conveyance or at the point of departure of that means of conveyance.
[11:38.280 --> 11:41.280]  The above definition is not exhaustive.
[11:41.280 --> 11:48.280]  For one who goes to a railroad station to take the next train in a reasonable time before the time for the arrival of the train is a passenger.
[11:48.280 --> 11:53.280]  Black's sixth for the term passenger.
[11:53.280 --> 11:59.280]  In general, a person who gives compensation to another for transportation.
[11:59.280 --> 12:08.280]  The word passenger has, however, various meanings depending upon the circumstances under which and in the context in which the word is used.
[12:08.280 --> 12:16.280]  Sometimes it is construed in a restricted legal sense as referring to one who is being carried by another for hire or other occasions.
[12:16.280 --> 12:22.280]  The word is interpreted as meaning any occupant of a vehicle other than the person operating it.
[12:22.280 --> 12:30.280]  Now notice where it refers to in the law. It is construed in a restricted legal sense.
[12:30.280 --> 12:36.280]  It's referring to the term person as one who is being carried by another for hire.
[12:36.280 --> 12:39.280]  Again, we're dealing with commerce.
[12:39.280 --> 12:54.280]  A person whom a common carrier has contracted to carry from one place to another and has in the course of the performance of that contract received under his care either upon means of conveyance or at the point of departure of that means of conveyance.
[12:54.280 --> 12:57.280]  Now let's look at the term traffic.
[12:57.280 --> 13:09.280]  In traffic for Bouvet's 1856, traffic means commerce, trade, sale or exchange of merchandise, bills, money and the like.
[13:09.280 --> 13:17.280]  Traffic in Black's third, commerce, trade, sale or exchange of merchandise, bills, money and the like.
[13:17.280 --> 13:23.280]  The passing of goods or commodities from one person to another for an equivalent in goods or money.
[13:23.280 --> 13:28.280]  Traffic includes the ordinary uses of the streets and highways by travelers.
[13:28.280 --> 13:32.280]  This is a citing on that definition of the third from case law.
[13:32.280 --> 13:41.280]  In Black's fourth, the word traffic, commerce, trade, sale or exchange of merchandise, bills, money and the like.
[13:41.280 --> 13:47.280]  The passing of goods or commodities from one person to another for an equivalent in goods or money.
[13:47.280 --> 13:53.280]  The subjects of transportation on a route as persons or goods.
[13:53.280 --> 14:02.280]  The passing to and fro of persons, animals, vehicles or vessels along a route of transportation as along a street, canal, etc.
[14:02.280 --> 14:18.280]  Black's sixth edition, traffic means commerce, trade, sale or exchange of merchandise, bills, money and the like.
[14:18.280 --> 14:22.280]  The subjects of transportation on a route as persons or goods.
[14:22.280 --> 14:32.280]  The passing to and fro of persons, animals, vegetables or vessels along a route of transportation as along a street, highway, etc.
[14:32.280 --> 14:36.280]  Notice over time, words are added, words are taken away.
[14:36.280 --> 14:44.280]  The definition will get longer, it will get shorter, but the gist of it so far has remained the same.
[14:44.280 --> 14:47.280]  The flavor is always commerce.
[14:47.280 --> 14:49.280]  Now let's look at the term transportation.
[14:49.280 --> 14:54.280]  Now let's see how we used it back in, say, 1960 in Websters.
[14:54.280 --> 15:03.280]  Transportation, the number one definition for transportation is the act or business of moving passengers and goods.
[15:03.280 --> 15:05.280]  This is out of Websters.
[15:05.280 --> 15:14.280]  The number two definition, the means of conveyance used and the number three, banishment, especially of convicts to a penal colony.
[15:14.280 --> 15:18.280]  Boy, can I think of some folks that could use that one.
[15:18.280 --> 15:23.280]  Transportation under Bouviers, 1856, punishment.
[15:23.280 --> 15:27.280]  In the English law, this punishment is inflicted by virtue of sundry statues.
[15:27.280 --> 15:29.280]  It was unknown to the common law.
[15:29.280 --> 15:35.280]  So in 1856, transportation meant strictly punishment.
[15:35.280 --> 15:45.280]  Now in Blacks III, which again sometime in the 30s or 40s, the removal of goods or persons from one place to another by a carrier.
[15:45.280 --> 15:54.280]  Under Interstate Commerce Act, transportation includes the entire body of services rendered by a carrier in connection with the receipt,
[15:54.280 --> 16:00.280]  handling, and delivery of property transported and includes the furnishing of cars.
[16:00.280 --> 16:06.280]  In a general sense, transportation means merely conveyance from one place to another.
[16:06.280 --> 16:13.280]  In criminal law, a species of punishment consisting in removing the criminal from his own country to another.
[16:13.280 --> 16:21.280]  Transportation in Blacks IV, the removal of goods or persons from one place to another by a carrier.
[16:21.280 --> 16:29.280]  Transportation in Blacks VI, the movement of goods or persons from one place to another by a carrier.
[16:29.280 --> 16:36.280]  Notice that it's gone from being a term of punishment up to being a term of strictly commerce.
[16:36.280 --> 16:43.280]  Excellent. And we'll get back to that in a moment. We're about to go to break.
[16:43.280 --> 16:49.280]  This is Deborah Stevens, Randy Kelton, The Rule of Law, with our special guest, Eddie Craig.
[16:49.280 --> 16:59.280]  And we'll be right back on the other side to continue.
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[18:57.280 --> 18:59.280]  All right.
[18:59.280 --> 19:05.280]  Now, if we look at transportation words and phrases, I've got a case here, Randy,
[19:05.280 --> 19:07.280]  that if you get an opportunity, I'd like for you to pull it up.
[19:07.280 --> 19:11.280]  It is State versus Western Transportation Company.
[19:11.280 --> 19:14.280]  It's from 1950 in Iowa.
[19:14.280 --> 19:19.280]  The reference number is 43 Northwest 2nd, 739.
[19:19.280 --> 19:23.280]  What the judge in this case did after he gives his conclusion and his order,
[19:23.280 --> 19:29.280]  he goes on to give examples of transportation, all of which are involving the movement of goods
[19:29.280 --> 19:32.280]  or persons for hire.
[19:32.280 --> 19:39.280]  Now, here's a term that we need to get used to using when referring to ourselves both in court
[19:39.280 --> 19:44.280]  and when dealing with a police officer, and that term is traveler.
[19:44.280 --> 19:51.280]  A traveler is what we always were considered if we were not on the road operating in commerce,
[19:51.280 --> 19:56.280]  simply going from point A to point B legally makes you a traveler.
[19:56.280 --> 20:01.280]  It's the same thing they used to have when they used to have what's called a guest statute.
[20:01.280 --> 20:07.280]  A traveler who was going somewhere in his own automobile and had people going with him,
[20:07.280 --> 20:12.280]  those people were termed guests under the law rather than passengers
[20:12.280 --> 20:15.280]  because passengers was a term used in commerce.
[20:15.280 --> 20:21.280]  A guest was just somebody that you invited along for your own general purpose and pleasure in business
[20:21.280 --> 20:27.280]  without any compensation being exchanged for the movement of that person from wherever they were
[20:27.280 --> 20:29.280]  to wherever you're going.
[20:29.280 --> 20:34.280]  So keep that in mind that when you talk about yourself, you're a traveler.
[20:34.280 --> 20:36.280]  Now, let's look at what that term means.
[20:36.280 --> 20:41.280]  If we go to traveler in Blacks 3rd, one who passes from place to place,
[20:41.280 --> 20:45.280]  whether for pleasure, instruction, business, or health.
[20:45.280 --> 20:48.280]  Now, when it says business here, pay close attention to the rest of this
[20:48.280 --> 20:53.280]  because it means personal business, not commercial business.
[20:53.280 --> 20:57.280]  The term is used to designate those who patronize ends.
[20:57.280 --> 21:01.280]  The distance which they travel is not material.
[21:01.280 --> 21:04.280]  So you can tell how old that definition is.
[21:04.280 --> 21:08.280]  Travelers in Blacks 6th, one who passes from place to place,
[21:08.280 --> 21:12.280]  whether for pleasure, instruction, business, or health.
[21:12.280 --> 21:15.280]  And that's as far as it goes.
[21:15.280 --> 21:18.280]  Notice there's nothing there dealing with commerce.
[21:18.280 --> 21:26.280]  All it wants to talk about is that you're going from one place to another, and that's all it involves.
[21:26.280 --> 21:29.280]  Now, let's go back here for just a minute.
[21:29.280 --> 21:36.280]  And we're going to take a look at what we have in terms of driver's licenses.
[21:36.280 --> 21:45.280]  Now, again, be aware, do not assume you know the meaning of a word, a group of words,
[21:45.280 --> 21:51.280]  any phrase that you don't do a search for to determine exactly what it is
[21:51.280 --> 21:58.280]  because that will wind up coming back to haunt you later.
[21:58.280 --> 22:09.280]  Now, if you are online and you don't know where to go, you can go to the Texas Government website, www.texas.gov,
[22:09.280 --> 22:17.280]  click on the blue banner on the word government, and then search down the right-hand set of columns there,
[22:17.280 --> 22:22.280]  and you will find a link that says laws, codes, and statutes.
[22:22.280 --> 22:28.280]  Click on that, it will take you to another page that has two options, Texas Constitution, Texas Statutes.
[22:28.280 --> 22:33.280]  Expand the Texas Statutes and go down and expand the Transportation Code.
[22:33.280 --> 22:43.280]  Where we're going to be starting at in the Transportation Code is going to be Section 521 and specifically 521.001 right at the very top.
[22:43.280 --> 22:50.280]  Now, each time I've discussed this, I've gone back and I referred you to Chapter 311 of the Government Code
[22:50.280 --> 22:59.280]  simply because we've done this enough times now that we know the term person if it is not defined within the specific statute
[22:59.280 --> 23:11.280]  or the definition is not given that implies that it is relevant to a section, subsection, subchapter, subtitle, chapter, title,
[23:11.280 --> 23:19.280]  then if there's no definition for that term, check the Government Code under Chapter 311 and see if that term is defined.
[23:19.280 --> 23:24.280]  The term person is defined under Chapter 311.
[23:24.280 --> 23:35.280]  The term person includes only legal entities, no flesh and blood, man, woman, not even the term natural person,
[23:35.280 --> 23:39.280]  which is sometimes used in law to describe a human being.
[23:39.280 --> 23:53.280]  However, the term person in and of itself is from an old word of Latin, that persona, and it literally means the actor's mask.
[23:53.280 --> 24:01.280]  In other words, back when they used to have people that did stage plays and everything, their persona was the character they were playing,
[24:01.280 --> 24:04.280]  not the real person behind the mask.
[24:04.280 --> 24:15.280]  Everybody likes to refer that in some context, probably as the straw man, but in fact, it is a real legal entity, not a flesh and blood man or woman.
[24:15.280 --> 24:25.280]  So looking at Section 521.001, subsection A, sub item 3, driver's license.
[24:25.280 --> 24:31.280]  Driver's license means an authorization issued by the Department for the operation of a motor vehicle.
[24:31.280 --> 24:41.280]  The term includes a temporary license or instruction permit and an occupational license.
[24:41.280 --> 24:48.280]  Now get that. When they say a temporary license or instruction permit and they put it together with and,
[24:48.280 --> 24:57.280]  that temporary license or instruction permit is what you receive before you receive your full occupational license.
[24:57.280 --> 25:06.280]  Just like what they tell you you're getting now when you get a learner's permit and then you get your temporary permit and then your license arrives in the mail.
[25:06.280 --> 25:14.280]  Exact same thing. The temporary license or instruction permit are for an occupational license.
[25:14.280 --> 25:21.280]  That's what a driver's license is. It is a license to conduct commerce upon the roads.
[25:21.280 --> 25:34.280]  Now if we go to sub item 6, license means an authorization to operate a motor vehicle that is issued under or granted by the laws of this state.
[25:34.280 --> 25:48.280]  The term includes a driver's license, the privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license and a non-resident's operating privilege.
[25:48.280 --> 25:58.280]  Now let's look at B there real quick. The privilege of a person to operate a motor vehicle regardless of whether the person holds a driver's license.
[25:58.280 --> 26:08.280]  Now technically speaking if you operate a motor vehicle without a license you have committed a crime.
[26:08.280 --> 26:19.280]  Because a motor vehicle is involved in commerce and a license is a driver's license authorizing you to engage in that commerce.
[26:19.280 --> 26:31.280]  Motor vehicle and an occupational license are tied together in commerce. Commerce falls under the regulatory ability of the state.
[26:31.280 --> 26:40.280]  The difference here being those of us that are using the road for our own purpose, pleasure and travel that are not engaged in commerce.
[26:40.280 --> 26:52.280]  Everyone talks about this subject as the right to travel. Well the main thing to remember about a right is that it is not given by government.
[26:52.280 --> 27:03.280]  Our constitution specifically states rights are granted by our creator. Isn't that what it says? Endowed by their creator with certain unalienable rights.
[27:03.280 --> 27:15.280]  So given that we are now at a point where if they were attempting to regulate a right with a license that would be an unconstitutional act because it would be violative of the right.
[27:15.280 --> 27:24.280]  If you regulate a right that means you can suppress the right. If you can suppress the right you can obliterate the right. If you can obliterate the right it's not a right.
[27:24.280 --> 27:36.280]  This is all very common sense stuff that many, many people should or are already very aware of but it does not hurt to go back over it again so that the new people have an idea of why this is.
[27:36.280 --> 27:47.280]  Because the first thing you're going to have argued against you is well why would the legislature do it that way? Why don't they just write the statutes where it applies to everybody the same way?
[27:47.280 --> 27:57.280]  The constitution is why. They cannot do the things to the people's rights that they can do to the items that they themselves create.
[27:57.280 --> 28:08.280]  And commerce upon the roads is usually done by those that are receiving a privilege granted by the state. That privilege is what they can regulate.
[28:08.280 --> 28:19.280]  A right is not a privilege. It is much higher. It is irrevocable except by due process of law which is one of Randy's favorite touch-upons.
[28:19.280 --> 28:33.280]  Now there's another thing here that I've only touched upon the definition of once but before we go any further and we get down to the point where we're actually talking about certificates of title and manufacturer's certificates of origin,
[28:33.280 --> 28:42.280]  this is a term you need to understand. The law specifically addresses one that holds legal title to something.
[28:42.280 --> 28:52.280]  Now when we talked before about don't assume you know what that means, everyone I've ever talked to assumes legal title means I'm the owner.
[28:52.280 --> 28:58.280]  Guess what? That is incorrect. Legal title means something completely different.
[28:58.280 --> 29:15.280]  This is the definition of legal title from Black's Law sixth edition. One cognizable or enforceable in a court of law or one which is complete and perfect so far as regards the apparent right of ownership and possession,
[29:15.280 --> 29:29.280]  but who carries no beneficial interest in the property, another person being equitably entitled thereto, in either case the antithesis of equitable title.
[29:29.280 --> 29:45.280]  It may also mean appearance of title as distinguished from complete title. Full and absolute title or apparent right of ownership with beneficial or equitable title in another, not necessarily record title.
[29:45.280 --> 29:57.280]  So as you can see, they have all kinds of title levels they can deal with, but legal title is not legal owner. Do not confuse those two.
[29:57.280 --> 30:06.280]  One of the things that you're going to wind up seeing makes perfect sense to argue not only the law in these cases, but the simple fact of property.
[30:06.280 --> 30:22.280]  As citizens, we are granted the right to own and acquire property, and I'm sure Randy could address this as well, but given the right to own and acquire property inherently grants the right of the use of that property.
[30:22.280 --> 30:38.280]  I mean, after all, what good is a piece of property that you cannot use? If they take away the use they have, according to the court cases that I studied upon, by removing its use they have destroyed the property
[30:38.280 --> 30:53.280]  because it cannot be used for its intended purpose. Now understand, though, that the intended purpose cannot be harm, destruction, or otherwise of other people or their property. That's not what that means.
[30:53.280 --> 31:12.280]  The right to make use of your property is any lawful use and the intended purpose not to cause harm to others or their property. If your property cannot be used, then you're being robbed of that property, and that amounts to theft.
[31:12.280 --> 31:29.280]  So if you're being charged with operating a motor vehicle, you need to know what those terms mean, both operating and motor vehicle. And we've got an Attorney General's letter here that Gary Lochte sent me, and it states in very straight-up English
[31:29.280 --> 31:50.280]  that a motor vehicle and an automobile are not synonymous. They do not mean the same thing. Let me get right here where we can see. The scope of the term motor vehicle in Article 5.01 is not dispositive of the proper basis for the article.
[31:50.280 --> 32:07.280]  Let me get down to where this is. In sum, to answer your specific questions, the authority may not by rule define the term self-propelled motor vehicle to impose the Article 44.1337 fee on insurance policies other than motor vehicle insurance policies.
[32:07.280 --> 32:26.280]  Now get what this is saying. It's talking about insurance policies for motor vehicles. Guess what you cannot get for a private automobile. You cannot get an insurance policy for a private automobile because all current insurance policies are for commercial use only.
[32:26.280 --> 32:42.280]  That's why all the policies ensure a motor vehicle, not an automobile, not a private vehicle, not a personal conveyance, but a motor vehicle.
[32:42.280 --> 32:56.280]  Now, when we go back over here, we go to Section 522.003 of the Transportation Code. Now we're going to see what a commercial driver's license is.
[32:56.280 --> 33:06.280]  Commercial driver's license means a license issued to an individual that authorizes the individual to drive a class of commercial motor vehicle.
[33:06.280 --> 33:26.280]  Now, when you look up the definitions in the Transportation Code for motor vehicle and commercial motor vehicle, they are not the same, though they are extremely similar, the difference here being that one specifically states that it is in commerce
[33:26.280 --> 33:43.280]  and the other alludes to its possibility of being used for purposes other than commerce. But as this Attorney General letter showed us, it specifically says that the term motor vehicle has a very broad scope.
[33:43.280 --> 34:01.280]  And it may include all manner of vehicular equipment, but the term automobile has a much narrower scope, and it contains classifications of vehicles that are not motor vehicles.
[34:01.280 --> 34:07.280]  So keep that in mind. And this is, by the way, by our current Attorney General, Greg Abbott.
[34:07.280 --> 34:21.280]  Now, commercial driver's learner's permit means a commercial driver's license that restricts the holder to driving a commercial motor vehicle as provided by Section 522.011A2B.
[34:21.280 --> 34:37.280]  Drive means to operate or be in physical control of a motor vehicle. Driver's license has the meaning assigned by Section 521.001, which was what? An occupational license.
[34:37.280 --> 34:55.280]  Motor vehicle means a vehicle, machine, tractor, trailer, or semi-trailer propelled or drawn by a mechanical power and used on a highway. The term does not include a vehicle, machine, tractor, trailer, or semi-trailer operated exclusively on a rail.
[34:55.280 --> 35:09.280]  Now another term you will need to get very familiar with is use, used or use. That term is almost always connotative of commercial activity.
[35:09.280 --> 35:17.280]  When you are using something, then you are using it in a manner to produce an income stream.
[35:17.280 --> 35:25.280]  That's the way the law and the legislative intent that I've researched on this has always shown the term use to come out.
[35:25.280 --> 35:37.280]  Now notice, however, that I cannot find anywhere in the transportation code where the term use is defined. It's also not defined in Chapter 311 of the government code.
[35:37.280 --> 35:52.280]  So given that, we're back to looking at what the term would mean in common use, common use in this case being law. So let me get to Black's Law here and we will see exactly what it says we're dealing with.
[35:52.280 --> 36:12.280]  All right, use, an act of employing everything or a state of being employed, application as the use of a pen or his machines are in use, also the fact of being used or employed habitually,
[36:12.280 --> 36:30.280]  usage as the wear and tear resulting from ordinary use, the purpose served, a purpose, object or end for useful or advantageous nature, to put or bring into action or service, to employ for or apply to a given purpose,
[36:30.280 --> 36:52.280]  to avail oneself of, to employ, to utilize, to carry out a purpose or action by means of, to put into action or service, especially to attain an end, the enjoyment of property which consists in its employment, occupation, exercise or practice.
[36:52.280 --> 37:12.280]  That's just a small amount of the lengthy definition that's put into use. Now, let's go down a little bit further and we're going to look again at Section 703.002 where we find another definition of driver's license.
[37:12.280 --> 37:26.280]  This is actually under Chapter 703 of the Transportation Code, Non-Resident Violator Compact of 1977, Section 703.002, Subsection B, Item 4.
[37:26.280 --> 37:37.280]  Driver's license means any license or privilege to operate a motor vehicle issued under the laws of the home jurisdiction.
[37:37.280 --> 37:46.280]  Now, notice, driver's license means any license or privilege to operate a motor vehicle under the laws of the home jurisdiction.
[37:46.280 --> 37:58.280]  Home jurisdiction is a term that you would need to look up, but the title tells us this is doing information on a non-resident violator.
[37:58.280 --> 38:13.280]  Well, another term you need to be very aware of in law is resident, resides. In its original use, the term reside was employed with a connotation of our public officials
[38:13.280 --> 38:31.280]  who lived in many different locations during their term in office because they are in several different districts or counties or whatever that's within their area to cover. They're representative for those different locations and they travel from place to place in each of those.
[38:31.280 --> 38:44.280]  And when they're there and they have to stay there for a period of time, they are considered to be residing. Why? Because the term reside also contains the term transient.
[38:44.280 --> 38:56.280]  In other words, this is not your permanent abode. This is where you temporarily are residing because you must. So that's why the term reside and resident are very important.
[38:56.280 --> 39:06.280]  Notice when an officer stops you, he never asks you where your domiciled or where your house is. He always says, what's your residence? He is right there.
[39:06.280 --> 39:23.280]  He is converting your abode into a residence, which is used for transient purposes, not for permanent purposes. Now, let's go down to section 2308.002 of the occupations code.
[39:23.280 --> 39:33.280]  This is very important. Driver's license has the meaning assigned by section 521.001 transportation code.
[39:33.280 --> 39:43.280]  Notice that driver's license in the occupation code refers you right back to the same location in the transportation code that says it is an operator's license.
[39:43.280 --> 39:57.280]  So we go over to the transportation code and we look at section 522.003, item 12. Driver's license has the meaning assigned by section 521.001.
[39:57.280 --> 40:15.280]  In fact, you will find in every location in the transportation code and virtually every other code, they all refer you back to section 521.001 of the transportation code for the definition of driver's license.
[40:15.280 --> 40:31.280]  All right. We'll go down a little further. And there are, from what I counted, there are nine locations in the transportation code that define the term driver's license.
[40:31.280 --> 40:45.280]  Now, if we go back to the government code, this is also important. Notice that in the government code, we will find a definition for the term occupational license, and I believe in all the codes there are three.
[40:45.280 --> 41:02.280]  In section 2054.251, item 5, occupational license means a license, certificate, registration, permit, or other form of authorization, including a renewal of the authorization that
[41:02.280 --> 41:22.280]  a person must obtain to practice or engage in a particular business, occupation, or profession, or a facility must obtain before a particular business, occupation, or profession is practiced or engaged in within the facility.
[41:22.280 --> 41:26.280]  That's an occupational license according to the government code.
[41:26.280 --> 41:45.280]  Now, the Human Resources Code, section 91.051, item 10, occupational license means a license, permit, or other written authorization required by a governmental unit as a condition for engaging in an occupation.
[41:45.280 --> 42:08.280]  Now, we go to the Occupations Code, section 58.001, item 7, occupational license means a license, certificate, registration, permit, or other form of authorization required by law or rule that must be obtained by an individual to engage in a particular business or occupation.
[42:08.280 --> 42:16.280]  There you have it, folks. Those are the only three definitions in all the Texas codes for occupational license.
[42:16.280 --> 42:29.280]  In every single instance, an occupational license has to do with a particular business, occupation, but it is always commercial.
[42:29.280 --> 42:38.280]  So now, let's take a look at why the Transportation Code was brought into existence.
[42:38.280 --> 43:01.280]  Section 1.001, Purpose of Code, sub-item A, this code is enacted as a part of the state's Continuing Statutory Revision Program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code.
[43:01.280 --> 43:10.280]  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
[43:10.280 --> 43:15.280]  Those last three words speak volumes.
[43:15.280 --> 43:35.280]  Without substantive change means that even though we're going to be changing words, we're going to be rephrasing statutory paragraphs, we're going to change sentence structure, we're basically going to alter the face any way we like, but whatever we do, we are not changing the application of the law.
[43:35.280 --> 43:47.280]  We are not changing the purpose of the law. We are not altering the effect of the law. That's what no substantive change means.
[43:47.280 --> 44:10.280]  So, irregardless of how they word it, if each time they've amended this Transportation Code, that section exists, that means that this meaning of these terms and their true application have never changed unless this particular set of words was left out of revision.
[44:10.280 --> 44:23.280]  Go all the way back to 1963. The term commercial used to always appear in front of the words motor vehicle, always.
[44:23.280 --> 44:50.280]  Now the term commercial has been removed, but the term motor vehicle remains. But each revision since 1963 has always had without substantive change, which means even though they removed the term commercial, motor vehicle still means commercial motor vehicle.
[44:50.280 --> 45:01.280]  The one thing they will hate to hear the most is logic and common sense applied to a law they have worked so hard to enforce in a manner completely oblivious to its true nature.
[45:01.280 --> 45:07.280]  Randy can attest to that, can't you, Randy? Absolutely.
[45:07.280 --> 45:27.280]  All right. Now another interesting part of that same section, section 1.001 sub-item B, item 3. The purpose, let's see, consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable.
[45:27.280 --> 45:45.280]  Now there's a joke. By eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions. Well, I guess the term commercial in front of motor vehicle was considered to be ineffective.
[45:45.280 --> 45:56.280]  However, what they considered it to be ineffective for, in my personal opinion, is it affected their ability to steal money without getting caught.
[45:56.280 --> 46:00.280]  That's exactly what I was thinking.
[46:00.280 --> 46:01.280]  All right.
[46:01.280 --> 46:22.280]  Now these are four Texas cases that used to exist before they codified the term driver's license. Believe it or not, the term driver's license did not exist in the form it is right now in 521.001. I'm sorry.
[46:22.280 --> 46:33.280]  But these cases came out in the 50s to deal with this subject. In the Texas Court of Criminal Appeals, these cases.
[46:33.280 --> 46:57.280]  Brooks versus State 151 Texas Criminal Appellate Court 546 258 Southwest 2nd 317 in 1953 and information charging the driving of a motor vehicle upon a public highway without a driver's license charges no offense, as there is no such license as a driver's license known to the law.
[46:57.280 --> 47:05.280]  Now that's real clear, isn't it? But notice this case predated 1963.
[47:05.280 --> 47:21.280]  Now, Frank John Callis versus State 167 Texas Criminal 375 320 Southwest 2nd 360. This court has held that there is no such license known to Texas law as a driver's license.
[47:21.280 --> 47:37.280]  Claude D. Campbell versus State 160 Texas Criminal 627 274 Southwest 2nd 401. We have held that there is no such license as a driver's license known to our law.
[47:37.280 --> 48:02.280]  And the last one, W. Lee Hassell versus the State 149 Texas Criminal 333 194 Southwest 2nd 400. There being no such license as a driver's license known to the law, it follows that the information in charging the driving of a motor vehicle upon a highway without such a license charges no offense.
[48:02.280 --> 48:15.280]  Now, here we have cut and dry, clear as glass case law stating you can't charge somebody with no driver's license because there's no such animal.
[48:15.280 --> 48:36.280]  So, through statutory revision, we now have such an animal. However, our glorified accounting personnel that we call police officers and other public officials seem to think that a driver's license has a universal meaning, meaning you need their permission to do what you do.
[48:36.280 --> 48:54.280]  We have proven through the very statute itself that a driver's license, even though that term now exists within our law, still applies only to a commercial activity, not to private travel, not to the right of travel.
[48:54.280 --> 48:58.280]  I love it when I can beat them to death with their own rule book.
[48:58.280 --> 49:02.280]  Man after my own heart.
[49:02.280 --> 49:16.280]  Now, this is an interesting case because this speaks directly to this issue we're talking about where you know the old phrase where if you can't say something nice, don't say anything at all, remain silent.
[49:16.280 --> 49:21.280]  Well, here's what the U.S. Supreme Court had to say about silence.
[49:21.280 --> 49:33.280]  Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading.
[49:33.280 --> 49:53.280]  Would that be Twill? No, U.S. versus Pruden, though Twill references this. This case is 1970. It is 424, Federal 2nd, 1021, and 1032, section or item 7.
[49:53.280 --> 49:57.280]  But I think Twill comes after this case and refers back to this one.
[49:57.280 --> 50:03.280]  There is some misconception about these and you hit right on it.
[50:03.280 --> 50:13.280]  There are those who claim that if you fail to respond, they will send you a document and demand that you respond and say that failure to respond is fraud.
[50:13.280 --> 50:16.280]  Right. Not so.
[50:16.280 --> 50:21.280]  Failure to respond when there is a duty to respond.
[50:21.280 --> 50:28.280]  It's legal or moral.
[50:28.280 --> 50:37.280]  Now, the thing about that is when you want to see this particular facilitation of being silent,
[50:37.280 --> 50:43.280]  send a question to the attorney general's office asking does everybody have to have a driver's license.
[50:43.280 --> 50:51.280]  You will get 15 pages of no comment, but you will never ever get a direct answer to your question.
[50:51.280 --> 50:57.280]  Now, Randy, correct me if I'm wrong. Attorney general is an elected public official, correct?
[50:57.280 --> 50:58.280]  Correct.
[50:58.280 --> 51:03.280]  As a public official, every public official has a duty to the public. Would that also be correct?
[51:03.280 --> 51:05.280]  That would be correct.
[51:05.280 --> 51:17.280]  The attorney general has stated in no uncertain terms to the representatives of the legislature that they refuse to respond or reply to direct requests from the public.
[51:17.280 --> 51:25.280]  The public has no recourse to request information from the attorney general except through their elected representatives.
[51:25.280 --> 51:28.280]  Or through discovery.
[51:28.280 --> 51:31.280]  Or through discovery.
[51:31.280 --> 51:33.280]  And he's right about that.
[51:33.280 --> 51:40.280]  The only problem is I have actually sent them discovery before and they have chosen to remain silent.
[51:40.280 --> 51:43.280]  They refuse to reply.
[51:43.280 --> 51:59.280]  The good thing about the other side of that is if you make the request to a public official, for instance a police department,
[51:59.280 --> 52:04.280]  and they make a request to the attorney general,
[52:04.280 --> 52:15.280]  now the attorney general is engaged in a contractual arrangement with the state for which you are the intended third party beneficiary.
[52:15.280 --> 52:21.280]  He has a duty to respond to the public official to your benefit.
[52:21.280 --> 52:24.280]  Now you can go for him.
[52:24.280 --> 52:28.280]  For not responding to the official, not for not responding to you.
[52:28.280 --> 52:30.280]  Right.
[52:30.280 --> 52:36.280]  Now, I'm going to give you guys a couple of case sites here.
[52:36.280 --> 52:41.280]  And before you go using these, I would very much like for Randy to verify that they are accurate.
[52:41.280 --> 52:47.280]  I've looked them up in the law books before, but not these particular ones.
[52:47.280 --> 52:51.280]  So, Randy, if you wouldn't mind, if you'll take these down and verify them.
[52:51.280 --> 52:56.280]  But this is from a case that's been cited three different times.
[52:56.280 --> 53:05.280]  Officers of the court have no immunity when violating a constitutional right from liability, for they are deemed to know the law.
[53:05.280 --> 53:07.280]  It goes right along with your screw versus U.S.
[53:07.280 --> 53:09.280]  Yes, give me that site.
[53:09.280 --> 53:15.280]  Owens versus City of Independence, 445 U.S. 621.
[53:15.280 --> 53:26.280]  That's all I need. That's all I need. Yeah. And then Maine versus DeBato, 448 U.S. 1.
[53:26.280 --> 53:30.280]  And Hafer versus Milo, 502 U.S. 21.
[53:30.280 --> 53:33.280]  Got that one.
[53:33.280 --> 53:38.280]  All right. Hafer and Milo may be one of the most famous cases in existence.
[53:38.280 --> 53:44.280]  Right. Yeah, that's the one I found in the law book, but these other two I wasn't sure about.
[53:44.280 --> 53:51.280]  Now, I've come up with several other things while I've got it fresh in my mind.
[53:51.280 --> 53:58.280]  I've talked to Gary Lockkey about this and for the people that are dealing with the red light camera issues here in Texas,
[53:58.280 --> 54:02.280]  it would appear, according to the information that's been given to me by Gary,
[54:02.280 --> 54:11.280]  he knows a gentleman that received one of the tickets and described the process that was done to him regarding this ticket to Gary who passed it on to me.
[54:11.280 --> 54:16.280]  It would appear that the red light cameras, as we all know, are being run by a third-party company,
[54:16.280 --> 54:20.280]  not the actual law enforcement of the city in which it's installed.
[54:20.280 --> 54:24.280]  What they do is once they get the picture, it goes to a centralized location.
[54:24.280 --> 54:30.280]  It gets processed. It gets forwarded back to a particular department within the city where that camera is located.
[54:30.280 --> 54:35.280]  You are then sent the summons to appear before an administrative hearing.
[54:35.280 --> 54:38.280]  The charge is civil in nature.
[54:38.280 --> 54:43.280]  There's a couple of problems with this, the most obvious being that in almost any civil case,
[54:43.280 --> 54:51.280]  there has to be some sort of tort, and a tort in this particular instance would have to be a breach of a duty or a breach of a contract.
[54:51.280 --> 54:58.280]  Now, the administrative hearing being civil in nature is not conducted before an actual court.
[54:58.280 --> 55:03.280]  It is conducted before a board of commissioners or whatever they want to call themselves.
[55:03.280 --> 55:09.280]  However, the interesting facet of this comes from when you appeal the decision.
[55:09.280 --> 55:17.280]  And according to the information this gentleman was given and passed on to Gary, you are limited to a single appeal.
[55:17.280 --> 55:27.280]  That appeal goes from the administrative hearing panel straight to a municipal court.
[55:27.280 --> 55:38.280]  Now, I don't know if anyone is familiar with this here in Texas, but a municipal court in Texas does not have civil jurisdiction.
[55:38.280 --> 55:46.280]  If you look in Article 4.14 of the Code of Criminal Procedure, it states very clearly,
[55:46.280 --> 56:00.280]  a jurisdiction of municipal court, a municipal court, including a municipal court of record, shall have exclusive original jurisdiction within the territorial limits of the municipality in all criminal cases.
[56:00.280 --> 56:13.280]  Now, if you go a little further on, the municipal court shall have concurrent jurisdiction with the justice of a precinct in which the municipality is located in all criminal cases arising under state law.
[56:13.280 --> 56:17.280]  That meet the certain list of criteria.
[56:17.280 --> 56:22.280]  But that is the only type of cases that a municipal court can hear.
[56:22.280 --> 56:37.280]  They can only be criminal, and they can only be cases punishable by fine only under a maximum limit, which is $2,000 under a city ordinance and $500 under a state law.
[56:37.280 --> 56:45.280]  So, by sending you on appeal to a municipal court, they've blown their entire case completely out of the water.
[56:45.280 --> 56:50.280]  Basically, what they're saying is, is you have no appeal.
[56:50.280 --> 56:57.280]  And I do believe that we have the right to appeal in everything for which we're trying to find, don't we, Randy?
[56:57.280 --> 57:05.280]  I've always thought it was that way, and this was a very good catch because I suspect they just missed that.
[57:05.280 --> 57:11.280]  I suspect they have, too, but I also suspect it's going to cost them a lot more than they garnered from that traffic ticket.
[57:11.280 --> 57:20.280]  Yes, and your reference to 445 U.S. 621, can you recheck that? That's the first one you gave me.
[57:20.280 --> 57:22.280]  On the court case?
[57:22.280 --> 57:23.280]  Yes.
[57:23.280 --> 57:32.280]  Okay.
[57:32.280 --> 57:35.280]  Just keep going. We can do this at the break or later.
[57:35.280 --> 57:47.280]  Yeah, 445 U.S. 621, Owens v. City of Independence. It's 100S.CT.1398.
[57:47.280 --> 57:49.280]  Okay. That may get it.
[57:49.280 --> 57:51.280]  Okay.
[57:51.280 --> 57:52.280]  Okay, go ahead.
[57:52.280 --> 58:02.280]  Now, let's talk a second for about what I referred to last time as a daisy chain statute.
[58:02.280 --> 58:05.280]  Let's talk about when they give you a ticket for no insurance.
[58:05.280 --> 58:07.280]  Okay, hold on. We're about to go to break.
[58:07.280 --> 58:08.280]  All right.
[58:08.280 --> 58:09.280]  It's the top of the hour.
[58:09.280 --> 58:11.280]  Yeah, just hold on one second, Eddie.
[58:11.280 --> 58:16.280]  We're going to talk about the daisy chain statutes. This sounds interesting.
[58:16.280 --> 58:25.280]  We'll be right back after this short break. This is the rule of law, Randy Kelton and Deborah Stevens. We're here with Eddie Craig talking about the Texas traffic code.
[58:25.280 --> 58:54.280]  We'll be right back.
[58:54.280 --> 59:21.280]  Okay.
[59:21.280 --> 59:49.280]  Okay.
[59:49.280 --> 01:00:16.280]  You are listening to the rule of law radio network at ruleoflawradio.com, live free speech talk radio at its best.
[01:00:16.280 --> 01:00:31.280]  Okay, we are back.
[01:00:31.280 --> 01:00:46.280]  The rule of law, Randy Kelton and Deborah Stevens. We're here with Mr. Eddie Craig from Nacogdoches. And Eddie, you were just about to talk about the daisy chain statute phenomenon.
[01:00:46.280 --> 01:00:54.280]  They can't enforce one without enforcing all of them that are daisy chain together. So, go ahead, please explain this.
[01:00:54.280 --> 01:01:06.280]  Well, we touched on this the last show when they require you what they, the section they use to tell you that you have to have motor vehicle insurance is Chapter 601 of the Transportation Code,
[01:01:06.280 --> 01:01:10.280]  where it's the Motor Vehicle Safety Responsibility Act.
[01:01:10.280 --> 01:01:24.280]  What we talked about is what the insurance agent's requirements are in order to get insurance. In order for them to issue you insurance, you must have one of four things.
[01:01:24.280 --> 01:01:38.280]  Six if you want to look at it technically, but they're essentially the same. You must have either a learner's permit, a temporary permit or an actual driver's license.
[01:01:38.280 --> 01:01:48.280]  Now, the same thing applies on the commercial side. You must have a temporary permit, temporary license or a commercial driver's license.
[01:01:48.280 --> 01:01:59.280]  You cannot get insurance on a motor vehicle without those things. You've got to have at least one of them.
[01:01:59.280 --> 01:02:15.280]  Now, considering that all of them are tied to commerce, those of us that travel upon the roads not engaged in commerce cannot get insurance because we are not required to have the driver's license.
[01:02:15.280 --> 01:02:23.280]  Therefore, insurance at a driver's license in some form are tied together daisy chain style.
[01:02:23.280 --> 01:02:31.280]  The carrier will not give you an insurance policy without one and if you are not required to have one,
[01:02:31.280 --> 01:02:41.280]  it would be impossible for the state to enforce lack of financial responsibility against you because that would be prohibited.
[01:02:41.280 --> 01:02:48.280]  It's a catch-22 system that way. Well, you may not have to have a license, but we say you've got to have insurance.
[01:02:48.280 --> 01:02:59.280]  Well, they trap you into having to get the license in order to get the insurance and they hit you with a double whammy now and gain a two-toe hold step into your life instead of one.
[01:02:59.280 --> 01:03:07.280]  So, as you can see, these are daisy chain together. Same thing applies to many of the different things that you get.
[01:03:07.280 --> 01:03:14.280]  You go down to register your car, which they consider to be the registration of the motor vehicle side of your car.
[01:03:14.280 --> 01:03:18.280]  If you are registering a motor vehicle, we discussed this before.
[01:03:18.280 --> 01:03:27.280]  One of the things they require you to bring, proof of insurance, a driver's license, and what else?
[01:03:27.280 --> 01:03:36.280]  Previous registration if you have any, so on and so forth, but one thing they are demanding from you entirely is a Social Security number.
[01:03:36.280 --> 01:03:42.280]  Now, that's not directly related to transportation, but it is one of those daisy chain things.
[01:03:42.280 --> 01:03:56.280]  Just so everyone's aware, there is no law in the United States of America that requires an American citizen to have a Social Security number.
[01:03:56.280 --> 01:04:18.280]  Social Security numbers by default and by definition within the law are meant only for those who wish to apply for and receive government benefits or for foreign immigrants to this country until such time as they become naturalized citizens.
[01:04:18.280 --> 01:04:26.280]  The reason for that was, was to ensure that they paid their fair share into the system until they could become naturalized.
[01:04:26.280 --> 01:04:42.280]  But the fact of the matter is, is that the federal government has a specific statute in place that makes it a felony for the state to demand or deny you any right, benefit, or privilege because you will not give them a Social Security number.
[01:04:42.280 --> 01:04:57.280]  It's called the Privacy Act of 1974, and it states in pertinent part, no federal, state, or local government agency shall deny an individual any right, benefit, or privilege because of that individual's refusal to disclose a Social Security number.
[01:04:57.280 --> 01:05:03.280]  To do so is a felony punishable by a $10,000 fine five years in the penitentiary or both.
[01:05:03.280 --> 01:05:08.280]  Now, that's very clear. So how have the states gotten around this?
[01:05:08.280 --> 01:05:18.280]  Well, the states have conjured up a method of wordplay. Just like they've done with the statutes themselves, they're now using federal wordplay.
[01:05:18.280 --> 01:05:25.280]  The federal statutes grant the states permission to request the number.
[01:05:25.280 --> 01:05:33.280]  The states in turn have taken the word request and transformed it into the word require.
[01:05:33.280 --> 01:05:45.280]  Now, there's a very distinct difference here. The problem is, is if you consider a driver's license a right, you would be incorrect.
[01:05:45.280 --> 01:05:57.280]  If you consider it a privilege, however, which is what it is, then you have something to go on because that statute in federal law specifically states no right, benefit, or privilege.
[01:05:57.280 --> 01:06:11.280]  So by refusing to give them a Social Security number, them refusing to give you the license or the registration because you won't give them a Social Security number is, in fact, a violation of federal law.
[01:06:11.280 --> 01:06:25.280]  And the case law says to be punished for doing what the law clearly allows you to do is a violation of the most, is a due process violation of the most basic sort.
[01:06:25.280 --> 01:06:35.280]  Yes, sir. So what we have to do here is we have to not just study only the law that we think applies.
[01:06:35.280 --> 01:06:41.280]  Look in areas that you wouldn't normally consider as having relevance because it might surprise you.
[01:06:41.280 --> 01:06:56.280]  Ninety-five percent of what I have found in state statutes is derived in some form from federal statutes, which is exactly why they would be statutes of very limited application.
[01:06:56.280 --> 01:07:15.280]  In other words, who they can actually be applied to or what they can actually be applied to because it's no secret that federal jurisdiction, technically speaking in the terms of the Constitution, does not exist within the borders of the states.
[01:07:15.280 --> 01:07:24.280]  They're forbidden to pass a law that affects us in any way except as it's done strictly in the terms of interstate commerce.
[01:07:24.280 --> 01:07:32.280]  That's the only section of the Constitution that gives the federal government the ability to directly write laws that affect the people of the states.
[01:07:32.280 --> 01:07:36.280]  There is no other place in the Constitution that's allowed.
[01:07:36.280 --> 01:07:42.280]  And that's exactly where they've managed to get their hooks into the states is through the Commerce Clause.
[01:07:42.280 --> 01:07:49.280]  But that's a little bit of history I'm sure everybody's aware of or will be waking up to very soon.
[01:07:49.280 --> 01:08:03.280]  Now, Randy, you've also expressed some worry over the term individual, which I believe I read the definition of that term to show that in most cases when it's used in statute, it is referring to an artificial person.
[01:08:03.280 --> 01:08:12.280]  And you will find that in almost all cases, for a brief second, let's go back to Chapter 311 of the Government Code and clarify person there.
[01:08:12.280 --> 01:08:20.280]  In that section, the term person is not set up as person means. It is set up as person includes.
[01:08:20.280 --> 01:08:38.280]  And then it gives a complete list of artificial legal entities, governmental entities, governmental subdivisions, corporations, associations, partnerships, so on and so forth, entities created strictly by statutory law.
[01:08:38.280 --> 01:08:57.280]  Now, 311 also tells us that in every instance, the terminology within 311 and the terminology within the individual sections of the statutes wherever possible, and if they combine peacefully without conflict, are to be used together.
[01:08:57.280 --> 01:09:01.280]  They are to be merged and not separated.
[01:09:01.280 --> 01:09:18.280]  Now, if we have one that says, this is the things I am including in my group, and then we have another that says, this is the meaning of this term as it's used right here, and those two pieces have to be used together,
[01:09:18.280 --> 01:09:33.280]  the inference becomes the ones that are listed specifically within the section of statutes such as individual, firm, partnership or whatever must come from one of these source groups that were included.
[01:09:33.280 --> 01:09:52.280]  Now, so far that is my inference. I have as of yet not located case law to thoroughly back that up, but based upon the wording of the statute itself, it's reasonable because the statute addresses using them together.
[01:09:52.280 --> 01:10:06.280]  And in order for them, these particular statutes, to not run afoul of the constitutional rights of the people, that would be the only reasonable way to construct that statute and to use it.
[01:10:06.280 --> 01:10:19.280]  Otherwise, they are now using a statute that allows them to apply a license to what the courts have specifically stated is a right, and we know that cannot happen.
[01:10:19.280 --> 01:10:36.280]  So that the laws must be considered in paramateria, so they all work together. One law cannot act to negate or expand or restrict another law.
[01:10:36.280 --> 01:10:47.280]  Exactly. It's kind of like what they've tried to say the 16th Amendment did within the United States Constitution where it gave Congress the power to tax anything and everything.
[01:10:47.280 --> 01:10:59.280]  That cannot be the case. If it was, the Constitution would be in conflict with itself because the other provision of the Constitution says that you either have an excise tax or you have an indirect tax.
[01:10:59.280 --> 01:11:09.280]  Or I'm sorry, a direct tax must be in proportion with enumeration of the census. An indirect tax, also called an excise tax, is the only other tax allowed.
[01:11:09.280 --> 01:11:18.280]  So if the 16th Amendment gave them the tax anything and everything, that would put the 16th Amendment in direct conflict with these provisions of the Constitution.
[01:11:18.280 --> 01:11:27.280]  And that document cannot war against itself. Same thing Randy's saying about our law. Our laws cannot war against one another or they become ineffective.
[01:11:27.280 --> 01:11:37.280]  So they must be very, very careful that even when they do run into one that conflicts, then that conflict is proven, one of them has to give way.
[01:11:37.280 --> 01:11:42.280]  And chapter 311 in its terms and definitions actually addresses that.
[01:11:42.280 --> 01:11:55.280]  It says if there is an irreconcilable conflict between a section of statute and chapter 311's general section, then the provisions of the specific statute prevail.
[01:11:55.280 --> 01:12:09.280]  So keep that in mind. But in any case where they can be read in a manner that does not result in a conflict, then you are told to use them together.
[01:12:09.280 --> 01:12:29.280]  Good. And in the Code of Criminal Procedure, it indicates hierarchy of law. Code of Criminal Procedure first, rules of civil procedure next, transportation codes not even in there.
[01:12:29.280 --> 01:12:40.280]  Right. And there are some things on the Code of Criminal Procedure that I would like to give you one time and talk about, but it's worth touching on. And that is how the municipal courts especially are bad about this.
[01:12:40.280 --> 01:12:50.280]  How they take chapter 45 and say these are the only rules in this book that apply to us. This is all we go by. We don't read or obey anything else.
[01:12:50.280 --> 01:13:06.280]  The problem with that is, is those sections are based upon previous sections that outline specific criteria and specific duties that this section are relying upon, whether the court agrees with it or not.
[01:13:06.280 --> 01:13:18.280]  One of those being the need for having an information filed in a misdemeanor case such as a traffic ticket, if that ticket was issued in a county where there is a criminal district court located.
[01:13:18.280 --> 01:13:43.280]  And even at that, they can only address a statute in Chapter 45 if it's not in conflict with another statute or in a case where something is not specifically addressed in Chapter 45.
[01:13:43.280 --> 01:13:48.280]  Then they would have to revert back to the rest of the code.
[01:13:48.280 --> 01:14:03.280]  Exactly, which is what I told this court they must do and they refused, which is why I say you're going to run into those that refuse to do their duty or even know the law. And that includes the judge sitting on the bench.
[01:14:03.280 --> 01:14:07.280]  It's generally especially the judge.
[01:14:07.280 --> 01:14:17.280]  Well, as you've pointed out many times and I totally agree with, the judge is usually the lawyer that couldn't make a living on his own.
[01:14:17.280 --> 01:14:29.280]  Now that should be a scary thought, folks, kind of like those people in the military who have a keen understanding that their weapons were made by the lowest bidder.
[01:14:29.280 --> 01:14:34.280]  We seem to have the judges would absolutely come under the heading of lowest bidder.
[01:14:34.280 --> 01:14:38.280]  Exactly. They most certainly would in many, many ways.
[01:14:38.280 --> 01:14:48.280]  Okay. Now, another one they love to hit us up on, also a daisy chain statute, deals with the registration of a motor vehicle.
[01:14:48.280 --> 01:14:56.280]  Now, 502 of the transportation code is the chapter that deals with the registration of a motor vehicle.
[01:14:56.280 --> 01:15:08.280]  When you read through that section, very close to the beginning, as you go down through there, it's very easy to spot. It says that a motor vehicle must be registered and then it gives a list of things that it's got to have.
[01:15:08.280 --> 01:15:14.280]  One of those things is that it must have a certificate of title.
[01:15:14.280 --> 01:15:27.280]  In order to register your vehicle, that is the third thing you need along with that proof of insurance and the driver's license and the Social Security number. This would actually be fourth item.
[01:15:27.280 --> 01:15:38.280]  The certificate of title. Now, the certificate of title is specifically addressed in chapter 501, right above 502.
[01:15:38.280 --> 01:15:53.280]  501.004 specifically states applicability. The certificate of title applies to any motor vehicle owned by the state or a political subdivision of the state.
[01:15:53.280 --> 01:16:09.280]  Then it goes on to say this does not apply to these specific vehicles. But guess what? Too late, cat's out of the bag. All that means is, is that these specific vehicles are ones that's owned by the state or political subdivision of the state.
[01:16:09.280 --> 01:16:26.280]  If it's not owned by them, it doesn't apply anyway. 501.004 has already laid that ground rule. Therefore, 502 that says you must have a certificate of title in order to register a vehicle,
[01:16:26.280 --> 01:16:40.280]  means it's got to be a government owned vehicle to require to be registered because only government owned vehicles can be required to have a certificate of title.
[01:16:40.280 --> 01:16:50.280]  It's a daisy chain statute. One does not work without the other. So this goes back to the certificate of origin.
[01:16:50.280 --> 01:16:59.280]  Well, certificate of title has replaced the certificate of origin for the intended purpose of the certificate of origin.
[01:16:59.280 --> 01:17:09.280]  Originally, the certificate of origin was what was used to transfer title of ownership or designation of the individual lien holder.
[01:17:09.280 --> 01:17:22.280]  What they've done is the certificate of title has now become the original bill of sale, which is the true title, true owner title to the vehicle in question.
[01:17:22.280 --> 01:17:35.280]  The true owner title is upon first sale to anybody, whoever it may be, sent directly to the State Transportation Department for whatever state you're in.
[01:17:35.280 --> 01:17:43.280]  That State Transportation Department will take that certificate of title, microfish it, and they will destroy the original.
[01:17:43.280 --> 01:17:49.280]  Randy, you being in Austin, you should love this little practice. If you find the time when you're down there one day,
[01:17:49.280 --> 01:18:01.280]  go in and ask to see a copy of the original MCO for any car you've owned. I would bet you, my bottom dollar, they cannot produce the original MCO.
[01:18:01.280 --> 01:18:08.280]  The information I have is that once it is microfished, the original is destroyed.
[01:18:08.280 --> 01:18:17.280]  Now, when you say possession is nine-tenths of the law, this is where they get you on saying you've got to do what they say with your car.
[01:18:17.280 --> 01:18:23.280]  They have taken your original title of ownership. They have it in their hands.
[01:18:23.280 --> 01:18:32.280]  They actually are the title holder, the real title holder to the automobile that that certificate belongs to.
[01:18:32.280 --> 01:18:40.280]  This is where they get the idea they're granting you a privilege. They're letting you use their automobile as if you owned it.
[01:18:40.280 --> 01:18:48.280]  You remember what we discussed a moment or a little bit ago on the term legal title? That's what a certificate of title is.
[01:18:48.280 --> 01:18:55.280]  The certificate of title is the piece of paper that says, hey, there is a legal title out there somewhere,
[01:18:55.280 --> 01:19:08.280]  but for now you're going to get to use this legal title right here to say that you are the one that owns this vehicle when in fact all you are is the leasy of the vehicle.
[01:19:08.280 --> 01:19:17.280]  So that's where they get off thinking that they can treat us like they own our car. We don't own the car without one of two things.
[01:19:17.280 --> 01:19:25.280]  The MCO or an actual notarized verified bill of sale.
[01:19:25.280 --> 01:19:33.280]  It appears to me I should sue the dealer for fraud.
[01:19:33.280 --> 01:19:39.280]  If the dealer sends it, if you buy the car outright, you should have the MCO in your hands.
[01:19:39.280 --> 01:19:47.280]  It makes no difference how I buy it. If I buy it on a loan or however I buy it.
[01:19:47.280 --> 01:19:57.280]  Well, even if it's on a loan, what should happen is the MCO is supposed to be held in title interest, I guess, like they do in escrow on a house.
[01:19:57.280 --> 01:20:03.280]  I get it. Whoever loans the money just gets the lien.
[01:20:03.280 --> 01:20:04.280]  Correct.
[01:20:04.280 --> 01:20:18.280]  It doesn't change my ownership or my right to hold the title or the original ownership of the vehicle if they give it to someone else without my permission.
[01:20:18.280 --> 01:20:19.280]  Right.
[01:20:19.280 --> 01:20:21.280]  That's a fraud to me.
[01:20:21.280 --> 01:20:35.280]  Yes, and we're back to terminology. The MCO is sent to Austin on the basis that you purchased a motor vehicle, not a private automobile.
[01:20:35.280 --> 01:20:42.280]  It is sent to them on the basis that you bought that vehicle for the intention of engaging in commerce.
[01:20:42.280 --> 01:20:45.280]  Therefore, it is sent to the state.
[01:20:45.280 --> 01:20:51.280]  That's where we have to start working at the lower levels with the dealers to show them, sorry, that's not going to work.
[01:20:51.280 --> 01:20:55.280]  This vehicle is for private use. It is not for commercial use.
[01:20:55.280 --> 01:20:59.280]  Therefore, there are two things we're not going to do here.
[01:20:59.280 --> 01:21:13.280]  You are not going to charge me the sales tax because the sales tax, according to law, is imposed upon the seller, not the person doing the buying.
[01:21:13.280 --> 01:21:15.280]  Now, consider that, Randy.
[01:21:15.280 --> 01:21:24.280]  The actual statute imposes the duty of the collection and payment of the sales tax upon the seller and the retailer, not the buyer.
[01:21:24.280 --> 01:21:30.280]  There's nothing in the statute that allows them to pass that cost on to the customer.
[01:21:30.280 --> 01:21:32.280]  That's another little thing I picked up here recently.
[01:21:32.280 --> 01:21:39.280]  So they would have to add that to the sale price and not add it on to the sale price.
[01:21:39.280 --> 01:21:42.280]  Correct.
[01:21:42.280 --> 01:21:46.280]  Oh, that is rich.
[01:21:46.280 --> 01:21:47.280]  Yeah.
[01:21:47.280 --> 01:21:53.280]  Gary Lochte also furnished me with that one, and that's what I've been reading up on the past couple days.
[01:21:53.280 --> 01:22:00.280]  He said he's got a friend of his that walks around, and any time somebody tries to charge him sales tax, he hands him a little card with something on it,
[01:22:00.280 --> 01:22:04.280]  which I don't know specifically what it is, but I really want to see it.
[01:22:04.280 --> 01:22:09.280]  But from what I've gone back and looked at, it makes perfect sense.
[01:22:09.280 --> 01:22:12.280]  Sounds like Catman.
[01:22:12.280 --> 01:22:13.280]  That's possible.
[01:22:13.280 --> 01:22:19.280]  He didn't specify who it was, but it definitely is an interesting tact to take.
[01:22:19.280 --> 01:22:23.280]  But now, besides not charging me sales tax for this private automobile,
[01:22:23.280 --> 01:22:31.280]  you will not charge me a title and registration fee because it will not be sent to the state as a commercial motor vehicle.
[01:22:31.280 --> 01:22:39.280]  I want my title. I'm not paying a fee to anybody because it is not for use upon the roads in commerce.
[01:22:39.280 --> 01:22:43.280]  We've got to educate these dealers that that's what the requirements of the law are.
[01:22:43.280 --> 01:22:46.280]  If it is not a motor vehicle, there is no sales tax.
[01:22:46.280 --> 01:22:52.280]  There is also no requirement for title and registration fees.
[01:22:52.280 --> 01:22:55.280]  You don't have to buy the plates. You don't have to do any of that.
[01:22:55.280 --> 01:23:01.280]  It is not for commercial use. License plates are exactly the same thing as the registration.
[01:23:01.280 --> 01:23:06.280]  It's a daisy chain statute. A license plate is for a motor vehicle.
[01:23:06.280 --> 01:23:09.280]  A motor vehicle must be registered.
[01:23:09.280 --> 01:23:13.280]  The motor vehicle cannot be registered without a certificate of title
[01:23:13.280 --> 01:23:20.280]  unless that motor or because that motor vehicle must be owned by a government entity in order to get a certificate of title.
[01:23:20.280 --> 01:23:24.280]  This stuff is all glued together in the end.
[01:23:24.280 --> 01:23:30.280]  And once you start piecing this out and realize that the top two pieces of the puzzle are you're not a person,
[01:23:30.280 --> 01:23:37.280]  you're not in a motor vehicle, you don't have to have a certificate of title because it doesn't apply to anyone but the government,
[01:23:37.280 --> 01:23:43.280]  and so on and so forth, it's not hard to come up with where this is supposed to be going.
[01:23:43.280 --> 01:23:47.280]  At least it's not for those of us who are looking for it.
[01:23:47.280 --> 01:23:52.280]  Isn't not amazing, Randy, how many people who are making a profit from something
[01:23:52.280 --> 01:23:55.280]  can't see a separate point of view than their own?
[01:23:55.280 --> 01:23:59.280]  That's, I was just reading that on language today.
[01:23:59.280 --> 01:24:07.280]  I'm looking at, I purchased a automobile for $30,000.
[01:24:07.280 --> 01:24:17.280]  And if I estimate about 8% tax, I paid these guys $2,400 for sales tax.
[01:24:17.280 --> 01:24:31.280]  And then I paid, I don't know how much for plates every year, and about $600 or $700 for insurance for the last five years.
[01:24:31.280 --> 01:24:34.280]  And I never got title.
[01:24:34.280 --> 01:24:40.280]  Exactly. And the car is no longer under a lien. It's paid off. Where's your title?
[01:24:40.280 --> 01:24:48.280]  If that certificate, a manufacturer certificate of origin is only supposed to be absent until the lien is paid in full,
[01:24:48.280 --> 01:24:55.280]  and there is no longer a lien holder, why is it not back in your hand when the vehicle is paid off?
[01:24:55.280 --> 01:25:03.280]  I get ownership when I make the purchase. I get full ownership with lien.
[01:25:03.280 --> 01:25:13.280]  I have full ownership. So the dealer is out of it because he gets paid from the bank.
[01:25:13.280 --> 01:25:21.280]  So the bank has a lien. I have full ownership. This sounds like fraud.
[01:25:21.280 --> 01:25:24.280]  Doesn't it?
[01:25:24.280 --> 01:25:33.280]  So it seems like I should go back to them for about $90,000, right at $100,000.
[01:25:33.280 --> 01:25:36.280]  Well, don't forget penalties and interest. They sure wouldn't forget it on you.
[01:25:36.280 --> 01:25:40.280]  Well, I'm saying $30,000 in triplicate.
[01:25:40.280 --> 01:25:45.280]  Oh yeah, but that's just for the one vehicle you're speaking of. How many have you owned?
[01:25:45.280 --> 01:25:48.280]  That's the only one I bought new.
[01:25:48.280 --> 01:25:56.280]  Should it matter? Didn't they charge you the registration fees and all that other stuff every year for every vehicle you've ever bought?
[01:25:56.280 --> 01:25:58.280]  Yeah, but...
[01:25:58.280 --> 01:26:04.280]  And since you bought it used, the person you bought it from should have had the MCO in their hands,
[01:26:04.280 --> 01:26:10.280]  and they should have been able to transfer it directly to you, but they got defrauded just as you did.
[01:26:10.280 --> 01:26:12.280]  This could get real interesting.
[01:26:12.280 --> 01:26:19.280]  Mm-hmm. It is a very long compound train, believe me. This is things that I've gone over and over and over,
[01:26:19.280 --> 01:26:27.280]  and it's what got me into this along with a couple other things. It was like, this makes absolutely no sense.
[01:26:27.280 --> 01:26:31.280]  Now, how long before we go to break, Randy?
[01:26:31.280 --> 01:26:38.280]  Call window. Don't leave it up. Where'd it go? Where'd it go?
[01:26:38.280 --> 01:26:42.280]  I don't know. Oh, we got about three minutes. 27. We got a couple minutes.
[01:26:42.280 --> 01:26:51.280]  All right. After we come back from that break then, I want to get into a little scenario on how I define government's role in our life,
[01:26:51.280 --> 01:27:00.280]  and it should help put it in perspective for those of you that are just coming on out there to understanding what we're having to deal with these days with our government.
[01:27:00.280 --> 01:27:07.280]  We are all very familiar that they've got the tea parties going on and that we're sick and tired of things being the way they are,
[01:27:07.280 --> 01:27:18.280]  but what we've got to understand is how they are supposed to be. We can't really rail against how they are if we have no understanding of how they're supposed to be.
[01:27:18.280 --> 01:27:26.280]  Otherwise, you're doing the Obama thing. You are asking for change for the sake of change, which is almost never a good idea.
[01:27:26.280 --> 01:27:33.280]  That's like trying to hang off the side of a cliff on a slippery branch, and you decide that you want to use your left hand instead of your right.
[01:27:33.280 --> 01:27:39.280]  Maybe you'll get it. Maybe you won't. Yeah. Be careful what you ask for. Yeah, exactly.
[01:27:39.280 --> 01:27:48.280]  And for those of you who haven't noticed the change in the wind, go try to buy a box of ammunition these days.
[01:27:48.280 --> 01:27:55.280]  But when we get back on that, we're going to lay out some of the common understanding of what the true role of government is supposed to be.
[01:27:55.280 --> 01:28:04.280]  Now, on the traffic side of this, however, it's going to be very important because I'm going to use situations from the traffic code to lay this out for you.
[01:28:04.280 --> 01:28:18.280]  That'll put everything about what we're talking about here in a much clearer understanding for those laypeople out there that don't have a good grasp of all this yet.
[01:28:18.280 --> 01:28:29.280]  Now, before we go to break real quick, let's also take a look at the speeding statutes. Almost everybody at one point or another winds up with a speeding ticket.
[01:28:29.280 --> 01:28:38.280]  For those of you that have, the very first place you need to go look is the transportation code section 201.904.
[01:28:38.280 --> 01:28:51.280]  I had a gentleman send me an email who was actually from Australia, but he sent me an email that contained some information regarding the origins of 201.904 before it got codified into the transportation code.
[01:28:51.280 --> 01:28:59.280]  And I sent him an email back letting him know that he was making some good points, but there were a couple others that should be addressed along with that.
[01:28:59.280 --> 01:29:03.280]  And I haven't heard back from him yet, but I'm really waiting on his reply.
[01:29:03.280 --> 01:29:19.280]  But 201.904 specifically states, the state shall erect speed signs for the purpose of regulating the speed of commercial motor vehicles, semi-trailers, and commercial motor vehicles for the transportation of passengers for higher meaning buses.
[01:29:19.280 --> 01:29:32.280]  As we said in the last review of this, if you've gotten a ticket from a police officer for speeding and you were not in one of those specific motor vehicles, then the officer has committed fraud.
[01:29:32.280 --> 01:29:35.280]  Okay, well, Eddie, listen, we're going to break.
[01:29:35.280 --> 01:29:36.280]  Yes, ma'am.
[01:29:36.280 --> 01:29:43.280]  Okay, we'll talk about this more on the other side. This is the rule of law, Randy Kelton and Debra Stevens on ruleoflawradio.com.
[01:29:43.280 --> 01:29:58.280]  We're here with Eddie Craig talking about the Texas transportation code.
[01:29:58.280 --> 01:30:03.280]  Cold prices are at historic highs, and with the recent pullback, this is a great time to buy.
[01:30:03.280 --> 01:30:11.280]  With the value of the dollar, risks of inflation, geopolitical uncertainties, and instability in world financial systems, I see gold going up much higher.
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[01:30:18.280 --> 01:30:27.280]  At Roberts and Roberts Brokerage, you can buy gold, silver, and platinum with confidence from a brokerage that specialized in the precious metals market since 1977.
[01:30:27.280 --> 01:30:35.280]  If you are new to precious metals, we will happily provide you with the information you need to make an informed decision whether or not you choose to purchase from us.
[01:30:35.280 --> 01:30:43.280]  Also, Roberts and Roberts Brokerage values your privacy and will always advise you in the event that we would be required to report any transaction.
[01:30:43.280 --> 01:30:48.280]  If you have gold, silver, or platinum you'd like to sell, we can convert it for immediate payment.
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[01:31:18.280 --> 01:31:33.280]  I've got to slow down, money gets red tonight.
[01:31:33.280 --> 01:31:40.280]  Been running for miles on the trail, took a round out of line.
[01:31:40.280 --> 01:31:46.280]  Lawyers put the money all these days.
[01:31:46.280 --> 01:31:52.280]  I set my sights on another way, the way I ran.
[01:31:52.280 --> 01:31:57.280]  The rain is soaking all the way to the bottom, it won't leave us alone.
[01:31:57.280 --> 01:32:04.280]  This is an amazing invasion.
[01:32:04.280 --> 01:32:09.280]  I need to know this, I need to know that now, but please don't wake me now.
[01:32:09.280 --> 01:32:16.280]  Cause I'm sleeping in the jungle.
[01:32:16.280 --> 01:32:22.280]  Sleeping in the jungle.
[01:32:22.280 --> 01:32:28.280]  So tired, in trouble.
[01:32:28.280 --> 01:32:40.280]  Sleeping in the jungle.
[01:32:58.280 --> 01:33:04.280]  The system, are you really with them? It makes me so blue.
[01:33:04.280 --> 01:33:10.280]  Protect us from ourselves, we've got the best we can do.
[01:33:10.280 --> 01:33:16.280]  Cities are your prisons, keep them in their cells.
[01:33:16.280 --> 01:33:22.280]  They ought to hold the keys, but they're still under your spell.
[01:33:22.280 --> 01:33:28.280]  The rain is soaking all the way to the bottom, it won't leave them alone.
[01:33:28.280 --> 01:33:34.280]  This is an amazing invasion.
[01:33:34.280 --> 01:33:39.280]  I need to know this, I need to know that now, but please don't wake me now.
[01:33:39.280 --> 01:33:46.280]  Cause I'm sleeping in the jungle.
[01:33:46.280 --> 01:33:52.280]  Sleeping in the jungle.
[01:33:52.280 --> 01:33:58.280]  So tired, in trouble.
[01:33:58.280 --> 01:34:18.280]  Sleeping in the jungle.
[01:34:18.280 --> 01:34:37.280]  Sleeping.
[01:34:37.280 --> 01:34:46.280]  Sleeping.
[01:34:46.280 --> 01:35:06.280]  Sleeping in the jungle.
[01:35:06.280 --> 01:35:10.280]  Okay, we are back. The rule of law, Randy Kelton and Deborah Stevens.
[01:35:10.280 --> 01:35:12.280]  A little route one music for you.
[01:35:12.280 --> 01:35:15.280]  Sleeping in the jungle.
[01:35:15.280 --> 01:35:21.280]  We're here with Eddie Craig from Nacogdoches talking about the Texas Transportation Code.
[01:35:21.280 --> 01:35:25.280]  And we will start to take your calls after 10 o'clock, after the top of the hour.
[01:35:25.280 --> 01:35:31.280]  Eddie's going to finish presenting his material for the next 25 minutes or so, and then we will begin to take your calls after that.
[01:35:31.280 --> 01:35:36.280]  So callers just hold, hold the phone for a moment and we'll open up the phone lines at the top of the hour.
[01:35:36.280 --> 01:35:38.280]  Okay, Eddie, go ahead.
[01:35:38.280 --> 01:35:50.280]  All right. As I was saying, we were talking a moment ago about the speeding. Normally when they cite you for speeding, they're going to cite you under section 545.351, maximum speed requirements.
[01:35:50.280 --> 01:35:59.280]  The only problem they have is that in that section, that maximum speed requirement is what's considered a prima facie speed limit.
[01:35:59.280 --> 01:36:02.280]  Prima facie means on the face of.
[01:36:02.280 --> 01:36:09.280]  Now, the straight up thing is that on the face, yes, this speed may seem to be unsafe.
[01:36:09.280 --> 01:36:15.280]  But the fact of the matter is, is that while driving this speed, I harm no one and cause no accidents.
[01:36:15.280 --> 01:36:21.280]  Therefore, by fact, the speed is safe.
[01:36:21.280 --> 01:36:24.280]  So you've blown the prima facie part of it out of the water.
[01:36:24.280 --> 01:36:37.280]  But the fact is that it still applies that the prima facie speed limit is applicable to the posted speed sign, which as we said before we went to break, covers only commercial motor vehicles.
[01:36:37.280 --> 01:36:48.280]  So be aware that 201.904 is something that you need to ensure that you work into whatever you do in your court case if you have to go in for speeding.
[01:36:48.280 --> 01:36:59.280]  But it also would go in with a clear and present criminal complaint against the police officer for basically committing fraud and aggravated perjury.
[01:36:59.280 --> 01:37:13.280]  Because as an officer of the law, he should have already known that that speed limit sign didn't apply to you if he could clearly see that you were driving a Toyota Celica and not one of the motor vehicles listed in 201.904.
[01:37:13.280 --> 01:37:20.280]  And the DPS has a box on the citation to check for commercial or non-commercial.
[01:37:20.280 --> 01:37:32.280]  Right. Which, as we said before, means he knows the difference, which means the moment he writes a non-commercial vehicle, a speeding ticket, he has intentionally committed aggravated perjury.
[01:37:32.280 --> 01:37:36.280]  That makes it malicious for certain.
[01:37:36.280 --> 01:37:42.280]  Section 548.051, Texas Transportation Code.
[01:37:42.280 --> 01:37:47.280]  This deals with vehicle and equipment subject to inspection and re-inspection.
[01:37:47.280 --> 01:37:51.280]  This is where they like to hit you when it comes to inspection of your car.
[01:37:51.280 --> 01:38:04.280]  A motor vehicle, trailer, semi-trailer, pole trailer, or mobile home registered in this state must have the following items inspected at an inspection station or by an inspector.
[01:38:04.280 --> 01:38:06.280]  Okay, let's backtrack.
[01:38:06.280 --> 01:38:09.280]  A motor vehicle registered.
[01:38:09.280 --> 01:38:12.280]  What do you have to have to register?
[01:38:12.280 --> 01:38:22.280]  Insurance, which we know you don't have to have because for an insurance you must have a driver's license, temporary permit, or learner's permit.
[01:38:22.280 --> 01:38:25.280]  And you don't have to have an occupational license.
[01:38:25.280 --> 01:38:27.280]  So you don't have to have the insurance.
[01:38:27.280 --> 01:38:29.280]  So you cannot get the vehicle registered.
[01:38:29.280 --> 01:38:35.280]  Therefore, you cannot get the vehicle inspected because it is not a vehicle required to be registered.
[01:38:35.280 --> 01:38:39.280]  See how this all daisy-chains together?
[01:38:39.280 --> 01:38:41.280]  It's pretty much like a tiered waterfall.
[01:38:41.280 --> 01:38:48.280]  This comes down this way, lands here, this comes down and lands here, and so on and so forth until you hit bottom.
[01:38:48.280 --> 01:39:02.280]  Once you start putting these pieces together like this, you can come up with all kinds of ways to throw a wrench in the works of what they're trying to say you did versus what the law says you can do.
[01:39:02.280 --> 01:39:11.280]  All right, let's go to one other thing here real quick, and that is expired license plates on a vehicle.
[01:39:11.280 --> 01:39:18.280]  Operation of vehicle, Section 502-407, operation of vehicle with expired license plate.
[01:39:18.280 --> 01:39:27.280]  A person commits an offense if, after the fifth working day, after the date the registration for the vehicle expires.
[01:39:27.280 --> 01:39:29.280]  Well, ta-da.
[01:39:29.280 --> 01:39:33.280]  Again, we have a daisy-chain problem.
[01:39:33.280 --> 01:39:42.280]  If you don't have registration to begin with because of all the criteria we've laid out so far, then your registration cannot expire.
[01:39:42.280 --> 01:39:48.280]  If your registration can't expire, where do they get off charging you under this section?
[01:39:48.280 --> 01:39:54.280]  Now, Section 502-408, operation of vehicle with the wrong license plate.
[01:39:54.280 --> 01:40:10.280]  A person commits an offense if the person operates or as the owner permits another to operate on a public highway a motor vehicle that has attached to it a number plate or registration insignia issued for a different vehicle.
[01:40:10.280 --> 01:40:14.280]  An offense under this subsection is a misdemeanor.
[01:40:14.280 --> 01:40:27.280]  Now, notice you have to be operating a motor vehicle that has a license plate belonging to another vehicle in order to commit an offense here.
[01:40:27.280 --> 01:40:52.280]  502-409, wrong, fictitious, altered, or obscured license plate. A person commits an offense if the person attaches to or displays on a motor vehicle a number plate or registration insignia that is assigned to a different motor vehicle, is assigned to the vehicle under any other motor vehicle law other than by the department,
[01:40:52.280 --> 01:41:13.280]  is assigned for a registration period other than the registration period in effect, is fictitious, has blurring or reflective matter, has an attached illuminated device or sticker decal or emblem or other insignia that is not authorized by law and that interferes with the readability of the letters or numbers of the license plate,
[01:41:13.280 --> 01:41:34.280]  or the name of the state in which the vehicle is registered, has a coating covering protective material or other apparatus that distorts angular visibility or detectability, alters or obscures one half or more of the name of the state in which the vehicle is registered, or alters or obscures the letters or numbers of the license plate number or the color of the plate.
[01:41:34.280 --> 01:41:38.280]  There's all kinds of things they love to put in this.
[01:41:38.280 --> 01:41:48.280]  Now let's back up one more. Operation of vehicle without license plate or registration insignia.
[01:41:48.280 --> 01:42:08.280]  502.404. A person commits an offense if the person operates on a public highway during a registration period, a passenger car or commercial motor vehicle that does not display two license plates at the front and rear of the vehicle.
[01:42:08.280 --> 01:42:21.280]  All right, remember before we started this when we're talking terminology, a passenger is someone that is involved in commerce. They are paying a driver to transport them from one place to another.
[01:42:21.280 --> 01:42:34.280]  A passenger vehicle would be something such as a taxi, a shuttle bus, anything of that nature, a hired limousine, not your private limousine, but a hired limousine.
[01:42:34.280 --> 01:42:38.280]  Okay, those are passenger vehicles.
[01:42:38.280 --> 01:42:45.280]  Wait, you're saying that my personal private limousine is not commercial?
[01:42:45.280 --> 01:42:51.280]  It's not commercial. You may be paying the guy to drive it, but that vehicle is not used in commerce.
[01:42:51.280 --> 01:42:54.280]  So I'm safe with my limo?
[01:42:54.280 --> 01:43:08.280]  Yes. According to the way the statute is worded, all the court cases clearly show that for your personal business or pleasure, your driver and your private limousine is your personal business.
[01:43:08.280 --> 01:43:14.280]  The vehicle itself is not engaged in commerce upon the roads.
[01:43:14.280 --> 01:43:16.280]  So I'm safe.
[01:43:16.280 --> 01:43:17.280]  You very well should be.
[01:43:17.280 --> 01:43:19.280]  As soon as I get my limo.
[01:43:19.280 --> 01:43:21.280]  Yes.
[01:43:21.280 --> 01:43:35.280]  All right. So given that, there's virtually no way for them to lawfully charge an unregistered vehicle with failure to be registered and failure to have a license plate.
[01:43:35.280 --> 01:43:50.280]  Because it's very clear through the daisy changing of the statutes that when you eliminate that key factor of having to have a driver's license, you eliminate all the factors dependent upon the driver's license.
[01:43:50.280 --> 01:43:53.280]  There's just no other way to come about to that conclusion.
[01:43:53.280 --> 01:44:00.280]  It's like trying to build a house on stilts without the stilts.
[01:44:00.280 --> 01:44:06.280]  As an engineer, Randy, what would be the end result of that?
[01:44:06.280 --> 01:44:08.280]  A much flatter house, right?
[01:44:08.280 --> 01:44:13.280]  Yeah, I think I would wind up on my butt.
[01:44:13.280 --> 01:44:15.280]  All right.
[01:44:15.280 --> 01:44:21.280]  I understand the way you have presented.
[01:44:21.280 --> 01:44:30.280]  I've talked to a lot of people who dealt with traffic, but you're the first one who went through it piece by piece.
[01:44:30.280 --> 01:44:34.280]  Well, it's really the only way to tie it together and understand it from the study I've made of it.
[01:44:34.280 --> 01:44:49.280]  If you try to jump in it without going piece by piece, then you wind up with a mass of confusion simply because they give so many different definitions of the same term in various locations under each of these pieces.
[01:44:49.280 --> 01:44:55.280]  The term motor vehicle under insurance is different than the term motor vehicle under rules of the road.
[01:44:55.280 --> 01:44:57.280]  I mean, they change it all over the place.
[01:44:57.280 --> 01:45:04.280]  So if you don't go through it piece by piece, it will not make sense, and I believe that's intentional.
[01:45:04.280 --> 01:45:12.280]  Now, let's deal with section 502.402, operation of unregistered motor vehicle.
[01:45:12.280 --> 01:45:20.280]  A person commits an offense if the person operates a motor vehicle that has not been registered as required by law.
[01:45:20.280 --> 01:45:26.280]  An offense under this section is a misdemeanor punishable by a fine not to exceed $200.
[01:45:26.280 --> 01:45:27.280]  Well, guess what?
[01:45:27.280 --> 01:45:39.280]  By taking registration off of my private automobile, I have not committed an offense because my private automobile, according to the attorney general, is not a motor vehicle.
[01:45:39.280 --> 01:45:41.280]  It is not a use for commerce.
[01:45:41.280 --> 01:45:47.280]  It is used for my private business and pleasure, not that of commercial activity.
[01:45:47.280 --> 01:45:54.280]  So I cannot commit the offense of operation of unregistered motor vehicle because it's not one.
[01:45:54.280 --> 01:45:59.280]  Again, in order to register it, we go right back to the daisy chain.
[01:45:59.280 --> 01:46:02.280]  I've got to have insurance.
[01:46:02.280 --> 01:46:04.280]  I've got to have a Social Security number.
[01:46:04.280 --> 01:46:17.280]  I've got to have a driver's license or I cannot register the vehicle and convert it from a private automobile to a motor vehicle.
[01:46:17.280 --> 01:46:24.280]  So at that point, it's pretty much cut and dry that you eliminate the need of a driver's license.
[01:46:24.280 --> 01:46:33.280]  You have eliminated the need for all the other things the transportation code says is mandatory upon those engaged in commerce.
[01:46:33.280 --> 01:46:37.280]  How do we specify and clarify that it involves only commerce?
[01:46:37.280 --> 01:46:41.280]  We go right back to the root item again, the driver's license.
[01:46:41.280 --> 01:46:48.280]  It is an occupational license or it is a commercial driver's license.
[01:46:48.280 --> 01:46:51.280]  Those two things are commerce.
[01:46:51.280 --> 01:46:56.280]  Without them, none of the rest of the commercial rules apply.
[01:46:56.280 --> 01:47:00.280]  It really is a house without stilts.
[01:47:00.280 --> 01:47:17.280]  If you remove the need of the driver's license, which is clear from Section 501.001 or 521.001, it is very clear that you do not have to have a driver's license in Texas if you're not engaged in commerce.
[01:47:17.280 --> 01:47:23.280]  So if I'm not a truck driver, I don't fall under?
[01:47:23.280 --> 01:47:24.280]  Correct.
[01:47:24.280 --> 01:47:29.280]  If you are not a delivery driver, if you deliver pizzas for Pizza Hut, you're a delivery driver.
[01:47:29.280 --> 01:47:31.280]  You're involved in commerce.
[01:47:31.280 --> 01:47:40.280]  While you're on the job at Pizza Hut, you need a driver's license and you better be driving a registered vehicle because you are engaged in commerce.
[01:47:40.280 --> 01:47:46.280]  But if you're taking Aunt Pearl to the supermarket in the same car, you don't need to have any of that.
[01:47:46.280 --> 01:47:59.280]  And I was talking to Harmon Taylor about this issue and Harmon is another one of those really clear thinkers and Harmon was an attorney.
[01:47:59.280 --> 01:48:01.280]  He's not a disbarred attorney.
[01:48:01.280 --> 01:48:04.280]  He gave them back their bar card.
[01:48:04.280 --> 01:48:05.280]  Right.
[01:48:05.280 --> 01:48:21.280]  But he said something that really struck me that when the officer comes into court and testified that he observed the individual driving a motor vehicle at a certain speed,
[01:48:21.280 --> 01:48:37.280]  an objection requires a conclusion implies facts, not an evidence. And it took me a minute to understand how he got there.
[01:48:37.280 --> 01:48:39.280]  Requires a conclusion.
[01:48:39.280 --> 01:48:44.280]  How did the officer determine that you were driving a motor vehicle?
[01:48:44.280 --> 01:48:46.280]  Exactly.
[01:48:46.280 --> 01:48:49.280]  How does he determine any of those things?
[01:48:49.280 --> 01:48:54.280]  He is not qualified to make that determination, obviously.
[01:48:54.280 --> 01:49:00.280]  This is how we invoke the argument at the get-go.
[01:49:00.280 --> 01:49:16.280]  When the officer begins to testify, we object to the testimony because it is the opinion of the officer that I am driving a motor vehicle that's not a fact that's been established before the court.
[01:49:16.280 --> 01:49:21.280]  Exactly. And that's one of the key points that I try to stress to folks.
[01:49:21.280 --> 01:49:26.280]  The rules of evidence apply in these municipal court cases.
[01:49:26.280 --> 01:49:35.280]  And there's a couple of rules that I want to go over with you guys as we have discussions here because I'm sure someone's going to ask the question that's going to key in on it
[01:49:35.280 --> 01:49:42.280]  about what about the tapes the cops like to use to show what they were doing and as their backup evidence and so on and so forth.
[01:49:42.280 --> 01:50:05.280]  But the fact of the matter is that in a criminal proceeding, including a traffic ticket, the same rules of evidence apply and the same necessity for conviction applies as if it was a case for murder beyond a reasonable doubt.
[01:50:05.280 --> 01:50:13.280]  If the officer cannot produce evidence of a motor vehicle, then his statement is inadmissible.
[01:50:13.280 --> 01:50:18.280]  He can't produce facts to ground himself that this was a motor vehicle that you were in.
[01:50:18.280 --> 01:50:23.280]  Right. The officer cannot testify that you were driving a motor vehicle.
[01:50:23.280 --> 01:50:27.280]  He can only testify to facts.
[01:50:27.280 --> 01:50:28.280]  There you go.
[01:50:28.280 --> 01:50:41.280]  You can testify that you were operating a vehicle while in commerce, but driving a motor vehicle would be a legal conclusion based on the fact that you were in commerce.
[01:50:41.280 --> 01:50:42.280]  Right.
[01:50:42.280 --> 01:50:49.280]  But again, how does he come to the legal conclusion you were engaged in commerce unless you admitted to being engaged in commerce?
[01:50:49.280 --> 01:50:54.280]  He can come to that conclusion, but he can't testify to it in court.
[01:50:54.280 --> 01:50:58.280]  In court, he can only testify to the facts that led him to that conclusion.
[01:50:58.280 --> 01:51:03.280]  It's place in the court to come to the conclusion rather not he was in commerce.
[01:51:03.280 --> 01:51:09.280]  So if he attempts to testify to it, the object implies facts, not an evidence.
[01:51:09.280 --> 01:51:19.280]  If I am in commerce, if I am a driving a motor vehicle, you must produce evidence that would lead the court to that conclusion.
[01:51:19.280 --> 01:51:27.280]  You cannot come to that conclusion for the court, implies facts, not an evidence.
[01:51:27.280 --> 01:51:41.280]  The key to what I've been looking at on this, or I wouldn't say key, but one of the tactics that I am trying to use on this is trying to get the jury's frame of mind set to the way that I know it's supposed to work,
[01:51:41.280 --> 01:51:47.280]  because they go in with a preconceived notion that matches more or less the cops.
[01:51:47.280 --> 01:51:52.280]  They think that after all this time, this is what they are required to do.
[01:51:52.280 --> 01:51:56.280]  That makes it very difficult for you if you're having a jury trial.
[01:51:56.280 --> 01:52:08.280]  At the same token, you really are taking a chance, leaving the facts of the case up to the hands of a judge who wants nothing more than to convict you because they benefit from the conviction.
[01:52:08.280 --> 01:52:14.280]  So given that, you need to start considering setting the framework of the mind of the jury.
[01:52:14.280 --> 01:52:28.280]  So the first thing that you need to try to get in is regarding the license, because if you're like me, one of the charges is going to be no driver's license.
[01:52:28.280 --> 01:52:40.280]  Therefore, I can introduce facts relevant to that to disengage the other facts from the case and say, okay, officer, what is a driver's license?
[01:52:40.280 --> 01:52:49.280]  Well, he's going to give his definition, but then you can simply ask him, is that the definition within the statute?
[01:52:49.280 --> 01:52:57.280]  And he's going to have to say no, because 99% of the time it is not, and if it is, then it will only be part of it.
[01:52:57.280 --> 01:53:01.280]  They will never get to the part that says occupational license.
[01:53:01.280 --> 01:53:06.280]  They just simply go, well, it's a license you've got to have to drive.
[01:53:06.280 --> 01:53:14.280]  Well, can you be more specific? What is the statutory definition of a driver's license?
[01:53:14.280 --> 01:53:23.280]  Do you know I have literally had both the prosecuting attorney and the judge object to me asking that question,
[01:53:23.280 --> 01:53:35.280]  which right there shows that they already know the answer, but they are not going to let the jury hear it.
[01:53:35.280 --> 01:53:41.280]  So be aware, you've got to have more than one card up your sleeve with these guys.
[01:53:41.280 --> 01:53:49.280]  You might, yeah, we might need a more artful way of getting to that.
[01:53:49.280 --> 01:54:00.280]  Well, yeah, the way I've tried to consider doing that is I write up the specific things that I wish to have introduced at trial.
[01:54:00.280 --> 01:54:05.280]  As you pointed out, Randy, that the secretion of evidence is a felony.
[01:54:05.280 --> 01:54:14.280]  So whenever I encounter one of these people that pulls me over for any reason, I keep a stack of these documents in my car,
[01:54:14.280 --> 01:54:21.280]  and I have my tape recorder saying I am giving you this document, this document is titled such and such,
[01:54:21.280 --> 01:54:28.280]  and I don't care if you read it or not, I am making the information available to you.
[01:54:28.280 --> 01:54:38.280]  And since it is now an official part of this stop, it can be introduced as evidence in court of what transpired here.
[01:54:38.280 --> 01:54:39.280]  Foundation.
[01:54:39.280 --> 01:54:41.280]  Exactly.
[01:54:41.280 --> 01:54:48.280]  So now I can actually get it in to court, those particular things that we're dealing with out of the code,
[01:54:48.280 --> 01:54:54.280]  because believe me, the prosecutor and the judge do not want you telling the law to the jury.
[01:54:54.280 --> 01:55:00.280]  Even if you read it out of the book, they don't want the jury to hear it.
[01:55:00.280 --> 01:55:10.280]  I have literally sat there and verbatim quoted statute to the jury cases and had the judge,
[01:55:10.280 --> 01:55:15.280]  while sitting on the bench, stand up and say it does not say that.
[01:55:15.280 --> 01:55:21.280]  In direct violation of the law, he's not allowed to testify to the evidence or speak to the evidence,
[01:55:21.280 --> 01:55:24.280]  and he's certainly not allowed to testify from the bench.
[01:55:24.280 --> 01:55:33.280]  I have stood in temple in Belle County and said, Mr. Bailiff, do you hear that?
[01:55:33.280 --> 01:55:35.280]  Bailiff said, yes, I did.
[01:55:35.280 --> 01:55:37.280]  Drag that judge down off that bench.
[01:55:37.280 --> 01:55:38.280]  Judge, you get off that bench.
[01:55:38.280 --> 01:55:40.280]  You're disqualified.
[01:55:40.280 --> 01:55:46.280]  And the judge jumped up and said, clear the jury, clear the jury.
[01:55:46.280 --> 01:55:49.280]  That was for just that kind of thing.
[01:55:49.280 --> 01:55:52.280]  Yeah, they will do anything they can.
[01:55:52.280 --> 01:55:56.280]  And as I said, it comes right back down to the same thing in every case.
[01:55:56.280 --> 01:55:58.280]  It is about the money.
[01:55:58.280 --> 01:56:06.280]  Imagine how much money the state bleeds out of the people that are not involved in commerce
[01:56:06.280 --> 01:56:12.280]  by making them believe it is a duty that they have to pay it.
[01:56:12.280 --> 01:56:17.280]  They go from millions a year to billions a year.
[01:56:17.280 --> 01:56:23.280]  It is very profitable for them to continue to lie to us about what the law is and what it says
[01:56:23.280 --> 01:56:25.280]  and what it's limited to.
[01:56:25.280 --> 01:56:32.280]  And we as good sheeple need to stop being sheared and become a wolf in sheep's clothing
[01:56:32.280 --> 01:56:37.280]  and start biting the hand that steals from us.
[01:56:37.280 --> 01:56:44.280]  And so that's one of the things where I was very glad to discover Rule of Law Radio and Mr. Kelton here.
[01:56:44.280 --> 01:56:50.280]  He inspired me to research new facets other than just whining about the ones that I knew existed.
[01:56:50.280 --> 01:56:56.280]  I still had no knowledge of how to apply them in a manner that allowed me to grow teeth to bite back.
[01:56:56.280 --> 01:56:58.280]  Now I know.
[01:56:58.280 --> 01:57:04.280]  And I've got the people here in Nacogdoches giving me sideways glances at every chance
[01:57:04.280 --> 01:57:07.280]  rather than dealing with me face to face.
[01:57:07.280 --> 01:57:09.280]  And that's going to get worse.
[01:57:09.280 --> 01:57:10.280]  Oh, yeah.
[01:57:10.280 --> 01:57:18.280]  But it will instill in you a sense of hope to take the information that they're providing to you here,
[01:57:18.280 --> 01:57:23.280]  that people such as I in my own humble fashion have strung together over the years
[01:57:23.280 --> 01:57:30.280]  and have tried to come up with a logical, sound basis that involves the law.
[01:57:30.280 --> 01:57:34.280]  Because in most cases, law is all they're going to listen to.
[01:57:34.280 --> 01:57:36.280]  They're not going to listen to the straw man theory.
[01:57:36.280 --> 01:57:41.280]  They're not going to listen to UCC argument unless you can tie it into the law in such a way
[01:57:41.280 --> 01:57:46.280]  that it is irrevocably a part of what you're arguing.
[01:57:46.280 --> 01:57:52.280]  Yes. And let me give you fair warning to everyone who would try this.
[01:57:52.280 --> 01:58:01.280]  The judge and the prosecutor are simply going to ignore the law when you bring it to them.
[01:58:01.280 --> 01:58:09.280]  But since you brought them the law, you get to beat the crapola out of them for the next six months.
[01:58:09.280 --> 01:58:15.280]  If we get enough people doing this and eliminate the careers of enough prosecutors and judges,
[01:58:15.280 --> 01:58:19.280]  we will reach a point where we won't have to do this anymore.
[01:58:19.280 --> 01:58:21.280]  All right. Well, listen, we're going to break.
[01:58:21.280 --> 01:58:27.280]  We're going to open up the phone lines now for questions for Eddie and ourselves.
[01:58:27.280 --> 01:58:32.280]  I know we have Chris Emory who's going to be calling in with some important news from Oklahoma.
[01:58:32.280 --> 01:58:35.280]  And don't forget House Bill 4653.
[01:58:35.280 --> 01:58:39.280]  I'll make another announcement about that on the other side.
[01:58:39.280 --> 01:58:40.280]  This is a rule of law.
[01:58:40.280 --> 01:58:43.280]  Randy Kelton, Deborah Stevens, our special guest, Eddie Craig.
[01:58:43.280 --> 01:58:58.280]  We'll be right back.
[01:59:13.280 --> 01:59:40.280]  He brought the kitchen.
[01:59:40.280 --> 01:59:52.280]  Mr.