[00:00.000 --> 00:09.720]  A Palestinian protester was killed Saturday by an Israeli tear gas grenade near the separation
[00:09.720 --> 00:12.440]  fence at the West Bank village of Belin.
[00:12.440 --> 00:18.520]  Jawar Abu-Ramah was the sister of Bassem Abu-Ramah, who was also killed by a tear gas grenade
[00:18.520 --> 00:19.520]  in 2009.
[00:19.520 --> 00:25.360]  The Israel Defense Force uses tear gas known as CS, which studies show have caused several
[00:25.360 --> 00:30.880]  deaths as well as eye and lung injuries and skin diseases.
[00:30.880 --> 00:36.400]  African Union leaders Monday launched a fresh push for a diplomatic solution to the political
[00:36.400 --> 00:42.160]  crisis in Cote d'Ivoire, piling pressure on the defiant leader Laurent Gbagbo to resign
[00:42.160 --> 00:45.280]  as president and avoid armed intervention.
[00:45.280 --> 00:51.120]  The UN said extrajudicial killings and kidnappings by pro-Gbagbo forces have so far claimed the
[00:51.120 --> 00:54.440]  lives of nearly 200 people.
[00:54.440 --> 00:59.800]  TV evangelist Pat Robertson has spoken out against the criminalization of marijuana.
[00:59.800 --> 01:04.400]  Robertson, previously known for homophobic and Islamophobic remarks and calling for the
[01:04.400 --> 01:10.940]  assassination of Venezuelan president Hugo Chavez, told viewers of the 700 Club the criminalization
[01:10.940 --> 01:17.000]  of marijuana was, quote, costing us a fortune and it's ruining young people.
[01:17.000 --> 01:23.040]  A group of Gazan youth has issued a manifesto expressing frustration with Hamas' violent
[01:23.040 --> 01:28.520]  crackdowns on Western decadence, the destruction wreaked by Israel and the political games
[01:28.520 --> 01:30.760]  played by Fatah and the UN.
[01:30.760 --> 01:35.880]  The Gaza youth's manifesto for change, which has been seen by thousands on the internet,
[01:35.880 --> 01:42.200]  begins, quote, we, the youth in Gaza, are set up with Israel, Hamas, the occupation,
[01:42.200 --> 01:46.960]  the violations of human rights and the indifference of the international community.
[01:46.960 --> 01:52.520]  The document goes on, we are scared of being incarcerated, interrogated, tortured, bombed
[01:52.520 --> 01:53.520]  or killed.
[01:53.520 --> 01:55.080]  We are afraid of living.
[01:55.080 --> 02:00.880]  The manifesto ends with demands for freedom, a, quote, normal life and peace.
[02:00.880 --> 02:05.680]  More than half the 1.5 million population of Gaza is under 18.
[02:05.680 --> 02:10.760]  With high unemployment and little access to job markets after graduation, many young people
[02:10.760 --> 02:14.320]  feel they have reached a dead end.
[02:14.320 --> 02:19.120]  Daryl Issa, chairman of the House Oversight Committee, said Sunday, Attorney General Eric
[02:19.120 --> 02:24.640]  Holder should quit if he can't stop WikiLeaks from disclosing government documents.
[02:24.640 --> 02:28.960]  As chairman of the Oversight Panel, when the new Congress convenes Wednesday, Issa has
[02:28.960 --> 02:34.520]  the authority to investigate government waste and fraud and can issue subpoenas.
[02:34.520 --> 02:39.800]  Issa said his committee would address WikiLeaks so the diplomats can do their job with confidence
[02:39.800 --> 02:43.000]  and people can talk to our government with confidence.
[02:43.000 --> 02:47.680]  Issa reiterated Holder's statements that the US government was considering using the US
[02:47.680 --> 02:51.080]  Espionage Act and other laws to prosecute Assange.
[02:51.080 --> 02:56.080]  For more details on these stories, visit www.inmworldreport.net.
[02:56.080 --> 03:09.080]  You are listening to the Rule of Law Radio Network at rulelawradio.com, live free speech
[03:09.080 --> 03:38.080]  and talk radio at its best.
[03:40.080 --> 03:45.080]  Bad boys, bad boys, whatcha gonna do?
[03:45.080 --> 03:48.080]  Whatcha gonna do when they come for you?
[03:48.080 --> 03:51.080]  Bad boys, bad boys, whatcha gonna do?
[03:51.080 --> 03:53.080]  Whatcha gonna do when they come for you?
[03:53.080 --> 03:59.080]  When you were eight and you had bad traits, you'd go to school and learn the golden rule.
[03:59.080 --> 04:02.080]  So why are you acting like a bloody fool?
[04:02.080 --> 04:04.080]  If you get hot, then you must get cool.
[04:04.080 --> 04:07.080]  Bad boys, bad boys, whatcha gonna do?
[04:07.080 --> 04:10.080]  Whatcha gonna do when they come for you?
[04:10.080 --> 04:38.080]  All right, folks, good evening, this is Rule of Law Radio.
[04:38.080 --> 04:43.080]  This is the Texas Code of Criminal Procedures for Appointing Counsel in the Texas Code of Criminal Procedure.
[04:43.080 --> 04:44.080]  So please hang in there.
[04:44.080 --> 04:48.080]  I do see you, and I will get to you just as quickly as I can.
[04:48.080 --> 04:58.080]  Okay, when you go into a court, especially one of the lower courts here in Texas, especially in cases of fine-only misdemeanors,
[04:58.080 --> 05:06.080]  you are told unequivocally that you do not have the right to have counsel appointed to you.
[05:06.080 --> 05:17.080]  Now, the Texas Constitution that I've read says that the accused has the right to assistance of counsel in all criminal proceedings.
[05:17.080 --> 05:29.080]  Code of Criminal Procedure Article 1.05 and 1.051 specifically state that the accused has the right to assistance of counsel in all criminal proceedings.
[05:29.080 --> 05:38.080]  The Supreme Court ruled in 2008 in Gillespie or Rockary v. Gillespie County that in any adversarial proceeding,
[05:38.080 --> 05:43.080]  the right to assistance of counsel is invoked.
[05:43.080 --> 06:01.080]  So what I would like to point out here is where the Texas legislature gets the idea that it can deny the people of Texas in a guaranteed protected constitutional right to assistance of counsel in all criminal proceedings
[06:01.080 --> 06:08.080]  by attempting to create a statute that purports to deprive us of that very right.
[06:08.080 --> 06:14.080]  The statute in question here is Article 26.04, Code of Criminal Procedure.
[06:14.080 --> 06:19.080]  Now, before I get to that directly, there's something else I would like to point out,
[06:19.080 --> 06:26.080]  and that is that we've already established that the courts, including the lower courts in fine-only cases,
[06:26.080 --> 06:33.080]  are required to perform the actions of 1517 Code of Criminal Procedure.
[06:33.080 --> 06:43.080]  And part of those actions that are clearly established in 1517 is to inform the accused of his right to retain counsel,
[06:43.080 --> 06:54.080]  of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state,
[06:54.080 --> 07:01.080]  and of his right to terminate the interview at any time, and of his right to have an examining trial.
[07:01.080 --> 07:09.080]  Now, this is in 1517 and applies to every criminal case, regardless of level.
[07:09.080 --> 07:15.080]  Whether it be a class C fine-only misdemeanor or a first-degree felony,
[07:15.080 --> 07:24.080]  these things are to be done if there is no formal charges currently on file against the accused.
[07:24.080 --> 07:31.080]  Now, the reason that exists that way is because, as Randy's noted with one of the cases he cited,
[07:31.080 --> 07:38.080]  is that there are times when there are no formal charges made against the person that is brought before the magistrate.
[07:38.080 --> 07:45.080]  For instance, here would be somebody that is a material witness in a case,
[07:45.080 --> 07:55.080]  but the possibility is the witness will flee, go into hiding, basically just vacate any ability of the state or anyone else
[07:55.080 --> 08:00.080]  to locate them in order to act as a witness in a case.
[08:00.080 --> 08:03.080]  So in that particular instance, there are no formal charges.
[08:03.080 --> 08:11.080]  1517 was to establish that when that individual is brought before a magistrate, the magistrate did an examining trial,
[08:11.080 --> 08:21.080]  or didn't actually under 1517, established certain things about the accused in accordance with 1517,
[08:21.080 --> 08:27.080]  which would also include the information to the accused that they have the right to an examining trial.
[08:27.080 --> 08:36.080]  In other words, you have the right to be told and to have a probable cause determination made on why we are holding you.
[08:36.080 --> 08:41.080]  But of course, we all know the lower courts don't do that.
[08:41.080 --> 08:50.080]  We also know that the lower courts blatantly lie to the accused and tell them that they do not have the right to assistance of counsel
[08:50.080 --> 08:56.080]  because their fine-only offense does not involve incarceration.
[08:56.080 --> 08:58.080]  Well, there's a problem with that.
[08:58.080 --> 09:08.080]  The Texas Constitution nor the Constitution for the United States nor 1.05 Code of Criminal Procedure or 1.051 Code of Criminal Procedure
[09:08.080 --> 09:21.080]  or even 15.17 Code of Criminal Procedure says that you are limited in that right to confinement-only offenses.
[09:21.080 --> 09:24.080]  Nowhere does it say that.
[09:24.080 --> 09:35.080]  But 26.04 is a statute enacted by the legislature to make it clear that you are being denied in your right to assistance of counsel
[09:35.080 --> 09:37.080]  in a Class C misdemeanor.
[09:37.080 --> 09:41.080]  And I'll get to that point over here in just a second.
[09:41.080 --> 09:47.080]  But this goes on in 1517, and it says the following.
[09:47.080 --> 09:54.080]  The magistrate shall ensure that reasonable assistance in completing the necessary forms for requesting appointment of counsel
[09:54.080 --> 09:58.080]  is provided to the person at the same time.
[09:58.080 --> 10:03.080]  At the same time meaning while they're being informed of their assistance of counsel,
[10:03.080 --> 10:09.080]  they're also being aided in preparing the forms to request assistance of counsel.
[10:09.080 --> 10:19.080]  Now, it goes on. If the person arrested is indigent and requests appointment of counsel and if the magistrate is authorized
[10:19.080 --> 10:25.080]  under Article 26.04 to appoint counsel for indigent defendants in the county,
[10:25.080 --> 10:35.080]  now the specific magistrates authorized in 26.04 are the county judge, the district judge, and let's see,
[10:35.080 --> 10:39.080]  statutory county court judges.
[10:39.080 --> 10:51.080]  Those three levels of judges are the only ones that can apply the assistance of counsel rule.
[10:51.080 --> 10:53.080]  And it goes on again.
[10:53.080 --> 10:59.080]  If the magistrate is authorized under 26.04 to appoint counsel for indigent defendants in the county,
[10:59.080 --> 11:06.080]  the magistrate shall appoint counsel in accordance with Article 1.051.
[11:06.080 --> 11:13.080]  If the magistrate is not authorized to appoint, the magistrate shall, without unnecessary delay,
[11:13.080 --> 11:20.080]  but not later than 24 hours after the person arrested requests appointment of counsel,
[11:20.080 --> 11:30.080]  transmit or cause to be transmitted to the court or to the court's designee authorized under Article 26.04
[11:30.080 --> 11:37.080]  to appoint counsel in the county and send the forms requesting the appointment of counsel.
[11:37.080 --> 11:42.080]  In other words, if the magistrate is not authorized to appoint, the forms requesting the appointment of counsel
[11:42.080 --> 11:48.080]  shall be sent to one of the three court magistrates prior named here,
[11:48.080 --> 11:54.080]  county court judge, district court judge, statutory county court judge.
[11:54.080 --> 12:02.080]  So that would mean that a justice or a municipal judge is directed by 1517 to forward the request
[12:02.080 --> 12:08.080]  for assistance of counsel to one of these three magistrates.
[12:08.080 --> 12:20.080]  Now, let's go to 26.04 and see how the legislature attempted to create a direct unconstitutional statute.
[12:20.080 --> 12:24.080]  26.04, procedures for appointing counsel.
[12:24.080 --> 12:31.080]  The judges of the county courts, statutory county courts, and district courts trying criminal cases in each county
[12:31.080 --> 12:38.080]  by local rule shall adopt and publish countywide procedures for timely and fairly appointing counsel
[12:38.080 --> 12:49.080]  for an indigent defendant in the county arrested for or charged with a misdemeanor punishable by confinement or a felony.
[12:49.080 --> 13:01.080]  The procedure must be consistent with this article and articles 1.051, 1517, and 26.05, and 26.052.
[13:01.080 --> 13:08.080]  A court shall appoint an attorney for a public appointment list using a system of rotation
[13:08.080 --> 13:14.080]  unless the court appoints an attorney under subsection F, H, or I.
[13:14.080 --> 13:19.080]  The court shall appoint attorneys from among the next five names on the appointment list in the order
[13:19.080 --> 13:26.080]  in which the attorney's names appear on the list unless the court makes a finding of good cause on the record
[13:26.080 --> 13:30.080]  for appointing an attorney out of order.
[13:30.080 --> 13:37.080]  Now, let's go back up to just the very first part of that where it specifically denotes that they can appoint counsel
[13:37.080 --> 13:44.080]  only in the case of a misdemeanor punishable by confinement or a felony.
[13:44.080 --> 13:51.080]  They have specifically excluded appointment of counsel for Class C misdemeanors,
[13:51.080 --> 13:57.080]  yet they have declared Class C misdemeanors to be criminal offenses.
[13:57.080 --> 14:01.080]  The Texas Constitution and the Texas Code of Criminal Procedure says
[14:01.080 --> 14:09.080]  that you have the right to assistance of counsel in all criminal proceedings that are adversarial in nature.
[14:09.080 --> 14:15.080]  And you've got to admit, meeting with a prosecutor, being interrogated by a police officer,
[14:15.080 --> 14:20.080]  or standing before a judge in a court to make a determination about your future welfare
[14:20.080 --> 14:26.080]  is an adversarial proceeding in any way you can imagine.
[14:26.080 --> 14:32.080]  Therefore, the right to assistance of counsel has attached.
[14:32.080 --> 14:39.080]  This specific statute that denies it by omission to those charged with Class C misdemeanors
[14:39.080 --> 14:45.080]  is a direct violation of the Texas Constitution.
[14:45.080 --> 14:51.080]  Now, believe it or not, I've got an annotated Code of Criminal Procedure.
[14:51.080 --> 14:59.080]  It names only one case dealing with this entire section, and this is a pretty big section, by the way,
[14:59.080 --> 15:07.080]  and that one case does not even begin to address this issue.
[15:07.080 --> 15:12.080]  Basically, they're saying because all we're trying to do is steal money from you
[15:12.080 --> 15:20.080]  instead of lock you up and steal money from you, you are losing one of your guaranteed rights.
[15:20.080 --> 15:29.080]  We're going to not give you assistance of counsel, even if you are indigent, because we're not locking you up,
[15:29.080 --> 15:35.080]  even though there is no such delineation or separation within the language of our Constitution,
[15:35.080 --> 15:42.080]  either federal or state, nor is there any delineation in the Code of Criminal Procedure
[15:42.080 --> 15:48.080]  dealing with the right to assistance of counsel.
[15:48.080 --> 15:54.080]  In this case, 26.04 does this, in my personal opinion.
[15:54.080 --> 16:04.080]  It is written and engineered to specifically diminish the outlay expense of the state to prosecute the fine-only offenses.
[16:04.080 --> 16:15.080]  In other words, the courts that they're trying you in have a statutory and constitutional jurisdictional limit of $200.
[16:15.080 --> 16:21.080]  They have to pay the attorney $350 to appear.
[16:21.080 --> 16:27.080]  Is it cost-effective to charge you with a citation?
[16:27.080 --> 16:36.080]  No, it's not, not unless they can do away with that $350 bill,
[16:36.080 --> 16:43.080]  and that would be by denying you in a specific protected right.
[16:43.080 --> 16:45.080]  All right, folks, we're going to break.
[16:45.080 --> 16:46.080]  Kerry, Ray, I see you on the board.
[16:46.080 --> 16:48.080]  I'll pick you up on the other side.
[16:48.080 --> 16:49.080]  This is Rule of Law Radio.
[16:49.080 --> 16:52.080]  Eddie Craig, Debra Stevens has the night off.
[16:52.080 --> 16:54.080]  January 3rd, 2011, folks.
[16:54.080 --> 16:55.080]  Y'all hang in there.
[16:55.080 --> 17:02.080]  We will be right back.
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[19:00.080 --> 19:28.080]  Music
[19:28.080 --> 19:33.080]  All right, folks. We are back. Rule of Law Radio. This is Monday night, the graphic night.
[19:33.080 --> 19:39.080]  I'm Eddie Craig. Deborah Stevens has the night off. Randy Kelton always has the night off, even when he's on.
[19:39.080 --> 19:47.080]  Okay. Now, we've just gone over how the legislature has attempted to deny us the protected right of assistance of counsel
[19:47.080 --> 19:53.080]  in fine-only offenses via Article 26.04 Texas Code of Criminal Procedure.
[19:53.080 --> 20:03.080]  This is one of the things that I am mapping out on the flow form that I'm doing for the process on this.
[20:03.080 --> 20:12.080]  What I'm doing is I am actually creating the flow of the actual process in accordance with the statutes.
[20:12.080 --> 20:19.080]  What I'm doing is I'm creating a flow chart that shows where the process is initiated by a citation, and then we go through,
[20:19.080 --> 20:24.080]  was this done, yes or no? And then when this is done, it invokes this statute.
[20:24.080 --> 20:29.080]  This statute in turn invokes the following statute or statutes.
[20:29.080 --> 20:35.080]  And we're basically going to build a graphical roadmap of the statutory sections.
[20:35.080 --> 20:45.080]  We are going to make it virtually impossible for any of these judges to deny that they're supposed to be doing something
[20:45.080 --> 20:51.080]  in a specific section of the Code of Criminal Procedure or any other code for that matter.
[20:51.080 --> 20:54.080]  But we're going to start here.
[20:54.080 --> 21:04.080]  In this particular way, we're going to be able to see step-by-step exactly what the law requires the magistrate or the prosecutor
[21:04.080 --> 21:10.080]  or anyone else to be doing and exactly what statute requires them to do it.
[21:10.080 --> 21:19.080]  This should give everybody in Texas the most straightforward way of doing their own research, their own reading,
[21:19.080 --> 21:29.080]  and getting their own understanding of what the statutes are, why they apply, when they apply, out of any way I can think of.
[21:29.080 --> 21:37.080]  And if I can get Joe Average to understand this flow chart, it's going to be laughable to see a judge try to knock it down
[21:37.080 --> 21:45.080]  and say, I don't understand this. Really? I showed it to my border colleague. Even he gets it. What's your problem?
[21:45.080 --> 21:51.080]  So we're going to take it to task here and make them pay for what they're doing.
[21:51.080 --> 21:57.080]  We're going to actually set this up where there's not going to be a way for them to back out of it anymore.
[21:57.080 --> 22:01.080]  This is one of the things that I fully intend to get before the legislature and show them.
[22:01.080 --> 22:05.080]  Here's the law you've engineered. Here's the way you've engineered it.
[22:05.080 --> 22:11.080]  Now, why won't the courts follow it? What's the problem?
[22:11.080 --> 22:15.080]  Why are the people of Texas being denied in their due process rights?
[22:15.080 --> 22:23.080]  Because these judges and these prosecutors either will not read the law or refuse to acknowledge it exists
[22:23.080 --> 22:29.080]  or follow it even when they do read it and know it exists.
[22:29.080 --> 22:35.080]  It's up to us folks. They're not going to hold themselves accountable. We're going to have to do it.
[22:35.080 --> 22:44.080]  So hopefully this will give us a very large hammer and a very powerful swing all in one little thing here.
[22:44.080 --> 22:51.080]  Okay. We're going to take your calls now. I see Carrie in California first. Carrie, how can we help you?
[22:51.080 --> 23:01.080]  Hi. I'm on California and I live in San Luis Obispo County, but the San Luis Obispo Police Department over the holidays,
[23:01.080 --> 23:06.080]  apparently they've been doing this for a while, but they decided to create a special album on their Facebook page
[23:06.080 --> 23:11.080]  of nothing but mugshots of people who have been arrested for DUI.
[23:11.080 --> 23:17.080]  So every time somebody's arrested for DUI right now, they're putting up the person's real name, the date that they were arrested,
[23:17.080 --> 23:20.080]  the place of residence, and their mugshot on Facebook.
[23:20.080 --> 23:28.080]  Oh goody. Guess what? Most states mugshot files are privacy protected by law.
[23:28.080 --> 23:35.080]  They are forbidden to make those items public except under specific means and circumstances.
[23:35.080 --> 23:41.080]  You need to find what the publication of booking information is via statute in that state.
[23:41.080 --> 23:50.080]  Okay. I'll have to find that out. And we also, we ended up going to the, because this year, well not this year, 2010 now,
[23:50.080 --> 23:56.080]  there was the election of the sheriff candidate, of a new sheriff, and we went to the sheriff's debate
[23:56.080 --> 24:00.080]  and we actually asked them a question about going before the magistrate, and both of them openly admitted
[24:00.080 --> 24:09.080]  that they don't always do that, and that was actually broadcast on local cable television of that debate that was public.
[24:09.080 --> 24:15.080]  So it's like we've already got the sheriffs on record that they don't follow due process to go before the magistrate,
[24:15.080 --> 24:24.080]  but that's like a whole other mess. So I'll have to look up how the booking information goes and then look at the privacy protection?
[24:24.080 --> 24:35.080]  That's correct. Most, for instance, here in Texas, it is a Class B misdemeanor to take information from an in-house computer
[24:35.080 --> 24:41.080]  at the sheriff's department, for example, and take it outside of the sheriff's department,
[24:41.080 --> 24:51.080]  unless there is a specific law authorizing its removal and use for other purposes. So there may be a similar law in California.
[24:51.080 --> 24:57.080]  If these people are doing this of their own volition and there's no law that allows them to do it,
[24:57.080 --> 25:03.080]  and specific law that actually prohibits it, they are in deep kimchi.
[25:03.080 --> 25:10.080]  Okay, then I'll have to look that up. And the other thing that was on the San Luis Obispo police department's Facebook page
[25:10.080 --> 25:13.080]  is that apparently they have a good driver certificate program.
[25:13.080 --> 25:20.080]  They were doing a program with Food for Less where they were somehow not using sirens or anything like that,
[25:20.080 --> 25:27.080]  but somehow the police were actually giving out certificates for free turkeys at Food for Less for good driving habits,
[25:27.080 --> 25:32.080]  like having your seat belt on and your children's seat put in and signaling.
[25:32.080 --> 25:34.080]  Who funded that?
[25:34.080 --> 25:40.080]  That's what I need to find out. Apparently it looks like Food for Less was part of the funding for it,
[25:40.080 --> 25:47.080]  but it makes no sense to me that our lovely Orwellian police state will pull you over and give you a ticket for not signaling,
[25:47.080 --> 25:53.080]  and then all of a sudden just during the holidays they'll pull you over and give you a certificate for good driving.
[25:53.080 --> 26:05.080]  Yeah. Well, if that's a privately sponsored program, you also may want to find out how are they able to use the public servants
[26:05.080 --> 26:07.080]  to facilitate that program.
[26:07.080 --> 26:10.080]  Yeah, how do they?
[26:10.080 --> 26:18.080]  And then the other question is if it was not funded privately, where did the funds come from and how were they allocated?
[26:18.080 --> 26:28.080]  Okay. All right. I've got some research to do, but I just wanted to call and confirm that by putting those mugshots on Facebook
[26:28.080 --> 26:31.080]  that that's essentially a breach of privacy.
[26:31.080 --> 26:38.080]  It very well could be. Again, it all depends upon what the laws of the state are. I know it is in Texas.
[26:38.080 --> 26:46.080]  Now, a lot of that information, the booking photo itself would not be a matter of public record most of the time.
[26:46.080 --> 26:53.080]  The fact that they were booked would be, but there wouldn't be a picture that they would normally give out in that regard.
[26:53.080 --> 27:00.080]  And the fact that these people are doing that leads me to believe they may have overstepped their authority a good bit.
[27:00.080 --> 27:08.080]  Okay. Then I will keep digging on that because, I mean, and putting it on Facebook is like it's so easy to find out.
[27:08.080 --> 27:16.080]  Now, here's another thing you want to find out. How many of these people they're putting up there were actually convicted of the DUI?
[27:16.080 --> 27:25.080]  If they're putting it up there that they've arrested these people for DUI and then they're not convicted of it, they've got a slander and libel on their hands.
[27:25.080 --> 27:29.080]  Yes, yes, defamation. So, yes.
[27:29.080 --> 27:34.080]  Well, they've got, it slanders. It's also libel because it's in print.
[27:34.080 --> 27:38.080]  Okay. Okay. So, it would be both.
[27:38.080 --> 27:39.080]  Right.
[27:39.080 --> 27:45.080]  All right. Well, thank you so much. Happy New Year and we'll be pointing the good point out here in California.
[27:45.080 --> 27:47.080]  Yes, ma'am. Good luck and keep with it.
[27:47.080 --> 27:49.080]  Okay. Thanks.
[27:49.080 --> 27:51.080]  Thank you. Bye-bye.
[27:51.080 --> 27:55.080]  All right. Let's go to Ray in Texas. Ray, what can we do for you?
[27:55.080 --> 27:57.080]  Hey, Eddie. How are you doing?
[27:57.080 --> 27:59.080]  I'm doing swell at the moment.
[27:59.080 --> 28:14.080]  Well, I got kind of a weird situation. There's a road that's by my house and on one side of the road it has a sign that says 40 miles an hour.
[28:14.080 --> 28:24.080]  That's going one, you know, one way and on the other side of the street they just installed a sign that says 35 miles an hour.
[28:24.080 --> 28:32.080]  Well, I was coming, it goes down a hill. I was coming down the hill and the officer, you know, turned his lights behind me and everything.
[28:32.080 --> 28:40.080]  And I know, because I looked down at my speedometer, I know I wasn't speeding. So, I was like curious as to why he was pulling me over.
[28:40.080 --> 28:47.080]  So, he pulled me over and I said, can I help you, officer? And he said, well, you were speeding. And I said, really?
[28:47.080 --> 28:59.080]  I said, well, how fast was I going? And he said, you were doing 57 in a 35. And I said, no, that's a 35 mile an hour curve because it's a curve.
[28:59.080 --> 29:04.080]  It's really impossible to go any faster around that curve. A lot of people have actually died on that curve.
[29:04.080 --> 29:15.080]  So, I asked him, I said, may I see your radar? And he wanted me to sign a ticket and I said, well, I would like to see your radar before I sign this ticket.
[29:15.080 --> 29:25.080]  And he said, no, that's not the way it works. I said, really? I said, am I under arrest? And then he said, yes, I mean, I'm detaining you.
[29:25.080 --> 29:33.080]  I said, so, if I don't find this ticket right now, you're going to take me to jail? And he said, yeah, that's the way it works.
[29:33.080 --> 29:41.080]  Well, that's not the way it works. He can't arrest you on speeding. It's mandatory that they issue you the citation on speeding.
[29:41.080 --> 29:45.080]  We're about to go to break. So, hang on just a minute, Ray, and we'll be right back with you.
[29:45.080 --> 29:50.080]  Okay, folks, this is Rule of Law Radio. Eddie Craig, Debra Steven has the night off.
[29:50.080 --> 30:12.080]  Just please hang in there. We'll be right back on the other side of the break.
[30:12.080 --> 30:21.080]  The official explanation is that fire brought down Building 7. Over 1,200 architects and engineers have looked into the evidence and believe there is more to the story.
[30:21.080 --> 30:32.080]  Bring justice to my son, my uncle, my nephew, my son. Go to buildingwhat.org. Why it fell, why it matters, and what you can do.
[30:32.080 --> 30:39.080]  You know those nakedizing body scanners at the airports? Are they really there for our safety or is there something else going on?
[30:39.080 --> 30:44.080]  I'm Dr. Catherine Albrecht, and I'll be back with some reasons why we may want to be a little suspicious.
[30:44.080 --> 30:49.080]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:49.080 --> 30:54.080]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:54.080 --> 30:59.080]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:59.080 --> 31:02.080]  Privacy. It's worth hanging on to.
[31:02.080 --> 31:13.080]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[31:13.080 --> 31:17.080]  Are airport body scanners a boondoggle? You be the judge.
[31:17.080 --> 31:23.080]  In 2005, Republican Homeland Security Chief Michael Chertoff bought several Rappascan nakedizing machines.
[31:23.080 --> 31:28.080]  When he resigned, he formed a security consultancy with Rappascan as a lobby client.
[31:28.080 --> 31:32.080]  Then he started promoting the scanners without mentioning his Rappascan connection.
[31:32.080 --> 31:40.080]  The CEO of Rappascan has also made large political contributions to Democrats, and he tagged along on President Obama's recent trip to India.
[31:40.080 --> 31:44.080]  Rappascan has clinched about $200 million in government contracts.
[31:44.080 --> 31:51.080]  But we have to wonder why, since the Government Accountability Office says the scanners may not even detect terrorist threats.
[31:51.080 --> 32:01.080]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:21.080 --> 32:29.080]  All right, folks. We are back. Rule of Law Radio. This is Eddie Craig.
[32:29.080 --> 32:42.080]  I'd like to remind folks that on the 8th, Saturday the 8th, from 3 to 6, we will be giving another seminar down at Brave New Books where we will be going over the flowchart I was speaking of earlier.
[32:42.080 --> 32:47.080]  We'll also be handing that out as part of the seminar material for that day.
[32:47.080 --> 32:53.080]  So please send me an email if you intend to be there.
[32:53.080 --> 33:02.080]  And before we get there on Saturday, I will make sure that everybody has a copy of the document so that they can have it printed out and bring it in with them.
[33:02.080 --> 33:07.080]  I will be able, hopefully, to present it on the overhead so everyone will be able to see it.
[33:07.080 --> 33:13.080]  But if you want a printed copy of it, then please send me an email to eddie at ruleoflawradio.com.
[33:13.080 --> 33:21.080]  And as soon as I get it completely done out, at least as far as we're going to be able to cover in the seminar, I will make sure to send everyone a copy of it.
[33:21.080 --> 33:30.080]  So again, Saturday, January 8th, 3 to 6 p.m., Brave New Books, $20 per person.
[33:30.080 --> 33:40.080]  And we will be going over exactly what the statutory mappings are for each step of the process that they're supposed to be doing in accordance with statute.
[33:40.080 --> 33:43.080]  Okay, let's get back to Ray. All right, Ray.
[33:43.080 --> 33:48.080]  He was telling you he was going to arrest you for not signing the ticket even though the charge was speeding.
[33:48.080 --> 33:50.080]  If I didn't sign the ticket.
[33:50.080 --> 33:51.080]  Right.
[33:51.080 --> 34:01.080]  That's just the way it is because I wanted to see his radar gun showing that I had done that speed because I know I hadn't done that speed because I looked at my speedometer.
[34:01.080 --> 34:10.080]  So I asked him, I said, well, if I sign this ticket, will you show me the radar gun? And he said, yes, I'll show the radar gun.
[34:10.080 --> 34:12.080]  So I didn't trust him.
[34:12.080 --> 34:15.080]  So what I did is I just did a wavy line.
[34:15.080 --> 34:17.080]  You know where you're supposed to sign?
[34:17.080 --> 34:20.080]  It's way above, not even in that space.
[34:20.080 --> 34:22.080]  It's like three inches above that.
[34:22.080 --> 34:23.080]  And I just did a wavy line.
[34:23.080 --> 34:24.080]  I didn't do my name.
[34:24.080 --> 34:26.080]  And I don't think he noticed that.
[34:26.080 --> 34:33.080]  So we went back to his police car and he looks in there and he says, oh, ain't that a shame?
[34:33.080 --> 34:35.080]  It automatically erases.
[34:35.080 --> 34:37.080]  And I said, are you kidding me?
[34:37.080 --> 34:41.080]  And I knew this was all being recorded because it's on the dashcam, right?
[34:41.080 --> 34:44.080]  Doesn't it record automatically?
[34:44.080 --> 34:46.080]  Yes, it does.
[34:46.080 --> 34:47.080]  Okay.
[34:47.080 --> 34:49.080]  So I knew this was all going to be on camera.
[34:49.080 --> 34:57.080]  And I said, well, you told me that you would show me where it showed that I was doing 57 miles an hour in a 35 mile an hour zone.
[34:57.080 --> 34:59.080]  And you promised me.
[34:59.080 --> 35:02.080]  And now you're telling me that it automatically erases?
[35:02.080 --> 35:06.080]  And the way he said it, you know, oh, ain't that a shame?
[35:06.080 --> 35:09.080]  Yeah, he was lying from the start.
[35:09.080 --> 35:10.080]  I'm sorry?
[35:10.080 --> 35:11.080]  He was lying from the start.
[35:11.080 --> 35:13.080]  They don't automatically erase it.
[35:13.080 --> 35:15.080]  He called in another police car.
[35:15.080 --> 35:17.080]  And she came up and said, is there a problem?
[35:17.080 --> 35:19.080]  I said, no, there's no problem.
[35:19.080 --> 35:21.080]  I'm just being lied to.
[35:21.080 --> 35:29.080]  I said, this man first off promised me to show me his radar gun where he radar'd me at this speed, which I knew I wasn't doing.
[35:29.080 --> 35:40.080]  And now he's telling me that it automatically erases and caught me into signing this ticket, which I know is illegal.
[35:40.080 --> 35:44.080]  And he said, and the guy kept saying, well, that's just the way it is.
[35:44.080 --> 35:45.080]  That's just the way it is.
[35:45.080 --> 35:47.080]  Take it up with the court.
[35:47.080 --> 35:52.080]  And I said, well, I said, sir, I said, that's not my signature on there.
[35:52.080 --> 35:55.080]  I said, that's just the squiggly line.
[35:55.080 --> 35:59.080]  He said, no, it's still going to stand up in court.
[35:59.080 --> 36:04.080]  And I said, well, I will see you in court then.
[36:04.080 --> 36:06.080]  OK.
[36:06.080 --> 36:09.080]  So this ticket just has a squiggly line.
[36:09.080 --> 36:10.080]  It doesn't have my signature on it.
[36:10.080 --> 36:13.080]  And where the signature is, they're just an X.
[36:13.080 --> 36:19.080]  Well, the first thing you need to do is subpoena the videotape and get it through Discovery.
[36:19.080 --> 36:21.080]  Subpoena.
[36:21.080 --> 36:24.080]  And do I go to the police station to do that?
[36:24.080 --> 36:29.080]  You can go down there and request a copy of the video from the officer's car on this date at this time.
[36:29.080 --> 36:31.080]  You need to do that as quickly as possible.
[36:31.080 --> 36:32.080]  OK.
[36:32.080 --> 36:36.080]  The thing about the police cars, they can activate the video at any time.
[36:36.080 --> 36:42.080]  Audio recording does not on most cruisers kick in until the lights are activated.
[36:42.080 --> 36:47.080]  Once the lights are activated, it goes into full record mode, audio and video.
[36:47.080 --> 36:49.080]  Yeah, they were on.
[36:49.080 --> 36:51.080]  And they were still on while he was...
[36:51.080 --> 36:54.080]  Yeah, you definitely want a copy of the tape.
[36:54.080 --> 36:57.080]  And you definitely...
[36:57.080 --> 37:01.080]  Please tell me you had your own recorder on as well.
[37:01.080 --> 37:04.080]  No, I didn't have a video or anything of it.
[37:04.080 --> 37:06.080]  No, no, no, an audio recorder.
[37:06.080 --> 37:11.080]  You have a digital audio recorder you carry with you when you encounter these morons, right?
[37:11.080 --> 37:13.080]  No, I didn't. I'm sorry. I didn't.
[37:13.080 --> 37:15.080]  You better get one of those.
[37:15.080 --> 37:16.080]  Yeah, I need your hand.
[37:16.080 --> 37:21.080]  First rule of self-protection, be able to prove what you're saying is going on,
[37:21.080 --> 37:25.080]  because they're not going to provide it to you if they can help it.
[37:25.080 --> 37:34.080]  But now on this ticket, since I just put a squiggly line and not my name, isn't that kind of something like...
[37:34.080 --> 37:41.080]  No, because according to the video, you used to sign something on the ticket. It's not going to matter what it is.
[37:41.080 --> 37:43.080]  Okay.
[37:43.080 --> 37:46.080]  Now, here is his problem, however.
[37:46.080 --> 37:53.080]  He's going to testify as to what manner and method he used to clock you on this road.
[37:53.080 --> 38:00.080]  Where is the information from the radar gun if it automatically erased? His evidence is gone.
[38:00.080 --> 38:11.080]  If it automatically erased where it could not show you the speed, it automatically erased where he can't use it in court.
[38:11.080 --> 38:15.080]  Yeah. I'm writing all those down. Sorry.
[38:15.080 --> 38:17.080]  Wow. I didn't think about that.
[38:17.080 --> 38:26.080]  Now, you also have the right to have all of the maintenance and tuning records to that particular radar unit.
[38:26.080 --> 38:35.080]  And they are very stringent. It is to be calibrated using the specific tuning fork for that radar gun at every shift change.
[38:35.080 --> 38:42.080]  If the law does not reflect this was done, he cannot verify the accuracy of his radar gun.
[38:42.080 --> 38:47.080]  Plus, he has another little problem, and that is the statute itself.
[38:47.080 --> 38:52.080]  Simply traveling faster than the posted speed limit is not an offense.
[38:52.080 --> 39:04.080]  It is only an offense if you violate the other provisions of 545.351 and 352.
[39:04.080 --> 39:14.080]  And that is that you operated your motor vehicle in a speed other than was reasonable and prudent under the circumstances then existing.
[39:14.080 --> 39:22.080]  The only way that assertion can be made with any reliability is if you lost control of your vehicle in front of the officer,
[39:22.080 --> 39:28.080]  you caused someone else to have an accident or lose control of their vehicle in front of the officer,
[39:28.080 --> 39:37.080]  you damaged property in front of the officer, or you had an accident in front of the officer.
[39:37.080 --> 39:45.080]  Those are the only ways that the officer can reasonably argue that you were traveling at a speed other than was reasonable and prudent.
[39:45.080 --> 39:50.080]  His opinion of how fast you were going does not mean butt kiss.
[39:50.080 --> 39:56.080]  Right. And that is what I am saying. It is his word against mine because, you know...
[39:56.080 --> 40:01.080]  That argument is not going to work simply because he is the cop.
[40:01.080 --> 40:07.080]  He is a liar and he is an idiot, but that still does not change anything in the eyes of the jury.
[40:07.080 --> 40:13.080]  Unless you can show with his own video that he intentionally lied to you.
[40:13.080 --> 40:24.080]  If you can disrepute him in the courtroom before the jury by showing he is a liar in the video, then you can show the jury he is a liar in the courtroom.
[40:24.080 --> 40:28.080]  Well, I am sure that the video picked it up when I asked him if I signed this ticket, do you promise to...
[40:28.080 --> 40:35.080]  Well, I am quite sure there will be a sarcastic tone to the awe it erased by itself.
[40:35.080 --> 40:39.080]  I am sure that is not going to sit well with the jury when they hear it.
[40:39.080 --> 40:44.080]  Yeah, because it was very... I mean it was so...
[40:44.080 --> 40:46.080]  Obscending?
[40:46.080 --> 40:58.080]  It was very condescending. I mean, just, you know, like, awe, like, you know, it was just very mean-bounded. I mean, just, you know...
[40:58.080 --> 41:04.080]  Yeah, and that is exactly how they are. He was out for revenue generation. That is exactly what he was there for.
[41:04.080 --> 41:08.080]  Now you get to go after him.
[41:08.080 --> 41:10.080]  You mean civilly or what?
[41:10.080 --> 41:18.080]  Yes. Once you fight this, you and win it, which you can easily do if you will listen to some of our archives from the last couple of weeks
[41:18.080 --> 41:25.080]  where I go over exactly this issue, including the cross-examination of a police officer on the stand.
[41:25.080 --> 41:31.080]  I have got the written questions for that. If you will send me an email, I will be more than happy to send you a copy.
[41:31.080 --> 41:32.080]  Okay.
[41:32.080 --> 41:40.080]  It is straight cross and direct examination of the police officer on the stand in a speeding citation case.
[41:40.080 --> 41:43.080]  I am going to hold you to the Rule of Law Radio website.
[41:43.080 --> 41:47.080]  Yes, eddy at ruleoflawradio.com.
[41:47.080 --> 41:54.080]  Got you. Okay. Well, very cool. I am looking very forward to this.
[41:54.080 --> 42:05.080]  Now if I go there and do this and I do not win, do I still have the other...
[42:05.080 --> 42:12.080]  You still have the right of appeal. You cannot sue for malicious prosecution unless the case is decided in your favor.
[42:12.080 --> 42:21.080]  So you need to practice and you need to bone up on these questions and how to ask them and exactly what the statutes are that you are relying on.
[42:21.080 --> 42:29.080]  So you will need to study 545.351 and 352 of the Texas Transportation Code.
[42:29.080 --> 42:31.080]  Okay.
[42:31.080 --> 42:39.080]  The other thing you are going to want on this officer is his oath of office, his anti-bribery statement, his official bond,
[42:39.080 --> 42:47.080]  and you want his certifications for traffic enforcement pursuant Rule 4.13, Texas Administrative Code.
[42:47.080 --> 42:51.080]  If he does not have these things, he should not have been out there in the first place.
[42:51.080 --> 42:59.080]  He was impersonating a public servant because he is acting outside of his jurisdiction.
[42:59.080 --> 43:04.080]  I asked him for a bond number and he did not know what I was talking about.
[43:04.080 --> 43:11.080]  You could have probably asked him for his birthday and he would not have known what you were talking about.
[43:11.080 --> 43:18.080]  And I told him, I said, well, if you do not have your bond in order, I said anything that you are doing right now is illegal.
[43:18.080 --> 43:21.080]  And he did not even know what I was talking about.
[43:21.080 --> 43:28.080]  Well, the thing about it is most police officers, especially in Austin areas, large cities and things,
[43:28.080 --> 43:32.080]  there is a policy bond that is covered by the department.
[43:32.080 --> 43:36.080]  Once they are hired, the department takes care of the bond for them.
[43:36.080 --> 43:42.080]  In other words, they are using our money to ensure this idiot does his job properly
[43:42.080 --> 43:48.080]  instead of making him put up his own money to ensure he does his job properly.
[43:48.080 --> 43:51.080]  But in any case, hang on Ray, we will finish you up on the other side.
[43:51.080 --> 43:55.080]  This is Gula Block Radio, Eddie Craig, Debra Stevens has the night off.
[43:55.080 --> 44:00.080]  We will be right back.
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[46:19.080 --> 46:22.080]  Alright folks, we are back, Rule of Law Radio.
[46:22.080 --> 46:26.080]  Okay, we're going to finish up with Ray and then we're going to get to Gerald.
[46:26.080 --> 46:28.080]  Alright Ray, let's get you wrapped up here.
[46:28.080 --> 46:32.080]  Okay, now I'm going to take pictures and show them,
[46:32.080 --> 46:41.080]  because like five people have died on that corner because you can't go any faster than 35 miles an hour on that corner.
[46:41.080 --> 46:44.080]  It's virtually impossible.
[46:44.080 --> 46:50.080]  So I'm going to take that and the records of people dying on that corner and how impossible it is.
[46:50.080 --> 46:52.080]  But also I need to address this too.
[46:52.080 --> 46:54.080]  Did he stop you before or after this curve?
[46:54.080 --> 46:55.080]  I'm sorry?
[46:55.080 --> 46:58.080]  Did he stop you before or after this curve?
[46:58.080 --> 46:59.080]  After.
[46:59.080 --> 47:01.080]  How far of a distance?
[47:01.080 --> 47:08.080]  Just, I would say maybe 50 feet, not even that.
[47:08.080 --> 47:11.080]  And when did he say he began tracking you on radar?
[47:11.080 --> 47:18.080]  You're coming down a hill and the hill turns into a curve and you have to, my turn is like the next turn,
[47:18.080 --> 47:22.080]  so I have to like put on my brakes before you hit the curve.
[47:22.080 --> 47:26.080]  And he got me like right there, like right where the curve begins.
[47:26.080 --> 47:27.080]  Okay.
[47:27.080 --> 47:31.080]  So like I said, it's kind of impossible to do the speed he was talking about.
[47:31.080 --> 47:37.080]  Not only is he a bad liar, but he's also an incompetent idiot on where to set his speed traps.
[47:37.080 --> 47:39.080]  Okay, I'm going to leave it at that.
[47:39.080 --> 47:46.080]  So when I go, is there anything that I need to sign in, sign up or anything like that?
[47:46.080 --> 47:49.080]  I know I need to wear a suit.
[47:49.080 --> 47:50.080]  Well, that's for going to court.
[47:50.080 --> 47:54.080]  You don't need it for the other stuff you're going to be doing.
[47:54.080 --> 48:00.080]  And basically if this gets to court, then you're going to get to fry his butt.
[48:00.080 --> 48:03.080]  So one of two things is most likely going to happen.
[48:03.080 --> 48:08.080]  This cop sets you up to go to court and he's thinking maybe you won't fight it.
[48:08.080 --> 48:14.080]  And so he's not going to have to show up, and he probably won't, because if he does,
[48:14.080 --> 48:21.080]  he's going to be called on to testify, in which case you're liable to prove what a thief he is,
[48:21.080 --> 48:28.080]  in which case he may lose his job when it shows that he is rigging speed citations
[48:28.080 --> 48:37.080]  just in order to increase his popularity at work or in order to steal from the public at the behest of the city.
[48:37.080 --> 48:42.080]  Either way, it's not going to bode well if you get that information before the jury.
[48:42.080 --> 48:43.080]  Right.
[48:43.080 --> 48:47.080]  If you're talking about producing, you're liable to be able to do just that.
[48:47.080 --> 48:51.080]  So I fully would not expect the officer to show up.
[48:51.080 --> 48:57.080]  And then what I would expect to happen is for the prosecutor to dismiss the case
[48:57.080 --> 49:01.080]  or try to get you to plead to a lesser fine.
[49:01.080 --> 49:02.080]  Okay?
[49:02.080 --> 49:07.080]  Remember, any plea you enter and any fine you pay is an admission of guilt.
[49:07.080 --> 49:14.080]  It is a guilty verdict, and you cannot sue if you do an admission of guilt.
[49:14.080 --> 49:15.080]  Okay.
[49:15.080 --> 49:16.080]  All right?
[49:16.080 --> 49:21.080]  So any plea bargain they offer you, that's up to you on whether or not you take it.
[49:21.080 --> 49:24.080]  I, for one, would tell them to shove it where the sun don't shine
[49:24.080 --> 49:27.080]  and see you in court on my appointed date.
[49:27.080 --> 49:29.080]  Thank you very much.
[49:29.080 --> 49:34.080]  Well, that's what I wanted to do, because I really have the feeling that he's not going to show up.
[49:34.080 --> 49:37.080]  He seemed like the very lazy type.
[49:37.080 --> 49:45.080]  Well, lazy is probably not the best way to put it, but I'll go with that for now.
[49:45.080 --> 49:47.080]  In any case, does that get your questions answered?
[49:47.080 --> 49:48.080]  One more question.
[49:48.080 --> 49:59.080]  Let's say that the judge is not a good judge, or how do you say?
[49:59.080 --> 50:01.080]  Also an idiot?
[50:01.080 --> 50:02.080]  Yeah.
[50:02.080 --> 50:07.080]  And things don't go my way.
[50:07.080 --> 50:11.080]  Can I still do defensive driving, or would I have to pay the fine right then and there?
[50:11.080 --> 50:14.080]  That's going to be up to what you do as far as anything like that,
[50:14.080 --> 50:18.080]  but most likely that's going to be the termination made by the judge.
[50:18.080 --> 50:25.080]  But you have the option of appealing the case if you lose, if it's a court of record.
[50:25.080 --> 50:28.080]  You have the option of a trial de novo if it's not.
[50:28.080 --> 50:33.080]  So the first trial is not the only trial.
[50:33.080 --> 50:34.080]  Okay.
[50:34.080 --> 50:38.080]  So just appeal it then.
[50:38.080 --> 50:41.080]  What else was I going to ask you?
[50:41.080 --> 50:42.080]  Oh, dang it.
[50:42.080 --> 50:45.080]  I just have the real big thing.
[50:45.080 --> 50:47.080]  Well, if you think of it, Ray, call back in,
[50:47.080 --> 50:50.080]  because we're trying to limit people to one segment so I can get through the calls,
[50:50.080 --> 50:51.080]  and I do have other callers up on the board.
[50:51.080 --> 50:53.080]  But if you think about it, give us a call back,
[50:53.080 --> 50:56.080]  and if we don't have anybody up ahead of you, then I'll take you in.
[50:56.080 --> 50:57.080]  We'll go on, okay?
[50:57.080 --> 50:58.080]  I appreciate it.
[50:58.080 --> 51:01.080]  I really don't think you're going to show up, though, but I really appreciate it, Eddie.
[51:01.080 --> 51:02.080]  Thank you so much.
[51:02.080 --> 51:03.080]  Yes, sir, not a problem.
[51:03.080 --> 51:06.080]  Don't forget to send me that email now so I can send you that questionnaire.
[51:06.080 --> 51:07.080]  I will.
[51:07.080 --> 51:08.080]  I'm doing it right now.
[51:08.080 --> 51:09.080]  Okay.
[51:09.080 --> 51:10.080]  Thank you.
[51:10.080 --> 51:11.080]  Thanks a lot, man.
[51:11.080 --> 51:12.080]  All right.
[51:12.080 --> 51:14.080]  Mr. Gerald, how can we help you, sir?
[51:14.080 --> 51:16.080]  How's it going?
[51:16.080 --> 51:17.080]  All right.
[51:17.080 --> 51:27.080]  I was pulled over for speeding on New Year's Eve for actual New Year's.
[51:27.080 --> 51:29.080]  It was past 12.
[51:29.080 --> 51:34.080]  I'm getting the seminar either tonight or sometime tomorrow,
[51:34.080 --> 51:44.080]  and I was saying it was going to take a couple days for it to get through and whatnot.
[51:44.080 --> 51:47.080]  I don't know how long the processing takes on that.
[51:47.080 --> 51:55.080]  Generally, she can have it to you within 24 to 48 hours at the most as far as where you need to go to start downloading the stuff.
[51:55.080 --> 51:57.080]  Yes.
[51:57.080 --> 51:58.080]  All right.
[51:58.080 --> 52:01.080]  I just got a couple questions.
[52:01.080 --> 52:09.080]  For the motions, what motions do I file first and who do I file them with?
[52:09.080 --> 52:12.080]  Well, their number in the remedies folder under the traffic material,
[52:12.080 --> 52:16.080]  there's another set of folders called stages of process.
[52:16.080 --> 52:20.080]  The first thing you do is go into the stage one,
[52:20.080 --> 52:27.080]  and you write down the information of everything that happened and everyone involved in the chronology that's in there.
[52:27.080 --> 52:32.080]  There's an example chronology, and there's a template for making your own.
[52:32.080 --> 52:40.080]  Do that because that will allow you to keep your facts, dates, times, and people straight and accurate at all times.
[52:40.080 --> 52:42.080]  Okay?
[52:42.080 --> 52:43.080]  All right.
[52:43.080 --> 52:46.080]  Then the next thing you're going to do is you're going to go down,
[52:46.080 --> 52:50.080]  and you're going to get your records, which is in the second step.
[52:50.080 --> 52:52.080]  Basically, you're going to go down to the court.
[52:52.080 --> 52:58.080]  You're going to get everything that's in your file and in the computer related to that citation.
[52:58.080 --> 53:04.080]  I can almost guarantee you there's going to be nothing in the file other than a copy of the citation.
[53:04.080 --> 53:16.080]  Okay. Since there's nothing on the file, do I tell them to write it down and sign it so I have proof that they said that there's nothing?
[53:16.080 --> 53:20.080]  You're going to ask them to give you a copy of whatever is in the file.
[53:20.080 --> 53:21.080]  I don't care what it is.
[53:21.080 --> 53:24.080]  If it's just a citation, that's fine.
[53:24.080 --> 53:30.080]  Tell them you want a stamped copy of that citation for two reasons.
[53:30.080 --> 53:34.080]  It shows that you've asked for everything in the file.
[53:34.080 --> 53:35.080]  Do that in writing.
[53:35.080 --> 53:36.080]  Okay?
[53:36.080 --> 53:43.080]  Simply take something down there with you that says I'm requesting all information in the hard record file
[53:43.080 --> 53:48.080]  and in the computer system relating to the following citation or citations.
[53:48.080 --> 53:50.080]  Put your citation number on it.
[53:50.080 --> 53:52.080]  Submit it to them in writing.
[53:52.080 --> 53:57.080]  If the only thing they tell you they have is the citation, get a stamped copy of that back.
[53:57.080 --> 54:03.080]  That will show that they did what this said and you asked for everything and this is all there was.
[54:03.080 --> 54:09.080]  And it is also proof that you were there on a specific day on or before the date on the ticket.
[54:09.080 --> 54:11.080]  Okay.
[54:11.080 --> 54:12.080]  Okay?
[54:12.080 --> 54:16.080]  So you have complied with everything you agreed to do.
[54:16.080 --> 54:19.080]  Okay.
[54:19.080 --> 54:24.080]  That question I was about to ask you is pretty much with that.
[54:24.080 --> 54:37.080]  When I go to ask for the oath of losses and whatnot, where in writing can I find the time limit for them to give me that information?
[54:37.080 --> 54:46.080]  It's the Open Records Act, Chapter 521 or 522 of the Government Code, I believe is where it is.
[54:46.080 --> 54:49.080]  Or I'm sorry, 51 or yeah, somewhere in there.
[54:49.080 --> 54:57.080]  But it's the Open Records Act and they have a total number of 20 days, I believe, to get you the information.
[54:57.080 --> 54:59.080]  Okay.
[54:59.080 --> 55:03.080]  And let's see.
[55:03.080 --> 55:08.080]  Now the other thing they may do when you go in is they may ask you to enter a plea.
[55:08.080 --> 55:11.080]  Do not do that.
[55:11.080 --> 55:12.080]  Yeah, yeah.
[55:12.080 --> 55:17.080]  Simply state I cannot enter a plea at this time.
[55:17.080 --> 55:21.080]  Yeah, because I don't know what I'm being charged with.
[55:21.080 --> 55:24.080]  Yeah, there's nothing to enter a plea to.
[55:24.080 --> 55:27.080]  Yeah.
[55:27.080 --> 55:28.080]  Okay.
[55:28.080 --> 55:31.080]  Well, he didn't read me my rights.
[55:31.080 --> 55:34.080]  Well, we know that.
[55:34.080 --> 55:35.080]  What's that?
[55:35.080 --> 55:36.080]  I said we know that.
[55:36.080 --> 55:37.080]  You're in Texas, right?
[55:37.080 --> 55:38.080]  Yeah.
[55:38.080 --> 55:40.080]  Yeah, they never read you your rights.
[55:40.080 --> 55:43.080]  Yeah.
[55:43.080 --> 55:44.080]  Okay.
[55:44.080 --> 55:49.080]  So is there anything else I can do as of now?
[55:49.080 --> 55:51.080]  Well, the seminar material will help you with that.
[55:51.080 --> 55:58.080]  But if you'll come to the seminars on Saturday down at Brave New Books, if you happen to be in the Austin area or close by,
[55:58.080 --> 56:05.080]  they'll help a lot because a lot of what we're doing is teaching you how to go to court, the questions to ask,
[56:05.080 --> 56:13.080]  who to ask them of, what the law says they're supposed to do, and how to fight back when they don't.
[56:13.080 --> 56:14.080]  Okay.
[56:14.080 --> 56:21.080]  But if you don't happen to be in the Austin area, then you can feel free to send me e-mails, and as quick as I'm able,
[56:21.080 --> 56:23.080]  I will reply back to them.
[56:23.080 --> 56:25.080]  I cannot hold your hand, however.
[56:25.080 --> 56:26.080]  I can't do that.
[56:26.080 --> 56:27.080]  Yeah.
[56:27.080 --> 56:30.080]  Studying the effort is on you.
[56:30.080 --> 56:39.080]  But I tried to make it where everybody could read and understand what the statutes are and how to research them and how to read them.
[56:39.080 --> 56:40.080]  Okay.
[56:40.080 --> 56:43.080]  And all of that's in the seminar material.
[56:43.080 --> 56:50.080]  You said for the motions to file first, you said that's in the seminar, and who to file them with?
[56:50.080 --> 56:54.080]  You always file motions with the court and with the opposing counsel,
[56:54.080 --> 57:02.080]  but you're not going to know who the opposing counsel is most of the time until the day of trial, depending upon where you are.
[57:02.080 --> 57:03.080]  Okay.
[57:03.080 --> 57:11.080]  If you're in Austin or some other major city, they should be able to tell you what the name or at least the office address is
[57:11.080 --> 57:15.080]  for the prosecuting attorney that's going to appear.
[57:15.080 --> 57:24.080]  And so you can serve their office even if you can't serve the specific attorney.
[57:24.080 --> 57:28.080]  Okay.
[57:28.080 --> 57:34.080]  Everything you file is always filed originally in the court.
[57:34.080 --> 57:35.080]  Okay.
[57:35.080 --> 57:39.080]  And I can do that before the court makes?
[57:39.080 --> 57:40.080]  Yes.
[57:40.080 --> 57:42.080]  Okay.
[57:42.080 --> 57:48.080]  But the specific motions are numbered in the seminar material.
[57:48.080 --> 57:59.080]  And so you have 01, which is the first one you're going to file, and it's going to be accompanied with 02, which is a notice.
[57:59.080 --> 58:00.080]  Okay.
[58:00.080 --> 58:04.080]  Constructive notice number one.
[58:04.080 --> 58:05.080]  Okay.
[58:05.080 --> 58:06.080]  Okay.
[58:06.080 --> 58:07.080]  All right.
[58:07.080 --> 58:09.080]  Well, that's all I had.
[58:09.080 --> 58:10.080]  Okay.
[58:10.080 --> 58:11.080]  Thanks for calling in, Gerald.
[58:11.080 --> 58:13.080]  Thank you.
[58:13.080 --> 58:15.080]  All right, folks.
[58:15.080 --> 58:17.080]  We're about to go on our next break.
[58:17.080 --> 58:19.080]  This is the top of the hour.
[58:19.080 --> 58:23.080]  We only have another hour left in the show, so please, the boards are clear.
[58:23.080 --> 58:31.080]  If you have anything you need to call in about or questions to ask, please give us a call, 512-646-1984.
[58:31.080 --> 59:00.080]  This is Eddie Craig, Deborah Stevens, Rule of Law Radio, and we will be back in just a few minutes.
[59:00.080 --> 59:08.080]  The Bible remains the most popular book in the world, yet countless readers are frustrated because they struggle to understand it.
[59:08.080 --> 59:16.080]  Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the Scripture.
[59:16.080 --> 59:19.080]  Enter the recovery version.
[59:19.080 --> 59:28.080]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[59:28.080 --> 59:38.080]  The difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:38.080 --> 01:00:00.080]  Bibles for America would like to give you a free recovery version simply for the asking. This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com. That's freestudybible.com.
[01:00:00.080 --> 01:00:04.080]  This news brief brought to you by the International News Net.
[01:00:04.080 --> 01:00:13.080]  Oil companies have freely admitted current plans for deep water drilling of Britain's Shetland Islands could cause an oil spill worse than the BP disaster.
[01:00:13.080 --> 01:00:22.080]  However, the Chairman of the UK's Energy and Climate Change Committee, Tim Yeo, said Monday he would not seek a moratorium on offshore drilling.
[01:00:22.080 --> 01:00:28.080]  Oil companies are expected to open hundreds of new wells in a new frontier.
[01:00:28.080 --> 01:00:38.080]  Anti-whalers Saturday clashed with Japanese harpoonists in the Southern Ocean. Activists chased the whalers through ice packs and hurled stink bombs at them.
[01:00:38.080 --> 01:00:41.080]  The harpoonists retaliated with water cannon.
[01:00:41.080 --> 01:00:46.080]  Lockie McLean, captain of the Sea Shepherd's Conservation Society's vessel said,
[01:00:46.080 --> 01:00:56.080]  It was deadly because of the ice and the hostility of the whalers and beautiful because while clashing with us, these three killer ships were not killing whales.
[01:00:56.080 --> 01:01:04.080]  A man who stripped down to his underwear was recently arrested at Richmond International Airport while protesting security screening procedures.
[01:01:04.080 --> 01:01:14.080]  The man's abdomen read, quote, Amendment 4, the right of the people to be secure against unreasonable searches and seizures, shall not be violated.
[01:01:14.080 --> 01:01:22.080]  Nearly 200,000 Indian farmers have killed themselves in the past decade and experts say the epidemic is intensifying.
[01:01:22.080 --> 01:01:28.080]  Almost all bereaved families reported that debts and land loss were among their biggest problems.
[01:01:28.080 --> 01:01:37.080]  Pallagami Sainath, a rural poverty expert said, Farmers who used to be able to send their children to college now can't send them to school, adding,
[01:01:37.080 --> 01:01:44.080]  India has more dollar billionaires than the UK and 600 million poor. The wealth has not trickled down.
[01:01:44.080 --> 01:01:57.080]  Vandana Shiva, a scientist and activist says every suicide can be linked to Monsanto, explaining that the chemical giant's modified BT cotton caused widespread crop failure and poverty
[01:01:57.080 --> 01:02:01.080]  because it needed to be used together with pesticides and fertilizers.
[01:02:01.080 --> 01:02:08.080]  A third of the farmers who killed themselves chose pesticide to do it, a drawn out agonizing death.
[01:02:08.080 --> 01:02:17.080]  The son of Julius and Ethel Rosenberg, who were executed in the 1950s for allegedly providing nuclear secrets to the Soviet Union,
[01:02:17.080 --> 01:02:22.080]  recently called on progressives to help WikiLeaks founder Julian Assange.
[01:02:22.080 --> 01:02:31.080]  Robert Miropol said he felt the same chill winds that wreaked havoc on my life and many others, once again sweeping our nation.
[01:02:31.080 --> 01:02:41.080]  The Justice Department is reportedly considering using the Espionage Act against Assange for disclosing hundreds of thousands of US military and diplomatic cables.
[01:02:41.080 --> 01:02:48.080]  Miropol wrote, In recent years we have witnessed the most rapid and widespread erosion of our civil liberties since the 1950s.
[01:02:48.080 --> 01:03:02.080]  Those who spoke out against our criminal war abroad and the growing repression at home are condemned as traitors and treated as enemies of the state.
[01:03:18.080 --> 01:03:33.080]  It's all according to the will of the Almighty
[01:03:33.080 --> 01:03:40.080]  I read his book and it says he cares not for the unsightly
[01:03:40.080 --> 01:03:48.080]  These warmongers come by that term rightly
[01:03:48.080 --> 01:03:55.080]  I won't pay for the war with my body Ain't gonna pay for the car with my money
[01:03:55.080 --> 01:04:02.080]  I won't pay for the fun with my body Their plans wicked and their logic shoddy
[01:04:02.080 --> 01:04:09.080]  Ain't gonna pay for the oil with my body I won't pay for the boys with my money
[01:04:09.080 --> 01:04:16.080]  Ain't gonna pay for the kids with my body The whole agenda smells funny
[01:04:16.080 --> 01:04:43.080]  I wanna fight in a war of my own That one would be let back then go
[01:04:43.080 --> 01:04:47.080]  I have your traffic seminar and jurisdiction
[01:04:47.080 --> 01:04:55.080]  Doug, I hate to interrupt you, but you're getting a really bad signal. You're real jittery and breaking up on us.
[01:04:55.080 --> 01:04:59.080]  Can you clear your signal or get in a place where you've got better reception?
[01:04:59.080 --> 01:05:05.080]  Yes, sir.
[01:05:05.080 --> 01:05:13.080]  Okay, come on. Stick the phone. Maybe that'll help.
[01:05:13.080 --> 01:05:18.080]  Okay. Try it now.
[01:05:18.080 --> 01:05:20.080]  Is that better?
[01:05:20.080 --> 01:05:25.080]  Actually, it's kind of the same. You may just have a bad connection on your cell phone.
[01:05:25.080 --> 01:05:30.080]  You want to try to just call back in and we'll bring you back up as quick as we can?
[01:05:30.080 --> 01:05:32.080]  I'll disconnect now, sir. Thank you.
[01:05:32.080 --> 01:05:34.080]  Okay. Thank you.
[01:05:34.080 --> 01:05:39.080]  All right. Sheldon in South Carolina. Evening, Sheldon. What can we do for you?
[01:05:39.080 --> 01:05:47.080]  Yes. We were saying we were listening to the world about you. The guy said that David is right. Melinda is him.
[01:05:47.080 --> 01:05:57.080]  Okay. Wait, wait, wait. Slow down a little bit and say this again a little clearer because I can barely understand you.
[01:05:57.080 --> 01:06:06.080]  Wait a second. The caller said that the guy named Melinda hit Melinda right when he pulled him over.
[01:06:06.080 --> 01:06:08.080]  Yes.
[01:06:08.080 --> 01:06:14.080]  In South Carolina, they don't do that neither. I asked the officer and he said, well, we didn't ask you anything. We're criminating you.
[01:06:14.080 --> 01:06:18.080]  So we were wondering, could you just – I want to put it back on speakerphone.
[01:06:18.080 --> 01:06:24.080]  Could you just go over to Melinda and do process right quick for us as we go in the room?
[01:06:24.080 --> 01:06:26.080]  Yeah.
[01:06:26.080 --> 01:06:28.080]  Thank you. I appreciate you taking my call.
[01:06:28.080 --> 01:06:31.080]  Sure. No problem. Thank you for calling in.
[01:06:31.080 --> 01:06:35.080]  Okay. What we're talking about on the Miranda rights issue is this.
[01:06:35.080 --> 01:06:44.080]  In Texas, the statute is very clear that if an officer initiates a stop for the purpose of issuing a citation, you are in a custodial arrest.
[01:06:44.080 --> 01:07:01.080]  No matter what that officer tells you, the statute says you are. In fact, the officer is only authorized to release you from custody as the arrested individual if and only if you will sign the promise to appear.
[01:07:01.080 --> 01:07:07.080]  Then the arresting officer may release the person arrested from custody.
[01:07:07.080 --> 01:07:27.080]  If you have a similar statute in South Carolina that deals with this issue and it specifically states the arresting officer may release the person arrested from custody after signing the citation or after such and such stop has been initiated,
[01:07:27.080 --> 01:07:37.080]  then you have the reasonable declaration that you're in a custodial arrest and your rights are to be protected via being Mirandized.
[01:07:37.080 --> 01:07:49.080]  The reason for the Miranda statement is so the officer has made you aware of your rights so that he cannot compel you to give him information that he can later use against you in court.
[01:07:49.080 --> 01:08:02.080]  That completes my three major rules and three major questions when you first get stopped for anything. What is the emergency and how can I help? Am I under arrest?
[01:08:02.080 --> 01:08:19.080]  Question number three, am I free to go? If you are not very, very familiar with due process and the statutes relating to due process, rules four, five, and six are shut up, keep shutting up, and shut up some more.
[01:08:19.080 --> 01:08:26.080]  Don't be saying or engaging in conversation to your own detriment.
[01:08:26.080 --> 01:08:36.080]  Basic common sense, stop talking. The cop is not your friend. I don't care how friendly he appears to be.
[01:08:36.080 --> 01:08:44.080]  His job is to get information out of you. He is very good at his job most of the time.
[01:08:44.080 --> 01:09:01.080]  Not in every aspect of it maybe, but in some of it he definitely is. And getting you to talk or befriending you in such a way as to give him some additional information that can be used against you, he is much more trained in that aspect than you are in avoiding it.
[01:09:01.080 --> 01:09:04.080]  Trust me.
[01:09:04.080 --> 01:09:16.080]  So that's the thing on the due process and the Miranda rights. If you are in a custodial interrogation or arrest, you have the right to be Mirandized. You are not required to answer any questions.
[01:09:16.080 --> 01:09:30.080]  You are not required to provide that officer with a single piece of information, not even your name, if you are in a custodial interrogation or a custodial arrest.
[01:09:30.080 --> 01:09:40.080]  Anything he wants to know, tell him I will be happy to answer your questions in the presence of counsel.
[01:09:40.080 --> 01:09:51.080]  Okay? All right, Sean, hopefully that will do what you need to do as far as the information goes. Was there anything else you need to know about?
[01:09:51.080 --> 01:10:01.080]  Well, pretty much that's it. And I will talk a lot, I think. I think that as soon as these laws come under, you are automatically under arrest at that moment.
[01:10:01.080 --> 01:10:14.080]  You need to look at the statutes in your state. In Texas, that's the case. It may not be that way in South Carolina. You are going to have to look at the statutes to know for sure.
[01:10:14.080 --> 01:10:17.080]  Okay. It's so hard to find anything around here.
[01:10:17.080 --> 01:10:24.080]  I agree. I can't argue that it's not. It is everywhere. It just takes time and effort.
[01:10:24.080 --> 01:10:34.080]  But if you really want to find it, all you need to do is go to someplace where there is a state law library or a federal book repository like on most university campuses.
[01:10:34.080 --> 01:10:43.080]  Go to the librarian in charge of that section. I'm willing to bet you they can take you directly to it.
[01:10:43.080 --> 01:10:45.080]  Okay. Thank you.
[01:10:45.080 --> 01:10:47.080]  Well, I'm going to go.
[01:10:47.080 --> 01:10:51.080]  All right. Happy New Year to you, too, and thanks for calling in.
[01:10:51.080 --> 01:10:55.080]  All right. Let's go to Leon. Leon, how can we help you?
[01:10:55.080 --> 01:11:01.080]  Hi there. I was talking with an APD officer. Can you hear me okay?
[01:11:01.080 --> 01:11:03.080]  Yes, sir. Hear you just fine.
[01:11:03.080 --> 01:11:16.080]  I was talking with an APD officer, and he was claiming that he has the right to request your identification and you have to provide it for him.
[01:11:16.080 --> 01:11:25.080]  Let's say somebody had called in a suspicious person's report on you in their neighborhood, and he's the responding officer,
[01:11:25.080 --> 01:11:33.080]  and he says that just for that reason he has the right to force you to provide identification.
[01:11:33.080 --> 01:11:41.080]  Not unless you are the one that the report was made about and he has reasonable probable cause to believe that you are the person the report was made about.
[01:11:41.080 --> 01:11:47.080]  He has the power and authority to investigate complaints. He must have that power and authority, okay?
[01:11:47.080 --> 01:11:55.080]  He couldn't do his job without it. However, he is not allowed to accost anybody walking up and down the street and demand an ID.
[01:11:55.080 --> 01:12:02.080]  He must have articulatable probable cause as to why he is entitled to ask you for it.
[01:12:02.080 --> 01:12:07.080]  If he cannot provide that, he is lying through his teeth.
[01:12:07.080 --> 01:12:20.080]  Well, he said something along the same lines, but his reason for requiring you to display identification was that his probable cause would be that,
[01:12:20.080 --> 01:12:24.080]  oh, we've had a lot of break-ins in this neighborhood and we've had a call that you're...
[01:12:24.080 --> 01:12:26.080]  Nope. Suspicion is not enough.
[01:12:26.080 --> 01:12:32.080]  There must be something tangible that he can articulate as to why he's asking for it,
[01:12:32.080 --> 01:12:39.080]  and it can't be something that has happened unless he has reason to believe you were involved.
[01:12:39.080 --> 01:12:40.080]  Okay.
[01:12:40.080 --> 01:12:46.080]  It does not open the door wide for him to just walk into and start grabbing IDs from everybody in the neighborhood.
[01:12:46.080 --> 01:12:50.080]  It doesn't work that way.
[01:12:50.080 --> 01:12:58.080]  He did claim that he could not just pull up alongside you on the street and start to begin to question you,
[01:12:58.080 --> 01:13:05.080]  but he did say if somebody in the neighborhood just happened to say, oh, there's a guy I've never seen before walking around,
[01:13:05.080 --> 01:13:08.080]  then he has the right to come and accost you.
[01:13:08.080 --> 01:13:10.080]  No, he doesn't.
[01:13:10.080 --> 01:13:16.080]  Unless you've committed some violation, just being strange to the neighborhood is not a crime, is it?
[01:13:16.080 --> 01:13:18.080]  Oh, definitely not.
[01:13:18.080 --> 01:13:24.080]  So there is no articulatable facts that he can produce to say, I need to see your ID?
[01:13:24.080 --> 01:13:29.080]  Okay. He is ABD. He's just pretty sure of what he knows. He sounds pretty sure.
[01:13:29.080 --> 01:13:33.080]  They all are, and I guarantee you what they think they know and what they actually know.
[01:13:33.080 --> 01:13:39.080]  There's as much breadth and depth between that as there is in the ocean.
[01:13:39.080 --> 01:13:40.080]  I agree.
[01:13:40.080 --> 01:13:41.080]  I mean, let's face it.
[01:13:41.080 --> 01:13:49.080]  I had a Travis County Sheriff's Deputy sit in a restaurant and tell me that he could not take a copy of my seminar book
[01:13:49.080 --> 01:13:58.080]  because he should not confuse what he is supposed to know with something that he might ought to know.
[01:13:58.080 --> 01:14:05.080]  Now, this is the intelligence level, folks, of your public servants that are wearing guns and handcuffs
[01:14:05.080 --> 01:14:10.080]  and have the authority to jump on you in large numbers and pummel you into submission.
[01:14:10.080 --> 01:14:18.080]  This is the guerrilla mentality upon which they all operate. Keep that in mind.
[01:14:18.080 --> 01:14:23.080]  There was a news article from the late 90s.
[01:14:23.080 --> 01:14:36.080]  An officer was suing a police department or the state because they wouldn't provide him with an interview as a police officer
[01:14:36.080 --> 01:14:41.080]  because he scored too high on his test, because of his high IQ.
[01:14:41.080 --> 01:14:42.080]  Right.
[01:14:42.080 --> 01:14:48.080]  Yeah. I figured that pretty much we're doing the same thing here.
[01:14:48.080 --> 01:14:50.080]  They're doing the same thing everywhere.
[01:14:50.080 --> 01:14:55.080]  Alex Jones has even pointed out that they are now recruiting felons out of prison
[01:14:55.080 --> 01:15:01.080]  to be armed enforcers in some of these private security forces they're making.
[01:15:01.080 --> 01:15:06.080]  This is how bad it's gotten, people.
[01:15:06.080 --> 01:15:10.080]  Well, I have one more question.
[01:15:10.080 --> 01:15:18.080]  I also know another female officer that works for AISD PD,
[01:15:18.080 --> 01:15:26.080]  and she claims that she has jurisdiction pretty much anywhere she likes.
[01:15:26.080 --> 01:15:34.080]  I was reading some statutes, and I'm not sure if this applies to her, but there was something about
[01:15:34.080 --> 01:15:44.080]  you only have one mile within the school that you're patrolling or you're authorized to secure or a police officer of,
[01:15:44.080 --> 01:15:50.080]  and she claims that she can pretty much go everywhere she wants, but I was just curious your thoughts on that.
[01:15:50.080 --> 01:15:56.080]  Well, they'll claim a lot of things, whether or not it'll hold up in court is a whole other matter,
[01:15:56.080 --> 01:16:04.080]  and my purpose is to give you guys the ammunition to make them prove it in court.
[01:16:04.080 --> 01:16:09.080]  Okay. Also, where would I be able to – I've tried to scour the statutes,
[01:16:09.080 --> 01:16:18.080]  but I couldn't actually find a place where I could find where it says what the duties of the officer are
[01:16:18.080 --> 01:16:25.080]  or who can be commissioned as an officer, and I was wondering if you could point me in the right direction.
[01:16:25.080 --> 01:16:31.080]  Well, there will be – there will usually be something in local government code
[01:16:31.080 --> 01:16:36.080]  or whatever the equivalent will be in Tennessee that deals with the specifics of the qualifications
[01:16:36.080 --> 01:16:41.080]  to be a law enforcement or peace officer. You'll have to look it up as to how it's titled.
[01:16:41.080 --> 01:16:46.080]  Peace officer, law enforcement officer, police officer. It could be under any of those names.
[01:16:46.080 --> 01:16:47.080]  Okay, perfect.
[01:16:47.080 --> 01:16:49.080]  That would be where I'd start looking.
[01:16:49.080 --> 01:16:50.080]  Local government code.
[01:16:50.080 --> 01:16:53.080]  Yeah. Okay, folks, we're going on break.
[01:16:53.080 --> 01:16:56.080]  Leon, if you'll hang on, if you've got any more questions, we'll pick you up on the other side.
[01:16:56.080 --> 01:17:24.080]  This is Rule of Law Radio. We will be right back.
[01:17:24.080 --> 01:17:26.080]  There's no way a place like that exists.
[01:17:26.080 --> 01:17:32.080]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street just south of UT.
[01:17:32.080 --> 01:17:35.080]  By UT, there's never anywhere to park down there.
[01:17:35.080 --> 01:17:41.080]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility
[01:17:41.080 --> 01:17:43.080]  just behind the bookstore.
[01:17:43.080 --> 01:17:46.080]  It does exist, but when are they open?
[01:17:46.080 --> 01:17:55.080]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays. So give them a call at 512-480-2503
[01:17:55.080 --> 01:18:01.080]  or check out their events page at bravenewbookstore.com.
[01:18:01.080 --> 01:18:07.080]  Capital Coin and Bullions is your local source for rare coins, precious metals and coin supplies
[01:18:07.080 --> 01:18:13.080]  in the Austin metro area. We also ship worldwide. We are a family-owned and operated business
[01:18:13.080 --> 01:18:17.080]  that offers competitive prices on your coin and metals purchases.
[01:18:17.080 --> 01:18:24.080]  We buy, sell, trade and consign rare coins, gold and silver coin collections, precious metals and scrap gold.
[01:18:24.080 --> 01:18:28.080]  We will purchase and sell gold and jewelry items as well.
[01:18:28.080 --> 01:18:34.080]  We offer daily specials on coins and bullions. We're located at 5448 Barnett Road, Suite 3
[01:18:34.080 --> 01:18:40.080]  and we're open Monday through Friday, 10 a.m. to 6 p.m. Saturdays, 10 a.m. to 5 p.m.
[01:18:40.080 --> 01:18:48.080]  You are welcome to stop in our shop during regular business hours or call 512-646-6440 with any questions.
[01:18:48.080 --> 01:18:53.080]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[01:18:53.080 --> 01:19:11.080]  That's Capital Coin and Bullion 512-646-6440.
[01:19:23.080 --> 01:19:31.080]  Same old trick again. I was blindsided but now I can see your plan.
[01:19:31.080 --> 01:19:36.080]  You put the fear in my pocket, took the money from my hand.
[01:19:36.080 --> 01:19:44.080]  Ain't gonna fool me with that same old trick again.
[01:19:44.080 --> 01:19:50.080]  Ain't gonna fool me.
[01:19:50.080 --> 01:19:54.080]  Alright folks, we are back. Rule of Law Radio. We are finishing up with Leon.
[01:19:54.080 --> 01:19:58.080]  Alright Leon, I got a full board here. Anything else I can do for you?
[01:19:58.080 --> 01:20:03.080]  I have run out of questions and I just wanted to say I appreciate your help
[01:20:03.080 --> 01:20:09.080]  and for informing all of us and helping us out with things that we need help on.
[01:20:09.080 --> 01:20:12.080]  And we'll see you Saturday.
[01:20:12.080 --> 01:20:14.080]  Well, thank you and I appreciate all that.
[01:20:14.080 --> 01:20:17.080]  And folks, it's y'all that are going to make the difference. It's not me.
[01:20:17.080 --> 01:20:21.080]  Okay, all I am is a mouthpiece. I learn something and I share it.
[01:20:21.080 --> 01:20:23.080]  It's you guys that are going to have to put it into practice
[01:20:23.080 --> 01:20:27.080]  because I'm not going to be able to do it on behalf of everybody.
[01:20:27.080 --> 01:20:30.080]  So take what you learn and apply it. It's the only way we're going to get it.
[01:20:30.080 --> 01:20:33.080]  But thanks for calling in, Leon. I really appreciate it.
[01:20:33.080 --> 01:20:34.080]  Alright, thank you. Bye-bye.
[01:20:34.080 --> 01:20:36.080]  Alright, bye-bye.
[01:20:36.080 --> 01:20:39.080]  Alright, let's go back. Doug in Tennessee is back with us.
[01:20:39.080 --> 01:20:41.080]  Alright, Doug, let's go. What you got?
[01:20:41.080 --> 01:20:43.080]  Can you hear me now, Eddie?
[01:20:43.080 --> 01:20:45.080]  I can hear you now.
[01:20:45.080 --> 01:20:47.080]  Okay, happy New Year again.
[01:20:47.080 --> 01:20:48.080]  Well, thank you.
[01:20:48.080 --> 01:20:51.080]  I have the traffic seminar and jurisdiction area.
[01:20:51.080 --> 01:20:54.080]  I'll be contributing to Randy's Beer Fund as soon as funds permit.
[01:20:54.080 --> 01:20:56.080]  I am a first-time caller.
[01:20:56.080 --> 01:20:58.080]  Okay.
[01:20:58.080 --> 01:21:03.080]  I'm a commercial operator and I've been stopped by the municipal police
[01:21:03.080 --> 01:21:08.080]  and given city ordinance civil citation.
[01:21:08.080 --> 01:21:18.080]  I refuse to sign or accept these tickets and was denied being taken to a magistrate upon my request.
[01:21:18.080 --> 01:21:22.080]  How would you proceed in this matter before question?
[01:21:22.080 --> 01:21:27.080]  Well, have you actually studied the statutes in your state to see if that's what they're required to do on a civil ticket?
[01:21:27.080 --> 01:21:33.080]  In Texas, that's what they're required to do for a criminal citation, which is what these are in Texas.
[01:21:33.080 --> 01:21:38.080]  They have very few civil citations in Texas.
[01:21:38.080 --> 01:21:39.080]  Yes, sir.
[01:21:39.080 --> 01:21:40.080]  Let me add these two facts.
[01:21:40.080 --> 01:21:44.080]  Maybe this will help clarify things or maybe confuse them even more.
[01:21:44.080 --> 01:21:49.080]  The word misdemeanor used to appear on these citations.
[01:21:49.080 --> 01:21:51.080]  It has been removed.
[01:21:51.080 --> 01:22:06.080]  And the state statute that refers to a citation is no citation should be issued if the person refuses to sign.
[01:22:06.080 --> 01:22:11.080]  Statue has been removed from that citation.
[01:22:11.080 --> 01:22:16.080]  Well, maybe, but has it been removed from the law?
[01:22:16.080 --> 01:22:23.080]  Even though it's no longer on the citation, has it been removed from the statute itself?
[01:22:23.080 --> 01:22:27.080]  Well, remember, the citation is not statute.
[01:22:27.080 --> 01:22:32.080]  It must have statute in place for it to even have any effect at all.
[01:22:32.080 --> 01:22:42.080]  If the statute still says that it can be refused, then the citation can be refused, whether it says it on the citation or not.
[01:22:42.080 --> 01:22:49.080]  Yes, sir. This citation, I mean the statute, has not been changed if you refuse to sign or accept,
[01:22:49.080 --> 01:22:53.080]  and they have no choice but to take it to the magistrate, which they refuse to do.
[01:22:53.080 --> 01:22:54.080]  Okay.
[01:22:54.080 --> 01:22:59.080]  Then you need a copy of that statute, and you need to take it with you before the judge down there and say,
[01:22:59.080 --> 01:23:07.080]  look, I was denied in my due process rights, and I intend to sue these officers in this case,
[01:23:07.080 --> 01:23:15.080]  and here is my criminal complaint against them for the denial of my due process and violation of state law.
[01:23:15.080 --> 01:23:18.080]  Let's see how they like it.
[01:23:18.080 --> 01:23:22.080]  Do I present this to a magistrate or a peer?
[01:23:22.080 --> 01:23:26.080]  Yes. In Texas, you present criminal complaints to magistrates.
[01:23:26.080 --> 01:23:30.080]  Any magistrate in the state can take a criminal complaint in Texas.
[01:23:30.080 --> 01:23:34.080]  I'm pretty sure it's going to be that way in your state as well.
[01:23:34.080 --> 01:23:39.080]  But again, it's going to take some reading on your part to become familiar with it.
[01:23:39.080 --> 01:23:43.080]  Check whatever constitutes your code of criminal procedure in your state.
[01:23:43.080 --> 01:23:49.080]  Find where it deals with complaints, how they must look, what they must contain,
[01:23:49.080 --> 01:23:54.080]  and who they must be made before or given to.
[01:23:54.080 --> 01:24:04.080]  Yes, sir. It's to hear about the violation of due process.
[01:24:04.080 --> 01:24:12.080]  Do I deal with that before court date as a magistrate or I deal with it at the court date?
[01:24:12.080 --> 01:24:19.080]  You're going to move to dismiss the case based upon violations of due process and the law?
[01:24:19.080 --> 01:24:21.080]  Yes, sir.
[01:24:21.080 --> 01:24:25.080]  And you can do it any time before trial. You can do it at trial.
[01:24:25.080 --> 01:24:30.080]  I always prefer to have it in writing, filed long before there's a trial date.
[01:24:30.080 --> 01:24:34.080]  Yes. Thank you for all that you do.
[01:24:34.080 --> 01:24:38.080]  We call it an answer.
[01:24:38.080 --> 01:24:42.080]  Well, thank you for calling in, Doug. We appreciate it.
[01:24:42.080 --> 01:24:44.080]  Happy New Year to you, too.
[01:24:44.080 --> 01:24:46.080]  Thank you. Happy New Year to you, too.
[01:24:46.080 --> 01:24:53.080]  All right, folks. We have Doug in Wisconsin, Hondo in Texas, and Eric in Washington.
[01:24:53.080 --> 01:24:57.080]  Okay. We have Hondo. What's up, Hondo? How can we help you?
[01:24:57.080 --> 01:25:02.080]  Hey, Eddie. Happy New Year. I got several things.
[01:25:02.080 --> 01:25:11.080]  First, during the holidays, I traveled to Nebraska and on my way back in Colorado,
[01:25:11.080 --> 01:25:21.080]  Virginia, et cetera, on my way back, I was pulled over for speeding in Nebraska.
[01:25:21.080 --> 01:25:25.080]  The road I was on, the speed limit changes, 55, 65, all back and forth, back and forth.
[01:25:25.080 --> 01:25:33.080]  Anyway, I was pulled over and the officer issued me a citation.
[01:25:33.080 --> 01:25:37.080]  And during that process, I noticed alcohol on his breath.
[01:25:37.080 --> 01:25:42.080]  Well, I didn't have cell phone service where I was in Nebraska's rural area.
[01:25:42.080 --> 01:25:48.080]  And so my intentions were to call 911 immediately, but I couldn't.
[01:25:48.080 --> 01:25:53.080]  And so what I did was drove down the road until I got serviced and then called 911.
[01:25:53.080 --> 01:25:56.080]  And if I had to do over again, if I was in the situation again,
[01:25:56.080 --> 01:25:59.080]  I would have made the officer stay with me until the supervisor
[01:25:59.080 --> 01:26:02.080]  or some other law enforcement was able to come.
[01:26:02.080 --> 01:26:08.080]  I would have him call the man and, you know, deal with it that way.
[01:26:08.080 --> 01:26:15.080]  But anyway, called 911 and they got me over to the sheriff's office.
[01:26:15.080 --> 01:26:22.080]  And they told me that, well, we will get in contact with his sergeant, et cetera.
[01:26:22.080 --> 01:26:31.080]  And I continued to research and got ahold of the actual Nebraska State Police Department.
[01:26:31.080 --> 01:26:34.080]  And left a message with them.
[01:26:34.080 --> 01:26:36.080]  They forwarded the message to the sergeant.
[01:26:36.080 --> 01:26:40.080]  The sergeant called me back and I told him the situation.
[01:26:40.080 --> 01:26:41.080]  He said it would be looked into.
[01:26:41.080 --> 01:26:44.080]  They take those kind of things very seriously.
[01:26:44.080 --> 01:26:48.080]  And so the next day I went to call him back.
[01:26:48.080 --> 01:26:54.080]  And they said that it was the Nebraska State Police Carrier Division,
[01:26:54.080 --> 01:26:55.080]  as who pulled me over.
[01:26:55.080 --> 01:26:58.080]  They said the Carrier Division was off until Monday.
[01:26:58.080 --> 01:27:04.080]  So they said call back Monday to follow up with your complaining.
[01:27:04.080 --> 01:27:05.080]  Not really a complaint.
[01:27:05.080 --> 01:27:09.080]  I just called to, you know, have them get to it.
[01:27:09.080 --> 01:27:15.080]  And anyway, so today I was just, had way too many things to do,
[01:27:15.080 --> 01:27:16.080]  didn't get to call him back.
[01:27:16.080 --> 01:27:20.080]  But I just wanted, and also my girlfriend's dad lives up there.
[01:27:20.080 --> 01:27:21.080]  That's why we're up there.
[01:27:21.080 --> 01:27:25.080]  And he has talked to several individuals in Nebraska
[01:27:25.080 --> 01:27:29.080]  who have had the same thing happen to him.
[01:27:29.080 --> 01:27:35.080]  So I just thought it was interesting that the officer had enough, you know,
[01:27:35.080 --> 01:27:39.080]  why would he even pull someone over if he'd been drinking?
[01:27:39.080 --> 01:27:44.080]  Well, first thing I would have done in that situation is since the officer's lights are on,
[01:27:44.080 --> 01:27:48.080]  so is the audio in his car.
[01:27:48.080 --> 01:27:54.080]  The first thing I would have said, officer, is that alcohol I smell emanating on your breath.
[01:27:54.080 --> 01:28:00.080]  I would have said that loudly and verbally right where his recorder would have gotten it.
[01:28:00.080 --> 01:28:08.080]  And I would have, you know, made certain that was part of the record in his cruiser for his little tape on you.
[01:28:08.080 --> 01:28:12.080]  Yes, I for sure regret that.
[01:28:12.080 --> 01:28:15.080]  And see, I didn't realize that they had audio as well as video.
[01:28:15.080 --> 01:28:18.080]  I thought it was only video that they took.
[01:28:18.080 --> 01:28:21.080]  No, it is video until, in most cases.
[01:28:21.080 --> 01:28:25.080]  Now, sometimes the moment the camera comes on, it's all.
[01:28:25.080 --> 01:28:30.080]  But a lot of them here in Texas, like Plano, for instance, the Plano Police Department cars,
[01:28:30.080 --> 01:28:35.080]  they can turn on audio or video with no audio until the lights are activated.
[01:28:35.080 --> 01:28:41.080]  But the moment the lights are activated, full audio and video are recorded through the entire process
[01:28:41.080 --> 01:28:44.080]  as long as the emergency lights are on.
[01:28:44.080 --> 01:28:47.080]  I see.
[01:28:47.080 --> 01:28:54.080]  Well, I'm going to be following up with the Nebraska State Police to see if they did, in fact, investigate the feller.
[01:28:54.080 --> 01:29:04.080]  And anyway, that aside, my main concern was I submitted a motion to dismiss for lack of subject matter jurisdiction
[01:29:04.080 --> 01:29:12.080]  to a county court in Crockett County, Texas, Arizona.
[01:29:12.080 --> 01:29:14.080]  In Crockett County?
[01:29:14.080 --> 01:29:19.080]  Right. It's West Texas, Arizona.
[01:29:19.080 --> 01:29:26.080]  Anyway, when I went in to appear, I went in to actually let me see the county judge and magistrate
[01:29:26.080 --> 01:29:28.080]  who I was supposed to appear before.
[01:29:28.080 --> 01:29:32.080]  And I proceeded to tell him why I was there.
[01:29:32.080 --> 01:29:36.080]  And he said, well, let's go talk to the county attorney.
[01:29:36.080 --> 01:29:39.080]  So we went into the county attorney's office and he left.
[01:29:39.080 --> 01:29:40.080]  And I talked to the county attorney.
[01:29:40.080 --> 01:29:42.080]  The judge or the county attorney left?
[01:29:42.080 --> 01:29:44.080]  No, the judge left.
[01:29:44.080 --> 01:29:46.080]  Okay. Well, hang on just a second, Hondo.
[01:29:46.080 --> 01:29:47.080]  We're going to break.
[01:29:47.080 --> 01:29:49.080]  I'll pick up with you on the other side.
[01:29:49.080 --> 01:29:50.080]  All right, folks.
[01:29:50.080 --> 01:29:51.080]  This is Rule of Law Radio.
[01:29:51.080 --> 01:29:52.080]  We got a half an hour left.
[01:29:52.080 --> 01:29:55.080]  512-646-1984.
[01:29:55.080 --> 01:30:00.080]  We'll be right back after this break.
[01:30:00.080 --> 01:30:03.080]  Christ fed the multitude with only one loaf of bread.
[01:30:03.080 --> 01:30:06.080]  Poor people, there's something for you.
[01:30:06.080 --> 01:30:10.080]  Austin's Own Caribbean, One Love Kitchen on the banks of Colorado River
[01:30:10.080 --> 01:30:14.080]  at 3109 East 1st Street is where you'll find One Love Kitchen.
[01:30:14.080 --> 01:30:16.080]  Jerk chicken, vegetarian.
[01:30:16.080 --> 01:30:19.080]  Restaurant, Monday through Wednesday, lunch and dinner, $5.
[01:30:19.080 --> 01:30:24.080]  Friday and Saturday, we got late night with Emperor Sound Crew, still a $5 place.
[01:30:24.080 --> 01:30:30.080]  Jerk chicken and vegetarian place to beat One Love Kitchen, Austin, Texas.
[01:30:30.080 --> 01:30:35.080]  Will the Brits borrow Beijing's Big Brother taxi tricks for the 2012 Olympics?
[01:30:35.080 --> 01:30:40.080]  Elite documents suggest they just might copy their communist comrades.
[01:30:40.080 --> 01:30:44.080]  I'm Dr. Catherine Albrecht, and I'll tell you more about the Chinese cab capers in just a moment.
[01:30:44.080 --> 01:30:48.080]  Your search engine is watching you, recording all your searches
[01:30:48.080 --> 01:30:52.080]  and creating a massive database of your personal information.
[01:30:52.080 --> 01:30:53.080]  That's creepy.
[01:30:53.080 --> 01:30:55.080]  But it doesn't have to be that way.
[01:30:55.080 --> 01:30:58.080]  Startpage.com is the world's most private search engine.
[01:30:58.080 --> 01:31:01.080]  Startpage doesn't store your IP address, make a record of your searches,
[01:31:01.080 --> 01:31:04.080]  or use tracking cookies, and they're third-party certified.
[01:31:04.080 --> 01:31:08.080]  If you don't like Big Brother spying on you, start over with Startpage.
[01:31:08.080 --> 01:31:11.080]  Great search results and total privacy.
[01:31:11.080 --> 01:31:14.080]  Startpage.com, the world's most private search engine.
[01:31:14.080 --> 01:31:20.080]  The Chinese government took surreptitious listening to a whole new level during the 2008 Beijing Olympics.
[01:31:20.080 --> 01:31:24.080]  Big Brother taxis were fitted with GPS devices and microphones
[01:31:24.080 --> 01:31:29.080]  so police could monitor conversations, track vehicle movements, and even stop cabs at will.
[01:31:29.080 --> 01:31:33.080]  While the Chinese cab capers were in character for our communist comrades,
[01:31:33.080 --> 01:31:38.080]  the big surprise is Britain's interest in adopting those same tactics for their 2012 Olympics.
[01:31:38.080 --> 01:31:44.080]  A leaked Scotland Yard report indicated the Brits found lessons to be learned from the Chinese tracking techniques.
[01:31:44.080 --> 01:31:47.080]  While it's still not clear how far the Brits are willing to go,
[01:31:47.080 --> 01:31:52.080]  the country's Home Office has confirmed it is looking into technology for remotely stopping vehicles.
[01:31:52.080 --> 01:32:04.080]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:22.080 --> 01:32:26.080]  All right, folks. Rule of Law Radio, we are back.
[01:32:26.080 --> 01:32:28.080]  We've got a half an hour left.
[01:32:28.080 --> 01:32:32.080]  512-646-1984 is the call-in number.
[01:32:32.080 --> 01:32:37.080]  If you have any questions or anything you need to get some help with, please give us a call.
[01:32:37.080 --> 01:32:40.080]  It is traffic night, but we will try to help you however we can.
[01:32:40.080 --> 01:32:44.080]  The only thing I really can't do a lot with is mortgages.
[01:32:44.080 --> 01:32:49.080]  That's Randy's area of expertise, so if you have a mortgage question, please save that for Thursday or Friday.
[01:32:49.080 --> 01:32:52.080]  Okay, let's get finished up with Hondo.
[01:32:52.080 --> 01:32:54.080]  All right, Hondo.
[01:32:54.080 --> 01:32:58.080]  Now, you said the judge left after he took you in to see the county attorney.
[01:32:58.080 --> 01:33:05.080]  Right, and the county attorney proceeded to, you know, tell me kind of plea bargain type things,
[01:33:05.080 --> 01:33:09.080]  and I just told her, you know, hey, look, I'm not going to plea.
[01:33:09.080 --> 01:33:11.080]  It's useless to even tell me these kind of things.
[01:33:11.080 --> 01:33:15.080]  I'm just going to follow my motion, and we'll go from there.
[01:33:15.080 --> 01:33:22.080]  I'm going to try to be short, but I followed my motion to dismiss for lack of subject matter jurisdiction,
[01:33:22.080 --> 01:33:32.080]  and in the mail I got a letter from the county judge saying that my motion was denied
[01:33:32.080 --> 01:33:40.080]  and my case was set for trial on such-and-such date by jury, and that's all there was to it.
[01:33:40.080 --> 01:33:42.080]  No motion hearing, nothing.
[01:33:42.080 --> 01:33:50.080]  And anyway, so I was wondering, do I need to, if I file more motions,
[01:33:50.080 --> 01:33:52.080]  I feel like he's just going to deny them and set me for trial.
[01:33:52.080 --> 01:33:57.080]  File a motion for finding of facts and conclusions of law as to why it was denied.
[01:33:57.080 --> 01:33:58.080]  Exactly.
[01:33:58.080 --> 01:33:59.080]  Did you check your record while you were there?
[01:33:59.080 --> 01:34:05.080]  Exactly, and that's what I need to, I've tried to find all my traffic seminar materials
[01:34:05.080 --> 01:34:08.080]  and jurisprudence.com and hadn't really found it.
[01:34:08.080 --> 01:34:11.080]  Is that something you all can help me with?
[01:34:11.080 --> 01:34:17.080]  There is a sample findings of facts and conclusions of law in the seminar material.
[01:34:17.080 --> 01:34:18.080]  Oh, there is?
[01:34:18.080 --> 01:34:19.080]  Okay.
[01:34:19.080 --> 01:34:20.080]  Yes.
[01:34:20.080 --> 01:34:24.080]  I'll look a little harder in there and find that, but that's absolutely what I,
[01:34:24.080 --> 01:34:32.080]  you know, that's what's got to be filed because, and I think they'll gag when they see that.
[01:34:32.080 --> 01:34:37.080]  Yeah, you want the judge to state what law he's basing his denial on.
[01:34:37.080 --> 01:34:38.080]  That's what it's about.
[01:34:38.080 --> 01:34:42.080]  It's really nothing more than the same type of motion except when you file it,
[01:34:42.080 --> 01:34:47.080]  you're going to make specific statements as in this motion was unopposed by the
[01:34:47.080 --> 01:34:52.080]  prosecuting attorney, yet the magistrate ruled against it on what grounds.
[01:34:52.080 --> 01:34:57.080]  What particular law did the magistrate rely on to determine that this law either did
[01:34:57.080 --> 01:35:01.080]  not apply or did not have any effect on this case?
[01:35:01.080 --> 01:35:02.080]  Right.
[01:35:02.080 --> 01:35:07.080]  And then you make them answer with specific statutory and legal responses as to why
[01:35:07.080 --> 01:35:10.080]  they denied each point in the motion.
[01:35:10.080 --> 01:35:14.080]  So all you need to really do if you can't find the one in the material is take the
[01:35:14.080 --> 01:35:19.080]  motion you filed, go through it point by point, and ask that specific question.
[01:35:19.080 --> 01:35:24.080]  A motion was submitted asking the following or making the following statement of law.
[01:35:24.080 --> 01:35:31.080]  The judge denied said statement of law based on what legal and lawful authority as
[01:35:31.080 --> 01:35:37.080]  this statement and motion were unopposed by the opposing counsel.
[01:35:37.080 --> 01:35:38.080]  Okay.
[01:35:38.080 --> 01:35:41.080]  That's really all there is to it.
[01:35:41.080 --> 01:35:45.080]  It's stated a little more eloquently than that in the actual sample, but you'll
[01:35:45.080 --> 01:35:47.080]  get the idea when you see it.
[01:35:47.080 --> 01:35:52.080]  And you just take that sample and you construct a new one based on each provision of
[01:35:52.080 --> 01:35:54.080]  each section of the motion you filed.
[01:35:54.080 --> 01:35:58.080]  Do that for every motion you filed that gets denied.
[01:35:58.080 --> 01:35:59.080]  Okay.
[01:35:59.080 --> 01:36:00.080]  Perfect.
[01:36:00.080 --> 01:36:01.080]  Okay.
[01:36:01.080 --> 01:36:10.080]  The next thing is it was issued a citation in municipal court, Comanche, Texas, and
[01:36:10.080 --> 01:36:17.080]  the address on the citation was not even the address where the municipal court was.
[01:36:17.080 --> 01:36:18.080]  I showed up.
[01:36:18.080 --> 01:36:19.080]  It was late.
[01:36:19.080 --> 01:36:25.080]  I did not show up on the date that I was supposed to, but that's irrelevant.
[01:36:25.080 --> 01:36:28.080]  It would have been impossible either way.
[01:36:28.080 --> 01:36:32.080]  She looked at my ticket and she said, oh, I don't know why they issue these still.
[01:36:32.080 --> 01:36:37.080]  The municipal court has moved to, and she told me where it was moved to.
[01:36:37.080 --> 01:36:40.080]  And besides that, I said, ma'am, and I was recording this.
[01:36:40.080 --> 01:36:42.080]  I said, ma'am, can you read this citation?
[01:36:42.080 --> 01:36:44.080]  The citation was illegible.
[01:36:44.080 --> 01:36:46.080]  You could not read the duplicate copy.
[01:36:46.080 --> 01:36:50.080]  And she said, no, I'm glad I don't have to deal with this because I can't read anything
[01:36:50.080 --> 01:36:51.080]  on it.
[01:36:51.080 --> 01:36:52.080]  I said, okay.
[01:36:52.080 --> 01:36:56.080]  And at that point I was going to go home, but I decided, no, I want to go on over and
[01:36:56.080 --> 01:36:58.080]  see what the municipal court has to say about it.
[01:36:58.080 --> 01:37:06.080]  So I go into the municipal court, and the clerk, I showed it to the clerk, and she said,
[01:37:06.080 --> 01:37:07.080]  well, how do you want to plea?
[01:37:07.080 --> 01:37:08.080]  I said, I'm not going to plea.
[01:37:08.080 --> 01:37:14.080]  And she said, well, I said, ma'am, can you read that citation?
[01:37:14.080 --> 01:37:17.080]  And the date I was supposed to appear, et cetera, I asked her different questions.
[01:37:17.080 --> 01:37:18.080]  She could read it perfectly.
[01:37:18.080 --> 01:37:23.080]  And I said, well, you must have more experience reading illegible citations than me or anyone
[01:37:23.080 --> 01:37:24.080]  else I've interviewed.
[01:37:24.080 --> 01:37:29.080]  And she said, okay, you're the guy, because I gave them the affidavit that you give the
[01:37:29.080 --> 01:37:32.080]  officer whenever he pulls you over.
[01:37:32.080 --> 01:37:35.080]  She said, okay, you're the fellow who has this paperwork.
[01:37:35.080 --> 01:37:38.080]  And she went to the file and got it out.
[01:37:38.080 --> 01:37:42.080]  And she said, I'm going to call in the judge.
[01:37:42.080 --> 01:37:43.080]  I said, perfect.
[01:37:43.080 --> 01:37:44.080]  That'd be great.
[01:37:44.080 --> 01:37:45.080]  So she calls me in about 10 minutes later.
[01:37:45.080 --> 01:37:46.080]  She comes in.
[01:37:46.080 --> 01:37:47.080]  The judge comes in.
[01:37:47.080 --> 01:37:49.080]  And I go in, sit down with her.
[01:37:49.080 --> 01:37:53.080]  And she tells me that I told her I'm not going to enter a plea.
[01:37:53.080 --> 01:37:56.080]  She said, well, then the court will enter a plea of not guilty for you.
[01:37:56.080 --> 01:37:58.080]  And I said, what about an examining trial?
[01:37:58.080 --> 01:38:01.080]  What about 15.17, a code of criminal procedure?
[01:38:01.080 --> 01:38:03.080]  When does that come into play?
[01:38:03.080 --> 01:38:04.080]  And she says, well, that doesn't.
[01:38:04.080 --> 01:38:10.080]  And class C misdemeanors, you don't have the right to an examining trial, because all the
[01:38:10.080 --> 01:38:14.080]  evidence the officer has against you, you also have.
[01:38:14.080 --> 01:38:20.080]  So anyway, it was a wild deal.
[01:38:20.080 --> 01:38:24.080]  Well, did you point her to 15.17 G by any chance?
[01:38:24.080 --> 01:38:25.080]  Right, I did.
[01:38:25.080 --> 01:38:33.080]  I told her 15.17 G says that whenever I appear for, and she actually pulled out her law book
[01:38:33.080 --> 01:38:36.080]  that I guess had code of criminal procedure, and she opened it.
[01:38:36.080 --> 01:38:38.080]  But I don't think she looked at it.
[01:38:38.080 --> 01:38:46.080]  And I said 15.17 G says that whenever I appear from a promise on a citation, this is what
[01:38:46.080 --> 01:38:48.080]  you're supposed to do.
[01:38:48.080 --> 01:38:50.080]  And she pulled it out, and she was going to look at it.
[01:38:50.080 --> 01:38:57.080]  And she said, well, if this would have been a charge for drugs or something like that,
[01:38:57.080 --> 01:38:59.080]  a higher charge, then you would have those rights.
[01:38:59.080 --> 01:39:02.080]  But since it's only a class C misdemeanor, you don't.
[01:39:02.080 --> 01:39:06.080]  And it's punishable by fine only.
[01:39:06.080 --> 01:39:15.080]  And I said, no, driving while license is suspended is actually punishable by confinement.
[01:39:15.080 --> 01:39:17.080]  It is.
[01:39:17.080 --> 01:39:21.080]  And anyway, she was just, I can't.
[01:39:21.080 --> 01:39:23.080]  Okay, well, here's her problem.
[01:39:23.080 --> 01:39:29.080]  First off, 15.17 G specifically says it applies to class C misdemeanor citations, which are issued
[01:39:29.080 --> 01:39:36.080]  under 14.06 B, as well as A and B misdemeanors issued under 14.06 C.
[01:39:36.080 --> 01:39:38.080]  It says it right there in the section.
[01:39:38.080 --> 01:39:40.080]  So it's obvious she didn't read it.
[01:39:40.080 --> 01:39:44.080]  It's also obvious if she read it, she didn't understand it.
[01:39:44.080 --> 01:39:48.080]  So the first thing I would do is file judicial conduct complaints.
[01:39:48.080 --> 01:39:55.080]  And if she's an attorney, file bar grievances against this magistrate for incompetence.
[01:39:55.080 --> 01:39:58.080]  I have a judicial conduct complaint started.
[01:39:58.080 --> 01:40:04.080]  I found it through the board, the judicial board.
[01:40:04.080 --> 01:40:05.080]  I can't remember exactly how.
[01:40:05.080 --> 01:40:07.080]  Yeah, there's a copy of those in the seminar material, too.
[01:40:07.080 --> 01:40:09.080]  Under the remedies, there's a templates folder.
[01:40:09.080 --> 01:40:15.080]  In there, you will find a folder for judicial conduct complaints and for bar grievances.
[01:40:15.080 --> 01:40:20.080]  And in each one of those, they're in the form that the state set up for submitting for those purposes.
[01:40:20.080 --> 01:40:26.080]  And that is not, you don't take that to a magistrate like a normal complaint.
[01:40:26.080 --> 01:40:29.080]  You send it in to the judicial committee.
[01:40:29.080 --> 01:40:32.080]  Judicial conduct committee and to the state bar.
[01:40:32.080 --> 01:40:35.080]  Okay, perfect.
[01:40:35.080 --> 01:40:40.080]  All right, well, I hate to say it, but I've got to put my license plate back on my truck
[01:40:40.080 --> 01:40:43.080]  and I have to start driving the speed limit because I have too many citations.
[01:40:43.080 --> 01:40:44.080]  I can't deal with it all.
[01:40:44.080 --> 01:40:46.080]  So I have to start following the law.
[01:40:46.080 --> 01:40:48.080]  Well, you are following the law.
[01:40:48.080 --> 01:40:49.080]  They're the one that's not.
[01:40:49.080 --> 01:40:53.080]  What you need to do is start going after these judges who refuse to abide by it.
[01:40:53.080 --> 01:40:56.080]  That's the only way we're going to fix this problem.
[01:40:56.080 --> 01:40:57.080]  I need to rephrase that.
[01:40:57.080 --> 01:40:59.080]  That's not what I should have said.
[01:40:59.080 --> 01:41:00.080]  Okay.
[01:41:00.080 --> 01:41:09.080]  I have to start inducting myself in a manner as to where I'm not accosted by these rogue officials.
[01:41:09.080 --> 01:41:11.080]  Let me put it that way.
[01:41:11.080 --> 01:41:14.080]  Well, that part's up to you, but good luck.
[01:41:14.080 --> 01:41:19.080]  Well, yeah, and even when you are, you're going to be harassed.
[01:41:19.080 --> 01:41:24.080]  But I have to cut down on the level of harassment because I just have too many of these things.
[01:41:24.080 --> 01:41:25.080]  Okay.
[01:41:25.080 --> 01:41:26.080]  Well, is that all we can do for you, Hondo?
[01:41:26.080 --> 01:41:27.080]  Yes, sir, Eddie.
[01:41:27.080 --> 01:41:28.080]  I appreciate it.
[01:41:28.080 --> 01:41:31.080]  Have a great new year, and we'll be talking all soon.
[01:41:31.080 --> 01:41:32.080]  Thanks, you too.
[01:41:32.080 --> 01:41:33.080]  Thanks for calling in.
[01:41:33.080 --> 01:41:34.080]  All right.
[01:41:34.080 --> 01:41:37.080]  We have Doug in Texas, Doug in Wisconsin, and Eric in Washington.
[01:41:37.080 --> 01:41:40.080]  Right now, let's go to Doug in Wisconsin.
[01:41:40.080 --> 01:41:42.080]  Doug, what can we do for you?
[01:41:42.080 --> 01:41:52.080]  I was wondering if you knew if most auto insurance companies would drop you if they found out that you had an expired license, which is...
[01:41:52.080 --> 01:41:55.080]  Almost certainly.
[01:41:55.080 --> 01:42:03.080]  Okay, my situation is I didn't realize that I'd be switching insurers, and I just got new insurance.
[01:42:03.080 --> 01:42:15.080]  I wasn't going to redo my license, whatever you call it, and now I'm wondering if...
[01:42:15.080 --> 01:42:22.080]  I can't pursue the traffic stuff, your sum amount of materials and things like that, for a little while yet.
[01:42:22.080 --> 01:42:26.080]  But I was going to let the license, I guess, slide.
[01:42:26.080 --> 01:42:28.080]  What I'm wondering is...
[01:42:28.080 --> 01:42:29.080]  Okay.
[01:42:29.080 --> 01:42:34.080]  Well, before you go any further with that, let me iterate something to you here, and that is this.
[01:42:34.080 --> 01:42:43.080]  Whether or not you have my seminar materials not to issue here, if you intend to do what you're discussing right now, you better have got your facts straight,
[01:42:43.080 --> 01:42:50.080]  your knowledge intact, and your ability to make the argument down pat, because you're going to get plenty of opportunity to do it.
[01:42:50.080 --> 01:42:57.080]  It's a good learning experience if you don't, but it can also be extremely expensive and hard on you.
[01:42:57.080 --> 01:43:05.080]  So I don't desire that anyone throw caution to the winds and just jump on the bandwagon at all.
[01:43:05.080 --> 01:43:12.080]  This is not something to be taken lightly, because you will get used and abused by these people, okay?
[01:43:12.080 --> 01:43:20.080]  So be sure you want to do what you're doing that you know how to fight back when you do it.
[01:43:20.080 --> 01:43:25.080]  Well, right now I don't. I know enough to be probably dangerous that just from listening to the show...
[01:43:25.080 --> 01:43:29.080]  Yeah, but the question is, dangerous to who?
[01:43:29.080 --> 01:43:31.080]  You or them?
[01:43:31.080 --> 01:43:35.080]  Probably myself, but...
[01:43:35.080 --> 01:43:37.080]  Well, okay.
[01:43:37.080 --> 01:43:41.080]  But yeah, hang on just a second, Doug. We're going to break. I'll finish with you on the other side.
[01:43:41.080 --> 01:43:45.080]  We've got a couple of callers on the porch. We'll have to make it quick, but hang on and we'll be right back.
[01:43:45.080 --> 01:43:46.080]  Okay.
[01:43:46.080 --> 01:43:50.080]  All right, folks. This is Rule of Law Radio. This is Eddie Craig. Denver Stevens has the night off.
[01:43:50.080 --> 01:43:56.080]  We are going to break, but we will be right back. This is the last segment coming up, so please bear with us.
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[01:46:23.080 --> 01:46:25.080]  Hi folks, we are back.
[01:46:25.080 --> 01:46:26.080]  Rule of Law Radio.
[01:46:26.080 --> 01:46:28.080]  We are in our last segment.
[01:46:28.080 --> 01:46:32.080]  We have three callers on the board, which means we can give you guys about an average of five minutes apiece.
[01:46:32.080 --> 01:46:34.080]  So let's see what we can do.
[01:46:34.080 --> 01:46:36.080]  Doug, please continue.
[01:46:36.080 --> 01:46:37.080]  Yeah, I'll try to make this quick.
[01:46:37.080 --> 01:46:46.080]  You're saying your policy would be to get the seminar material and learn as much as you can?
[01:46:46.080 --> 01:46:47.080]  I didn't, no.
[01:46:47.080 --> 01:46:51.080]  I'm not saying that you have to have my materials to do what you're doing.
[01:46:51.080 --> 01:46:54.080]  What I'm saying is that even without my materials,
[01:46:54.080 --> 01:47:00.080]  you still need to be knowledgeable of the law in your state to do what you're planning on doing.
[01:47:00.080 --> 01:47:04.080]  All my material is meant to do is to educate you on how it is in Texas
[01:47:04.080 --> 01:47:08.080]  and teach you how to dissect a statute no matter what state you're in.
[01:47:08.080 --> 01:47:10.080]  That's what my material does.
[01:47:10.080 --> 01:47:16.080]  It gives you basic court documents that most people so far have been able to adapt to their own state.
[01:47:16.080 --> 01:47:21.080]  So they should be fairly similar as you would use in most places.
[01:47:21.080 --> 01:47:26.080]  But the seminar material beside the point, it's simply the fact that if you're going to fight these guys,
[01:47:26.080 --> 01:47:30.080]  you better know the tools you're using to fight them with.
[01:47:30.080 --> 01:47:37.080]  Until such point, you would get the registration and the license done.
[01:47:37.080 --> 01:47:43.080]  Like I said, if you're not prepared to do the fight, don't go where you're going to get in that fight.
[01:47:43.080 --> 01:47:53.080]  Another quick question is how do people get insurance if they go the full route
[01:47:53.080 --> 01:47:57.080]  and eventually get rid of their license and registration?
[01:47:57.080 --> 01:47:59.080]  Where do they get insurance to be able to do that?
[01:47:59.080 --> 01:48:04.080]  Well, most of the time if you're able to get rid of your license and your registration,
[01:48:04.080 --> 01:48:07.080]  you're not required to have the insurance anyway.
[01:48:07.080 --> 01:48:11.080]  And even if you want it, most companies aren't going to provide it,
[01:48:11.080 --> 01:48:19.080]  at least not until we force the legislature to change the law and require them to offer private insurance.
[01:48:19.080 --> 01:48:24.080]  Right now, no insurance company offers insurance coverage for a private automobile.
[01:48:24.080 --> 01:48:28.080]  They only offer insurance coverage for motor vehicles.
[01:48:28.080 --> 01:48:34.080]  And in order to have that, you've got to have a license and you've got to have it registered.
[01:48:34.080 --> 01:48:42.080]  Well, even if you got rid of those things, unless you created your own private contributory co-op
[01:48:42.080 --> 01:48:46.080]  and everybody just put money into a trust fund that they could claim against
[01:48:46.080 --> 01:48:53.080]  and somebody managed it like some people have done, there's not going to be any insurance available to you anyway.
[01:48:53.080 --> 01:48:57.080]  So the people that are doing this right now, what we just talked about?
[01:48:57.080 --> 01:49:00.080]  I don't know how they're doing it as far as what they're doing.
[01:49:00.080 --> 01:49:03.080]  I'm not even positive they have insurance or don't have insurance.
[01:49:03.080 --> 01:49:10.080]  I'm just simply telling you what my experience has taught me.
[01:49:10.080 --> 01:49:13.080]  Well, I'd like to ask you what you do, but it's still on my business.
[01:49:13.080 --> 01:49:18.080]  What I do is if I cause an accident, I'm responsible and liable for that accident,
[01:49:18.080 --> 01:49:24.080]  even if that means I've got to work until I drop dead to pay off whatever I owe because of it.
[01:49:24.080 --> 01:49:33.080]  Henceforth, I am extremely careful when I go out and travel not to cause an accident.
[01:49:33.080 --> 01:49:37.080]  Okay. I'll let the other callers get on the line. I appreciate it.
[01:49:37.080 --> 01:49:39.080]  Yes, sir. Thank you for calling in.
[01:49:39.080 --> 01:49:40.080]  Okay. Thanks.
[01:49:40.080 --> 01:49:43.080]  All right. Bye-bye.
[01:49:43.080 --> 01:49:46.080]  Okay. Doug in Texas, what can we do for you?
[01:49:46.080 --> 01:49:54.080]  Yeah, I'm talking about having the right to assistance of counsel,
[01:49:54.080 --> 01:49:59.080]  and you can get it free if you're declared indigent.
[01:49:59.080 --> 01:50:05.080]  Would I be declared indigent if I said I have no money in my budget
[01:50:05.080 --> 01:50:10.080]  to hire a little bar card carrying ambulance chaser?
[01:50:10.080 --> 01:50:12.080]  Well, here's the problem.
[01:50:12.080 --> 01:50:16.080]  You do not have to be dead broke to be declared indigent.
[01:50:16.080 --> 01:50:22.080]  All that has to be shown is that the cost of hiring counsel would be a burden upon you financially
[01:50:22.080 --> 01:50:26.080]  or something of that nature. That's all the law requires.
[01:50:26.080 --> 01:50:30.080]  It does not require that you be dead broke or living on the street.
[01:50:30.080 --> 01:50:36.080]  It simply requires that it would be a financial hardship to have to pay that money to an attorney.
[01:50:36.080 --> 01:50:42.080]  Now, the problem, however, is even if you qualify in that regard,
[01:50:42.080 --> 01:50:49.080]  26.04 Code of Criminal Procedure specifically prohibits the appointment of counsel for fine-only offenses.
[01:50:49.080 --> 01:50:51.080]  That's the major problem.
[01:50:51.080 --> 01:50:59.080]  The legislature has attempted to deny the right of due process to a class of crime
[01:50:59.080 --> 01:51:04.080]  simply because of the punishment involved rather than the fact that it's a criminal case,
[01:51:04.080 --> 01:51:11.080]  which that's all the Constitution addresses, is the fact that it's a criminal case.
[01:51:11.080 --> 01:51:20.080]  Eddie, when you hire a bar card carrying a piece of excrement, isn't that tantamount to paying a fine?
[01:51:20.080 --> 01:51:25.080]  Somebody's stealing your money either way, so I see little point in doing either one.
[01:51:25.080 --> 01:51:33.080]  Right. I mean, it would be just, you know, I'm going to be at $1,000 to hire one little...
[01:51:33.080 --> 01:51:36.080]  Right, if not more.
[01:51:36.080 --> 01:51:39.080]  And it pretty much equates to them giving you the option of,
[01:51:39.080 --> 01:51:43.080]  would you like to play Russian roulette with your right temple or your left temple?
[01:51:43.080 --> 01:51:45.080]  That's really all they're doing.
[01:51:45.080 --> 01:51:56.080]  And we're giving you this 1911.45 automatic with an eight-shot clip, but there's only one bullet in it.
[01:51:56.080 --> 01:51:57.080]  Exactly.
[01:51:57.080 --> 01:52:02.080]  Right. That's a good deal.
[01:52:02.080 --> 01:52:05.080]  But that's pretty much what it comes down to.
[01:52:05.080 --> 01:52:11.080]  Yes, they are, they have legislatively attempted to deny the people their right to assistance of counsel
[01:52:11.080 --> 01:52:16.080]  in a criminal case simply because of the type of punishment involved.
[01:52:16.080 --> 01:52:20.080]  There's no constitutional authority to that whatsoever.
[01:52:20.080 --> 01:52:22.080]  It doesn't exist.
[01:52:22.080 --> 01:52:30.080]  But I'm just, my whole point is, if you have a right to something, you shouldn't have to pay for it, should you?
[01:52:30.080 --> 01:52:32.080]  Well, that's also true.
[01:52:32.080 --> 01:52:38.080]  And if you have a right to something, it should not be necessary for the public servant that you hired to protect that right
[01:52:38.080 --> 01:52:44.080]  to demand that you specifically invoke it before they're required to protect it.
[01:52:44.080 --> 01:52:46.080]  Correct.
[01:52:46.080 --> 01:52:50.080]  That's like hiring a guard dog to watch you while you sleep,
[01:52:50.080 --> 01:52:55.080]  but he requires that you wake up and see the burglar in order to tell him to attack.
[01:52:55.080 --> 01:52:58.080]  Right. Right.
[01:52:58.080 --> 01:53:01.080]  Okay. Well, I think we've had enough Dougs tonight.
[01:53:01.080 --> 01:53:03.080]  We can go on to somebody else.
[01:53:03.080 --> 01:53:04.080]  All right, Doug.
[01:53:04.080 --> 01:53:05.080]  Thanks for calling in.
[01:53:05.080 --> 01:53:06.080]  Okay.
[01:53:06.080 --> 01:53:07.080]  We've got time for one more caller.
[01:53:07.080 --> 01:53:10.080]  And if my caller page will refresh here, I'll tell you who that is.
[01:53:10.080 --> 01:53:12.080]  Gary in Georgia.
[01:53:12.080 --> 01:53:13.080]  All right.
[01:53:13.080 --> 01:53:14.080]  Thanks, Doug.
[01:53:14.080 --> 01:53:15.080]  We'll talk to you later.
[01:53:15.080 --> 01:53:16.080]  Okay.
[01:53:16.080 --> 01:53:17.080]  All right, Gary.
[01:53:17.080 --> 01:53:18.080]  What can we do for you?
[01:53:18.080 --> 01:53:23.080]  Well, I'll be real quick and not talk real quick one time.
[01:53:23.080 --> 01:53:28.080]  I mean, Randy said talk real quick, but anyway, first I want to make the comment
[01:53:28.080 --> 01:53:34.080]  what you just said, for people need to go look at their Constitution,
[01:53:34.080 --> 01:53:40.080]  the Bill of Rights, is we the people, is not we that the people contracted to
[01:53:40.080 --> 01:53:43.080]  to protect the health, safety, and welfare.
[01:53:43.080 --> 01:53:46.080]  Ladies and gentlemen, it's called police power.
[01:53:46.080 --> 01:53:52.080]  It doesn't mean that you've got to have a police officer in a band, y'all.
[01:53:52.080 --> 01:53:54.080]  It means a little lady behind the counter.
[01:53:54.080 --> 01:54:00.080]  Every single one of them have sworn an oath to uphold Constitution.
[01:54:00.080 --> 01:54:01.080]  It was stated tonight.
[01:54:01.080 --> 01:54:05.080]  Well, where can I find the duties of this public officer?
[01:54:05.080 --> 01:54:08.080]  Well, in my state, in Georgia, this is Title 45.
[01:54:08.080 --> 01:54:15.080]  Every state has a public title.
[01:54:15.080 --> 01:54:20.080]  Like in Title 5 of the Fed, it's federal employees.
[01:54:20.080 --> 01:54:22.080]  All government, what they can do.
[01:54:22.080 --> 01:54:32.080]  But what you just made in to that gentleman is, hey, where do I find this,
[01:54:32.080 --> 01:54:36.080]  what I do, but it's rights versus privileges.
[01:54:36.080 --> 01:54:42.080]  And I do want to quote for anyone listening because I heard one of your programs
[01:54:42.080 --> 01:54:46.080]  and maybe you can, I didn't get all of these quotations.
[01:54:46.080 --> 01:54:52.080]  But ladies and gentlemen, it's one of the best quotations you'll ever find.
[01:54:52.080 --> 01:54:58.080]  And I'll quote the name because otherwise, if you say blue versus green,
[01:54:58.080 --> 01:55:02.080]  you may find 1,000 citations with it.
[01:55:02.080 --> 01:55:11.080]  But it quoted 155 Virginia, 3867 Virginia Supreme Court.
[01:55:11.080 --> 01:55:18.080]  And what the head knows is that it is fundamental principle of my system of government
[01:55:18.080 --> 01:55:25.080]  that the rights of men are to be determined by the law itself.
[01:55:25.080 --> 01:55:29.080]  It doesn't mean mother law, daddy law.
[01:55:29.080 --> 01:55:36.080]  It means a really common law because the legislature, they make statutory laws.
[01:55:36.080 --> 01:55:42.080]  But it's still for protection, not for us to be included in.
[01:55:42.080 --> 01:55:45.080]  And he gave a good example.
[01:55:45.080 --> 01:55:50.080]  Do I have to go call a dog if a burger's coming in?
[01:55:50.080 --> 01:55:52.080]  No.
[01:55:52.080 --> 01:55:59.080]  Anyway, this citation certainly tells you there's the right to travel,
[01:55:59.080 --> 01:56:04.080]  streets and highways, right of citizens to travel and transport property,
[01:56:04.080 --> 01:56:06.080]  the use of ordinary vehicles.
[01:56:06.080 --> 01:56:11.080]  And if you read that, without me getting into it and taking up more time,
[01:56:11.080 --> 01:56:17.080]  is that it also tells you of modern-day conveniences.
[01:56:17.080 --> 01:56:24.080]  So you had that right way before they ever started having what's known as automobiles.
[01:56:24.080 --> 01:56:30.080]  You look at the statute, which is statutory definitions, you're not a driver.
[01:56:30.080 --> 01:56:37.080]  And therefore, if you're driving, well, then you must be in a commercial activity
[01:56:37.080 --> 01:56:44.080]  under 49 CFR because the states, and he said all of this,
[01:56:44.080 --> 01:56:49.080]  and I can't express enough for people to take his material.
[01:56:49.080 --> 01:56:54.080]  Because I look at it administratively, any police officer,
[01:56:54.080 --> 01:57:00.080]  he has to have the delegated authority from the commissioner of motor vehicles
[01:57:00.080 --> 01:57:03.080]  or whoever who it is in your state.
[01:57:03.080 --> 01:57:07.080]  So therefore, he has to exhaust this administrative remedy.
[01:57:07.080 --> 01:57:14.080]  So therefore, the police officer, when we're talking about just a judicial process,
[01:57:14.080 --> 01:57:16.080]  it's not no judicial process.
[01:57:16.080 --> 01:57:19.080]  It's called a slave process.
[01:57:19.080 --> 01:57:24.080]  By the way, thanks for letting me rant back to anybody.
[01:57:24.080 --> 01:57:28.080]  What you just said, really, if people listen to you,
[01:57:28.080 --> 01:57:34.080]  they just put it right on point right through the citizens versus privileges.
[01:57:34.080 --> 01:57:37.080]  Have a nice night and enjoy yourself.
[01:57:37.080 --> 01:57:38.080]  Thanks, Gary.
[01:57:38.080 --> 01:57:39.080]  I appreciate that a lot.
[01:57:39.080 --> 01:57:40.080]  Yes, sir.
[01:57:40.080 --> 01:57:41.080]  Good night.
[01:57:41.080 --> 01:57:42.080]  Yes, sir.
[01:57:42.080 --> 01:57:43.080]  Good night.
[01:57:43.080 --> 01:57:44.080]  All right, folks.
[01:57:44.080 --> 01:57:47.080]  This is something we all need to remember.
[01:57:47.080 --> 01:57:51.080]  The Constitution in every state and the Constitution of the United States
[01:57:51.080 --> 01:57:55.080]  is written with a specific intent of purpose
[01:57:55.080 --> 01:58:01.080]  to stand between we the people and our servants.
[01:58:01.080 --> 01:58:09.080]  The constitutions begin on the premise of we the people, not me the government.
[01:58:09.080 --> 01:58:11.080]  We need to keep that in mind.
[01:58:11.080 --> 01:58:12.080]  They work for us.
[01:58:12.080 --> 01:58:14.080]  They don't rule us.
[01:58:14.080 --> 01:58:17.080]  They don't lord it over us.
[01:58:17.080 --> 01:58:22.080]  They're there for the protection of the rights and property that belong to us,
[01:58:22.080 --> 01:58:28.080]  not to tell us what we can and cannot do with that property or with our own.
[01:58:28.080 --> 01:58:29.080]  So, folks, thanks for listening in.
[01:58:29.080 --> 01:58:31.080]  This is Rule of Law Radio.
[01:58:31.080 --> 01:58:33.080]  We'll catch you on Thursday.
[01:58:33.080 --> 01:58:45.080]  Thank you.
[01:59:03.080 --> 01:59:22.080]  Thank you.
[01:59:22.080 --> 01:59:37.080]  Thank you.
[01:59:37.080 --> 01:59:52.080]  Thank you.
[01:59:52.080 --> 02:00:07.080]  Thank you.