[00:00.000 --> 00:04.560]  This news brief brought to you by the International Newsnet.
[00:04.560 --> 00:11.400]  Thousands of documents obtained by Bloomberg News show the Federal Reserve loaned $1.2 trillion
[00:11.400 --> 00:18.040]  of taxpayer money to support Wall Street banks between August 2007 and April 2010.
[00:18.040 --> 00:24.960]  The largest borrowers were Morgan Stanley, which took $107 billion, Citigroup at $99
[00:24.960 --> 00:30.920]  billion and Bank of America at $91 billion.
[00:30.920 --> 00:36.600]  A new study from the Food Research and Action Center shows one in five U.S. families couldn't
[00:36.600 --> 00:41.520]  buy food when their family needed it at least once in the past 12 months.
[00:41.520 --> 00:45.560]  Frack President James Wiles said the study reveals families are going without eating
[00:45.560 --> 00:50.120]  a meal or the parents are skipping a meal for their children or children are skipping
[00:50.120 --> 00:52.720]  meals.
[00:52.720 --> 00:59.160]  Last week, Twitter users pinpointed a fake Facebook identity used by military contractor
[00:59.160 --> 01:00.160]  H.B.
[01:00.160 --> 01:04.800]  Gary Federal and a plot to hack opponents of the U.S. Chamber of Commerce.
[01:04.800 --> 01:09.840]  Recently, emails obtained by the hackers group Anonymous revealed the Chamber had hired
[01:09.840 --> 01:10.840]  H.B.
[01:10.840 --> 01:15.880]  Gary to develop a campaign of sabotage against progressive organizations using fake insider
[01:15.880 --> 01:18.320]  personas.
[01:18.320 --> 01:23.040]  Palestinians in Israel have agreed to a ceasefire after three days of border fighting that has
[01:23.040 --> 01:27.320]  killed at least 15 Palestinians in airstrikes since Thursday.
[01:27.320 --> 01:32.760]  At least nine Palestinians, including a 13-year-old boy, were wounded Sunday by Israeli drones
[01:32.760 --> 01:35.480]  and F-16 fighter jets.
[01:35.480 --> 01:40.040]  Palestinian fighters in the Gaza Strip fired several rockets into southern Israel overnight.
[01:40.040 --> 01:42.240]  Most fell in open fields.
[01:42.240 --> 01:45.800]  Gaza's Popular Resistance Committee, which claimed responsibility for many of the rocket
[01:45.800 --> 01:49.880]  attacks, said Monday it would abide by the temporary agreement.
[01:49.880 --> 01:54.280]  The ceasefire comes after the Arab League Sunday, condemned the Israeli raids on the
[01:54.280 --> 01:57.280]  Gaza Strip during an urgent meeting in Cairo.
[01:57.280 --> 02:02.160]  The League called on the international community to put pressure on Israeli occupation authorities
[02:02.160 --> 02:05.040]  to halt this brutal assault.
[02:05.040 --> 02:10.000]  65 protesters were arrested in front of the White House over the weekend and are sit-in
[02:10.000 --> 02:14.240]  to block a planned oil pipeline linking Canada to Texas.
[02:14.240 --> 02:19.600]  The Obama administration is debating whether to approve the Keystone XL pipeline that would
[02:19.600 --> 02:26.320]  transport heavy crude from Canada's tar sands to Texas refineries on the Gulf of Mexico.
[02:26.320 --> 02:30.760]  Supporters say it will increase the nation's energy supply while opponents warn it will
[02:30.760 --> 02:35.960]  raise emissions of carbon dioxide and other gases that are warming the planet and causing
[02:35.960 --> 02:37.360]  extreme weather.
[02:37.360 --> 02:42.440]  Environmentalists fear the Obama administration will approve the pipeline, just as it recently
[02:42.440 --> 02:48.640]  opened much of Alaska to oil drilling and approved coal mining on federal land in Wyoming.
[02:48.640 --> 02:53.920]  Sit-in organizer Bill McKeeben said, quote, this pipeline has emerged as the single clear
[02:53.920 --> 03:21.920]  test of the president's willingness to fight for the environment.
[03:21.920 --> 03:41.860]  This is a
[03:41.860 --> 03:44.860]  Bad boys, bad boys, what you gonna do?
[03:44.860 --> 03:47.580]  What you gonna do when they come for you?
[03:47.580 --> 03:50.280]  When you were eight and your hat bad treats
[03:50.280 --> 03:52.980]  You go to school and learn to go, they don't lose
[03:52.980 --> 03:55.660]  So why are you acting like a bloody fool?
[03:55.660 --> 03:58.240]  If you get hot singing monsters, crew!
[03:58.240 --> 04:01.280]  Bad boys, bad boys, what you gonna do?
[04:01.280 --> 04:03.740]  Or what you gonna do when they come for you?
[04:03.740 --> 04:06.660]  Bad boys, bad boys, what you gonna do?
[04:06.660 --> 04:09.480]  Or what you gonna do when they come for you?
[04:09.480 --> 04:19.760]  Hi folks, good evening, this is Rule of Law Radio, it is Monday night, August 22, 2011.
[04:19.760 --> 04:24.680]  This is Monday night, traffic night, so I've got a little bit of material to present to
[04:24.680 --> 04:29.760]  you regarding proper notice in these types of cases, and then after we get done with
[04:29.760 --> 04:32.640]  that we'll go ahead and start taking your calls, so if you want to go ahead and start
[04:32.640 --> 04:38.320]  lining up on the collar boards after this first segment, please do so.
[04:38.320 --> 04:44.080]  Right now what I would like to talk about is basically how are you noticed and when
[04:44.080 --> 04:50.800]  is it timely to make appearances in these courts over these traffic cases.
[04:50.800 --> 04:59.280]  Now notice is a very big deal, if you are not provided proper notification in a timely
[04:59.280 --> 05:05.480]  manner of when to appear in court and why you're appearing in court, then what this
[05:05.480 --> 05:11.280]  amounts to is a judicial and prosecutorial ambush.
[05:11.280 --> 05:16.560]  You're taken completely by surprise by whatever occurs at the proceedings because you have
[05:16.560 --> 05:22.480]  not been given any information relating to that proceeding.
[05:22.480 --> 05:29.240]  Now one of the prime examples of this very thing in action is how these courts here in
[05:29.240 --> 05:37.400]  Texas especially, here in Austin they're extremely bad about it, but one of the favorite statements
[05:37.400 --> 05:44.680]  by the prosecutor when someone raises the issue of improper and timely notice is the
[05:44.680 --> 05:52.080]  prosecutor states, well we inserted the complaint into the public record therefore it was available.
[05:52.080 --> 05:56.280]  Well slight problem Mr. Prosecutor.
[05:56.280 --> 06:02.520]  First one being that it is not the responsibility of the defendant to keep tabs on the record,
[06:02.520 --> 06:07.160]  nowhere is that responsibility laid at the feet of a defendant.
[06:07.160 --> 06:12.200]  The second problem with that is that the law is very clear that when a filing occurs in
[06:12.200 --> 06:22.040]  any type of judicial proceeding whether it be administrative criminal or civil that notice
[06:22.040 --> 06:29.280]  must be given to the other party of whatever has been filed and the statute state that notice
[06:29.280 --> 06:37.880]  constitutes one of two things, hand delivery or some type of mail delivery.
[06:37.880 --> 06:44.320]  Sometimes it's certified mail, sometimes it can simply just be standard mail, but it must
[06:44.320 --> 06:52.800]  always have been delivered either by mail or by hand to the other party.
[06:52.800 --> 06:58.200]  But in these traffic cases these idiots think that just filing it in the court is ample
[06:58.200 --> 07:04.600]  notice as if it's our responsibility to keep tabs on that record.
[07:04.600 --> 07:07.640]  This is not the case.
[07:07.640 --> 07:13.520]  Now the other thing they do is they send you a notice written more or less like a form
[07:13.520 --> 07:20.000]  letter saying you are required to appear in court on such and such date and time.
[07:20.000 --> 07:24.840]  Well, there's a slight problem with that also.
[07:24.840 --> 07:31.880]  This letter they send out does not conform to the requirements of a summons pursuant
[07:31.880 --> 07:36.320]  23.04 code of criminal procedure.
[07:36.320 --> 07:44.400]  And that statute it very clearly states that a summons is to look exactly like an arrest
[07:44.400 --> 07:45.400]  warrant.
[07:45.400 --> 07:49.240]  It must begin in and by the authority of the state of Texas.
[07:49.240 --> 07:54.240]  It must cite in the body of the summons exactly what you're being summoned for, what the
[07:54.240 --> 07:57.280]  charge is, the whole nine yards.
[07:57.280 --> 08:02.440]  And it will conclude against the peace and dignity of the state just like a warrant.
[08:02.440 --> 08:09.720]  The only difference is that rather than being made out as being directed to a peace officer
[08:09.720 --> 08:17.080]  who is to perform the arrest of the individual named therein, it is made out to the accused
[08:17.080 --> 08:21.760]  telling them they're required to appear.
[08:21.760 --> 08:27.440]  Nothing these courts are sending out comes anywhere near what the law requires it to
[08:27.440 --> 08:29.840]  look like.
[08:29.840 --> 08:35.960]  This of course brings us into the immediate forefront of writing a motion to quash this
[08:35.960 --> 08:40.040]  alleged summons, okay?
[08:40.040 --> 08:46.080]  We're challenging on its facial form because it doesn't comply with law.
[08:46.080 --> 08:50.080]  You want me to come to your court, but you're going to tell me I have to come, but you're
[08:50.080 --> 08:55.880]  not going to obey the law and how you tell me I have to come and show me by what authority
[08:55.880 --> 08:58.000]  you're acting.
[08:58.000 --> 09:02.680]  And that's the entire purpose of in the name and by the authority of the state of Texas
[09:02.680 --> 09:08.840]  to inform you by what authority you are being required to appear.
[09:08.840 --> 09:14.040]  The magistrate wants you to think you have to do it just because they signed it.
[09:14.040 --> 09:16.680]  Not true.
[09:16.680 --> 09:23.360]  If what they're sending out does not comply with law, it is not sufficient.
[09:23.360 --> 09:30.760]  And it is up and subject to challenge because it is insufficient and we need to be doing
[09:30.760 --> 09:31.760]  that.
[09:31.760 --> 09:36.320]  The exact same thing goes for the complaint.
[09:36.320 --> 09:44.320]  There is tons and tons of case law here in Texas that says the complaint is not required
[09:44.320 --> 09:47.520]  to cite everything that's required to be proven.
[09:47.520 --> 09:52.840]  It doesn't have to cite all of the necessary elements of the offense that have to be proven
[09:52.840 --> 09:57.720]  in court, like an indictment or an information does.
[09:57.720 --> 10:06.440]  Now that on its face and plus what 45.019 says it's required to have by law, which does
[10:06.440 --> 10:13.520]  not include these things, that is precisely what makes a complaint completely insufficient
[10:13.520 --> 10:17.720]  and invalid to act as a charging instrument.
[10:17.720 --> 10:23.360]  They don't have to tell you what you're being charged with.
[10:23.360 --> 10:29.040]  And by the same token, there is tons of case law that says when the charging instrument
[10:29.040 --> 10:37.640]  does not apprise the accused of the specific statute in which they are allegedly being
[10:37.640 --> 10:43.760]  charged for this violation, then it's not sufficient.
[10:43.760 --> 10:49.000]  In these complaints, this week I have looked at half a dozen different people's complaints
[10:49.000 --> 10:56.400]  in twice as many cases and not a single one of them cites the statute they're being charged
[10:56.400 --> 10:58.160]  with.
[10:58.160 --> 11:02.680]  So you have no clue whether they're trying to charge you under an ordinance, a state
[11:02.680 --> 11:09.560]  law, a county ordinance, or just a general rule that somebody made up on the fly.
[11:09.560 --> 11:16.080]  You don't know because it's not in the charging document they're trying to use.
[11:16.080 --> 11:21.800]  I'm not going to call a complaint a charging instrument because it simply isn't.
[11:21.800 --> 11:28.240]  Texas Constitution and 27.01 code of criminal procedure says that the primary pleadings
[11:28.240 --> 11:34.840]  of a complaint and the instrument that vests jurisdiction to the court is an indictment
[11:34.840 --> 11:37.240]  or an information.
[11:37.240 --> 11:41.680]  Now we're in there, does it ever use the word complaint?
[11:41.680 --> 11:47.720]  The closest it comes to that is in Article 5, Section 17, where it talks about that
[11:47.720 --> 11:55.840]  a criminal complaint can be initiated in the county court by either an information and
[11:55.840 --> 12:01.600]  the information can only be completed if the attorney for the state was given a signed
[12:01.600 --> 12:09.120]  complaint by somebody or it can be commenced by affidavit.
[12:09.120 --> 12:17.800]  Now the complaint on its face is an affidavit with one slight difference.
[12:17.800 --> 12:27.520]  An affidavit is required to be 100% true and correct and it must be written by someone
[12:27.520 --> 12:34.960]  that has personal knowledge of the facts, otherwise they cannot ensure that the contents
[12:34.960 --> 12:39.040]  of the affidavit are true and correct.
[12:39.040 --> 12:46.800]  That right there throws a little bit of a rich into the gears in arguing that the complaint
[12:46.800 --> 12:53.480]  is the affidavit spoken of in Article 5, Section 17.
[12:53.480 --> 13:00.560]  Because even though the complaint has to be sworn to, the person does not have to have
[13:00.560 --> 13:09.200]  first hand knowledge of the facts and therefore cannot be signing the complaint under penalty
[13:09.200 --> 13:14.800]  of perjury that everything in it is true and correct.
[13:14.800 --> 13:16.600]  See that's the difference.
[13:16.600 --> 13:26.400]  The criminal complaint in these conditions can't be signed under penalty of perjury
[13:26.400 --> 13:33.440]  because no one in the complaint is required to have actual knowledge of the facts asserted
[13:33.440 --> 13:36.320]  in it.
[13:36.320 --> 13:40.840]  Only an affidavit has that requirement.
[13:40.840 --> 13:51.080]  So this once again completely invalidates using a complaint as a charging instrument.
[13:51.080 --> 13:55.360]  It simply doesn't work.
[13:55.360 --> 14:02.040]  When you initiate that case in the county court by affidavit then you better know that
[14:02.040 --> 14:07.200]  the facts asserted in the affidavit are true and correct because the affidavit in order
[14:07.200 --> 14:12.240]  to be an affidavit has to be signed under penalty of perjury.
[14:12.240 --> 14:17.040]  The complaint doesn't.
[14:17.040 --> 14:24.760]  Remember the complaint simply states that the person that is the affidavit has reason
[14:24.760 --> 14:34.400]  to believe, doesn't say that they are personally aware of the facts and assert that it says
[14:34.400 --> 14:42.800]  they have reason to believe and do believe or does believe.
[14:42.800 --> 14:51.280]  I can believe in a lot of things, God for instance, but I can't offer you any absolute
[14:51.280 --> 15:01.680]  set and stone personal knowledge facts that support my position of belief.
[15:01.680 --> 15:04.480]  In this case it's a faith thing.
[15:04.480 --> 15:08.080]  Well that's all that criminal complaint is.
[15:08.080 --> 15:13.840]  Somebody can sign it on the faith that someone else told them the truth about a criminal
[15:13.840 --> 15:18.640]  act that they might have witnessed or heard about.
[15:18.640 --> 15:26.080]  Now what happens when the person that signs the complaint is three or more degrees removed
[15:26.080 --> 15:29.440]  from the person that has actual knowledge?
[15:29.440 --> 15:33.480]  Let's say Bob comes to me and tells me about a criminal act.
[15:33.480 --> 15:40.120]  The way he describes it I presume Bob witnessed it, but Bob didn't.
[15:40.120 --> 15:47.440]  Bob got his relation of the facts from another party who may have been the witness or they
[15:47.440 --> 15:50.280]  may have gotten them from another party.
[15:50.280 --> 15:55.760]  There's no way for the person that signs the complaint to know one way or the other where
[15:55.760 --> 15:59.640]  the original facts actually came from.
[15:59.640 --> 16:03.200]  They simply have to take the word of whoever says it.
[16:03.200 --> 16:05.760]  Oh yeah I saw it.
[16:05.760 --> 16:12.520]  Oh well I didn't actually see it, Cindy told me when I was down at the grocery store.
[16:12.520 --> 16:14.320]  We know how people are.
[16:14.320 --> 16:21.040]  They like to feel important by having information that nobody else has or they think that they're
[16:21.040 --> 16:24.160]  the first one to make known to others.
[16:24.160 --> 16:31.200]  It's an ego thing and it makes you wonder just how many people have been falsely accused
[16:31.200 --> 16:37.760]  under a criminal complaint because somebody thought that somebody else had told them about
[16:37.760 --> 16:43.880]  something they actually knew factually to be true.
[16:43.880 --> 16:47.840]  Alright this is Rule of Law Radio, Eddie Craig, Randy Kelton, Debra Stevens, this is our
[16:47.840 --> 16:49.440]  Monday night traffic night.
[16:49.440 --> 16:54.120]  We are going to be taking your calls from the other side of the break, 512-646-1900.
[16:54.120 --> 17:01.520]  If you have any orders to call in number, we'll be right back.
[17:01.520 --> 17:05.120]  Capital Corn and Bullion is a family owned and operated business that has helped many
[17:05.120 --> 17:10.000]  families and friends in protecting their assets and we would like to do the same for you.
[17:10.000 --> 17:16.280]  In addition to coins and bullion, we now offer Patriot Saves, Ammunition, Berkey Water Products,
[17:16.280 --> 17:22.680]  Gift Certificates, Risk Bans and our new Silver Pool, a new way to guarantee silver by prepaying
[17:22.680 --> 17:24.320]  at a lost price.
[17:24.320 --> 17:32.920]  We can even help you set up a metals IRA account, call us at 512-646-640 for more details.
[17:32.920 --> 17:38.440]  As always, we buy, sell and trade precious metals and cater to those with all sizes of
[17:38.440 --> 17:39.440]  coin collections.
[17:39.440 --> 17:46.520]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canig's next
[17:46.520 --> 17:49.160]  to the Ikegon Sushi and the Genie Car Wash.
[17:49.160 --> 17:54.040]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 5.
[17:54.040 --> 18:00.440]  Visit us at CapitalCornandBullion.com or call 512-646-640.
[18:00.440 --> 18:05.760]  Are you being harassed by debt collectors with phone calls, letters or even losses?
[18:05.760 --> 18:09.240]  Stop debt collectors now with the Michael Mearris Proven Method.
[18:09.240 --> 18:13.600]  Michael Mearris has won six cases in federal court against debt collectors and now you
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[18:14.600 --> 18:19.400]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.400 --> 18:25.200]  civil rights statutes, what to do when contacted by phones, mail or court summons, how to answer
[18:25.200 --> 18:29.800]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:29.800 --> 18:34.000]  financial tables on them and make them pay you to go away.
[18:34.000 --> 18:39.120]  The Michael Mearris Proven Method is the solution for how to stop debt collectors.
[18:39.120 --> 18:41.280]  Personal consultation is available as well.
[18:41.280 --> 18:46.800]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner
[18:46.800 --> 18:49.720]  or email MichaelMearris at yahoo.com.
[18:49.720 --> 18:59.320]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
[18:59.320 --> 19:15.320]  out of your credit reports, how to get debt collectors out of your credit reports, how to
[19:15.320 --> 19:40.320]  get debt collectors out of your credit reports, how to get debt collectors out of your credit
[19:40.320 --> 19:47.320]  Get them up and down, get them up and down, get them up standing up and fighting for
[19:47.320 --> 19:49.320]  the freedom and the free.
[19:49.320 --> 19:58.320]  And they let them love slavery and get handled by the government so they can be asked the
[19:58.320 --> 19:59.320]  question.
[19:59.320 --> 20:00.320]  Hi folks, we are back.
[20:00.320 --> 20:01.320]  This is Rule of Law Radio.
[20:01.320 --> 20:02.320]  This is your host, Eddie Craig, Denver Stevens.
[20:02.320 --> 20:09.320]  Andy Kelton doesn't come in on Mondays, but let's keep him in our prayers any time.
[20:09.320 --> 20:12.320]  Keep him in our prayers anyway for the rest of the week.
[20:12.320 --> 20:16.320]  Now, while we're waiting on callers to get on the board, the phones are open.
[20:16.320 --> 20:19.320]  512-646-1984 is the call-in number.
[20:19.320 --> 20:23.320]  So if you want to start calling in, we are ready to take your calls.
[20:23.320 --> 20:27.320]  But while we're waiting on that, I'm going to go ahead and talk a little bit more about
[20:27.320 --> 20:29.320]  this subject on proper notice.
[20:29.320 --> 20:38.320]  Now, when they don't give you, Texas Law specifically requires that they give you a copy of the complaint.
[20:38.320 --> 20:44.320]  And they also require to give you a written copy of the nature and cause.
[20:44.320 --> 20:52.880]  Now, the complaint, technically speaking, does not tell you the nature of the case against
[20:52.880 --> 20:53.880]  you.
[20:53.880 --> 21:00.280]  It makes the presumption that it's criminal, but it doesn't tell you that.
[21:00.280 --> 21:07.720]  But you have the right to be told flat out you're being charged with a crime.
[21:07.720 --> 21:13.680]  And when you ask these people, they tell you it's quasi-criminal.
[21:13.680 --> 21:20.560]  That's the term I have never found in Texas law, ever.
[21:20.560 --> 21:23.040]  I don't see it in the penal code.
[21:23.040 --> 21:31.720]  I don't see it in any code book whatsoever where the legislature ever defined a quasi-crime.
[21:31.720 --> 21:40.320]  Now, let me tell you my theory on why they call it a quasi-crime.
[21:40.320 --> 21:44.880]  When you study the transportation code and you study the administrative code and you
[21:44.880 --> 21:50.360]  study the government code, you find a link between these three.
[21:50.360 --> 21:58.840]  What you find is that the administrative code contains specific titles related to the administrative
[21:58.840 --> 22:02.080]  agencies of the state.
[22:02.080 --> 22:09.160]  Every state agency that the state considers an administrative agency is in the administrative
[22:09.160 --> 22:14.040]  code and has a title dedicated specifically to that agency.
[22:14.040 --> 22:17.920]  In this particular instance, we're talking about the Department of Public Safety, more
[22:17.920 --> 22:24.000]  commonly known as the DPS, the Department of Public Shakedown.
[22:24.000 --> 22:31.480]  And what they do is they're responsible for the enforcement of the transportation code
[22:31.480 --> 22:38.280]  statutes that deal with the offenses, okay?
[22:38.280 --> 22:47.680]  Now, how this works is you have this little thing in the Texas government code in chapter
[22:47.680 --> 22:54.160]  2001 called the Administrative Procedures Act.
[22:54.160 --> 23:01.120]  And in that Administrative Procedures Act, it specifically says how a state administrative
[23:01.120 --> 23:09.440]  agency is required to handle any contested case over which they have authority to make
[23:09.440 --> 23:11.440]  rules and regulations.
[23:11.440 --> 23:17.560]  Now, in the administrative code, when we go back to that, we find that there are only
[23:17.560 --> 23:27.720]  very specific sections of the transportation code that do not fall within the administrative
[23:27.720 --> 23:32.040]  purview of the Department of Public Shakedown.
[23:32.040 --> 23:41.200]  And let me tell you, folks, not a single one of the offenses that they commonly charge you
[23:41.200 --> 23:51.840]  with are in that list of exceptions, the only one being the suspension of a driver's license
[23:51.840 --> 23:56.320]  because of a DUI conviction.
[23:56.320 --> 23:58.080]  That one they have no control over.
[23:58.080 --> 23:59.760]  You want to know why?
[23:59.760 --> 24:04.480]  Because there's a penal code provision for that particular offense.
[24:04.480 --> 24:12.840]  There's no penal code provision for anything else that's in the transportation code.
[24:12.840 --> 24:21.320]  Therefore, it is not accepted from the administrative proceedings that the Department of Public Safety
[24:21.320 --> 24:25.480]  has original jurisdiction over.
[24:25.480 --> 24:31.120]  The Administrative Procedures Act specifically says that the courts, for the purposes of
[24:31.120 --> 24:40.040]  this act and for governing any contested case that falls under this act, are not to be considered
[24:40.040 --> 24:41.760]  administrative agencies.
[24:41.760 --> 24:47.480]  Thus, they do not have original jurisdiction.
[24:47.480 --> 24:54.080]  Only the State Office of Administrative Hearings has original jurisdiction in such cases.
[24:54.080 --> 24:55.720]  And guess what?
[24:55.720 --> 25:02.480]  Texas only has one of those, and it's right here in Austin.
[25:02.480 --> 25:06.600]  Now, how do you like dim apples?
[25:06.600 --> 25:13.000]  So what the courts are doing is they are taking what amounts to an administrative proceeding
[25:13.000 --> 25:20.000]  according to the statutes, but they're trying you as if they're applicable under the criminal
[25:20.000 --> 25:30.320]  procedure, even though the code they're from is in and of itself an administrative code
[25:30.320 --> 25:32.320]  by its lonesome.
[25:32.320 --> 25:42.400]  Now, how do you like those apples, for lack of a better way of putting it?
[25:42.400 --> 25:46.680]  They're telling you, just as Bert Reynolds put it, they're pissing on your boots and
[25:46.680 --> 25:53.120]  they're telling you it's a rainstorm, and I got tired of it, which is why I learned
[25:53.120 --> 25:56.200]  what I learned and do what I do.
[25:56.200 --> 25:59.800]  I got tired of buying new boots.
[25:59.800 --> 26:04.880]  The smell was killing me, because I was tired of my public servants looking at me and treating
[26:04.880 --> 26:08.840]  me like they could get away with doing that.
[26:08.840 --> 26:15.880]  And my objective here is to make you informed and educated enough that you too can go get
[26:15.880 --> 26:19.280]  a new pair of boots and never have to smell that smell again.
[26:19.280 --> 26:21.720]  Now, that's enough of that.
[26:21.720 --> 26:23.200]  We do have a caller on the board.
[26:23.200 --> 26:24.320]  It's Bill in Texas.
[26:24.320 --> 26:26.040]  We're going to go ahead and take his call.
[26:26.040 --> 26:32.600]  512-646-1984 is the call-in number, folks, so please get in here and let's get started
[26:32.600 --> 26:33.600]  on your issues.
[26:33.600 --> 26:35.600]  Ian and Bill, what can we do for you?
[26:35.600 --> 26:41.480]  Hey, Eddie, I've been listening to you for a while, and I agree with what you say.
[26:41.480 --> 26:47.120]  I think that the municipal courts and the justice of the peace courts have got a problem
[26:47.120 --> 26:52.400]  when you look at what they base there, that the complaint can be used for the charging
[26:52.400 --> 26:54.720]  instrument and they use Greenwood.
[26:54.720 --> 26:59.800]  Well, Greenwood states to go and look at 867.
[26:59.800 --> 27:05.760]  That's the old 1925 code, and it states that the language preferred by Article 5, Section
[27:05.760 --> 27:10.200]  12 of the Constitution of Texas, that's one of the requirements.
[27:10.200 --> 27:17.200]  Yeah, Greenwood was a completely bogus case, and the problem they have right now today
[27:17.200 --> 27:25.760]  relying on Greenwood is Greenwood cited 45.01 as its basis for making its determination.
[27:25.760 --> 27:31.320]  The problem is 45.01 was repealed in 1999.
[27:31.320 --> 27:33.080]  It doesn't exist anymore.
[27:33.080 --> 27:39.280]  Therefore, the decision of Greenwood is history, but the courts are refusing to address that
[27:39.280 --> 27:42.400]  issue because I guess no one but me is bringing it up.
[27:42.400 --> 27:49.200]  Well, yeah, people should bring it up because they're basing it even on the 96.01 case.
[27:49.200 --> 27:54.360]  Right, and I have a complete motion in the traffic material that deals specifically
[27:54.360 --> 27:59.800]  with the argument that a complaint never has been, never will be, and cannot possibly
[27:59.800 --> 28:02.040]  be a valid charging instrument.
[28:02.040 --> 28:03.280]  Correct.
[28:03.280 --> 28:09.640]  Even if you base it entirely on the statutes as they existed then and now, it could never
[28:09.640 --> 28:11.800]  have been a valid charging instrument.
[28:11.800 --> 28:18.160]  The court just wanted an easy way out of not having to overturn all of the traffic convictions
[28:18.160 --> 28:20.800]  that achieved for lack of a charging instrument.
[28:20.800 --> 28:28.240]  Well, see, no one brings up the argument, though, that the 1504 complaint isn't a complaint,
[28:28.240 --> 28:33.360]  and only certain officers of the county are allowed to even take that which they call
[28:33.360 --> 28:35.880]  under 1504 a complaint.
[28:35.880 --> 28:41.520]  And under the 1504, the affidavit has to be taken by the county attorney, district attorney,
[28:41.520 --> 28:45.240]  or a magistrate, and the magistrate cannot be the magistrate that's going to listen
[28:45.240 --> 28:48.520]  to the pretrial or the trial.
[28:48.520 --> 28:49.800]  Correct.
[28:49.800 --> 28:55.680]  The one that presides over arraignment can't be one that establish probable cause either.
[28:55.680 --> 29:07.120]  Right, so if they're going to 45.019, which if anyone looks up, used to be 4517, it states
[29:07.120 --> 29:08.960]  what the complaint must state.
[29:08.960 --> 29:17.520]  Now they changed that before 1999, there was only four items of 4517, none of which granted
[29:17.520 --> 29:27.200]  the prosecuting attorney for the city, could sign the complaint, or the clerks.
[29:27.200 --> 29:31.640]  Well, right, the prosecuting attorney cannot sign the complaint.
[29:31.640 --> 29:33.640]  He better not sign the complaint.
[29:33.640 --> 29:38.320]  What we're having a problem with is the clerk of the court signing it.
[29:38.320 --> 29:43.520]  That puts the court squarely in the middle of the accusation.
[29:43.520 --> 29:48.240]  And thus, the court loses jurisdiction because they can't, they are no longer impartial.
[29:48.240 --> 29:51.600]  Okay, but hang on, Bill, we'll get this on the other side.
[29:51.600 --> 29:56.080]  This is Rule of Law Radio 5126461984.
[29:56.080 --> 29:59.080]  We'll be right back.
[29:59.080 --> 30:04.960]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted
[30:04.960 --> 30:06.640]  by our own Eddie Craig.
[30:06.640 --> 30:10.840]  Eddie is a former Nacogdocha sheriff's deputy, and for the past 21 years, he's been studying
[30:10.840 --> 30:14.960]  the due process of law and now offers his knowledge to you at a seminar every Sunday
[30:14.960 --> 30:20.480]  from 2 o'clock to 5 o'clock at Brave New Books, located at 1904 Guadalupe Street.
[30:20.480 --> 30:25.080]  Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself
[30:25.080 --> 30:30.400]  what the true intent of law really is.
[30:30.400 --> 30:35.600]  The Stasi East German secret police used to capture prisoners sent on pieces of felt
[30:35.600 --> 30:39.560]  stored in glass jars so dogs could hunt them down later.
[30:39.560 --> 30:41.560]  Unfortunately, some things never change.
[30:41.560 --> 30:44.880]  I'm Dr. Catherine Albrecht and I'll be back with more.
[30:44.880 --> 30:50.200]  Your search engine is watching you, recording all your searches and creating a massive database
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[31:15.360 --> 31:20.480]  In Germany, 68-year-old leftist Fritz S. thought he'd seen it all, till officials knocked
[31:20.480 --> 31:25.040]  on his door in 2007 demanding something new, his smell.
[31:25.040 --> 31:29.200]  They thought the ageing revolutionary might disrupt the G8 summit, so they made him hold
[31:29.200 --> 31:33.960]  little metal tubes in his hands for several minutes to collect his scent, just in case.
[31:33.960 --> 31:39.280]  Around that same time, the U.S. government sought research proposals for a similar system
[31:39.280 --> 31:42.400]  to collect human scent for tracking purposes.
[31:42.400 --> 31:47.400]  Those creepy interrogation jars I mentioned can be seen at the Stasi Museum in Berlin,
[31:47.400 --> 31:50.560]  along with other devices of surveillance and state control.
[31:50.560 --> 31:53.360]  Look closely, you may see our future.
[31:53.360 --> 32:05.160]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:05.160 --> 32:08.160]  Yeah, I got the warrant.
[32:08.160 --> 32:16.160]  And I'm gonna solve them, to the head of the government them, prosecute them.
[32:16.160 --> 32:17.160]  Okay.
[32:17.160 --> 32:23.160]  All right, folks, we are back to Mr. Gruber.
[32:23.160 --> 32:28.160]  All in numbers, five, one, two, six, four, six, nineteen, eighty-four.
[32:28.160 --> 32:30.360]  Jeremy, we see you on the board there.
[32:30.360 --> 32:32.480]  We're gonna finish up the bill and I'll get to you.
[32:32.480 --> 32:36.560]  And if other folks listening, if you got an issue, now's the time to start calling in.
[32:36.560 --> 32:38.560]  All right, Bill, please go ahead.
[32:38.560 --> 32:43.720]  Also, do me a favor and send me the statues that you're referring to there in the old
[32:43.720 --> 32:45.720]  versions of the code.
[32:45.720 --> 32:48.160]  If you don't mind, would you mind emailing those to me?
[32:48.160 --> 32:50.160]  No, I don't mind.
[32:50.160 --> 32:54.160]  The other thing that I'd like to bring up, well, the argument.
[32:54.160 --> 32:56.760]  No one's making the appropriate argument.
[32:56.760 --> 33:03.200]  If you look at the Huin case in 95, he was arguing that the complaint didn't suffice
[33:03.200 --> 33:05.840]  because it wasn't a proper charging instrument.
[33:05.840 --> 33:12.520]  In 96, which none of the courts in 2000, 2001, or 2002 refer to, they all refer back to
[33:12.520 --> 33:14.160]  the 95 case.
[33:14.160 --> 33:20.480]  However, in 96, when the appellate court looked at the case again, it stated that since the
[33:20.480 --> 33:26.240]  appellate court stated that they could not use 14.01, since it was only for indictments
[33:26.240 --> 33:27.760]  and information.
[33:27.760 --> 33:33.840]  And there was no other case history to where the complaint is a charging instrument.
[33:33.840 --> 33:39.840]  They had to base the information on previous case history on the indictment information.
[33:39.840 --> 33:49.360]  And they found that since the complaint failed to identify Huin as a particular subject that
[33:49.360 --> 33:56.840]  fell into a particular one of the statutes to be responsible, any complaint was dismissed.
[33:56.840 --> 34:01.240]  But they never ever referred to 1996.
[34:01.240 --> 34:05.800]  And my biggest point is that they say, well, they're acted upon a complaint.
[34:05.800 --> 34:06.800]  What complaint?
[34:06.800 --> 34:10.320]  In 1504, an affidavit is the complaint.
[34:10.320 --> 34:16.280]  If the affidavit is filed, it has to be filed with an impartial magistrate, either a county
[34:16.280 --> 34:18.480]  attorney or the district attorney.
[34:18.480 --> 34:20.120]  And it has to be an affidavit.
[34:20.120 --> 34:22.600]  Well, wait a minute.
[34:22.600 --> 34:31.160]  It actually requires, okay, in the statutes, it requires that the affidavit, you are correct
[34:31.160 --> 34:32.160]  in that.
[34:32.160 --> 34:36.640]  And what they're trying to do is to say that the complaint is that affidavit, which I addressed
[34:36.640 --> 34:40.640]  earlier before we got started on the calls, it's not an affidavit.
[34:40.640 --> 34:44.040]  The complaint is not signed under penalty of perjury.
[34:44.040 --> 34:47.400]  So while you're talking about affidavits, I want to reiterate that for the folks out
[34:47.400 --> 34:48.600]  there listening.
[34:48.600 --> 34:54.240]  The complaint cannot be signed under penalty of perjury because it does not require the
[34:54.240 --> 35:00.680]  affid to have firsthand knowledge of the facts asserted in it, unlike an affidavit.
[35:00.680 --> 35:01.680]  Right.
[35:01.680 --> 35:06.360]  And affidavit, the whole point, though, in order for that one that they're calling a
[35:06.360 --> 35:08.320]  complaint, it's not a complaint.
[35:08.320 --> 35:10.320]  It is an affidavit.
[35:10.320 --> 35:11.840]  They're calling it a complaint.
[35:11.840 --> 35:16.840]  However, they're going to the 45 code stating that complaint.
[35:16.840 --> 35:21.640]  And that complaint, which they're coming up with, is completely bogus because it's used
[35:21.640 --> 35:26.080]  for information to be filed.
[35:26.080 --> 35:30.920]  If you read the case law, if you use the read the case law, it states that, like in
[35:30.920 --> 35:37.440]  green, in Greenwood, it states that the complaint, if further examination, it will be found
[35:37.440 --> 35:45.520]  that the complaint at issue is not the complaint that it's a requirement of an information.
[35:45.520 --> 35:47.520]  And then other case law.
[35:47.520 --> 35:48.520]  Go ahead.
[35:48.520 --> 35:49.800]  I'm agreeing with you.
[35:49.800 --> 35:51.440]  I say exactly.
[35:51.440 --> 35:55.120]  But if you would, just please send me the information you're gathering on that because
[35:55.120 --> 35:57.640]  I'm building the war chest on that very issue.
[35:57.640 --> 36:01.840]  I've already written an extensive motion and I just want to see if you've got anything
[36:01.840 --> 36:07.160]  that I don't have in this toolbox so I can get it integrated because this is a very important
[36:07.160 --> 36:08.760]  issue.
[36:08.760 --> 36:14.880]  This is one of the ways they've stolen so much money and illegally prosecuted people.
[36:14.880 --> 36:19.800]  Well, I got one more thing and then I'm going to get off the phone with you.
[36:19.800 --> 36:27.600]  The 1517, my biggest problem with that is if you look at 1406, they state that the citation
[36:27.600 --> 36:28.600]  brings you to 1517.
[36:28.600 --> 36:34.600]  However, there is no requirement to sign a citation under these 1406.
[36:34.600 --> 36:40.680]  And the reason I'm saying that is because the case history here for the 1517, the magistrate
[36:40.680 --> 36:46.560]  is not required to listen to the defendant's side of the story.
[36:46.560 --> 36:52.240]  Now, how do they find probable cause when they don't listen to all the facts is beyond
[36:52.240 --> 36:53.240]  me?
[36:53.240 --> 36:58.960]  Well, plus the fact that in a criminal proceeding, they're not allowed to have ex parte communications
[36:58.960 --> 37:05.640]  without their party and in order to establish that probable cause, evidence has to be presented
[37:05.640 --> 37:11.680]  to the magistrate, not just testimony, but also evidence supporting that testimony.
[37:11.680 --> 37:17.400]  And the defendant always has the right to refute any evidence or testimony presented.
[37:17.400 --> 37:21.600]  If they do it ex parte, that opportunity is never had.
[37:21.600 --> 37:23.320]  Correct.
[37:23.320 --> 37:27.320]  So if they're saying that since there is no requirement in the statute to do a certain
[37:27.320 --> 37:35.080]  thing, if you're being arrested under 543, there is no requirement to go to a 1517 or
[37:35.080 --> 37:36.080]  to an arraignment.
[37:36.080 --> 37:38.080]  It just says that you're not going to be arrested.
[37:38.080 --> 37:42.360]  Well, actually 1517 contains its own requirement for that.
[37:42.360 --> 37:48.720]  1517, G specifically states that if an individual appears in the court in compliance with a
[37:48.720 --> 37:56.520]  citation issued under the provisions of 1406B or C, the magistrate shall perform the duties
[37:56.520 --> 37:57.760]  of that article.
[37:57.760 --> 37:58.760]  Right.
[37:58.760 --> 38:00.680]  1517 has that requirement.
[38:00.680 --> 38:01.680]  You're correct.
[38:01.680 --> 38:05.480]  1406 doesn't, but 1517 itself has it.
[38:05.480 --> 38:11.520]  Yeah, because here I was thinking of making the argument since 543 has no requirement
[38:11.520 --> 38:17.760]  to be before 1517, then you should be taken to an examining trial before a magistrate.
[38:17.760 --> 38:18.760]  Nope.
[38:18.760 --> 38:20.520]  Both sides must be heard.
[38:20.520 --> 38:21.520]  Absolutely not.
[38:21.520 --> 38:27.120]  In 1517, that's when the magistrates require to inform you of your right to the examining
[38:27.120 --> 38:29.760]  trial.
[38:29.760 --> 38:35.520]  That's the whole purpose of 1517 is to give the magistrate the opportunity to get the
[38:35.520 --> 38:41.560]  accused out of jail if they're in jail as quickly as possible or prevent them from going
[38:41.560 --> 38:43.400]  in the first place as it were.
[38:43.400 --> 38:44.400]  Right.
[38:44.400 --> 38:48.440]  Because of the transportation code offenses, they're not allowed to take you to jail.
[38:48.440 --> 38:52.920]  Hell, they're not allowed to take anybody straight to jail.
[38:52.920 --> 38:59.040]  They can only do that if there is something impeding their ability, such as a natural disaster,
[38:59.040 --> 39:06.440]  a riot, invasion, a breakout of war, or civil unrest in the vicinity.
[39:06.440 --> 39:11.200]  Those are the only things that should prevent them from ever taking a person arrested before
[39:11.200 --> 39:14.280]  a magistrate.
[39:14.280 --> 39:18.720]  When you look at their check off sheets for the municipal and J.P. court, which you can
[39:18.720 --> 39:24.400]  find them in the PMCEC, one of the things when it says for the examining trial, they
[39:24.400 --> 39:26.480]  bracket off felony only.
[39:26.480 --> 39:31.800]  Yes, and that's true, but there's nothing in the statutes that designates that as felony
[39:31.800 --> 39:32.800]  only.
[39:32.800 --> 39:33.800]  That's right.
[39:33.800 --> 39:34.800]  I'm going to let you go.
[39:34.800 --> 39:35.800]  I've taken up enough of your time.
[39:35.800 --> 39:36.800]  I appreciate it.
[39:36.800 --> 39:37.800]  You have a good night.
[39:37.800 --> 39:38.800]  Okay?
[39:38.800 --> 39:39.800]  All right.
[39:39.800 --> 39:40.800]  Thanks for calling in, Bill.
[39:40.800 --> 39:42.800]  Appreciate the information and your input.
[39:42.800 --> 39:47.120]  All right, now we're going to go to Jeremy in Texas.
[39:47.120 --> 39:50.440]  That'll clear the collar board, folks, so if you've got anything to say, give us a call
[39:50.440 --> 39:51.440]  512-646-1984.
[39:51.440 --> 39:55.800]  Jeremy, how are you doing and what can we do for you?
[39:55.800 --> 39:57.800]  I'm doing good.
[39:57.800 --> 40:02.120]  I just tuned in right whenever I called, so I did not hear most of what the previous
[40:02.120 --> 40:04.480]  caller said, but I have a traffic issue.
[40:04.480 --> 40:05.480]  Is there a problem?
[40:05.480 --> 40:06.480]  Ask about that.
[40:06.480 --> 40:07.480]  Absolutely.
[40:07.480 --> 40:08.480]  This is the night for it.
[40:08.480 --> 40:09.480]  All right.
[40:09.480 --> 40:10.480]  Good.
[40:10.480 --> 40:18.240]  I got pulled over for a headlight out and the process also got a citation for an obstructed
[40:18.240 --> 40:20.600]  license plate.
[40:20.600 --> 40:24.360]  You can look at my license plate and tell that it's not obstructed, but that was a citation
[40:24.360 --> 40:26.000]  of this issue.
[40:26.000 --> 40:27.360]  I don't know very much.
[40:27.360 --> 40:32.200]  I know enough to get myself in trouble is what I'm afraid of, but I went down to the
[40:32.200 --> 40:33.200]  municipal court.
[40:33.200 --> 40:36.480]  It was a city cop in the inner city limits.
[40:36.480 --> 40:37.480]  Which city?
[40:37.480 --> 40:38.480]  Yes, sir.
[40:38.480 --> 40:39.480]  Which city?
[40:39.480 --> 40:40.480]  Mathis.
[40:40.480 --> 40:41.480]  Mathis?
[40:41.480 --> 40:42.480]  Yes, sir.
[40:42.480 --> 40:43.480]  Mathis, Texas.
[40:43.480 --> 40:44.480]  Okay.
[40:44.480 --> 40:53.480]  I went to the municipal court to appear before the judge.
[40:53.480 --> 40:55.480]  The judge wasn't there.
[40:55.480 --> 40:57.480]  I didn't know what to do.
[40:57.480 --> 40:58.480]  They didn't know what to do.
[40:58.480 --> 41:06.480]  They wanted to tell me I had to plead and I said that there wasn't a complaint.
[41:06.480 --> 41:11.080]  Yes, sir, and so anyway, they assured me that it was okay to go ahead and plead.
[41:11.080 --> 41:12.080]  I told them I couldn't.
[41:12.080 --> 41:18.160]  They got the chief of police over, which was also the city manager.
[41:18.160 --> 41:23.480]  He understood my problem and said that they would get a complaint and then I could come
[41:23.480 --> 41:24.480]  back.
[41:24.480 --> 41:31.280]  So, left, and when I came back today, which is the last day for me to come after the extension
[41:31.280 --> 41:35.760]  they gave me, I went in there and she showed me the complaint.
[41:35.760 --> 41:40.320]  Which I do believe it was signed by her and the police officer, the clerk of the court
[41:40.320 --> 41:43.040]  and the police officer.
[41:43.040 --> 41:49.280]  Anyway, I was asking the question, what if I plead to one of the complaints and not the
[41:49.280 --> 41:53.680]  other one, plead to the headlight but not the circuit license plate?
[41:53.680 --> 41:58.240]  And she said I had to, went back and forth, what she called a police officer over.
[41:58.240 --> 42:02.120]  I said I could not talk to the police officer without the judge present and basically they
[42:02.120 --> 42:07.920]  escorted me out, I'm very new at this, don't know what I'm doing, I was wondering if you
[42:07.920 --> 42:10.120]  could have some suggestion for me.
[42:10.120 --> 42:14.520]  Yeah, if you plead to one, just give them your wallet for both.
[42:14.520 --> 42:20.520]  Okay, but I did not plead either one of them as it was, the cop ended up telling me I had
[42:20.520 --> 42:21.520]  to leave.
[42:21.520 --> 42:27.840]  Okay, the problem here is the clerk is trying to act as if she is a judicial authority and
[42:27.840 --> 42:30.280]  she's not.
[42:30.280 --> 42:34.560]  So when the clerk asks you to please say thank you very much for the legal advice, but unless
[42:34.560 --> 42:40.920]  you're an attorney or a judge, then I would recommend you don't be giving any legal advice.
[42:40.920 --> 42:47.280]  And since this isn't a judicial proceeding, I can't enter a plea in front of you.
[42:47.280 --> 42:51.280]  No offense, but you're not, it's above your pay grade.
[42:51.280 --> 42:52.280]  Okay.
[42:52.280 --> 42:59.360]  All right, a plea can only be validly entered in a judicial proceeding.
[42:59.360 --> 43:02.720]  Everybody out there, listen, understand this.
[43:02.720 --> 43:11.080]  A judicial proceeding is the only place allowed by law for a plea to be entered.
[43:11.080 --> 43:19.160]  The clerk has no authority to take a plea and enter it on the record, period.
[43:19.160 --> 43:26.080]  Nowhere in statute can I find where a clerk has been authorized to act like a magistrate.
[43:26.080 --> 43:27.080]  Nowhere.
[43:27.080 --> 43:33.360]  Now, second problem, stop telling them what they don't have.
[43:33.360 --> 43:38.960]  When you know they don't have a complaint, don't clue them in as to what they don't have.
[43:38.960 --> 43:42.200]  Then they'll just make sure they go get it before trial.
[43:42.200 --> 43:43.200]  Okay?
[43:43.200 --> 43:44.200]  Okay.
[43:44.200 --> 43:47.600]  All right, we're going to break, but hang on just a second, Jeremy, and we'll pick this
[43:47.600 --> 43:49.160]  up on the other side.
[43:49.160 --> 43:54.640]  This is rule of law radio 512-646-1984 is the call in number.
[43:54.640 --> 44:01.640]  This is Eddie Craig, Deborah Stevens, Randy Kelton, and we'll be right back after this
[44:01.640 --> 44:02.640]  break.
[44:02.640 --> 44:03.640]  Are you the plaintiff or defendant in a lawsuit?
[44:03.640 --> 44:10.440]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[44:10.440 --> 44:14.440]  that will show you how in 24 hours, step by step.
[44:14.440 --> 44:18.240]  If you have a lawyer, know what your lawyer should be doing.
[44:18.240 --> 44:22.240]  If you don't have a lawyer, know what you should do for yourself.
[44:22.240 --> 44:27.280]  Thousands have won with our step-by-step course, and now you can too.
[44:27.280 --> 44:34.080]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[44:34.080 --> 44:38.640]  Even if you're not in a lawsuit, you can learn what everyone should understand about the
[44:38.640 --> 44:42.920]  principles and practices that control our American courts.
[44:42.920 --> 44:49.040]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:49.040 --> 44:56.040]  prosay tactics, and much more.
[44:56.040 --> 45:01.040]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[45:01.040 --> 45:05.040]  Hey, did you hear Ron Paul's announcements running for president in 2012?
[45:05.040 --> 45:06.040]  Who's Ron Paul?
[45:06.040 --> 45:07.040]  Really?
[45:07.040 --> 45:08.280]  Okay, put down the cell phone for one minute.
[45:08.280 --> 45:11.040]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[45:11.040 --> 45:14.640]  Oh, but I love to make those little smiley faces with punctuation marks.
[45:14.640 --> 45:15.640]  Of course you do.
[45:15.640 --> 45:19.040]  Now listen closely, you need to go down to Brave New Books and learn as much as you can
[45:19.040 --> 45:21.600]  about Ron Paul and his message before it's too late.
[45:21.600 --> 45:24.320]  They have all of his books and many of the books he talks about.
[45:24.320 --> 45:27.960]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support
[45:27.960 --> 45:28.960]  for him during the campaign.
[45:28.960 --> 45:29.960]  Brave New Books?
[45:29.960 --> 45:32.080]  Did they have Harry Potter and Twilight?
[45:32.080 --> 45:36.200]  No, but they do carry a large selection of survival and preparedness books to protect
[45:36.200 --> 45:37.840]  your family in time of emergency.
[45:37.840 --> 45:40.440]  Ugh, that sounds like that show on the Discovery Channel.
[45:40.440 --> 45:44.360]  Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills
[45:44.360 --> 45:48.240]  School that you can sign up for on the website bravenewbookstore.com.
[45:48.240 --> 45:49.240]  What are you doing?
[45:49.240 --> 45:52.880]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the
[45:52.880 --> 45:53.880]  bookstore in person.
[45:53.880 --> 45:54.880]  Where's it located?
[45:54.880 --> 45:55.880]  1904 Guadalupe Street.
[45:55.880 --> 45:56.880]  There, it's sent.
[45:56.880 --> 45:57.880]  I even made a smiley face.
[45:57.880 --> 46:23.880]  Great.
[46:23.880 --> 46:51.840]  What are you doing?
[46:51.840 --> 47:00.420]  Alright folks, we are back, this is Rule of Law Radio, we've picked up a couple of more
[47:00.420 --> 47:02.180]  callers, Douglas and Roger.
[47:02.180 --> 47:06.800]  Right now we are talking to Jeremy in Texas, fellas hang in there, we'll get to you momentarily.
[47:06.800 --> 47:10.520]  Alright Jeremy, now let's see if we can finish this up for you.
[47:10.520 --> 47:15.600]  When they don't have something they're required to have, for heaven's sake, don't tell them
[47:15.600 --> 47:19.920]  they're missing something they're supposed to give you, okay?
[47:19.920 --> 47:21.800]  What should I have done in that situation?
[47:21.800 --> 47:26.200]  What should you have done is simply state, I am not here to plea, I am here to check
[47:26.200 --> 47:32.200]  the record of the court, please provide me with the record, okay, that's it.
[47:32.200 --> 47:36.800]  Don't tell them anything else about what you're looking for, don't ask them, hey, where's
[47:36.800 --> 47:39.680]  this document, where's that document?
[47:39.680 --> 47:45.320]  Look at the record, ask them for a copy of everything that's in it, make notes to yourself
[47:45.320 --> 47:50.840]  about what's not in it, don't let them see what you're writing down and why.
[47:50.840 --> 47:55.480]  And then you keep tabs on whether or not you ever get served with a copy of that missing
[47:55.480 --> 48:00.120]  document because this goes back to the notice part I was talking about at the beginning
[48:00.120 --> 48:06.840]  of the show, they can't just stick the complaint in the folder and call that notice, that is
[48:06.840 --> 48:10.880]  not notice, okay?
[48:10.880 --> 48:17.000]  There is no duty on you to keep a continuous check on the record, if they file something
[48:17.000 --> 48:21.480]  they're supposed to serve you with a copy of it just like you're required to serve them
[48:21.480 --> 48:27.600]  with a copy of anything you file, okay?
[48:27.600 --> 48:35.680]  The next thing is learn 45.019, if and when they ever do put a complaint in the file compare
[48:35.680 --> 48:44.880]  it to what is required in 45.019, I almost guarantee you it will not comply with statute,
[48:44.880 --> 48:46.880]  okay?
[48:46.880 --> 48:51.160]  Now when you find that to be true, send me an email and I'll tell you what to do about
[48:51.160 --> 48:52.160]  it.
[48:52.160 --> 48:53.160]  Okay, I'll do that.
[48:53.160 --> 48:54.160]  Okay.
[48:54.160 --> 48:55.560]  All right, thanks for your time.
[48:55.560 --> 48:58.320]  You're welcome Jeremy, thanks for calling in, appreciate it.
[48:58.320 --> 49:02.880]  All right, now we're going to go to Douglas, we have a new edition at the end of the line
[49:02.880 --> 49:05.960]  also, Jeff, so hang in there fellas, we're getting down the list.
[49:05.960 --> 49:07.960]  All right, Douglas, what can we do for you?
[49:07.960 --> 49:13.000]  Well, I don't know where to start, I sent you email a while back, at least I think I
[49:13.000 --> 49:16.440]  sent it to you, I'm not too sure now.
[49:16.440 --> 49:17.440]  What's the issue?
[49:17.440 --> 49:26.840]  I got a DWI in 2006 from an officer who told me get in my van and go to my mama's house
[49:26.840 --> 49:32.320]  and of course I didn't take no breakfast, don't I told him I ain't going to take no
[49:32.320 --> 49:33.320]  breakfast.
[49:33.320 --> 49:35.880]  Now wait, wait, wait, back up here, I need some more details besides this officer told
[49:35.880 --> 49:38.880]  you to get in the van and go to your mama's house.
[49:38.880 --> 49:43.120]  Where were you when this officer told you to get in your van?
[49:43.120 --> 49:44.600]  In my house.
[49:44.600 --> 49:45.600]  In your house?
[49:45.600 --> 49:46.600]  Right.
[49:46.600 --> 49:52.680]  So, why would he tell you to go to get in a car and go to your mother's house?
[49:52.680 --> 49:58.120]  Because my wife is extremely bipolar and would not take her medicine and had already assaulted
[49:58.120 --> 50:01.000]  me and admitted that to the cop and he told me to leave.
[50:01.000 --> 50:04.360]  Okay, you don't need me to give me all those details, you can just say because I was being
[50:04.360 --> 50:08.080]  asked to leave due to a domestic dispute, that'll suffice.
[50:08.080 --> 50:09.080]  Well.
[50:09.080 --> 50:13.720]  Okay, but, so you were being instructed to leave your house because you and your wife
[50:13.720 --> 50:16.080]  were having issues.
[50:16.080 --> 50:19.880]  Well my wife was having issues, I was trying to go to sleep.
[50:19.880 --> 50:24.360]  Well be that as it may, you were the one that was instructed to leave.
[50:24.360 --> 50:25.360]  Right.
[50:25.360 --> 50:30.000]  Okay, the officer told you to get in the car and leave the premises.
[50:30.000 --> 50:31.160]  Yep.
[50:31.160 --> 50:36.200]  And what was this officer's presumption about you having been drinking?
[50:36.200 --> 50:42.320]  Well, I, I wiped my hands up, you know, because my wife had beer cans scattered all over the
[50:42.320 --> 50:49.400]  kitchen, there's all hers because I don't ever leave mine there, but she said, you know,
[50:49.400 --> 50:52.200]  I might have been drinking a little bit.
[50:52.200 --> 50:58.880]  Okay, that was not the proper response to make to a cop that's telling you to get in
[50:58.880 --> 51:01.720]  the car.
[51:01.720 --> 51:05.160]  Just for future reference, not good.
[51:05.160 --> 51:10.840]  Well they, they did the same thing six months later and this time I went ahead and got in
[51:10.840 --> 51:18.640]  the van and left because I thought what, you know, they're going to do it to me again.
[51:18.640 --> 51:19.640]  And they did, right?
[51:19.640 --> 51:25.440]  No, the next time they just let me go, I drove on over here to Mama's house.
[51:25.440 --> 51:32.560]  Okay, are you familiar with what constitutes entrapment, Douglas?
[51:32.560 --> 51:39.720]  I don't have a clue, I mean, I, okay, entrapment is when you are led into committing a crime
[51:39.720 --> 51:49.600]  by an officer of the law, okay, but there's a slight problem with claiming entrapment
[51:49.600 --> 51:54.480]  and that's when the officer is dressed as an officer and you commit the crime in front
[51:54.480 --> 51:56.920]  of him anyway.
[51:56.920 --> 52:02.640]  Then you don't have any plausible deniability that you were being led into committing a
[52:02.640 --> 52:07.960]  crime by somebody that you couldn't identify as an officer.
[52:07.960 --> 52:12.840]  That's the caveat to entrapment.
[52:12.840 --> 52:19.160]  Whenever, whenever a police officer is instructing you to do something that you know that police
[52:19.160 --> 52:30.120]  officer has the power to cause you severe stress and pain over, don't give him the opportunity.
[52:30.120 --> 52:36.160]  You don't have to comply with his order if you know that obeying his order can be used
[52:36.160 --> 52:43.640]  against you later, you understand that, Douglas?
[52:43.640 --> 52:51.920]  Well, he'd already threatened me if he caused again somebody to go in the jail, I mean.
[52:51.920 --> 52:57.600]  Well, I didn't say that you couldn't leave, but telling him you'd been drinking before
[52:57.600 --> 53:03.920]  you did was not a good thing and if you had already said that, then the best thing you
[53:03.920 --> 53:08.560]  could have done was tell him, look, having already had a couple of drinks and not knowing
[53:08.560 --> 53:13.840]  how you're going to try to react to this later, I'm going to try to call a ride to come pick
[53:13.840 --> 53:17.080]  me up and take me to my mother's house.
[53:17.080 --> 53:21.600]  Well, this is 12 o'clock at night or later.
[53:21.600 --> 53:23.800]  I ain't going to call anybody and bother them.
[53:23.800 --> 53:24.800]  I mean.
[53:24.800 --> 53:25.800]  Okay.
[53:25.800 --> 53:27.440]  You'd rather go to jail for how long?
[53:27.440 --> 53:28.440]  Right now.
[53:28.440 --> 53:30.680]  You know, there ain't no sense of playing this game.
[53:30.680 --> 53:35.680]  The fact of the matter is, he had no right to tell me to leave the house.
[53:35.680 --> 53:37.200]  He was the one being offside.
[53:37.200 --> 53:40.200]  Well, you could always call a cab.
[53:40.200 --> 53:41.360]  Not in Graham, Texas, ma'am.
[53:41.360 --> 53:43.360]  There ain't no cabs in Graham.
[53:43.360 --> 53:44.360]  Okay.
[53:44.360 --> 53:45.360]  Well, let me, huh.
[53:45.360 --> 53:46.360]  All right.
[53:46.360 --> 53:52.200]  I understand what you're arguing, but on a domestic dispute, they're required to separate
[53:52.200 --> 53:53.920]  the offending parties.
[53:53.920 --> 54:00.160]  Now, if your wife had assaulted you and you really didn't want to leave home, then you
[54:00.160 --> 54:06.840]  could have told him that, hey, she's the one that's hit me already X number of times.
[54:06.840 --> 54:10.000]  Guess who would have gone to jail and you could have went back to sleep.
[54:10.000 --> 54:12.240]  And then you wouldn't have get charged with a DWI.
[54:12.240 --> 54:15.960]  Well, I asked you, why are you telling me to leave?
[54:15.960 --> 54:19.840]  She's the one being off, you know.
[54:19.840 --> 54:21.760]  But she's not listening to what I'm saying.
[54:21.760 --> 54:25.760]  Did she hit you or throw things at you or get physical?
[54:25.760 --> 54:26.760]  Yeah.
[54:26.760 --> 54:29.960]  She's actually done two years probation for bus.
[54:29.960 --> 54:34.080]  Did you tell him that at the time?
[54:34.080 --> 54:37.120]  Did you tell him that at the time?
[54:37.120 --> 54:38.760]  I didn't tell him that at the time.
[54:38.760 --> 54:39.760]  No, I haven't.
[54:39.760 --> 54:40.760]  That hasn't happened.
[54:40.760 --> 54:46.440]  No, no, no, that she had gotten physical that night.
[54:46.440 --> 54:48.120]  I told him that she had that night.
[54:48.120 --> 54:49.120]  He looked me over.
[54:49.120 --> 54:55.880]  He, he's seen the marks on me and then he still told me to leave.
[54:55.880 --> 55:02.960]  Okay, well, let me ask this question, what is it you're wanting to ask me about this
[55:02.960 --> 55:03.960]  situation?
[55:03.960 --> 55:07.480]  Well, I'm, I've got to try to figure out what to do in court.
[55:07.480 --> 55:12.320]  I mean, mama hired an attorney and we done been in trial for this once and it wound up
[55:12.320 --> 55:21.920]  in a mistrial and Okay, what is your attorney arguing in your
[55:21.920 --> 55:22.920]  case?
[55:22.920 --> 55:25.400]  He ain't saying nothing about nothing.
[55:25.400 --> 55:30.760]  I mean, he just, they've got no proof, the video that they have, I was driving perfectly.
[55:30.760 --> 55:34.720]  I mean, the officer says he pulled me over because I didn't hit my blinker a whole hundred
[55:34.720 --> 55:40.400]  feet from the stop sign or some kind of Okay, well, wait a minute, now we're starting to
[55:40.400 --> 55:41.400]  get there somewhere.
[55:41.400 --> 55:46.040]  Uh, Eddie, isn't it true that there's no statute that requires the use of a blinker
[55:46.040 --> 55:50.000]  at any point in time in Texas?
[55:50.000 --> 55:56.880]  For anybody that's driving, yes, there is, but he's not driving, he's using their terms
[55:56.880 --> 56:02.440]  to say he is, but he wasn't unless he was actually doing business at that time of night.
[56:02.440 --> 56:07.040]  Okay, the problem here, Mel comes down to this.
[56:07.040 --> 56:14.960]  If you were directed by an officer to do something that violates the law or suffer consequences
[56:14.960 --> 56:22.240]  detrimental to yourself by not obeying the officer, then you have a reasonable presentation
[56:22.240 --> 56:26.520]  of, Hey, I didn't have a choice.
[56:26.520 --> 56:29.160]  You guys are the ones that threaten me with jail.
[56:29.160 --> 56:37.280]  If I didn't get in a car and leave, why is your attorney not making that argument?
[56:37.280 --> 56:42.000]  Because he's a bar attorney, he's working for the bar grieving.
[56:42.000 --> 56:50.520]  Every time he doesn't do something to protect your rights and your due process, bar grieving.
[56:50.520 --> 56:56.600]  At the moment, it's all you can do, but once this case is over, you can sue him for malpractice
[56:56.600 --> 57:02.240]  till you drive his Mercedes.
[57:02.240 --> 57:07.120]  These lawyers need to learn that they don't get to take your money and then sit and do
[57:07.120 --> 57:13.360]  pantomime in court and not earn that money.
[57:13.360 --> 57:19.520]  Well, he keeps telling me that makes no difference because all the cops got to do is deny that
[57:19.520 --> 57:20.520]  he said that.
[57:20.520 --> 57:23.680]  Well, of course, but guess what?
[57:23.680 --> 57:29.440]  There should be a recording of that already.
[57:29.440 --> 57:34.120]  He had to have had a body mic or camera or something going on that car.
[57:34.120 --> 57:40.440]  Did he have his lights on while he was there?
[57:40.440 --> 57:42.400]  In the house, I don't know what he had on.
[57:42.400 --> 57:43.400]  I mean, I don't really...
[57:43.400 --> 57:49.360]  Oh, did his car have the lights on while he was there?
[57:49.360 --> 57:51.200]  As in the red and blues?
[57:51.200 --> 57:52.200]  Were they flashing?
[57:52.200 --> 57:54.240]  Yeah, I'm sure they were.
[57:54.240 --> 57:59.120]  Then the camera was running, as was his personal audio.
[57:59.120 --> 58:02.920]  Well, we were inside the house when that was going on.
[58:02.920 --> 58:05.280]  It doesn't make any difference, Doug.
[58:05.280 --> 58:07.520]  The car's built to pick it up.
[58:07.520 --> 58:10.040]  Okay, hang on just a minute.
[58:10.040 --> 58:11.040]  We're going to break.
[58:11.040 --> 58:14.120]  We're going to have to wrap this up on the other side so I can get to these other callers.
[58:14.120 --> 58:18.520]  512-646-1984 is the call-in number.
[58:18.520 --> 58:20.080]  This is rule of law radio.
[58:20.080 --> 58:24.000]  We have Roger in Washington and Jeff in Texas on the board after Douglas.
[58:24.000 --> 58:30.240]  If you have any issues or questions regarding traffic or due process, give us a call.
[58:30.240 --> 59:00.040]  512-646-1984 will be right back.
[59:00.040 --> 59:04.160]  Would you like to make more definite progress in your walk with God?
[59:04.160 --> 59:09.360]  Bibles for America is offering a free study Bible and a set of free Christian books that
[59:09.360 --> 59:10.680]  can really help.
[59:10.680 --> 59:15.040]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:15.040 --> 59:16.040]  today.
[59:16.040 --> 59:20.080]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:20.080 --> 59:23.160]  to know God and to know the meaning of life.
[59:23.160 --> 59:28.440]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:28.440 --> 59:34.160]  Hereby chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:34.160 --> 59:37.640]  growing in Christ and how to build up the church.
[59:37.640 --> 59:42.680]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:42.680 --> 59:55.440]  Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102 or visit
[59:55.440 --> 59:59.560]  us online at bfa.org.
[59:59.560 --> 01:00:09.640]  A Japanese media report Monday said some areas close to Japan's crippled Fukushima nuclear
[01:00:09.640 --> 01:00:14.240]  plant will likely remain no-go zones for several decades.
[01:00:14.240 --> 01:00:18.520]  The government may buy some of the land from residents to use as temporary storage sites
[01:00:18.520 --> 01:00:24.200]  for radioactive waste, including debris and sludge left from decontaminated water at the
[01:00:24.200 --> 01:00:27.040]  plant.
[01:00:27.040 --> 01:00:31.080]  Billionaire commodities investor Jim Rogers says the U.S. government deserves standard
[01:00:31.080 --> 01:00:35.520]  and poor's ratings downgrade because the country has run up so much debt it will never
[01:00:35.520 --> 01:00:36.920]  get out of the hole.
[01:00:36.920 --> 01:00:41.920]  Rogers predicted, quote, it seems to me it's physically humanly impossible for the U.S.
[01:00:41.920 --> 01:00:45.320]  to ever pay off its debt.
[01:00:45.320 --> 01:00:51.160]  More than 50,000 protesters marched through Chile's capital Santiago Thursday to pressure
[01:00:51.160 --> 01:00:54.600]  the government to provide equal access to education.
[01:00:54.600 --> 01:00:59.680]  A spokeswoman for the Chilean Student Federation said the movement was trying to abolish laws
[01:00:59.680 --> 01:01:02.920]  that allow companies to profit from education.
[01:01:02.920 --> 01:01:07.960]  Since May, Chile's student movement has held the largest protest since the end of Chile's
[01:01:07.960 --> 01:01:13.120]  military dictatorship in 1990.
[01:01:13.120 --> 01:01:17.320]  Heavy fighting broke out in parts of Tripoli Monday after rebel fighters gained control
[01:01:17.320 --> 01:01:22.520]  of much of the Libyan capital. Firefights erupted after tanks left Gaddafi's compound
[01:01:22.520 --> 01:01:27.080]  to confront the rebel assault. Many of the streets in the city center where anti-government
[01:01:27.080 --> 01:01:32.320]  supporters had celebrated hours earlier were abandoned as pro-Gaddafi snipers and artillery
[01:01:32.320 --> 01:01:34.880]  fire made the area dangerous.
[01:01:34.880 --> 01:01:40.000]  Gaddafi's two eldest sons, Saif al-Islam, who is wanted by the International Criminal
[01:01:40.000 --> 01:01:46.240]  Court and Mohamed, are in rebel custody. The whereabouts of Muammar Gaddafi are not known.
[01:01:46.240 --> 01:01:52.120]  The Libyan leader broadcast angry and defiant messages in recent days, vowing not to surrender.
[01:01:52.120 --> 01:01:56.520]  In the most recent address, he acknowledged opposition forces were moving into Tripoli
[01:01:56.520 --> 01:02:01.600]  and warned the city would be turned into another Baghdad. He also called on Libya's tribes
[01:02:01.600 --> 01:02:04.960]  to rally to the city's defense.
[01:02:04.960 --> 01:02:10.400]  The stride against telecom giant Verizon ended Saturday after two weeks with no new contract
[01:02:10.400 --> 01:02:15.600]  in place. The communications workers of America and international brotherhood of electrical
[01:02:15.600 --> 01:02:22.160]  workers agreed to end one of the largest work stoppages in a decade, sending their 45,000
[01:02:22.160 --> 01:02:29.240]  members back to work. Verizon, which made $10 billion in 2010, agreed to restart negotiations,
[01:02:29.240 --> 01:02:34.120]  but the company has kept nearly all its toughest demands on the table. Among them are forcing
[01:02:34.120 --> 01:02:39.840]  workers to pay 25 percent of health care premiums along with restrictions on overtime, sick
[01:02:39.840 --> 01:02:44.640]  days and job security. Many union members have been prepared to strike for the long
[01:02:44.640 --> 01:02:50.680]  haul. Verizon may believe it can obtain concessions because unions only represent 30 percent of
[01:02:50.680 --> 01:03:16.000]  workers at the company.
[01:03:20.680 --> 01:03:35.520]  Alright folks, we are back. This is rule of law radio. Alright, call in number is 512-646-1984.
[01:03:35.520 --> 01:03:40.680]  This is our Monday night, traffic night show. Right now we are going to wrap up Douglas,
[01:03:40.680 --> 01:03:45.040]  then we have Roger and Jeff on the line. Alright, Douglas, let's see if we can finish you up
[01:03:45.040 --> 01:03:51.080]  here. You have to control your attorney and you have to go after him if he's not doing
[01:03:51.080 --> 01:04:00.000]  his job. How do I do that, man? I don't know. Bargreef him. Bargreef in her. Pardon? Everything
[01:04:00.000 --> 01:04:05.800]  that you know he should be doing and isn't. Bargreef him. Hey, Douglas, listen, there's
[01:04:05.800 --> 01:04:09.840]  a lot of background noise on your end, so we're going to have to wrap it up, okay? Yeah,
[01:04:09.840 --> 01:04:16.240]  I got a dog barking. Yeah, okay. How do you bargreef him? I don't know. I'll bargreef
[01:04:16.240 --> 01:04:22.480]  him against him. Do you have access to the internet? Yes, sir. Then there's forms on
[01:04:22.480 --> 01:04:27.520]  there that you can download specifically for that purpose. Just do a search for Texas Bargreef
[01:04:27.520 --> 01:04:41.720]  Grievance or you can go to Randy's website, Bargreefence.com. That's the best thing that
[01:04:41.720 --> 01:04:46.960]  you can do right now, Douglas. Alright, well, the thing is they've got me up again on the
[01:04:46.960 --> 01:04:54.200]  third on the dock at this time and the first of 29, but I may not. You need to tell your
[01:04:54.200 --> 01:04:58.800]  attorney that if he doesn't defend you properly, you're going to sue him for malpractice and
[01:04:58.800 --> 01:05:01.960]  you're going to file bargreefence against him and that you already have filed bargreefences
[01:05:01.960 --> 01:05:08.840]  against him. Alright. You file one for every single time you've been to court and he hasn't
[01:05:08.840 --> 01:05:14.680]  gotten a dismiss. Yes, yes. You'll end his career with the bargreefences. You file enough
[01:05:14.680 --> 01:05:19.040]  bargreefences against him. He won't be able to keep his malpractice insurance. The insurance
[01:05:19.040 --> 01:05:24.360]  company will drop him like a hot potato and he knows it. Alright. That's the way you control
[01:05:24.360 --> 01:05:28.720]  the attorneys and it doesn't matter if the bar association says that they've looked
[01:05:28.720 --> 01:05:34.240]  into the situation and they found no malpractice and so it doesn't matter. Actually, that works
[01:05:34.240 --> 01:05:41.000]  in our favor because the bargreefence won't adjudicate any bargreefence and the insurance
[01:05:41.000 --> 01:05:45.720]  company, the insurance companies know this and so the insurance companies have no way
[01:05:45.720 --> 01:05:52.000]  to gauge their risk factor based on whether or not the bar association adjudicates these
[01:05:52.000 --> 01:05:58.160]  bargreefences or not. So the insurance companies just have to assume that every bargreefence
[01:05:58.160 --> 01:06:03.920]  that's filed is true and so they just count as points against these attorneys every time
[01:06:03.920 --> 01:06:09.480]  a bargreefence is filed and after they get so many, they lose their insurance and then
[01:06:09.480 --> 01:06:16.680]  they can't be an attorney anymore. So bargreefences are very powerful things. You need to file
[01:06:16.680 --> 01:06:22.600]  bargreefences right now for everything that he's, a separate bargreefence for everything
[01:06:22.600 --> 01:06:27.280]  that he's done that's wrong, for not fighting for your rights, for not bringing up certain
[01:06:27.280 --> 01:06:33.880]  defenses, all these things, for not filing a motion to dismiss. Everything that you think
[01:06:33.880 --> 01:06:39.440]  he's done that's wrong, file a separate bargreefence for that and then you go to him and you go
[01:06:39.440 --> 01:06:44.360]  and you tell him you filed these bargreefences and tell him that you're going to file more
[01:06:44.360 --> 01:06:50.040]  if he doesn't properly defend you in this particular way, that is bring up the fact
[01:06:50.040 --> 01:06:55.240]  that the cop said this and all that sort of thing and tell him that if he doesn't do it,
[01:06:55.240 --> 01:06:58.080]  you're not only going to continue to file bargreefences against him but you're going
[01:06:58.080 --> 01:07:05.640]  to sue him for malpractice too. You have to manhandle these people, you have to let them
[01:07:05.640 --> 01:07:11.680]  know who's boss. And let's sound like a plan to me. All right Douglas. Good luck. Thank
[01:07:11.680 --> 01:07:16.600]  you. Okay. All right Douglas, thanks for calling in. Okay, we're going to take Roger and Washington
[01:07:16.600 --> 01:07:22.840]  and then we have Jeff in Texas. Eden, Roger, what can we do for you? Good evening, Eddie.
[01:07:22.840 --> 01:07:30.120]  This call is about complaints, charging instruments and so on and so forth that you've talked
[01:07:30.120 --> 01:07:37.560]  about many times in the past. You also don't talk much about parking tickets and I tried
[01:07:37.560 --> 01:07:42.160]  finding... Mainly because parking tickets are generally issued under city ordinances
[01:07:42.160 --> 01:07:55.240]  and I talk about ordinances a lot. Okay, well I try to find the traffic or the parking laws
[01:07:55.240 --> 01:07:59.800]  and they were kind of difficult at first but I finally found them. But I have a question
[01:07:59.800 --> 01:08:06.480]  about that. First of all, you said like a complaint is not a charging instrument and
[01:08:06.480 --> 01:08:13.200]  you must have... Not in Texas it's not. Okay. Well okay, that's another thing I noticed
[01:08:13.200 --> 01:08:19.920]  that when I hear you speak to these matters and then read the local Washington law, it's
[01:08:19.920 --> 01:08:28.800]  kind of different. For one thing, traffic and so forth is not criminal as it is in Texas.
[01:08:28.800 --> 01:08:35.280]  Yeah and up there they try to say it's civil but in fact it is like it's supposed to be
[01:08:35.280 --> 01:08:45.400]  here which is administrative. Yeah, they also divide it here too. There's a... Let me get
[01:08:45.400 --> 01:08:53.320]  back to that screen. There's a title 46 called Motor Vehicles and then there's a title 47
[01:08:53.320 --> 01:08:57.760]  called Highways and Transportation and most of the parking that I've seen comes under
[01:08:57.760 --> 01:09:04.640]  transportation. Right. Are you engaging in transportation? No. Well then how does that
[01:09:04.640 --> 01:09:09.880]  set of statutes apply to you? Yeah, it depends on how they want to define it and I don't
[01:09:09.880 --> 01:09:14.880]  think... I would be willing to bet you the term transportation is not defined in no
[01:09:14.880 --> 01:09:22.800]  statute anywhere. Yeah and they also use in the parking section of it, they also use
[01:09:22.800 --> 01:09:32.400]  terms like passengers and transportation and other words that apply to... But their problem
[01:09:32.400 --> 01:09:39.480]  is transportation has always been defined in law with only one of three meanings and
[01:09:39.480 --> 01:09:48.600]  always one of three meanings. In very olden days it could mean the movement of penal prisoners
[01:09:48.600 --> 01:09:57.720]  to penal colony facilities, basically exiling them. They called it transportation. The other
[01:09:57.720 --> 01:10:07.160]  is one of two words meaning the same thing, commerce or trade. That's it. So if you're
[01:10:07.160 --> 01:10:16.520]  not actively exiling penal facility prisoners or you're not engaging in commerce or trade
[01:10:16.520 --> 01:10:21.200]  then those statutes wouldn't be applicable under that code would they? No they wouldn't.
[01:10:21.200 --> 01:10:25.800]  Okay. So the first thing is look and see if they actually contain a definition in that
[01:10:25.800 --> 01:10:31.840]  code and I'm willing to bet you it doesn't and if it does then it's got to be one of
[01:10:31.840 --> 01:10:37.480]  those things. Yeah I just found that area and I haven't
[01:10:37.480 --> 01:10:42.520]  gone through all of it but I haven't seen the definition yet. But here's a question
[01:10:42.520 --> 01:10:51.800]  I have on a particular parking violation. It says what the violation is over time downtown
[01:10:51.800 --> 01:10:58.320]  free zone and then at the bottom where the officer signed it just above his signature
[01:10:58.320 --> 01:11:04.800]  says I certify and declare under penalty of perjury under the laws of the state of Washington
[01:11:04.800 --> 01:11:10.960]  that the foregoing is true and correct. Sounds like the sworn affidavit doesn't it? No it
[01:11:10.960 --> 01:11:18.280]  absolutely sounds like it but there's no way it can be. Okay why is that? Was there a notary
[01:11:18.280 --> 01:11:25.240]  or another officer standing next to him that certified his signature on the document? Well
[01:11:25.240 --> 01:11:30.920]  if there was they didn't sign it so I would say no. What do you mean if there was they
[01:11:30.920 --> 01:11:35.880]  didn't sign it? Were you not there when he wrote the ticket? No you asked if there was
[01:11:35.880 --> 01:11:41.160]  another officer other than the one who did sign the ticket. Yeah but I'm saying were
[01:11:41.160 --> 01:11:49.120]  you present when the ticket was written? Oh no. Okay but there is no other signature.
[01:11:49.120 --> 01:11:56.000]  Okay and it cannot be signed under penalty of perjury unless it is sworn to in front
[01:11:56.000 --> 01:12:04.200]  of somebody authorized to administer that oath it is not signed under penalty of perjury.
[01:12:04.200 --> 01:12:10.560]  That's true even of an IRS form. The only way you can sign it under penalty of perjury
[01:12:10.560 --> 01:12:18.040]  is if it's notarized. Somebody has to administer the oath to you that this is signed under
[01:12:18.040 --> 01:12:23.520]  that and verify you're the one that signed it. Otherwise everybody would be getting charged
[01:12:23.520 --> 01:12:27.400]  of penalty of perjury when they tick somebody off because the other individual they ticked
[01:12:27.400 --> 01:12:35.400]  off could just sign their name to some document under penalty of perjury. So why would they
[01:12:35.400 --> 01:12:42.000]  therefore put that on a ticket? Because they're stupid. Or I should say parking violation.
[01:12:42.000 --> 01:12:48.280]  Here's the other thing. What governs the parking? Is it state law or is it city ordinance?
[01:12:48.280 --> 01:12:53.560]  Well the way from what I've read so far and again I haven't read at all or studied it.
[01:12:53.560 --> 01:13:03.440]  From what I've read it's state law but local communities, town, cities, etc. can make their
[01:13:03.440 --> 01:13:08.320]  own laws as long as they comply with state laws. To me that sounds like it's still state
[01:13:08.320 --> 01:13:18.000]  law. Well here's the problem. This is exactly an argument that I'm going over with Harman
[01:13:18.000 --> 01:13:24.240]  Taylor in regards to this. He and I are discussing this. If they're charging you under a city
[01:13:24.240 --> 01:13:31.120]  ordinance for example and you have law and constitution that says the only political
[01:13:31.120 --> 01:13:38.680]  body in your state that can make law is the legislature and that authority is not delegable
[01:13:38.680 --> 01:13:47.520]  to anybody else, then how can a municipality or a county charge you in the name of the
[01:13:47.520 --> 01:13:56.280]  state under an ordinance that that locality, that local government entity wrote? The state's
[01:13:56.280 --> 01:14:02.000]  got nothing to do with it. It's not created under any authority of the state. It can't
[01:14:02.000 --> 01:14:09.080]  be prosecuted in the name of the state. So exactly what is it they're doing and how are
[01:14:09.080 --> 01:14:14.560]  they doing it? I have the same question for universities. They seem to be a kingdom of
[01:14:14.560 --> 01:14:22.240]  their own. Because in most states these days universities are considered state agencies.
[01:14:22.240 --> 01:14:29.480]  They are a state facility. So they're operating supposedly directly under state law written
[01:14:29.480 --> 01:14:37.040]  for that facility. But they write their own too. If they write their own they have exactly
[01:14:37.040 --> 01:14:42.640]  the same problem that a municipality or a county does. Political subdivision or not,
[01:14:42.640 --> 01:14:49.720]  the only people that have been granted authority to write law governing and binding upon the
[01:14:49.720 --> 01:14:59.480]  people is the state legislature. That's the way I look at it too. So unless there's something
[01:14:59.480 --> 01:15:06.920]  specifically in the Washington Constitution that allows this to occur at a local level
[01:15:06.920 --> 01:15:14.160]  I'd be beating them up with that. Well I have read it once but it takes more than once because
[01:15:14.160 --> 01:15:20.040]  their constitution is longer than the federal by far. So I have to go through it more. Yeah
[01:15:20.040 --> 01:15:25.960]  you ought to try Texas. It's 281 pages. That may be about the same as Washington's. It's
[01:15:25.960 --> 01:15:34.000]  pretty long. Okay. Okay. Thank you much. Yes sir. Thanks for calling in. Appreciate it.
[01:15:34.000 --> 01:15:39.280]  Bye bye. Bye bye. Alright. We also have Lisa on the board and we're going to go ahead and
[01:15:39.280 --> 01:15:43.120]  take Jeff and then we'll get to Lisa. Evening Jeff what can we do for you? You got about
[01:15:43.120 --> 01:15:51.560]  a minute before we go to break. Okay. I had a quick question. The Harmon Taylor show that aired
[01:15:51.560 --> 01:15:57.840]  this weekend. Is that the one that's under the rebroadcast of April 1st? Yes that was
[01:15:57.840 --> 01:16:02.760]  April 1st rebroadcast. Okay. And that should be posted on the archive page by the way too.
[01:16:02.760 --> 01:16:12.520]  Okay. When getting basic information about your case and you're going to say in this case I'm
[01:16:12.520 --> 01:16:19.720]  going to the Austin Municipal Court to get information pertaining to specifically to my case that
[01:16:19.720 --> 01:16:26.520]  I'm involved in. They have certain information that's not printable. What do you mean it's not
[01:16:26.520 --> 01:16:35.520]  printable? Like they can't print it off their computer. Can you say BS? If it's in that computer
[01:16:35.520 --> 01:16:41.560]  it can be printed unless the software they're using specifically prohibits it from being printed.
[01:16:41.560 --> 01:16:46.320]  I can almost guarantee you that's never the case. But hang on just a second Jeff. We'll pick this up
[01:16:46.320 --> 01:16:54.000]  on the other side. This is rule of law radio. Call in numbers 512-646-1984. This is edited
[01:16:54.000 --> 01:16:57.880]  correct. Deborah Stevens, Randy Kelton will be right back on the other side of the break.
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[01:18:19.280 --> 01:18:24.240]  have used what they stole from you to buy your legislators, government oversight agencies and
[01:18:24.240 --> 01:18:31.360]  most unfortunately the courts. If you have been foreclosed on or facing foreclosure or are up to
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[01:19:02.760 --> 01:19:23.960]  All right folks, folks we are back. This is rule of law radio. This is our Monday night traffic show.
[01:19:23.960 --> 01:19:30.000]  We got about three segments left in the show. Right now we are talking to Jeff in Texas and as soon
[01:19:30.000 --> 01:19:34.480]  as we are wrapped up there we will talk to Lisa who is a first time caller. So Lisa please hang in
[01:19:34.480 --> 01:19:39.280]  there. All right Jeff, let's continue. You have a record in Austin Municipal Court they are telling
[01:19:39.280 --> 01:19:44.280]  you they can't print. What record were you asking for that they told you they couldn't print?
[01:19:44.280 --> 01:19:53.080]  What I am looking for is specific information about who saw the appeal that I made. I made an
[01:19:53.080 --> 01:20:00.000]  appeal that was not... What do you mean by saw the appeal? According to them, according to the clerks down there,
[01:20:00.000 --> 01:20:06.480]  they said that the appeal was not filed when I filed it with them. I mean it was filed was not
[01:20:06.480 --> 01:20:17.960]  docketed and that they were told that the city prosecutor had told someone not to docket it.
[01:20:17.960 --> 01:20:24.600]  A city prosecutor doesn't have that authority to block the appeal. So I am trying to find out
[01:20:24.600 --> 01:20:31.040]  exactly who the person was and I was also told that... When you say who the person was are you
[01:20:31.040 --> 01:20:35.640]  talking about the person that blocked it or who the prosecutor was? Who the prosecutor was.
[01:20:35.640 --> 01:20:40.840]  Exactly who that prosecutor was. He didn't get any paper trail. Well there is probably not going
[01:20:40.840 --> 01:20:45.360]  to be any paper trail of that because the prosecutor knows that it is illegal for him to do such a
[01:20:45.360 --> 01:20:51.200]  thing and he probably just told some clerk to block it. Here's what I would do. I would go in
[01:20:51.200 --> 01:20:59.240]  with my recorder and a witness. I would go straight to Rebecca Stark who is the chief clerk. I would
[01:20:59.240 --> 01:21:06.680]  tell her that you need to call in clerk so-and-so who is the one that told you this and right there
[01:21:06.680 --> 01:21:14.960]  in front of Rebecca Stark tell that clerk I want to know who told you or what city attorney told
[01:21:14.960 --> 01:21:27.520]  you to not docket this appeal and I want to know right now. Okay now in lieu of them not still not
[01:21:27.520 --> 01:21:33.320]  giving me the information what would be my next course? Well as long as you got a recorder in your
[01:21:33.320 --> 01:21:38.600]  pocket and they don't give you that information then that's going to dictate your next course.
[01:21:38.600 --> 01:21:47.840]  So get that first. It's criminal. If they're interfering with your access to the court in
[01:21:47.840 --> 01:21:55.120]  order to deny you a timely appeal that's criminal. That's tampering with a government
[01:21:55.120 --> 01:22:03.040]  document. That's felony. Okay so any information that's pertaining to any case that I'm in they
[01:22:03.040 --> 01:22:11.080]  also are legally obligated to give me that as well. If it is a public record yes and anything in the
[01:22:11.080 --> 01:22:21.720]  folder of the case is public. The only thing that isn't is any judicial paperwork which is
[01:22:21.720 --> 01:22:29.640]  something generated by the court itself that is related to the administrative procedures of the
[01:22:29.640 --> 01:22:38.640]  court and not specifically the case. Okay so anything that is in that file whatsoever
[01:22:38.640 --> 01:22:48.520]  including what judge saw the appeal I filed and what city prosecutor saw that appeal that I'm
[01:22:48.520 --> 01:22:56.760]  entitled to. Absolutely but the thing is is if they're not actually doing anything but looking
[01:22:56.760 --> 01:23:02.760]  at it on a computer screen you won't know for a fact who that was. Exactly. You're only going to be
[01:23:02.760 --> 01:23:11.360]  able to elicit information as to who told who to do what with it. Yeah and is there any way I can
[01:23:11.360 --> 01:23:17.160]  get that in writing? Like how do I actually get it? They can print it. It's a public record if it's
[01:23:17.160 --> 01:23:23.320]  in that file and they dang well can print it. I don't care what they're telling me. Yeah if it's a
[01:23:23.320 --> 01:23:29.720]  piece of paper or if it's some document that's in the file Jeff but if it's like Eddie's saying
[01:23:29.720 --> 01:23:35.040]  it's just a matter and at the municipal court they don't have anything on paper. Everything is
[01:23:35.040 --> 01:23:39.440]  electronic and so they have to look everything up on the computer and so if a prosecutor just
[01:23:39.440 --> 01:23:45.000]  walks behind the counter there and told some clerk to look up the case and just looked at it
[01:23:45.000 --> 01:23:51.360]  and told the clerk to do something that's not going to be documented in the case. This is actually
[01:23:51.360 --> 01:23:57.520]  documented because I got the information about one of the judges name I got. I'm just not sure.
[01:23:57.520 --> 01:24:02.160]  There's two judges with the same name so I'm not sure exactly which one it is. I didn't get the name
[01:24:02.160 --> 01:24:07.880]  of the prosecutor however but I know it's in their computer records because- Okay and while
[01:24:07.880 --> 01:24:15.160]  you have that clerk in Rebecca Stark's office you demand Rebecca Stark. She absolutely can print
[01:24:15.160 --> 01:24:21.680]  out anything in those folders. She is the chief clerk. So her security access to anything in
[01:24:21.680 --> 01:24:27.160]  that computer will exceed anything a clerk may or may not be able to do. Yeah well while you're
[01:24:27.160 --> 01:24:33.840]  in there you tell her I want a printed copy of that document from that record and I want it right
[01:24:33.840 --> 01:24:40.440]  now. Got you. Well this is what they're claiming. They're claiming that that particular screen is
[01:24:40.440 --> 01:24:49.520]  unprintable. I don't care what they're claiming that's a lie. Every document that goes into that
[01:24:49.520 --> 01:24:58.000]  court is scanned in and it is viewable on that computer and if it's on that screen it can be
[01:24:58.000 --> 01:25:05.240]  printed even if the software itself won't print it. They simply hit print screen combination keys
[01:25:05.240 --> 01:25:11.880]  and windows will dump it right to the printer. That's what I was thinking as well. I mean because
[01:25:11.880 --> 01:25:16.880]  they have a record of it. It's not the same clerk that I talked to more than one clerk. That's why
[01:25:16.880 --> 01:25:22.400]  I said go to the head clerk Rebecca Stark. She can't make the excuse that that screen can't be
[01:25:22.400 --> 01:25:33.600]  printed. Okay the other thing was if you have time could you briefly talk about what's required
[01:25:33.600 --> 01:25:42.360]  for criminal complaints? If you need to know that look specifically in 45.019 if it's something the
[01:25:42.360 --> 01:25:53.920]  municipal court or justice court has jurisdiction over. Okay yeah 45.19 and.019. Okay 45.019. That
[01:25:53.920 --> 01:25:58.240]  would be in the code of the criminal procedure. Oh the criminal procedure and also take careful
[01:25:58.240 --> 01:26:05.120]  notice right above that at 45.018 that says when they must give you a copy of the complaint that's
[01:26:05.120 --> 01:26:12.520]  made in 45.019. Okay. All right thanks. You're welcome Jeff thanks for calling in. All right
[01:26:12.520 --> 01:26:17.160]  we're going to go to a first-time caller Lisa in Texas. Evening Lisa what can we do for you?
[01:26:17.160 --> 01:26:28.360]  Hello. So on Saturday afternoon rather I got a speeding ticket. Now my boyfriend is an avid
[01:26:28.360 --> 01:26:33.080]  listener and he's telling me that I can get it dismissed because I was not involved in commerce.
[01:26:33.080 --> 01:26:40.320]  Is this true? It is true. Provided you do a few things and follow a certain rules and don't let
[01:26:40.320 --> 01:26:48.960]  them bully or con you into doing something that you shouldn't do. Okay how would I go about pleading
[01:26:48.960 --> 01:26:57.280]  not guilty then? You don't plead anything ever. Okay. All right you forced them to railroad you
[01:26:57.280 --> 01:27:03.480]  through this system. Now there is a little caveat to this you need to be aware of. The lower courts
[01:27:03.480 --> 01:27:12.160]  don't like to play fair. They lie, they cheat, they steal. You need to be aware of that and accept
[01:27:12.160 --> 01:27:19.440]  that going in. Do we understand each other on that? Yeah. Now when you're playing a game with
[01:27:19.440 --> 01:27:27.280]  somebody and there's money at stake do you like it when you get cheated? Definitely not. Does it
[01:27:27.280 --> 01:27:34.480]  make you mad? It makes me live in. Then you need to hang on to those feelings because you're going
[01:27:34.480 --> 01:27:43.600]  to need them later. Okay. Yep. Understand this going in. This is exactly the kind of game these
[01:27:43.600 --> 01:27:51.880]  courts play. They will not obey the rules even when they specifically apply to them. So what you
[01:27:51.880 --> 01:28:01.160]  have to do is to make sure that where they break the rules is documented so that when they railroad
[01:28:01.160 --> 01:28:07.160]  you through their court the higher court comes back and kicks them in the teeth and says could
[01:28:07.160 --> 01:28:14.120]  you be any more stupid? Now all you've done is give this girl a way to sue you and we're going to
[01:28:14.120 --> 01:28:22.040]  give her the case back so she can do exactly that. Exactly. Okay. All right. So that's the
[01:28:22.040 --> 01:28:28.160]  understanding you need to have if you want to go through this. It's not easy. It does take some
[01:28:28.160 --> 01:28:34.960]  time and it most definitely takes some effort on your part. But I guarantee you you go through it
[01:28:34.960 --> 01:28:41.400]  once, you take it to heart and you learn it. You will be able to use it from now on. It won't be
[01:28:41.400 --> 01:28:53.400]  just this ticket. It will be every ticket. Okay. Yep. Now the easiest way to beat this is to
[01:28:53.400 --> 01:28:58.880]  document why it didn't apply to you in the first place. This is a little more extensive than what
[01:28:58.880 --> 01:29:04.200]  I can get into with you on the air and explain to you. And I can tell you that if you've never been
[01:29:04.200 --> 01:29:09.680]  to one of my classes on Sunday from two to six or two to five brave new books, you need to come.
[01:29:09.680 --> 01:29:16.320]  This is what I teach people how to take these cases to court, how to document what the court does
[01:29:16.320 --> 01:29:25.480]  and win their case. Now, so far, I'm two cases shy of helping people with four dozen cases since
[01:29:25.480 --> 01:29:36.360]  I've been in Austin. I'm too shy of four dozen. And out of those, I've only lost two. Okay. So if
[01:29:36.360 --> 01:29:43.560]  you do what I tell you the way I tell you, I can help you. Okay. But if you'll hang on, I'll pick
[01:29:43.560 --> 01:29:47.720]  this up with you on the other side, tell you what to do about the classes. This is rule of law
[01:29:47.720 --> 01:29:56.120]  radio 512-646-1984. We have Mark in Texas after Lisa. So if you got a caller and issue, get on the
[01:29:56.120 --> 01:30:02.320]  line. We'll be right back. Top 10 reasons to question the official story of the Oklahoma City
[01:30:02.320 --> 01:30:06.880]  bombing. Reason number 10. What is on the surveillance tapes? There were many video surveillance
[01:30:06.880 --> 01:30:10.560]  cameras that recorded the morning of the bombing. Yet the few of these that have been released do not
[01:30:10.560 --> 01:30:14.520]  show what transpired with the rider truck at the Murrow Building. Most recently, the government has
[01:30:14.520 --> 01:30:17.680]  claimed that all of the cameras that were in different buildings and maintained by different
[01:30:17.680 --> 01:30:23.160]  businesses were all having their tapes changed at the exact same time. 902 a.m. This is insulting to
[01:30:23.160 --> 01:30:27.200]  the memory of those who perish in the bombing. What is being hidden from us? For more information,
[01:30:27.200 --> 01:30:35.120]  please go to okcbombietruth.com. Attention, 40-something male creeps. If you're looking onto
[01:30:35.120 --> 01:30:39.840]  the internet from your mom's basement pretending to be a 16-year-old girl, I'm under your tricks.
[01:30:39.840 --> 01:30:44.400]  Well, sort of. I'm Dr. Catherine Albrecht and I'll be back to tell you how researchers can
[01:30:44.400 --> 01:30:50.600]  determine your gender online. Privacy is under attack. When you give up data about yourself,
[01:30:50.600 --> 01:30:55.680]  you'll never get it back again. And once your privacy is gone, you'll find your freedoms will
[01:30:55.680 --> 01:31:01.600]  start to vanish too. So protect your rights. Say no to surveillance and keep your information to
[01:31:01.600 --> 01:31:06.840]  yourself. Privacy, it's worth hanging on to. This public service announcement is brought to you
[01:31:06.840 --> 01:31:13.240]  by startpage.com, the private search engine alternative to Google, Yahoo, and Bing. Start over
[01:31:13.240 --> 01:31:22.280]  with Start Page. OMG, you can totally tell I'm a girl exclamation mark. Men and women communicate
[01:31:22.280 --> 01:31:27.240]  differently, even in microbursts of text. Researchers at the MITRE Corporation say they
[01:31:27.240 --> 01:31:32.240]  can tell a person's gender 75% of the time by reading all their tweets. And with just one
[01:31:32.240 --> 01:31:38.600]  tweet, 140 tiny characters, they get it right two times out of three. Women use more punctuation,
[01:31:38.600 --> 01:31:44.560]  convey more emotion, and use more phrases like haha and lol. Knowing that could be useful to
[01:31:44.560 --> 01:31:49.600]  marketing vultures and other creeps, so keep a lookout for imposters and be careful what you
[01:31:49.600 --> 01:31:55.320]  share with strangers. I'll seal that advice with a smiley. I'm Dr. Catherine Albrecht. More
[01:31:55.320 --> 01:31:58.080]  news and information at CatherineAlbrecht.com.
[01:32:12.080 --> 01:32:17.320]  Hi folks, we are back. This is Rule of Law Radio. This is our Monday Night Traffic Night show. Right
[01:32:17.320 --> 01:32:25.000]  now we are talking to Lisa in Texas. Okay, Lisa, the classes are Sunday from two to five. The
[01:32:25.000 --> 01:32:29.280]  first class doesn't cost you anything if you want to come in, sit down, and listen to what's
[01:32:29.280 --> 01:32:35.800]  going on and talk about what you got going on. No problem with that. But what I teach is exactly
[01:32:35.800 --> 01:32:42.040]  how to take these issues to court, how to file your documents, what documents to file, how to make
[01:32:42.040 --> 01:32:50.240]  the written record consistent so that the appeals court has something to use. Now, if we document
[01:32:50.240 --> 01:32:56.320]  what the lower court does well enough, they're going to understand that there's no way that they're
[01:32:56.320 --> 01:33:01.320]  going to get away with railroading you through this court. So we usually wind up getting a
[01:33:01.320 --> 01:33:11.160]  dismissal either just before or the day of trial. Now on Tuesday of last week, we actually got a
[01:33:11.160 --> 01:33:18.520]  dismissal with a not guilty verdict attached to it. Okay. And so that individual now has an
[01:33:18.520 --> 01:33:29.440]  absolutely rock solid case of malicious prosecution that he can sue over. Excellent. Okay. So that's
[01:33:29.440 --> 01:33:35.680]  what we can do. But it's more detail than I can go into on the show about exactly why a speeding
[01:33:35.680 --> 01:33:42.040]  ticket can't apply to anybody that's not engaging in commerce. But if you want to do a little
[01:33:42.040 --> 01:33:52.120]  checking on your own, go online and look up the Texas Transportation Code and go to section 201.904.
[01:33:52.120 --> 01:34:04.280]  That will tell you exactly what type of vehicles a posted speed limit applies to. Let me know at
[01:34:04.280 --> 01:34:12.440]  class this coming Sunday if you were in any of those and operating them. Okay. Okay. And if you
[01:34:12.440 --> 01:34:17.840]  can see by what you read there that you weren't, then I'd be more than happy to see you in class,
[01:34:17.840 --> 01:34:25.760]  you and your boyfriend both. Okay. Good. Thank you so much. You're very, very welcome, ma'am.
[01:34:25.760 --> 01:34:31.800]  Thank you so much for calling in. All right. See you soon. Yes, ma'am. Bye-bye. All right. Now we're
[01:34:31.800 --> 01:34:36.640]  going to go to Mark in Texas. That will clear up the collar board. So folks, if you got any issues,
[01:34:36.640 --> 01:34:43.360]  we got two segments left. So give us a call. Ian and Mark, what can we do for you? I'm doing
[01:34:43.360 --> 01:34:49.920]  pretty good on yourself. Oh, well, so far so good. Nobody died today. Well, I called last week
[01:34:49.920 --> 01:34:55.520]  about the Travis County with the signature pass that they're using at their precincts. Yes. To do
[01:34:55.520 --> 01:34:58.640]  the payments or whatnot. And on the end of the show, I was hearing that you were saying that
[01:34:58.640 --> 01:35:04.680]  there was a possible lawsuit to them not giving information. I was signing my rights over. And
[01:35:04.680 --> 01:35:11.600]  on top of that, it was a possible identity of theft. Oh, there ain't no possible to it. This is
[01:35:11.600 --> 01:35:19.200]  exactly how they're doing it down at the municipal court. You sign the electronic pad. They take
[01:35:19.200 --> 01:35:24.920]  that signature and they print it out on the bottom of a form that has not been disclosed to you
[01:35:24.920 --> 01:35:35.120]  prior to signing that pad. That form has been automatically set to a waiver of the right to
[01:35:35.120 --> 01:35:42.720]  a jury trial and set you for a bench trial. It has entered a plea of not guilty, even if you
[01:35:42.720 --> 01:35:51.240]  weren't there and had no intention of entering a plea. And it documents several other things that
[01:35:51.240 --> 01:35:57.800]  you've neither agreed nor consented to in any way, shape or form. And you had no knowledge was
[01:35:57.800 --> 01:36:06.120]  being done before you signed anything. They captured your signature and placed it on this
[01:36:06.120 --> 01:36:14.160]  document without your knowledge and consent to make it appear as if you did it. That's identity
[01:36:14.160 --> 01:36:24.520]  theft. It is also fraud. It is also tampering with a government document. Wow. I was wondering
[01:36:24.520 --> 01:36:30.680]  how did you pursue this case? Like do I do a law suit against the municipal court against the
[01:36:30.680 --> 01:36:36.480]  clerk against the head administrative judge against the head administrative clerk, which is
[01:36:36.480 --> 01:36:44.440]  Rebecca Stark, and the judge is Evelyn McKee. You also name the city manager, the city mayor,
[01:36:44.440 --> 01:36:53.520]  and the city of Austin in the suit. Those are your defendants at a minimum. As far as the
[01:36:53.520 --> 01:36:57.160]  email, as far as your email, like you've been coaching through this, is there someone getting
[01:36:57.160 --> 01:37:08.440]  in contact with you? Yes. My email address is eddyedde.atruleoflawradio.com. Okay. I will be
[01:37:08.440 --> 01:37:12.920]  getting in contact with you through email, Eddie. Okay, Mark. I'll be looking forward to it. Thank
[01:37:12.920 --> 01:37:18.160]  you, sir. You're very welcome. Well, hi, folks. Mark was our last caller. If y'all don't get on
[01:37:18.160 --> 01:37:22.000]  this phone and start calling in, you got to start listening to me again, and that could wind up
[01:37:22.000 --> 01:37:28.880]  hurting years. But while we are waiting for people to get up on the board, let's go back into this
[01:37:28.880 --> 01:37:33.960]  other stuff for a minute. And since Lisa is out there listening and hasn't yet gone to class,
[01:37:33.960 --> 01:37:41.680]  let me go over again what is in 201.904 that is so very important to those being charged with
[01:37:41.680 --> 01:37:47.200]  speeding. Now, the problem that most people don't understand about a speeding charge,
[01:37:47.200 --> 01:37:54.760]  especially for the state to prove, is the requirement of reasonable and prudent. Not
[01:37:54.760 --> 01:38:00.560]  only do they have to assert specific things like this is the speed you're accused of traveling,
[01:38:00.560 --> 01:38:08.520]  this is the speed the highway was marked for, and that the conditions were such that this speed
[01:38:08.520 --> 01:38:14.560]  that you're accused of traveling was neither reasonable nor prudent under the circumstances
[01:38:14.560 --> 01:38:27.240]  then existing. The problem is they never prove any of those things. Never. Why do I say they
[01:38:27.240 --> 01:38:34.880]  don't prove any of them? Okay, the first reason is is the posted speed limit sign only applies
[01:38:34.880 --> 01:38:45.160]  to specific types of motor vehicles. What are those motor vehicles? Okay, when you look at it,
[01:38:45.160 --> 01:38:55.080]  it's very clear that it is not a private automobile. Never was, never has been. And because it never
[01:38:55.080 --> 01:39:02.280]  has been, the charge is fraudulent on its face. But just so you understand this, I'm going to read
[01:39:02.280 --> 01:39:10.920]  201.904 to you. You tell me if you recognize anything in this as being what you're in when
[01:39:10.920 --> 01:39:19.440]  you're traveling down the road. Section 201.904 speed signs. The department shall erect and
[01:39:19.440 --> 01:39:25.600]  maintain on the highways and roads of this state appropriate signs that show the maximum
[01:39:25.600 --> 01:39:38.080]  lawful speed for commercial motor vehicles, truck tractors, truck trailers, truck semi trailers,
[01:39:38.080 --> 01:39:45.480]  and motor vehicles engaged in the business of transporting passengers for compensation or
[01:39:45.480 --> 01:39:55.480]  hire. And in parentheses, it has buses. Now, Lisa, if you're listening, which one of those were
[01:39:55.480 --> 01:40:04.120]  you in? What type of commercial motor vehicle? What type of truck, meaning a semi in this case?
[01:40:04.120 --> 01:40:14.360]  What type of truck trailer or truck semi trailer were you in? Okay, or what type of passenger bus
[01:40:14.360 --> 01:40:21.960]  that you were getting paid to drive? Were you operating? If the answer is none of those,
[01:40:21.960 --> 01:40:29.240]  then that posted speed limit sign has absolutely nothing to do with the case. Nothing. And the
[01:40:29.240 --> 01:40:35.880]  allegation that you were engaging in an activity to which that speed sign applied is null and void.
[01:40:35.880 --> 01:40:44.200]  Therefore, the accusation that you were traveling at such and such speed doesn't mean diddly squat,
[01:40:44.200 --> 01:40:53.680]  because you weren't in one of the classifications of a motor vehicle to which that posted sign even
[01:40:53.680 --> 01:41:04.200]  applied. That's a problem they never ever are able to overcome. On top of that, reasonable
[01:41:04.200 --> 01:41:09.760]  and prudent. How do you prove that the speed was neither reasonable nor prudent under the
[01:41:09.760 --> 01:41:16.960]  circumstances that existed? If you allow the officer to go, well, X number of miles an hour
[01:41:16.960 --> 01:41:22.840]  over the speed limit just simply isn't reasonable and prudent. That's his opinion. That does not
[01:41:22.840 --> 01:41:33.760]  make it a fact. If I am traveling down the road in a 55 mile an hour zone at 110, I have not lost
[01:41:33.760 --> 01:41:40.160]  control of my car. I have not caused anyone else to lose control of theirs. I have not caused
[01:41:40.160 --> 01:41:46.720]  anyone to damage property and I have not caused any damage to property. Then who is to say that
[01:41:46.720 --> 01:41:55.920]  that speed was neither reasonable nor prudent? Absolutely nobody. It is simply their opinion
[01:41:55.920 --> 01:42:07.240]  about what could have happened if something else had happened. That's all. Well, I tell you what,
[01:42:07.240 --> 01:42:15.120]  folks, you can be going 10 miles under the speed limit and lose control of your car. In which case,
[01:42:15.120 --> 01:42:24.600]  if you do that and you damage persons or property, then you could be charged with speeding if and
[01:42:24.600 --> 01:42:32.680]  only if you were in a commercial motor vehicle to which the posted speed limit applied, even though
[01:42:32.680 --> 01:42:45.320]  you were actually going slower than the posted limit because you lost control of the vehicle. See
[01:42:45.320 --> 01:42:52.720]  how it works? That's their problem. But until you know how to make that argument, where to look for
[01:42:52.720 --> 01:42:59.600]  the substantial things that help you make that argument, it's kind of tough to do. All right,
[01:42:59.600 --> 01:43:04.600]  we've got some more callers right now. We have Wendy in California. Wendy, I'll pick you up on
[01:43:04.600 --> 01:43:08.680]  the other side of the break. We got less than a minute till break, so please hold on. And then we
[01:43:08.680 --> 01:43:12.520]  have another caller after that that hasn't been screened yet. So I'll let you know who that is
[01:43:12.520 --> 01:43:17.960]  when we get back. Right now, I would like to take the opportunity to thank all of you for listening
[01:43:17.960 --> 01:43:23.600]  to us. And on the other side of the break, we will have only one segment left in the show. So
[01:43:23.600 --> 01:43:29.080]  this will be your very last opportunity to get on the call aboard and for me to get through these
[01:43:29.080 --> 01:43:35.680]  calls. So please hang in there. Please stay with us. We're going to pick up Wendy on the other side,
[01:43:35.680 --> 01:43:40.040]  take the other caller after Wendy and see if we can get this wrapped up before the end of the
[01:43:40.040 --> 01:43:48.680]  show. So folks, this is Rule of Law Radio. This is Eddie Craig. Call in number is 512-646-1984.
[01:43:48.680 --> 01:44:01.280]  And we'll see you on the other side of the break. Hey, did you hear Ron Paul's
[01:44:01.280 --> 01:44:05.920]  announced he's running for president in 2012? It is Ron Paul. Really? Okay, put down the cell
[01:44:05.920 --> 01:44:09.520]  phone for one minute. Your friends really don't care about your Twitter updates on what you had
[01:44:09.520 --> 01:44:13.680]  for breakfast. Oh, but I love to make those little smiley faces with punctuation marks. Of course
[01:44:13.680 --> 01:44:17.680]  you do. Now, listen closely. You need to go down to Brave New Books and learn as much as you can
[01:44:17.680 --> 01:44:21.760]  about Ron Paul and his message before it's too late. They have all of his books and many of the
[01:44:21.760 --> 01:44:26.000]  books he talks about. They also have t-shirts, bumper stickers, and yard signs so that you can
[01:44:26.000 --> 01:44:29.840]  show your support for him during the campaign. Brave New Books? Do they have Harry Potter and
[01:44:29.840 --> 01:44:35.040]  Twilight? No, but they do carry a large selection of survival and preparedness books to protect your
[01:44:35.040 --> 01:44:39.520]  family in time of emergency. Oh, that sounds like that show on the Discovery Channel. Yeah,
[01:44:39.520 --> 01:44:43.520]  there's even a wilderness survival expert that teaches classes called Earth Skills School that
[01:44:43.520 --> 01:44:48.320]  you can sign up for on the website bravenewbookstore.com. What are you doing? I'm tweeting all my
[01:44:48.320 --> 01:44:52.720]  friends that they should go to bravenewbookstore.com or down to the bookstore in person. Where's it
[01:44:52.720 --> 01:44:58.240]  located? 1904 Guadalupe Street. There, it's sent. I even made a smiley face. Great.
[01:44:58.240 --> 01:45:09.280]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Jurisdictionary,
[01:45:09.280 --> 01:45:15.760]  the affordable, easy-to-understand four-city course that will show you how in 24 hours,
[01:45:15.760 --> 01:45:22.560]  step-by-step. If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer,
[01:45:22.560 --> 01:45:27.840]  know what you should do for yourself. Thousands have won with our step-by-step course
[01:45:27.840 --> 01:45:35.040]  and now you can too. Jurisdictionary was created by a licensed attorney with 22 years of case-winning
[01:45:35.040 --> 01:45:40.800]  experience. Even if you're not in a lawsuit, you can learn what everyone should understand
[01:45:40.800 --> 01:45:46.400]  about the principles and practices that control our American courts. You'll receive our audio
[01:45:46.400 --> 01:45:54.080]  classroom, video seminar, tutorials, forms for civil cases, prosay tactics, and much more.
[01:45:54.080 --> 01:46:02.080]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ.
[01:46:15.760 --> 01:46:20.640]  All right, folks, we are back. This is Rule of Law Radio. We are in the last segment of the show.
[01:46:20.640 --> 01:46:25.440]  We have Wendy in California and Melissa in Texas. All right, Wendy, what can we do for you?
[01:46:27.120 --> 01:46:35.360]  Hi. Who wants to be other pollers? I'm in California, although I have a couple of tickets,
[01:46:35.360 --> 01:46:40.880]  feeding tickets in Nevada, and I'm wondering if you could also take that route, what you're just
[01:46:40.880 --> 01:46:44.080]  talking about as far as not being a commercial driver. I'm not sure.
[01:46:44.080 --> 01:46:52.880]  Well, it depends on how well you know the statutes in the individual state. The one thing I can tell
[01:46:52.880 --> 01:47:00.160]  you is whether or not they want to admit it. Every state code is based on commerce, and it is handed
[01:47:00.160 --> 01:47:07.280]  down by the federal government relating to that. They don't want to admit that, but they're getting
[01:47:07.280 --> 01:47:13.200]  federal funds to support the agencies that implement these rules and regulations on top of
[01:47:13.200 --> 01:47:20.960]  the state statutes. And if you find in their codes where it references Title 49, that is your
[01:47:20.960 --> 01:47:27.680]  conclusive link that that code is based upon the distinctions made in the federal code regarding
[01:47:27.680 --> 01:47:35.360]  commercial transportation. Here in Texas, that information is taken in the administrative code.
[01:47:35.360 --> 01:47:43.120]  So finding it is the first needle in the haystack. Once you found it, then you have to take the other
[01:47:43.120 --> 01:47:49.520]  pieces and put them together. The issue here is whether or not you know the statutes. Yeah, you
[01:47:49.520 --> 01:47:55.120]  can make the argument, but if you don't know what you're basing it on, then they're going to shred it
[01:47:55.120 --> 01:47:58.080]  and make it look like you're just making it up.
[01:47:58.080 --> 01:48:07.200]  You're just making it up. Mm-hmm. And also, it looks like they did not use real complaints
[01:48:07.200 --> 01:48:16.160]  on me. According to whose statutes? Okay. Did you look up what Nevada considers a complaint?
[01:48:17.520 --> 01:48:21.920]  Well, not yet, but on one of them, it was literally just the ticket. And on the other one,
[01:48:21.920 --> 01:48:26.480]  it was a sheet of paper that pretty much had the same stuff as the ticket and nothing else.
[01:48:26.480 --> 01:48:33.920]  Okay. But again, until there's two things you need to know, what is the nature of the cause?
[01:48:35.520 --> 01:48:40.240]  In other words, am I being charged civilly, criminally, or administratively under this ticket?
[01:48:41.920 --> 01:48:48.800]  And then what constitutes a proper instrument granting a court jurisdiction to hear the case
[01:48:48.800 --> 01:48:55.200]  regarding that ticket? Until you know those two things, you won't know whether that piece of
[01:48:55.200 --> 01:49:00.880]  paper gives anybody any authority or not. And you won't know what rules you're supposed to be
[01:49:00.880 --> 01:49:05.280]  fighting under when you go in or address the ticket by mail.
[01:49:09.440 --> 01:49:15.840]  But I can promise you, no state can deprive you of the right to know the nature and cause.
[01:49:17.200 --> 01:49:21.440]  So you need to file a motion with whatever court they told you to report to,
[01:49:21.440 --> 01:49:25.600]  to demanding a written statement of the nature and cause.
[01:49:28.400 --> 01:49:28.800]  Okay.
[01:49:33.520 --> 01:49:34.000]  Okay.
[01:49:34.720 --> 01:49:36.560]  The nature and the what of the cause?
[01:49:37.360 --> 01:49:44.160]  The nature and cause. In other words, the nature is, am I being charged criminally,
[01:49:44.160 --> 01:49:50.240]  civilly, or administratively? The cause is, I need to know exactly what law you're using
[01:49:50.240 --> 01:50:00.560]  and where to find it. Because if they just accuse you of doing something but does not tell you what
[01:50:01.520 --> 01:50:09.760]  statute or ordinance or rule or regulation deals with the enforcement of that alleged violation,
[01:50:10.320 --> 01:50:13.840]  you don't know what the elements are that constitute the offense.
[01:50:14.560 --> 01:50:16.960]  And there's no way for you to defend against that.
[01:50:16.960 --> 01:50:22.560]  They're simply accusing you of doing something and you're going, I didn't do it.
[01:50:24.080 --> 01:50:27.280]  And then they're going, did you do this? And you go, yes, did you do this? Yes,
[01:50:27.280 --> 01:50:30.240]  did you do this? Well, that's all the elements. But you didn't know that in advance.
[01:50:31.440 --> 01:50:35.920]  So you didn't know to make the objection to wait. No, I didn't do that. No, I didn't do that.
[01:50:35.920 --> 01:50:48.960]  Okay. All right. So my next court hearing that I could file a motion requesting the
[01:50:49.680 --> 01:50:57.200]  cause, nature and cause of the complaint. Absolutely. You should have done that first thing.
[01:50:57.200 --> 01:51:04.800]  That is always the first thing you want to know.
[01:51:10.800 --> 01:51:14.240]  And then will it be obvious that I need to note next once they answer that?
[01:51:14.240 --> 01:51:20.960]  Yes. After that, you need to immediately find the statute they're charging you under and the
[01:51:20.960 --> 01:51:26.160]  rules that govern what they're supposed to do in relation to it. If they're telling you it's civil,
[01:51:26.160 --> 01:51:31.840]  then you need to look up whatever civil rules govern the court in regard to a traffic ticket
[01:51:31.840 --> 01:51:37.280]  for whatever state it came from. If they tell you it's criminal, it'll be whatever constitutes
[01:51:37.280 --> 01:51:41.600]  the criminal rules for a court in those particular cases, wherever it came from.
[01:51:44.320 --> 01:51:46.640]  And so on and so forth, all the way down the line.
[01:51:46.640 --> 01:51:53.520]  You can't play Yahtzee on monopolies rules.
[01:51:56.640 --> 01:51:56.880]  No.
[01:52:00.160 --> 01:52:01.920]  Okay. All right.
[01:52:02.640 --> 01:52:06.880]  So is there anything else you want to know about it? Because without having more details,
[01:52:06.880 --> 01:52:09.520]  that's the only thing I can tell you based on what you're asking.
[01:52:10.320 --> 01:52:12.880]  And what about trying to develop reasonable doubt?
[01:52:12.880 --> 01:52:20.080]  Well, reasonable doubt only applies in a criminal case. Beyond a reasonable doubt is the burden of
[01:52:20.080 --> 01:52:26.960]  proof level in a criminal case. If they're charging you under civil rules, it's preponderance of the
[01:52:26.960 --> 01:52:34.720]  evidence completely different. That's why you have to know what rules you're playing under.
[01:52:34.720 --> 01:52:48.320]  Okay, okay. But is it possible to lift these up on the internet with information or do it?
[01:52:48.320 --> 01:52:55.120]  Because it's a long way. Yes, almost every state. All you have to do is go to www.thenameofthestate.gov.
[01:52:55.120 --> 01:53:04.880]  That will almost always take you directly to whatever website is the official website for
[01:53:04.880 --> 01:53:10.880]  the state. Okay. When you get there, find something that says government,
[01:53:12.080 --> 01:53:17.840]  then you'll look for either legislative or something that says laws, codes, and statutes,
[01:53:17.840 --> 01:53:24.080]  or something of that type. State statutes, the name of the state in the word statutes,
[01:53:24.080 --> 01:53:31.520]  like nabata statutes. Look for those things. That will be the place you go to to keep looking
[01:53:31.520 --> 01:53:37.360]  to see if you can find what you need. Okay. Okay. All right. Thank you. Love you, Dr. Toy.
[01:53:37.920 --> 01:53:44.160]  Yes, ma'am. Good luck. Thanks. Bye-bye. Bye-bye. All right. Now we're going to go to Melissa in
[01:53:44.160 --> 01:53:50.720]  Texas. Evening, Melissa. What can we do for you? I was wondering if you had heard the term being
[01:53:50.720 --> 01:54:00.240]  talked about indefensible with regards to speed. Indefensible? I know what indefensible means.
[01:54:00.240 --> 01:54:06.720]  It means there's no appropriate defense available for whatever's being alleged or stated.
[01:54:07.360 --> 01:54:12.480]  Well, somebody was trying to tell me that going over 25 miles over the speed limit,
[01:54:12.480 --> 01:54:21.360]  that was indefensible. The laser radar detector company was throwing that around too. Well,
[01:54:21.360 --> 01:54:28.240]  that's absolutely bogus. Reasonable and prudent is the standard, not 25 over. Okay. But you've never
[01:54:28.240 --> 01:54:33.600]  heard the term indefensible being talked about? Oh, sure. You hear attorneys tell their clients
[01:54:33.600 --> 01:54:39.040]  that all the time. Your argument's indefensible. We can't beat this case. Just take the deal.
[01:54:39.040 --> 01:54:44.320]  They're doing it all the time. Yeah, I never heard it in regards to speed until I talked to a
[01:54:44.320 --> 01:54:50.480]  friend of mine and they were saying that, yeah, that was the standard. And I was saying, no, it
[01:54:50.480 --> 01:54:57.440]  was not. Well, that may be what some places are trying to implement as a standard, but that does
[01:54:57.440 --> 01:55:04.560]  not comply with law. And any place that tries to set that arbitrarily as a standard needs to have
[01:55:04.560 --> 01:55:12.480]  their behind sued completely off. Because it's not in the code. No, it's not. The specific things,
[01:55:12.480 --> 01:55:19.040]  for instance, in the criminal complaint and the proper charging instrument, which they never have,
[01:55:20.880 --> 01:55:29.760]  the allegation is, travel this speed in a place marked for this speed and that the speed they
[01:55:29.760 --> 01:55:36.400]  were traveling was not a reasonable nor prudent under the circumstances then existing. If this
[01:55:36.400 --> 01:55:44.400]  25 mile per hour thing were the standard and was indefensible, then the statute would read,
[01:55:45.200 --> 01:55:51.760]  and was in excess of 25 miles per hour of the speed limit posted.
[01:55:51.760 --> 01:56:01.360]  That's not an element. It's not a requisite. Besides that, if I had an injured individual
[01:56:01.360 --> 01:56:07.360]  in my car, taking them to a hospital because they were having a baby bleeding to death,
[01:56:07.360 --> 01:56:13.360]  take your pick, it wouldn't matter if I'm going 200 miles an hour over the speed limit.
[01:56:14.320 --> 01:56:19.760]  My actions are 100% defensible as a medical emergency.
[01:56:19.760 --> 01:56:27.760]  Right. Do you know, can you search the code by terms or see if you can?
[01:56:27.760 --> 01:56:33.360]  When you go to the Texas Code website at the very top, there's a bar that says search on it.
[01:56:33.360 --> 01:56:40.000]  Click on that. It'll let you select all the codes or a particular code and you just type
[01:56:40.000 --> 01:56:47.200]  in the word or phrase you want. If you want a specific phrase, put it inside of double quotes.
[01:56:47.200 --> 01:56:52.640]  Okay. Okay. If you want just a string of words that are close to each other,
[01:56:53.200 --> 01:56:59.280]  put in the words individually. Okay. But I highly recommend you only use one word at a time,
[01:56:59.840 --> 01:57:05.280]  or you use phrases that are in double quotes that match something very specific to what you're
[01:57:05.280 --> 01:57:09.600]  looking for. Okay. That's what I wasn't doing. I wasn't putting it in double quotes. If it's
[01:57:09.600 --> 01:57:16.080]  more than one word, use double quotes on either side of the entire string. Okay. All right. Well,
[01:57:16.080 --> 01:57:22.160]  thank you. You're very welcome. Bye-bye. Bye-bye. All right, folks. We've got a minute and a
[01:57:22.160 --> 01:57:27.680]  half left in the show. Melissa was our last caller. I'm going to take this opportunity to tell you,
[01:57:27.680 --> 01:57:32.800]  if you're out there and listening, if you have not come to the traffic seminar class,
[01:57:33.840 --> 01:57:42.480]  that's a misnomer. It is not strictly about traffic. It is about due process and court procedure.
[01:57:42.480 --> 01:57:51.520]  We simply use traffic law to make the points of going to court because it is the one area that
[01:57:51.520 --> 01:58:00.320]  most people will wind up going to court to contend with. Therefore, we base the arguments on the
[01:58:00.320 --> 01:58:08.560]  things that most people are going to have to deal with. Okay. But again, if you haven't been,
[01:58:08.560 --> 01:58:14.160]  I request that you come. There's no charge for the first class attendant if you want to come in
[01:58:14.160 --> 01:58:19.120]  and see what we're doing and how we're doing it and what you can learn. After that, it's not
[01:58:19.120 --> 01:58:26.240]  but 20 bucks a class. Okay. And you will learn more than your $20 worth if you stay awake. I promise
[01:58:26.240 --> 01:58:32.800]  you. And with me talking, staying awake is not an option. It's mandatory because you'll never
[01:58:32.800 --> 01:58:38.400]  sleep with my voice in the room. Thank you so much for listening. God bless you all. This is
[01:58:38.400 --> 01:58:43.680]  been the Monday Night Traffic Show on Rule the Law Radio. Good night and God bless.
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