[00:00.000 --> 00:04.680]  This news brief brought to you by the International Newsnet.
[00:04.680 --> 00:10.680]  An estimated 300 Pakistanis have died in three months of torrential monsoon rains, which
[00:10.680 --> 00:16.680]  have destroyed 400,000 homes, breached sewage and freshwater canals, and left 2 million
[00:16.680 --> 00:21.040]  people suffering from malaria, hepatitis, and other diseases.
[00:21.040 --> 00:26.680]  More than 21 million people fled their homes in the 2010 floods, leaving one-fifth of Pakistan
[00:26.680 --> 00:30.400]  under water and killing an estimated 1,000 people.
[00:30.400 --> 00:37.200]  Aid groups say a slow international relief effort is compounding the suffering.
[00:37.200 --> 00:41.840]  A new study in the journal Pediatrics says the number of abused kids landing in the hospital
[00:41.840 --> 00:46.640]  with severe brain injuries has spiked since the US economy began to tank.
[00:46.640 --> 00:51.480]  Elizabeth Gershaw, a psychologist who studies parenting at the University of Texas, said
[00:51.480 --> 00:56.040]  living in poverty for parents can be very stressful, and that in turn leads to harsher
[00:56.040 --> 00:59.000]  parenting.
[00:59.000 --> 01:03.640]  Millionaire investor George Soros has warned Europe's debt crisis could trigger another
[01:03.640 --> 01:09.600]  great depression unless Eurozone leaders adopt a series of radical policy measures, including
[01:09.600 --> 01:11.840]  the creation of a common treasury.
[01:11.840 --> 01:17.000]  Soros says policymakers must prepare for the possibility Greece, Portugal, and perhaps
[01:17.000 --> 01:21.880]  Ireland will have to default and leave the Eurozone.
[01:21.880 --> 01:27.560]  Libyan forces loyal to Moama Gaddafi said Monday they had captured 17, quote, mercenaries,
[01:27.560 --> 01:30.160]  including some of British and French nationality.
[01:30.160 --> 01:34.200]  The assertion by Gaddafi spokesman Musa Ibrahim could not be verified.
[01:34.200 --> 01:39.280]  Ibrahim said the mercenaries captured in Bani Walid were technical experts, adding most
[01:39.280 --> 01:44.240]  were French, one was from an unidentified Asian country, two were English, and one was
[01:44.240 --> 01:45.240]  Qatari.
[01:45.240 --> 01:49.720]  The claim came as the new authorities in Libya faced reversals on the battlefield and in the
[01:49.720 --> 01:50.720]  political arena.
[01:50.720 --> 01:55.520]  Nearly a month after Gaddafi was driven from power, his loyalist holdouts have beaten back
[01:55.520 --> 02:01.040]  repeated assaults by national transitional council forces at the town of Bani Walid and
[02:01.040 --> 02:03.520]  at Gaddafi's home city of Surt.
[02:03.520 --> 02:08.480]  NTC fighters were sent fleeing and disarray this weekend after failing to storm Gaddafi
[02:08.480 --> 02:09.480]  bastions.
[02:09.480 --> 02:15.400]  Despite reports to the contrary, Western powers have repeatedly denied having troops in Libya.
[02:15.400 --> 02:23.680]  Musa Ibrahim, spokesman for deposed leader Ma'mar Gaddafi, accused NATO of killing 354
[02:23.680 --> 02:27.240]  people and overnight airstrikes on the city of Surt.
[02:27.240 --> 02:32.920]  Ibrahim told Reuters NATO airstrikes on Surt, Gaddafi's birthplace, had hit a residential
[02:32.920 --> 02:34.840]  building and a hotel.
[02:34.840 --> 02:40.520]  Ibrahim said more than 700 people were wounded in airstrikes in Surt, Friday, and 89 were
[02:40.520 --> 02:41.520]  missing.
[02:41.520 --> 02:47.080]  Ibrahim said over the, quote, last 17 days more than 2,000 residents of Surt were killed
[02:47.080 --> 02:48.840]  in NATO airstrikes.
[02:48.840 --> 02:54.240]  The death toll could not be verified as communications with the coastal city have been scant since
[02:54.240 --> 03:22.920]  Tripoli fell last month.
[03:24.240 --> 03:54.040]  Ibrahim's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt.
[03:54.040 --> 04:23.840]  Ibrahim's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt.
[04:23.840 --> 04:53.640]  Ibrahim's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[04:53.640 --> 05:23.440]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[05:23.440 --> 05:53.240]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[05:53.240 --> 06:23.040]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[06:23.040 --> 06:52.840]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[06:52.840 --> 07:22.640]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[07:22.640 --> 07:52.440]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[07:52.440 --> 08:22.240]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[08:22.240 --> 08:51.240]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[08:51.240 --> 09:16.240]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[09:16.240 --> 09:45.240]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt,
[09:45.240 --> 10:14.240]  Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city
[10:14.240 --> 10:43.240]  of Surt, Gaddafi's home city of Surt, Gaddafi's home city of Surt, Gaddafi's home city of
[10:43.240 --> 11:07.240]  Surt, Gaddafi's home city of Surt.
[11:07.240 --> 11:13.240]  Whenever you're researching law, you always want to go as far back as possible.
[11:13.240 --> 11:17.240]  And I'll get to the reason why that's necessary later.
[11:17.240 --> 11:28.240]  But right now, the judge in this case, after he gave his conclusion, goes on to give numerous examples in his decision regarding what transportation is.
[11:28.240 --> 11:34.240]  And all of them are involving the movement of persons or goods for hire.
[11:34.240 --> 11:43.240]  Okay? Now, let's take that term carrier and see what it's defined as when it comes to law.
[11:43.240 --> 11:46.240]  First, let's look at carry.
[11:46.240 --> 11:52.240]  To bear, bear about, sustain, transport, remove, or convey.
[11:52.240 --> 12:02.240]  To have or bear upon or about one's person as a watch or weapon, locomotion not being essential, as applied to insurance means possess or hold.
[12:02.240 --> 12:08.240]  Okay? Convey, since that was in carry, let's see what convey means.
[12:08.240 --> 12:11.240]  To transfer or deliver to another.
[12:11.240 --> 12:16.240]  To pass or transmit the title to property from one to another.
[12:16.240 --> 12:21.240]  To transfer property or the title to property by deed, bill of sale, or instrument under seal.
[12:21.240 --> 12:27.240]  Use properly in sense of assign, sale, or transfer, see conveyance.
[12:27.240 --> 12:30.240]  Common Carrier, Black's Law 6 edition.
[12:30.240 --> 12:41.240]  A common carrier is any carrier required by law to convey freight without refusal if the approved fare or charge is paid.
[12:41.240 --> 12:53.240]  Did it? Someone that is being paid via a fare or other charge to transport someone's property or their person from one place to another.
[12:53.240 --> 12:59.240]  What's the difference between a common carrier as we just read the definition and a contract carrier?
[12:59.240 --> 13:14.240]  A contract carrier is a transportation company that carries for pay the goods of certain customers only as contrasted to a common carrier that carries the goods of the public in general.
[13:14.240 --> 13:28.240]  So a contract carrier is someone that only contracts to specific customers versus a common carrier that is available and accessible to transport the goods of everybody, including the general public.
[13:28.240 --> 13:39.240]  Let's see what a driver is. Since everybody insists that they're always driving their car, let's see what a driver actually is when it comes to law.
[13:39.240 --> 13:49.240]  Bouvieres 1856. Now Bouvieres 1856 is the law dictionary used exclusively by the United States Supreme Court.
[13:49.240 --> 13:54.240]  The reason for that is because the Bouvieres definitions don't change over time.
[13:54.240 --> 14:06.240]  Black's law changes constantly. Every time a lawyer wants to argue a different point of view on a term or phrase, black's law gets updated to reflect it if the court decides that's okay.
[14:06.240 --> 14:12.240]  So black's law is an ever-shifting bed of sand when it comes to legal definitions.
[14:12.240 --> 14:17.240]  So the Supreme Court stands firm on Bouvieres definitions.
[14:17.240 --> 14:28.240]  Now Bouvieres says that a driver, one employed in conducting a coach, carriage, wagon, or other vehicle with horses, mules, or other animals.
[14:28.240 --> 14:35.240]  Now in 1856 they didn't have automobiles. So this is how they defined a driver, okay?
[14:35.240 --> 14:44.240]  One who was employed in order to conduct these modern conveyances that were in use at the time.
[14:44.240 --> 15:05.240]  That doesn't change over time. A driver today is still one that is engaged in an occupation requiring them to conduct or operate one of the modern conveyances of the day for the benefit of someone else for hire or for pay.
[15:05.240 --> 15:26.240]  Now, let's look at the definition in black's third, okay, for driver. One employed in conducting or operating a coach, carriage, wagon, or other vehicle with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street or railroad car.
[15:26.240 --> 15:38.240]  So again, it's still one employed. Even when the motor car was available, they were still one that was employed for the purpose of conducting that conveyance.
[15:38.240 --> 16:00.240]  Black's law fourth. Again, driver, one employed in conducting or operating a coach, carriage, wagon, or other vehicle with horses, mules, or other animals, or a bicycle, tricycle, or motor car, though not a street or railroad car, a person actually doing driving, whether employed by owner to drive or driving his own vehicle.
[16:00.240 --> 16:08.240]  Now you see for the first time a different application of the definition in the legal dictionary.
[16:08.240 --> 16:23.240]  Black's law six. Driver is a person actually doing driving, but it doesn't define driving, whether employed by owner to drive or driving his own vehicle.
[16:23.240 --> 16:39.240]  Well, the difference here is, is what is a vehicle? When you look in the codes of the individual states, you will see that vehicle usually defines something that's being used for the transport or transportation of goods or passengers on the highway.
[16:39.240 --> 16:46.240]  We've already covered the definition of transportation and transport. We'll continue this terminology on the other side of the break.
[16:46.240 --> 16:55.240]  This is rule of law radio, Monday night, traffic night. This is Eddie Craig, Deborah Stevens, Randy Kelton, 512-646-1984 is the call in number.
[16:55.240 --> 16:59.240]  We'll start taking your calls after the next segment, so hang in there.
[16:59.240 --> 17:09.240]  Capital Corn and Bullion is a family owned and operated business that has helped many families and friends in protecting their assets, and we would like to do the same for you.
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[17:39.240 --> 17:49.240]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canig, next to the Ichiban Sushi and the Genie Car Wash.
[17:49.240 --> 18:00.240]  We're open Monday through Friday 10-6, Saturdays 10-5. Visit us at CapitalCornandBullion.com or call 512-646-640.
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[19:00.240 --> 19:19.240]  Hi folks, we are back. This is ruleoflawradio. All that number is 512-646-1984.
[19:19.240 --> 19:25.240]  Steve, I see you there on the line. If you'll please hang on. I'm going to finish up with some of this and then we'll start taking your call.
[19:25.240 --> 19:34.240]  Please hold on. Okay, now the other thing we need to understand as far as terms is something as simple as passenger.
[19:34.240 --> 19:46.240]  Most people refer to anybody in their car with them as a passenger. The difference is common usage of a term versus legal definition and usage of a term.
[19:46.240 --> 20:04.240]  The rule of thumb in statutory construction is this. When a term or phrase is defined in statute, it is absolutely guaranteed that it is being used in a manner other than the common usage.
[20:04.240 --> 20:21.240]  Otherwise, there would be absolutely no reason to define it at all. The other thing to be aware of is that the definition is one as a matter of law, a legal definition for a term or phrase.
[20:21.240 --> 20:42.240]  This is why when you are looking up a term or phrase in relation to statute, you don't go to Webster's. You go to a legal dictionary first. If the term is not defined within the statute itself, then you fall back to the legal dictionary.
[20:42.240 --> 21:00.240]  If the legal dictionary doesn't have a definition for it, then you can look at a standard dictionary. But you also want to be looking to see if there are any court decisions that create a definition that have not been incorporated into the legal dictionaries as of yet.
[21:00.240 --> 21:13.240]  Because most of the problems when it comes to an issue of law is that there is not a specific definition for a term or phrase as it is being used.
[21:13.240 --> 21:33.240]  And therefore, it is either mistakenly used in an area where it was never meant to apply, it's overbroad, or the waters haven't been tested to cause the definition to have been more narrowly defined to what the law itself was intended to encompass.
[21:33.240 --> 21:45.240]  The problem in what they're doing is that they've taken transportation and now say it encompasses everything that involves a car and the use of the highway. That's not true.
[21:45.240 --> 21:56.240]  It absolutely isn't true. There is tons of case law in the books from the very beginning of the age of motor cars to current.
[21:56.240 --> 22:08.240]  It says very clearly several things. One, the roads belong to the people. Two, the state is nothing more than the caretaker of the people's roads.
[22:08.240 --> 22:28.240]  Three, the people have an absolute right to the use of their property. In this case, the roads. They're ours. We can use them. Doesn't matter whether we use them with a bicycle, a horse and cart, a horseback ride, or a car.
[22:28.240 --> 22:40.240]  They're our roads and we have rightful use. We have the right to the use of our property. A car is our property.
[22:40.240 --> 22:54.240]  If it is not being used on the highways for a commercial purpose, then it is private property through and through and has nothing to do with transportation.
[22:54.240 --> 23:10.240]  Transportation is a commercial activity. We've seen that in the very definitions. It only applies to something that involves for hire or compensation, which isn't us.
[23:10.240 --> 23:29.240]  Now, let's take that in mind and look at passenger. Black's Law Third again. Again, we're going back historically to see how Black's Law will alter a definition to suit modern requirements versus bouviets, which doesn't do that.
[23:29.240 --> 23:48.240]  A person who may common carrier, again, what's a carrier or a common carrier, someone who is in the business of taking people from one place to another for compensation or hire or property for compensation or hire.
[23:48.240 --> 24:11.240]  A person who may common carrier has contracted to carry from one place to another, again, contracted to carry, and has, in the course of the performance of that contract, received under his care either upon the means of conveyance or at the point of the departure of that means of conveyance.
[24:11.240 --> 24:21.240]  Black's Law Sixth in general, a person who gives compensation to another for transportation.
[24:21.240 --> 24:31.240]  The word passenger has, however, various meanings depending upon the circumstances under which and in the context in which the word is used.
[24:31.240 --> 24:36.240]  Now, pay close attention to this next piece.
[24:36.240 --> 24:51.240]  Sometimes it is construed in a restricted legal sense as referring to one who is being carried by another for hire.
[24:51.240 --> 24:59.240]  The restricted legal sense is someone being paid to be transported.
[24:59.240 --> 25:03.240]  That's the legal sense.
[25:03.240 --> 25:12.240]  On other occasions, the word is interpreted as meaning any occupant of a vehicle other than the person operating it.
[25:12.240 --> 25:21.240]  So again, the legal restricted sense is if they're paying to be transported.
[25:21.240 --> 25:27.240]  And again, we're talking about law, the restricted legal sense.
[25:27.240 --> 25:33.240]  Goes a little further down and continues on with the definition in Black's Law Six.
[25:33.240 --> 25:52.240]  The essential elements of passenger as opposed to guest under guest statute are that the driver must receive some benefits sufficiently real, tangible, and substantial to serve as the inducing cause of the transportation.
[25:52.240 --> 26:07.240]  So as to completely overshadow mere hospitality or friendship, it may be easier to find compensation where the trip has commercial or business flavor.
[26:07.240 --> 26:16.240]  A person who may common carrier has contracted to carry from one place to another.
[26:16.240 --> 26:32.240]  And it goes on and on. The original definition of traffic, Bouvier's 1856, commerce, trade, sale, or exchange of merchandise bills, money, and the like.
[26:32.240 --> 26:47.240]  The passing of goods or commodities from one person to another for an equivalent in goods or money.
[26:47.240 --> 26:55.240]  Now notice, Black's Law Third gives us a new term to look at.
[26:55.240 --> 27:03.240]  Traffic includes the ordinary uses of the streets and highways versus the extraordinary use for commerce.
[27:03.240 --> 27:18.240]  Here is talking about the ordinary uses of the streets and highways by travelers, not carriers, not passengers, not drivers, but travelers.
[27:18.240 --> 27:22.240]  Let's see what a traveler is.
[27:22.240 --> 27:30.240]  Black's Law Third, one who passes from one place to another, whether for pleasure, instruction, business, or health.
[27:30.240 --> 27:36.240]  The term is used to designate those who patronize ends, the distance which they may travel is not material.
[27:36.240 --> 27:43.240]  Black's Law Six, one who passes from place to place, whether for pleasure, instruction, business, or health.
[27:43.240 --> 27:55.240]  Now, when it says business here, it's not talking about commerce like Greyhound or roadway trucking, it's talking about your private business.
[27:55.240 --> 28:02.240]  You have the right to travel from where you are to where you need to be on your own private business.
[28:02.240 --> 28:13.240]  It's nobody else's. You have the right to use the road, you have the right to use your car, it's your property.
[28:13.240 --> 28:21.240]  No one gave the state the power to prevent the use of private property to the people.
[28:21.240 --> 28:32.240]  The Supreme Court ruled long ago that the automobile has no more rights and is no different in its use on the roads than the horse and carriage.
[28:32.240 --> 28:42.240]  They are identical and it is to be considered nothing more than a new means of conveyance available to the public.
[28:42.240 --> 28:49.240]  If you can't license me to ride a horse on the road, you can't license me to travel in a car on the road.
[28:49.240 --> 28:58.240]  Just because it has an engine in it, the court said that doesn't make any difference.
[28:58.240 --> 29:15.240]  It is just another modern means of conveyance and the right to travel is not limited only to the modes that were available at the time the term was defined.
[29:15.240 --> 29:23.240]  The court said it would include any known or unknown future invention of any type of conveyance.
[29:23.240 --> 29:35.240]  If it is publicly accessible and generally available, then it is a modern conveyance and anyone is entitled to buy it and use it for that purpose.
[29:35.240 --> 29:40.240]  And nothing the state does can prevent that.
[29:40.240 --> 29:48.240]  Alright folks, this is Rural Law Radio 512-646-1984. We get back after the break. I'll start taking your calls.
[29:48.240 --> 29:54.240]  We have Steve in Texas on the line. After that it will be open, so please give us a call and get the line.
[29:54.240 --> 29:59.240]  Don't wait until the end of the show. This is Rural Law Radio. We'll be right back.
[29:59.240 --> 30:05.240]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.240 --> 30:12.240]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[30:12.240 --> 30:17.240]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow force respond to supply.
[30:17.240 --> 30:21.240]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer.
[30:21.240 --> 30:26.240]  I'm an Air Force pilot. I'm a father who lost his son. We are Americans and we deserve the truth.
[30:26.240 --> 30:36.240]  Go to RememberBuilding7.org today.
[30:56.240 --> 31:03.240]  We'll start to vanish too. So protect your rights. Say no to surveillance and keep your information to yourself.
[31:03.240 --> 31:09.240]  Privacy. It's worth hanging on to. This public service announcement is brought to you by StartPage.com.
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[31:17.240 --> 31:23.240]  Long before our ancestors tamed wild dogs and made them part of the family, they may have kept pet foxes.
[31:23.240 --> 31:31.240]  Although foxes are timid and skittish by nature, evidence suggests they can be tamed with a lot of love and patience, though it's not an easy task.
[31:31.240 --> 31:39.240]  Archeologists working at a 16,000-year-old grave site in northern Jordan recently found a fox carefully buried with his human owner.
[31:39.240 --> 31:46.240]  They believed the ancient pet lover had tamed the fox and made it a friend, and that he did it long before dogs came on the scene.
[31:46.240 --> 31:52.240]  In fact, the fox grave was 4,000 years older than any known grave containing a dog.
[31:52.240 --> 31:57.240]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:22.240 --> 32:29.240]  The call-in number is 512-646-1984. Right now, we're going to go to Steve in Texas.
[32:29.240 --> 32:31.240]  Ethan, Steve, what can we do for you?
[32:31.240 --> 32:34.240]  Hi, Eddie. Can you hear me?
[32:34.240 --> 32:36.240]  Yes, sir.
[32:36.240 --> 32:46.240]  I have a question about our grievances, and I would like to know where I can find that portion in the Texas statute.
[32:46.240 --> 32:50.240]  As far as filing them?
[32:50.240 --> 32:56.240]  Well, where I can find the law that describes it, and then how we get to the next question.
[32:56.240 --> 33:04.240]  Well, that's an interesting thing, considering there's not an actual law for it, and I'll explain why that is.
[33:04.240 --> 33:12.240]  The bar grievance is a process put in place by the state bar association, not the legislature.
[33:12.240 --> 33:25.240]  It was intended, had it been done the way that the bar association was created, be a law to give the people a means to control
[33:25.240 --> 33:34.240]  aberrant attorneys and lawyers that were basically stealing from their clients, not doing what they were being paid for,
[33:34.240 --> 33:42.240]  general misbehavior, not doing anything required of someone that's been given the public trust.
[33:42.240 --> 33:45.240]  That's what a bar grievance was intended to do.
[33:45.240 --> 33:55.240]  But since the bar association is now used as a shield for the attorneys against the public,
[33:55.240 --> 34:02.240]  the bar grievance has been reduced to a form that you file to provide notice that you know they did something wrong.
[34:02.240 --> 34:07.240]  But the bar association is going to basically just file 13 it and ignore it,
[34:07.240 --> 34:14.240]  because they'll never find that an attorney's done something wrong unless he did it wrong to another attorney or judge,
[34:14.240 --> 34:17.240]  no matter how heinous it is.
[34:17.240 --> 34:22.240]  Now, you may think that means, well, then what's the point?
[34:22.240 --> 34:31.240]  The point is, is that regardless of what the bar association does to the attorney, his insurance company is watching.
[34:31.240 --> 34:36.240]  If that bar grievance gets filed, its contents are secret.
[34:36.240 --> 34:45.240]  But the insurance company, since they can't read it, must assume that it is a valid claim against the attorney,
[34:45.240 --> 34:49.240]  regardless of what the bar association does with it.
[34:49.240 --> 34:59.240]  And if he gets a certain number of those within a certain period of time, that will affect his ability to get insurance.
[34:59.240 --> 35:09.240]  If he cannot get insurance because he was bar grieved three times in a year and the insurance company dropped him in flagging as high risk,
[35:09.240 --> 35:14.240]  then his ability to practice law becomes extremely risky.
[35:14.240 --> 35:22.240]  Because in this day and age, with all the crooked attorneys out there that are setting every one of themselves up for lawsuits,
[35:22.240 --> 35:29.240]  it would be an absolutely idiotic thing to do to go and practice law without insurance.
[35:29.240 --> 35:40.240]  Because you can sue an attorney for anything, anything, and make his life live in hell.
[35:40.240 --> 35:45.240]  So as far as an actual law regarding it, there isn't one.
[35:45.240 --> 35:52.240]  But if you want to know what was supposed to be happening, read the State Bar Act.
[35:52.240 --> 35:55.240]  That's in the government code.
[35:55.240 --> 35:57.240]  Yeah, and I just wanted to add something to that.
[35:57.240 --> 36:03.240]  Eddie, when you're talking about that you can sue attorney for just about anything, that is true.
[36:03.240 --> 36:10.240]  One time Randy and I did a show on causes of action for malpractice against attorneys,
[36:10.240 --> 36:14.240]  and there's like literally tens of thousands of causes of action.
[36:14.240 --> 36:19.240]  I mean we made it like a quarter or a third of the way through O'Connor's causes of action book
[36:19.240 --> 36:24.240]  on just what all you could sue an attorney for regarding suing for malpractice.
[36:24.240 --> 36:34.240]  There are so many, almost anything you could possibly think of is an established cause of action with case law.
[36:34.240 --> 36:39.240]  And so I'll tell you what, anybody who's thinking about being an attorney,
[36:39.240 --> 36:45.240]  if you read just even Texas O'Connor's causes of action for malpractice suits for attorneys,
[36:45.240 --> 36:48.240]  I don't think anybody would ever become an attorney if they read that book,
[36:48.240 --> 36:54.240]  because you're liable to be sued for just about anything anyone could think of.
[36:54.240 --> 37:00.240]  And the title of the book is Texas O'Connor Causes of Action for Malpractice Against O'Connor.
[37:00.240 --> 37:01.240]  Yes.
[37:01.240 --> 37:03.240]  Okay, I'll look it up on that.
[37:03.240 --> 37:07.240]  If you want to know what they're supposed to do, what the State Bar is supposed to do,
[37:07.240 --> 37:16.240]  and how it's supposed to be, it was originally created under the disguise of actually being a resource
[37:16.240 --> 37:23.240]  that the public could use to go after bad attorneys, read chapter 81 of the government code.
[37:23.240 --> 37:25.240]  That's the State Bar Act.
[37:25.240 --> 37:31.240]  But you'll see very quickly between chapter 81, 82, and 83 of the government code
[37:31.240 --> 37:37.240]  that that original intent has been thrown completely out the window.
[37:37.240 --> 37:45.240]  The entire purpose of the bar and all the judges is to protect the attorney's license at all costs,
[37:45.240 --> 37:47.240]  no matter what he does.
[37:47.240 --> 37:54.240]  He can take drugs, he can be a drunkard, he can throw his case, he can bribe his opponent.
[37:54.240 --> 37:56.240]  It doesn't matter.
[37:56.240 --> 38:01.240]  You read through that code, he can get away with dang near anything
[38:01.240 --> 38:05.240]  and the State will refuse to revoke his license to practice law.
[38:05.240 --> 38:13.240]  But you let him P01 judge at him and they'll lose that license at a heartbeat.
[38:13.240 --> 38:17.240]  But if you think you and I are going to make him lose his license,
[38:17.240 --> 38:21.240]  we're going to have to get a lot more on him than just the fact that he's stealing money
[38:21.240 --> 38:25.240]  or doing drugs or drinking on the job or something like that.
[38:25.240 --> 38:31.240]  Because they actually protect them for those reasons in these statutes.
[38:31.240 --> 38:37.240]  This is what I mean, folks, when I tell you, if you think an attorney is on your side, think again.
[38:37.240 --> 38:45.240]  He has absolutely nothing to lose by selling you down the river and hanging you out to drive
[38:45.240 --> 38:48.240]  other than the risk of you suing him.
[38:48.240 --> 38:53.240]  And by the time you figure out what he's done, he's already stolen all your money
[38:53.240 --> 38:56.240]  and you don't have anything left to sue him with.
[38:56.240 --> 39:02.240]  Because the very first thing he does after you sign on with him is run a credit report on you
[39:02.240 --> 39:09.240]  and figure out just how much money you have and where it is.
[39:09.240 --> 39:13.240]  And if he finds out that he can get his hands on the vast amount of it
[39:13.240 --> 39:18.240]  and do it in such a way that you'll never be able to have enough to come after him later,
[39:18.240 --> 39:24.240]  he has no risk involved in selling you out, none.
[39:24.240 --> 39:34.240]  I honestly believe the Garden of Eden, it was a lawyer that was talking to Eve.
[39:34.240 --> 39:36.240]  I'm sorry, Steve, you were saying something?
[39:36.240 --> 39:43.240]  No, I was making an assumption, let's say that my lawyer that I paid,
[39:43.240 --> 39:52.240]  that I contracted, let's say, destroyed or said he filed a very important piece of evidence
[39:52.240 --> 39:53.240]  that he had the reason...
[39:53.240 --> 39:55.240]  Or you are against you?
[39:55.240 --> 40:00.240]  Well, it was a piece of evidence for me and he said that he filed
[40:00.240 --> 40:07.240]  and when I go and see what it's called, the dockets, I cannot see that document filed.
[40:07.240 --> 40:10.240]  And he also says that he doesn't have the copy anymore
[40:10.240 --> 40:15.240]  and that's a very important piece of evidence for my case, it's a video.
[40:15.240 --> 40:20.240]  Okay, where was the copy obtained from?
[40:20.240 --> 40:26.240]  From the private business that recorded the assault.
[40:26.240 --> 40:31.240]  Okay, then I would go back and get my own copy from them myself
[40:31.240 --> 40:36.240]  and if your attorney has lost evidence and can't find it,
[40:36.240 --> 40:42.240]  you are grieving immediately twice, once for losing the copy you gave him,
[40:42.240 --> 40:53.240]  once for lying to you about filing it with the court.
[40:53.240 --> 41:01.240]  Okay, that's interesting and then can I sue him as well for losing the copy?
[41:01.240 --> 41:05.240]  Absolutely, if you can prove that the loss of that evidence damages your case
[41:05.240 --> 41:09.240]  anyway, absolutely you can sue him.
[41:09.240 --> 41:11.240]  Okay.
[41:11.240 --> 41:16.240]  He has an obligation to protect the information you provide to him
[41:16.240 --> 41:24.240]  in regards to your case, you know, law your client privilege and confidentiality.
[41:24.240 --> 41:27.240]  He can't just up and destroy the information you give him,
[41:27.240 --> 41:33.240]  especially if it's evidentiary and in your favor no less.
[41:33.240 --> 41:40.240]  If he destroys or loses it, that means he's incompetent.
[41:40.240 --> 41:42.240]  And I can bargain?
[41:42.240 --> 41:43.240]  Absolutely.
[41:43.240 --> 41:48.240]  Fantastic and then if you have several barred grievances and then you sue him,
[41:48.240 --> 41:55.240]  then let's say he's going to share a piece of the pain that I shared before.
[41:55.240 --> 42:00.240]  Yeah, and you may actually get more out of the attorney than you would have on the other thing.
[42:00.240 --> 42:09.240]  Okay, Eddie, if there's not many callers, would you please repeat how you get back the property of your car?
[42:09.240 --> 42:13.240]  How do I, what do I have to send to the state?
[42:13.240 --> 42:20.240]  Okay, if you currently have the certificate of title and there is no lien on the automobile any longer,
[42:20.240 --> 42:23.240]  it's all paid for, haha.
[42:23.240 --> 42:29.240]  Okay, yeah, if you did that, if you paid cash for it
[42:29.240 --> 42:31.240]  and you did you buy it new or used?
[42:31.240 --> 42:32.240]  Used.
[42:32.240 --> 42:38.240]  Okay, what you need to do is take the certificate of title for the car.
[42:38.240 --> 42:45.240]  Okay, make sure you go down and get a certified copy of it made at the county clerk.
[42:45.240 --> 42:53.240]  So that if something happens to what you're sending to the Secretary of State, you have a fallback, okay?
[42:53.240 --> 42:59.240]  Now once you get that copy made, take that original certificate of title you're holding,
[42:59.240 --> 43:05.240]  you send it to the Secretary of State for whatever state the car is registered in under that title.
[43:05.240 --> 43:11.240]  You send it to them certified mail, return receipt requested with a notarized affidavit
[43:11.240 --> 43:20.240]  that you are removing the automobile beyond the territorial boundaries of this state.
[43:20.240 --> 43:23.240]  I don't mean territorial boundaries of Texas.
[43:23.240 --> 43:29.240]  You use specifically the term this or this phrase, this state.
[43:29.240 --> 43:30.240]  Got it?
[43:30.240 --> 43:33.240]  Yep.
[43:33.240 --> 43:39.240]  Then what they should do is they will check it, verify there are no outstanding liens.
[43:39.240 --> 43:45.240]  They will either issue a different form of title signed off by the Secretary of State
[43:45.240 --> 43:48.240]  or they will stamp and sign that one and return it to you.
[43:48.240 --> 43:50.240]  After that, you're good.
[43:50.240 --> 43:53.240]  But if you'll hang on, Steven, we'll finish this up on the other side.
[43:53.240 --> 43:56.240]  This is Grill of Law Radio 512-646-934.
[43:56.240 --> 44:00.240]  The call in number will be right back.
[44:00.240 --> 44:03.240]  Are you the plaintiff or defendant in a lawsuit?
[44:03.240 --> 44:07.240]  Win your case without an attorney with Jurisdictionary.
[44:07.240 --> 44:15.240]  The affordable, easy-to-understand four-CD course that will show you how in 24 hours, step-by-step.
[44:15.240 --> 44:18.240]  If you don't 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 --> 44:27.240]  Thousands have won with our step-by-step course, and now you can too.
[44:27.240 --> 44:33.240]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[44:33.240 --> 44:38.240]  Even if you're not in a lawsuit, you can learn what everyone should understand
[44:38.240 --> 44:42.240]  about the principles and practices that control our American courts.
[44:42.240 --> 44:48.240]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:48.240 --> 44:51.240]  prosay tactics, and much more.
[44:51.240 --> 44:55.240]  Please visit ruleoflawradio.com and click on the banner.
[44:55.240 --> 45:00.240]  Or call toll-free 866-LAW-EZ.
[45:00.240 --> 45:02.240]  The Oklahoma City Bombing.
[45:02.240 --> 45:05.240]  Top 10 reasons to question the official story.
[45:05.240 --> 45:09.240]  Reason number one, John Doe number two, and other accomplices.
[45:09.240 --> 45:13.240]  On the day of the bombing, nearly all of the witnesses that saw Tim McVeigh and the rider truck
[45:13.240 --> 45:16.240]  report that he was accompanied by other perpetrators.
[45:16.240 --> 45:20.240]  The FBI and federal prosecutors insist that Tim McVeigh alone
[45:20.240 --> 45:24.240]  delivered the rider truck bomb to the Murrah building and detonated it.
[45:24.240 --> 45:28.240]  The only witness the government produced to place McVeigh at the building that morning,
[45:28.240 --> 45:32.240]  Dana Bradley, who lost her children and one of her legs in the bombing,
[45:32.240 --> 45:38.240]  testified that she saw McVeigh with another man, the fateful John Doe number two, exiting the rider truck.
[45:38.240 --> 45:43.240]  While at least 15 other witnesses claim to have seen McVeigh with other perpetrators the day of the bombing,
[45:43.240 --> 45:50.240]  no less than 226 witnesses placed him with other men in the days before the bombing,
[45:50.240 --> 45:53.240]  including when he rented the rider truck, and in some cases,
[45:53.240 --> 45:56.240]  have positively identified the other perpetrators.
[45:56.240 --> 46:14.240]  For more information, please visit okcbombingtruth.com.
[46:14.240 --> 46:17.240]  Hi folks, we are back at the rule of law radio.
[46:17.240 --> 46:20.240]  The call in number is 512-646-1984.
[46:20.240 --> 46:23.240]  We have a little bit over an hour left in the show.
[46:23.240 --> 46:29.240]  So if you do have any questions, queries, poses or issues dealing with traffic or anything related to traffic
[46:29.240 --> 46:34.240]  or going to court for traffic, please feel free to give us a call.
[46:34.240 --> 46:37.240]  Okay, we're going to go ahead and finish up with Steve.
[46:37.240 --> 46:42.240]  Now, as to what the Secretary of State should do at that point, Steve,
[46:42.240 --> 46:47.240]  like I say, they're either going to sign and stamp the back of the title that you send in,
[46:47.240 --> 46:54.240]  or they're going to create a new title that basically shows the state no longer has
[46:54.240 --> 46:59.240]  any vested financial interest in the car.
[46:59.240 --> 47:01.240]  And the state can't tax it.
[47:01.240 --> 47:06.240]  They can't do anything with it because you're removing it beyond the authority of the state.
[47:06.240 --> 47:10.240]  See, if you actually read the certificate of title act,
[47:10.240 --> 47:17.240]  its only purpose is to prevent the sale of encumbered vehicles,
[47:17.240 --> 47:24.240]  the theft and sale of motor vehicles belonging to the state or anyone else,
[47:24.240 --> 47:26.240]  and that's it.
[47:26.240 --> 47:34.240]  It is not to give the state the power to continuously tax the property.
[47:34.240 --> 47:40.240]  It is only there where they act as a caretaker to the real title of the property
[47:40.240 --> 47:45.240]  while there's a lien against it, the encumbered part,
[47:45.240 --> 47:49.240]  or to prevent its sale if it's stolen.
[47:49.240 --> 47:52.240]  If it's not encumbered and it's not stolen,
[47:52.240 --> 47:58.240]  there's nothing the act is allowed to do to operate against that piece of property.
[47:58.240 --> 48:01.240]  You get it?
[48:01.240 --> 48:08.240]  And only that 501.004 specifically says the certificate of title act
[48:08.240 --> 48:16.240]  only applies to motor vehicles owned by the state or political subdivisions of the state.
[48:16.240 --> 48:20.240]  That's 501.004, the Texas Transportation Code.
[48:20.240 --> 48:24.240]  That's the application of the whole chapter.
[48:24.240 --> 48:31.240]  Now, you can't register a car with a tax assessor collector
[48:31.240 --> 48:35.240]  if it doesn't have a certificate of title.
[48:35.240 --> 48:41.240]  Since the certificate of title according to law applies only to motor vehicles
[48:41.240 --> 48:45.240]  owned by the state or political subdivisions of the state,
[48:45.240 --> 48:55.240]  that should be a slam dunk giveaway that they're the only ones that have to be registered.
[48:55.240 --> 49:00.240]  What you cannot register a car means that they have that they cannot have.
[49:00.240 --> 49:04.240]  Okay, you know how every year you go down to the tax assessor collector at the courthouse
[49:04.240 --> 49:07.240]  and you register your car and you get your new sticker?
[49:07.240 --> 49:09.240]  Yeah.
[49:09.240 --> 49:13.240]  Okay, you know the license plates that you have on the car?
[49:13.240 --> 49:15.240]  Mm-hmm.
[49:15.240 --> 49:22.240]  You can't get those two things unless the car's registered.
[49:22.240 --> 49:31.240]  But you can't register it at all unless there's a certificate of title obtained for it.
[49:31.240 --> 49:38.240]  And like I said, the entire chapter 501.00 which is the certificate of title act
[49:38.240 --> 49:45.240]  says that entire chapter applies only to motor vehicles owned by the state
[49:45.240 --> 49:53.240]  or political subdivisions of the state in 501.004.
[49:53.240 --> 49:58.240]  Doesn't apply to anything else.
[49:58.240 --> 50:03.240]  Okay, is there any consequence on the insurance or the tax?
[50:03.240 --> 50:04.240]  Well, absolutely.
[50:04.240 --> 50:11.240]  If you don't want to register it anymore, you absolutely have to.
[50:11.240 --> 50:16.240]  They own the plates, you don't, even though you paid for them.
[50:16.240 --> 50:19.240]  They'll tell you real quick the state owns the plates.
[50:19.240 --> 50:20.240]  I agree with them.
[50:20.240 --> 50:21.240]  Let them have them.
[50:21.240 --> 50:25.240]  You were just renting them anyway.
[50:25.240 --> 50:32.240]  Okay, but the difference here is if you're going to get out of acting in commerce
[50:32.240 --> 50:37.240]  then you need to be aware of the rules how to make that happen.
[50:37.240 --> 50:42.240]  You also need to be aware that they don't want you to get out of commerce.
[50:42.240 --> 50:45.240]  It's how they steal from us.
[50:45.240 --> 50:47.240]  It's how they tax property.
[50:47.240 --> 50:49.240]  They're not allowed to tax.
[50:49.240 --> 50:55.240]  It's how they get you on fines and fees that you otherwise could never be made to pay
[50:55.240 --> 51:05.240]  because all of them relate to the act of transportation which we are not engaging in.
[51:05.240 --> 51:07.240]  You follow?
[51:07.240 --> 51:12.240]  Yes, so as soon as you deliver the plates, they're going to arrest you for...
[51:12.240 --> 51:14.240]  No, no.
[51:14.240 --> 51:21.240]  As soon as they catch you on the road without the plates, they're going to try to arrest you.
[51:21.240 --> 51:25.240]  Yes.
[51:25.240 --> 51:35.240]  So again, if you make that choice, you need to know what you're doing and how to fight back.
[51:35.240 --> 51:37.240]  Absolutely.
[51:37.240 --> 51:43.240]  Okay, never pick a fight that you aren't prepared to fight to the end.
[51:43.240 --> 51:52.240]  And by trying to extricate yourself from their system of commerce, you're picking a fight.
[51:52.240 --> 52:01.240]  And since it is one of the major revenue sources off the books for every municipality, county, and the state itself
[52:01.240 --> 52:07.240]  because the state gets 50% of all these fines and fees.
[52:07.240 --> 52:12.240]  And the municipality or the county is allowed to keep a certain percentage of it.
[52:12.240 --> 52:25.240]  So that being said, the entire side of government has a vested financial interest in making us believe we have to be engaged in commerce
[52:25.240 --> 52:30.240]  because it's where they're getting extra revenue from they otherwise wouldn't have.
[52:30.240 --> 52:38.240]  They will not give that up easily.
[52:38.240 --> 52:47.240]  All right, but if you want to know what you're getting into and what the consequences are, come to the Sunday class and brave new books.
[52:47.240 --> 52:49.240]  We talk about the law.
[52:49.240 --> 52:51.240]  We go over it in detail.
[52:51.240 --> 52:55.240]  We talk about the actions you take in court, the paperwork to file.
[52:55.240 --> 52:56.240]  We use the law.
[52:56.240 --> 53:01.240]  We don't use this accepted for value all nascent cat.
[53:01.240 --> 53:03.240]  We don't do that.
[53:03.240 --> 53:11.240]  We beat them up with their own live book.
[53:11.240 --> 53:12.240]  Okay.
[53:12.240 --> 53:13.240]  Okay.
[53:13.240 --> 53:14.240]  Thank you.
[53:14.240 --> 53:16.240]  You're very welcome.
[53:16.240 --> 53:19.240]  All right, we're going to go to Ramon now Ramon.
[53:19.240 --> 53:21.240]  Where is it Raymond?
[53:21.240 --> 53:22.240]  It's your own room.
[53:22.240 --> 53:25.240]  Whatever whatever whatever whatever.
[53:25.240 --> 53:27.240]  All right, what can we do for you?
[53:27.240 --> 53:37.240]  I have an issue here in Austin, Texas where I've got these two tickets where there was a no inspection and registration ticket here in Austin.
[53:37.240 --> 53:45.240]  And I'd like to go to warrant because my vehicle was totaled and I guess I just kind of neglected it for a while.
[53:45.240 --> 53:52.240]  Right now it's not one status, but they were not letting me see a judge and they're basically telling me that I have to pay the bond.
[53:52.240 --> 54:01.240]  I know that there's a way that you can file a motion to be able to reset the court date, but I'm just not exactly sure how I would go ahead and do that.
[54:01.240 --> 54:05.240]  There's nothing in law that lets them do what they're doing.
[54:05.240 --> 54:10.240]  Absolutely nothing.
[54:10.240 --> 54:19.240]  They either have to issue a warrant and you can go in and contest the warrant or you can nullify it by surrendering yourself to it.
[54:19.240 --> 54:26.240]  In which case then they must hold a hearing to collect the bond if there's going to be one.
[54:26.240 --> 54:32.240]  But there's nothing in there that says you pay a bond before you're allowed to see the magistrate.
[54:32.240 --> 54:34.240]  Absolutely nothing.
[54:34.240 --> 54:36.240]  Yeah, because that's what they're telling me.
[54:36.240 --> 54:38.240]  They're telling me that I have to pay my bond.
[54:38.240 --> 54:39.240]  Who is they?
[54:39.240 --> 54:44.240]  The clerk, the people that are out the windows at the municipal court.
[54:44.240 --> 54:50.240]  Then ask them, can I see your bar card?
[54:50.240 --> 55:01.240]  By the way, when they say, well, I'm not a lawyer, then you tell them that I highly recommend you stop giving legal advice instead of day when I can go see the magistrate.
[55:01.240 --> 55:04.240]  They're not allowed to tell me that I can't see the judge.
[55:04.240 --> 55:06.240]  No, they absolutely are not.
[55:06.240 --> 55:09.240]  They're frickin' clerks.
[55:09.240 --> 55:17.240]  All right, all right, so I can go to the court and if they reject me again, I can go tomorrow because it's not warrant so they want to arrest me.
[55:17.240 --> 55:26.240]  But I can go tomorrow and then they tell me you can't see the judge need to pay with us to be like, okay, well, let me see your bar card.
[55:26.240 --> 55:29.240]  I'd like to please set a court date.
[55:29.240 --> 55:30.240]  Right?
[55:30.240 --> 55:32.240]  Yeah.
[55:32.240 --> 55:39.240]  And if you really want to get them in a twist, say, do me a favor, ask your supervisor to come over here.
[55:39.240 --> 55:49.240]  And when the supervisor gets there, which will probably be Rebecca Stark or somebody immediately under her, ask that first clerk to repeat what they're saying.
[55:49.240 --> 55:53.240]  Then ask them for their bar card in front of their supervisor.
[55:53.240 --> 55:55.240]  All right, okay.
[55:55.240 --> 56:04.240]  No, you need to carry with you a personal recording device and have it recording at all times when you're interacting with these people.
[56:04.240 --> 56:08.240]  Yes, don't ever, ever go down there without one.
[56:08.240 --> 56:09.240]  Okay.
[56:09.240 --> 56:10.240]  All right, and I have to tell them.
[56:10.240 --> 56:14.240]  And if possible, take a witness.
[56:14.240 --> 56:16.240]  Do I have to inform them that I'm recording or do I?
[56:16.240 --> 56:18.240]  No, you do not.
[56:18.240 --> 56:19.240]  No.
[56:19.240 --> 56:20.240]  Okay.
[56:20.240 --> 56:21.240]  No, no.
[56:21.240 --> 56:26.240]  This is a one-party state. All you have to do is know you're being recorded, and that's it.
[56:26.240 --> 56:27.240]  Okay.
[56:27.240 --> 56:28.240]  All right, cool.
[56:28.240 --> 56:29.240]  All right.
[56:29.240 --> 56:31.240]  All right, thank you very much.
[56:31.240 --> 56:37.240]  A good sentence, a strong word to the music part here.
[56:37.240 --> 56:45.240]  Yeah, well, Judge Statman down there, she's one of those I'm out to get rid of.
[56:45.240 --> 56:53.240]  This woman does not know anything about right and wrong or law itself, and you can tell that by the comments she makes.
[56:53.240 --> 57:05.240]  She's sitting down there claiming that the paperwork we're filing has no substance in law, yet they've dismissed over four dozen cases now, based on that same paperwork.
[57:05.240 --> 57:09.240]  I would call that a little more than meritless.
[57:09.240 --> 57:10.240]  That's crazy.
[57:10.240 --> 57:14.240]  Hey, Ramon, you've got a lot of background noise on your end.
[57:14.240 --> 57:16.240]  Are you still on a speaker phone?
[57:16.240 --> 57:17.240]  No, no more speaker.
[57:17.240 --> 57:19.240]  No, but I'm in a high area here.
[57:19.240 --> 57:20.240]  Okay.
[57:20.240 --> 57:22.240]  Thank you very much.
[57:22.240 --> 57:23.240]  Okay, thanks, Ramon.
[57:23.240 --> 57:24.240]  All right, thank you.
[57:24.240 --> 57:27.240]  Okay.
[57:27.240 --> 57:28.240]  All right.
[57:28.240 --> 57:30.240]  Now, let's see.
[57:30.240 --> 57:33.240]  We have Edward in New Mexico.
[57:33.240 --> 57:34.240]  Evening, Edward.
[57:34.240 --> 57:36.240]  What can we do for you?
[57:36.240 --> 57:38.240]  Oh, I just got a relatively quick question.
[57:38.240 --> 57:44.240]  I'm a little confused with all these dictionaries, and I guess I shouldn't say jurisdiction.
[57:44.240 --> 57:53.240]  Am I correct in understanding that black laws is for state and federal, and then buvies is for supreme in the state and federal?
[57:53.240 --> 57:55.240]  Is that how that works?
[57:55.240 --> 58:00.240]  The Supreme Court uses buvies for its legal terminology.
[58:00.240 --> 58:05.240]  The state courts almost exclusively use blacks.
[58:05.240 --> 58:06.240]  Okay.
[58:06.240 --> 58:11.240]  The federal courts will, it's either or.
[58:11.240 --> 58:17.240]  Some districts use buvies, some districts use blacks, some of them use Andersons.
[58:17.240 --> 58:22.240]  There's no definitive relationship at the federal level I can find with what they rely on.
[58:22.240 --> 58:25.240]  It seems the feds make it up as they go along.
[58:25.240 --> 58:26.240]  Okay.
[58:26.240 --> 58:28.240]  Thank you.
[58:28.240 --> 58:29.240]  You're welcome.
[58:29.240 --> 58:31.240]  Anything else?
[58:31.240 --> 58:37.240]  Well, if you've got more detail on that, that'd be great, because I'm still a little confused on it, but I hear the music.
[58:37.240 --> 58:38.240]  Okay.
[58:38.240 --> 58:43.240]  Well, if you can hang on, we'll pick you up on the other side of the break and see if we can't un-confuse you if I can.
[58:43.240 --> 58:44.240]  Okay.
[58:44.240 --> 58:45.240]  Thank you.
[58:45.240 --> 58:46.240]  You're welcome.
[58:46.240 --> 58:47.240]  All right, folks.
[58:47.240 --> 58:48.240]  This is Rule of Law Radio.
[58:48.240 --> 58:50.240]  We are coming up on our last hour of the show.
[58:50.240 --> 58:54.240]  Calling number is 512-646-1984.
[58:54.240 --> 58:57.240]  Please give us a call before we run out of time.
[58:57.240 --> 58:59.240]  I don't want to leave anybody hanging.
[58:59.240 --> 59:03.240]  Would you like to make more definite progress in your walk with God?
[59:03.240 --> 59:10.240]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:10.240 --> 59:15.240]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
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[59:22.240 --> 59:27.240]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:27.240 --> 59:37.240]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:37.240 --> 59:50.240]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
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[59:59.240 --> 01:00:04.240]  This news brief brought to you by the International Newsnet.
[01:00:04.240 --> 01:00:14.240]  President Mahmoud Abbas said Monday he's sticking to his plan to seek full UN membership for a Palestinian state, although the move is opposed by the U.S. and Israel.
[01:00:14.240 --> 01:00:22.240]  The U.S. and Israel want to keep the peace process restricted to, quote, a bilateral dialogue overseen by Washington.
[01:00:22.240 --> 01:00:29.240]  Peace talks have stalled for months over Israel's refusal to halt settlements in the occupied territories.
[01:00:29.240 --> 01:00:39.240]  At least eight people, six of them police officers, were killed Monday in Karachi, Pakistan after an explosive-laden car drove into the home of a senior police officer.
[01:00:39.240 --> 01:00:45.240]  The Pakistani Taliban claimed responsibility for the attack, which left a crater 10 feet deep.
[01:00:45.240 --> 01:00:53.240]  Karachi, Pakistan's largest, most unstable city, has been plagued by the worst ethnic and political violence in 15 years.
[01:00:53.240 --> 01:01:08.240]  Italian Prime Minister Silvio Berlusconi was in court in Milan Monday for a hearing into claims he paid his former British lawyer, David Mills, $600,000 for false testimony about his business dealings.
[01:01:08.240 --> 01:01:17.240]  Mills was convicted of accepting the bribe from his billionaire client in 1999, but the trial exceeded the 10-year limit for prosecution.
[01:01:17.240 --> 01:01:24.240]  A separate trial for tax evasion linked to Berlusconi's media set in Pyre starts September 26.
[01:01:24.240 --> 01:01:32.240]  At least 24 people were killed Monday by security forces in Yemen in the continuing uprising against President Ali Abdullah Saleh.
[01:01:32.240 --> 01:01:38.240]  In Sana'a, the capital, 22 people were killed when troops opened fire at protesters.
[01:01:38.240 --> 01:01:47.240]  The attack came after demonstrators expanded their protest area following an assault Sunday by security forces in which 26 protesters were killed and hundreds wounded.
[01:01:47.240 --> 01:01:55.240]  In Taiz Monday, government forces fired live ammunition and tear gas at thousands of Yemenis, leaving two dead and dozens injured.
[01:01:55.240 --> 01:02:03.240]  The Gulf Cooperation Council brokered a deal last spring to ensure a peaceful transition of power and give immunity to Saleh,
[01:02:03.240 --> 01:02:11.240]  but protesters rejected the deal, saying Saleh should be tried for the death of 450 people killed in anti-government rallies.
[01:02:11.240 --> 01:02:26.240]  Pakistani troops Saturday battled Taliban fighters for the remnants of a U.S. drone in a northwestern tribal area. The Taliban said they shot down the unmanned craft, but local security officials said it crashed because of technical problems.
[01:02:26.240 --> 01:02:31.240]  The debris was first taken by the Taliban, but Pakistani troops reportedly seized it back.
[01:02:31.240 --> 01:02:35.240]  At least two militants were killed in the ensuing firefight.
[01:02:35.240 --> 01:02:42.240]  Drone attacks have escalated in the region since Barack Obama took office. More than 100 raids were reported last year.
[01:02:42.240 --> 01:02:48.240]  The U.S. does not routinely confirm drone operations, which are conducted by the CIA.
[01:02:48.240 --> 01:02:56.240]  The strikes are highly unpopular among the Pakistani public, who point to large numbers of innocent civilians killed by drones each year.
[01:02:56.240 --> 01:03:02.240]  Observers say while Pakistani authorities are critical of the strikes, privately, they condone them.
[01:03:02.240 --> 01:03:09.240]  For details on this story, visit INNworld.net.
[01:03:09.240 --> 01:03:20.240]  You are listening to the Rural Law Radio Network at RuralLawRadio.com. Live free speech talk radio at its best.
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[01:10:45.240 --> 01:10:53.240]  Mr. Michael Allison wants to follow in Mr. Glick's footsteps and so actually he's looking for an attorney right now to help him do this.
[01:10:53.240 --> 01:10:59.240]  So we're going to be talking about this more on Thursday so folks just want to make that announcement make sure you tune in on Thursday.
[01:10:59.240 --> 01:11:02.240]  We're going to have special guest Michael Allison.
[01:11:02.240 --> 01:11:03.240]  So that's all I had.
[01:11:03.240 --> 01:11:05.240]  Go ahead Eddie.
[01:11:05.240 --> 01:11:19.240]  Yeah that's one of the reasons why Texas law is very clear that a municipality may not enact any ordinance of any kind relating to the registration of motor vehicles.
[01:11:19.240 --> 01:11:29.240]  Now of course that wouldn't apply to someone's private car but they can't do anything as far as ordinances are concerned regarding registration at all.
[01:11:29.240 --> 01:11:41.240]  And that would be exactly why they wouldn't be able to get away with something like that in Texas because the ordinance already are the state law already forbids the municipality from doing anything regarding registration anyway.
[01:11:41.240 --> 01:11:48.240]  Okay let's go ahead and finish up with Edward in New Mexico then we have Wesley that looks like Ramon's call back in.
[01:11:48.240 --> 01:11:51.240]  Alright Edward let's see if we can finish this up for you.
[01:11:51.240 --> 01:12:00.240]  I can't find anything that specifically states what is the go to dictionary at the federal level.
[01:12:00.240 --> 01:12:05.240]  So in any given court your guess would be as good as mine.
[01:12:05.240 --> 01:12:14.240]  I can tell you that virtually every state court that I've been in whether it be Texas, Colorado, Ohio doesn't matter.
[01:12:14.240 --> 01:12:17.240]  I've seen them use blacks law.
[01:12:17.240 --> 01:12:22.240]  I'm pretty sure that's the predominant one throughout the states.
[01:12:22.240 --> 01:12:24.240]  Okay Mike.
[01:12:24.240 --> 01:12:26.240]  Thank you for directly answering my question.
[01:12:26.240 --> 01:12:34.240]  Where that really leaves me confused beyond the muddlement of which federal is using which.
[01:12:34.240 --> 01:12:38.240]  How can we have a system that uses two different dictionaries?
[01:12:38.240 --> 01:12:43.240]  I don't understand the validity of the system at this point.
[01:12:43.240 --> 01:12:50.240]  The system is corrupt and not valid to begin with but this is just so, this is like gears not meshing.
[01:12:50.240 --> 01:12:52.240]  Well that part is true.
[01:12:52.240 --> 01:13:02.240]  That's exactly the shifting bed of sands you stand on when it comes to going to court and trying to make the court give you a legal definition of something.
[01:13:02.240 --> 01:13:10.240]  Where the law doesn't give it and you ask the court to give it to you then the court has to figure out one of two things.
[01:13:10.240 --> 01:13:14.240]  Will it deliver justice or keep the system intact?
[01:13:14.240 --> 01:13:17.240]  Guess which one they choose.
[01:13:17.240 --> 01:13:20.240]  So is my understanding correct then in saying that?
[01:13:20.240 --> 01:13:24.240]  Bouviage is basically the old original definition.
[01:13:24.240 --> 01:13:27.240]  Black's law is, as you said, the shifting sands definition.
[01:13:27.240 --> 01:13:39.240]  So is this basically the system trying to struggle, trying to maintain the integrity of what was originally written and intended and trying to at the same time find a compromise with, wow, the shifting sands?
[01:13:39.240 --> 01:13:41.240]  Is that what this is?
[01:13:41.240 --> 01:13:43.240]  Kind of yes, kind of yes.
[01:13:43.240 --> 01:13:53.240]  What Black's law really is, it's a way to get in a definition that a lawyer wants to use to win his case one way or the other.
[01:13:53.240 --> 01:14:01.240]  Basically it's like Bill Clinton trying to argue it depends upon what your definition of is is.
[01:14:01.240 --> 01:14:02.240]  Wow.
[01:14:02.240 --> 01:14:05.240]  That's exactly what it is.
[01:14:05.240 --> 01:14:17.240]  If you want to argue is means blue today, but tomorrow you need it to mean red, then you argue a new definition.
[01:14:17.240 --> 01:14:20.240]  That's what Black's law does.
[01:14:20.240 --> 01:14:28.240]  It records those arguments in such a way as to make them all appear as if they have some validity at any point in time.
[01:14:28.240 --> 01:14:36.240]  When in fact they're in direct contrast to each other and they make it virtually impossible to get a true meaning of something.
[01:14:36.240 --> 01:14:49.240]  Which is usually why it goes higher and higher and higher on appeal for someone to make a final determination and then the next version of Black's law will stick with that until it gets changed again.
[01:14:49.240 --> 01:14:51.240]  Okay.
[01:14:51.240 --> 01:14:54.240]  So, wow.
[01:14:54.240 --> 01:15:04.240]  Edward, what I do is, if you want to know the definition for a word, first place you need to go is to look in a statute that's applicable.
[01:15:04.240 --> 01:15:06.240]  If it is the first place, that's the primary.
[01:15:06.240 --> 01:15:07.240]  Yes.
[01:15:07.240 --> 01:15:09.240]  Always look in the statute first.
[01:15:09.240 --> 01:15:13.240]  If it's not in the statute, then you go to these other sources.
[01:15:13.240 --> 01:15:29.240]  If you find yourself involved in a court case, either as the plaintiff or as the defendant, is there some way to establish or set the stage, so to say, and say, okay, for this case we're going to use this set of standards?
[01:15:29.240 --> 01:15:36.240]  Well, that's why whenever you file a motion or a brief, you always reference your source.
[01:15:36.240 --> 01:15:41.240]  So, no, you don't get to pick what everybody has to use.
[01:15:41.240 --> 01:15:47.240]  They can use some other dictionary to contradict your dictionary if they can find one.
[01:15:47.240 --> 01:15:50.240]  They reference their source for their argument.
[01:15:50.240 --> 01:15:52.240]  You reference your source for your argument.
[01:15:52.240 --> 01:15:57.240]  And the court has to figure out which one it wants to give credence to.
[01:15:57.240 --> 01:16:02.240]  And this is what the term driver falls into.
[01:16:02.240 --> 01:16:07.240]  Yeah, but again, driver is circumstantial.
[01:16:07.240 --> 01:16:17.240]  Whether or not it's the legal sense of the term versus the common use of the term depends upon the circumstances to which it's being applied.
[01:16:17.240 --> 01:16:24.240]  So then do black laws and bouviets agree on their definitions of driver?
[01:16:24.240 --> 01:16:30.240]  For the original base definition, yes.
[01:16:30.240 --> 01:16:34.240]  Okay, I don't quite get this qualifier base definition.
[01:16:34.240 --> 01:16:43.240]  Just remember, when you look at black's law, black's law has the first line in it, and that is almost identical to bouviets,
[01:16:43.240 --> 01:16:50.240]  but then it has continuing lines that show, but in these situations it's this, and in these situations it's that.
[01:16:50.240 --> 01:16:53.240]  Yeah, it's all the amendments and changes in conditions.
[01:16:53.240 --> 01:16:54.240]  Right.
[01:16:54.240 --> 01:16:55.240]  Okay, thank you.
[01:16:55.240 --> 01:16:57.240]  You're very welcome, Edward.
[01:16:57.240 --> 01:16:59.240]  Thanks for calling in.
[01:16:59.240 --> 01:17:08.240]  It's the story of a lost city, lost opportunity, lost hope.
[01:17:08.240 --> 01:17:12.240]  A story of failed policies, failed leadership.
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[01:17:20.240 --> 01:17:26.240]  One man has stood apart, stood strong and true.
[01:17:26.240 --> 01:17:33.240]  Voting against every tax increase, every unbalanced budget, every time.
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[01:17:46.240 --> 01:17:49.240]  The one who will restore liberty.
[01:17:49.240 --> 01:17:56.240]  Ron Paul, the one who can beat Obama and restore America now.
[01:17:56.240 --> 01:18:00.240]  I'm Ron Paul, and I approve this message.
[01:18:00.240 --> 01:18:04.240]  If you entered into a mortgage agreement after the year 2000,
[01:18:04.240 --> 01:18:09.240]  you were subjected to the largest fraud ever perpetrated on the American public.
[01:18:09.240 --> 01:18:12.240]  The banks plotted not only to steal the equity in your home,
[01:18:12.240 --> 01:18:18.240]  they also planned to scam you out of your retirement funds and leave you homeless and penniless.
[01:18:18.240 --> 01:18:22.240]  The money changers have used what they stole from you to buy your legislators,
[01:18:22.240 --> 01:18:27.240]  government oversight agencies and, most unfortunately, the courts.
[01:18:27.240 --> 01:18:32.240]  If you have been foreclosed on or facing foreclosure or are up to date on your payments,
[01:18:32.240 --> 01:18:36.240]  there is something you can do to set things to right.
[01:18:36.240 --> 01:18:45.240]  Call 855-588-8501 and we will show you how to force the corrupt courts to do their jobs.
[01:18:45.240 --> 01:18:49.240]  You can stop these thieving bankers from destroying this country
[01:18:49.240 --> 01:18:54.240]  and from forcing your children and grandchildren onto the streets as slaves to them.
[01:18:54.240 --> 01:19:20.240]  Call 855-588-8501 now.
[01:19:24.240 --> 01:19:31.240]  Hi folks, we are back. This is rule of law radio.
[01:19:31.240 --> 01:19:35.240]  We are taking your calls 512-646-1984.
[01:19:35.240 --> 01:19:37.240]  We have three segments left in the show.
[01:19:37.240 --> 01:19:39.240]  Wesley Ramon, I see you there on the board.
[01:19:39.240 --> 01:19:40.240]  Give me just one second.
[01:19:40.240 --> 01:19:45.240]  I need to take this opportunity to bring up the issue of last Monday's show.
[01:19:45.240 --> 01:19:57.240]  We announced that we are moving forward with two federal lawsuits on issues that I have directly with the game wardens over in Nacodotus County
[01:19:57.240 --> 01:20:03.240]  and the city of Rockdale when they stopped me those two times last year and in 2009.
[01:20:03.240 --> 01:20:11.240]  We're going forward with the federal lawsuits on that to go against them for the deprivation of rights
[01:20:11.240 --> 01:20:16.240]  when they tried to compel me to participate in commerce against my will.
[01:20:16.240 --> 01:20:22.240]  So we're moving forward with that federal lawsuit and in case you've never had one, these things cost money.
[01:20:22.240 --> 01:20:27.240]  So I would like to take this opportunity to get you folks aware that we're trying to do this.
[01:20:27.240 --> 01:20:30.240]  These suits are meant to benefit everybody.
[01:20:30.240 --> 01:20:36.240]  The precedent we set can be applied to every other case that follows on this same subject.
[01:20:36.240 --> 01:20:41.240]  We're going to have to start going directly after those involved in this fraud
[01:20:41.240 --> 01:20:44.240]  and we're going to have to take them to task to do it.
[01:20:44.240 --> 01:20:50.240]  So I'd like to take this opportunity to ask you to please, please go to the website.
[01:20:50.240 --> 01:20:55.240]  Donate to the show so we can stay on the air and keep bringing you all this information.
[01:20:55.240 --> 01:21:01.240]  Please also go and if you're able, donate in support of the lawsuit.
[01:21:01.240 --> 01:21:08.240]  It's going to take money to run it and I just don't have it all myself but we need to get this stuff adjudicated
[01:21:08.240 --> 01:21:18.240]  so we have good standing case law in our favor that we can use to keep our rights intact against what they're trying to do to us.
[01:21:18.240 --> 01:21:22.240]  So please, if you can, whatever you can afford to donate.
[01:21:22.240 --> 01:21:27.240]  If I've helped you with a ticket and saved you money, donate a percentage of what I saved you.
[01:21:27.240 --> 01:21:32.240]  Okay, be reasonable. Be, you know, I helped you out. Give us a break.
[01:21:32.240 --> 01:21:37.240]  We could use some help too. We can't keep doing this for everybody at our own expense.
[01:21:37.240 --> 01:21:39.240]  We just can't afford to do that.
[01:21:39.240 --> 01:21:45.240]  We rely on you to keep us bringing this information out and to do this show.
[01:21:45.240 --> 01:21:48.240]  So please give us a hand with that.
[01:21:48.240 --> 01:21:52.240]  Okay, that being said, I'm going to go ahead and go to Wesley in Texas.
[01:21:52.240 --> 01:21:54.240]  Wesley, what can we do for you?
[01:21:54.240 --> 01:21:57.240]  Yeah. Hey, how are you doing today?
[01:21:57.240 --> 01:21:59.240]  All right. How are you?
[01:21:59.240 --> 01:22:07.240]  Pretty good. Well, I got pulled over here in Carrollton, Texas for, he actually pulled me over for billing to come to.
[01:22:07.240 --> 01:22:09.240]  Please stop at a stop sign.
[01:22:09.240 --> 01:22:16.240]  And then he also wrote me a ticket for expired tags.
[01:22:16.240 --> 01:22:27.240]  Now more than what kind of steps I need to take on that, I've got a couple ideas. I've already got like the affidavit of appearance prepared.
[01:22:27.240 --> 01:22:37.240]  Now also, one thing that I saw, because when I got out of the car, because he actually pulled me over right in front of my mom's house,
[01:22:37.240 --> 01:22:43.240]  and I was headed into the house to pick up my daughter, and he actually yelled at me and told me to get back into the car.
[01:22:43.240 --> 01:22:49.240]  And one thing that I noticed when he was coming up to the car is that he unbuckled his little, his gun strap.
[01:22:49.240 --> 01:22:54.240]  And I've heard Randy talk about, what was it?
[01:22:54.240 --> 01:22:56.240]  Aggravated assault.
[01:22:56.240 --> 01:23:01.240]  Yeah. So I'm wondering what all I should do on this.
[01:23:01.240 --> 01:23:05.240]  Well, that depends on exactly what it is you're trying to accomplish.
[01:23:05.240 --> 01:23:13.240]  If you're trying to beat the ticket, that's one thing. If you're trying to actually get justice and make them stop, that's a whole other animal.
[01:23:13.240 --> 01:23:18.240]  Okay. Well, let's start with the ticket. What should I do, or what should I be doing on that?
[01:23:18.240 --> 01:23:22.240]  I mean, since I still have a van on my car, so does...
[01:23:22.240 --> 01:23:24.240]  Who wrote the ticket?
[01:23:24.240 --> 01:23:26.240]  Carleton City Cop.
[01:23:26.240 --> 01:23:36.240]  Okay. And in order for me to give you the answer to that, I need more information. So if you could, you have my email address.
[01:23:36.240 --> 01:23:41.240]  It's eddedie at ruleoflawradio.com.
[01:23:41.240 --> 01:23:42.240]  Okay.
[01:23:42.240 --> 01:23:50.240]  But any documentation you currently have, a copy of the ticket, anything you've received in the mail, whatever it is, scan it in,
[01:23:50.240 --> 01:23:56.240]  send it back, and email me a copy of it so I can see specifics, details, dates, times, and places.
[01:23:56.240 --> 01:24:01.240]  Okay. Well, now I'm coming down to your classes coming Sunday, so good.
[01:24:01.240 --> 01:24:05.240]  Okay. That'll work too. If you make copies and bring them with you, just make sure they're legible.
[01:24:05.240 --> 01:24:07.240]  Okay.
[01:24:07.240 --> 01:24:10.240]  Okay. Now, do you have the seminar material?
[01:24:10.240 --> 01:24:15.240]  Yeah, I sure do. I've been going... I've gone through it about... Hello?
[01:24:15.240 --> 01:24:25.240]  If you have it, then make sure that you bring an external hard drive or flash drive with you, and I'll give you the updated traffic motions.
[01:24:25.240 --> 01:24:32.240]  Just bring, print out a copy of the email you received when you purchased it so that you got proof that you have it, okay?
[01:24:32.240 --> 01:24:37.240]  Okay. I'll see if I still have that.
[01:24:37.240 --> 01:24:43.240]  But I've got the course on my computer here, so...
[01:24:43.240 --> 01:24:45.240]  Yeah, I'll bring one up.
[01:24:45.240 --> 01:24:48.240]  Yeah, I just... Deborah would have sent you a login page if you bought it off the website.
[01:24:48.240 --> 01:24:52.240]  I just need that to verify that you bought it, and then I can give you the updated stuff.
[01:24:52.240 --> 01:24:53.240]  Okay.
[01:24:53.240 --> 01:24:57.240]  That's really the only way we have to make sure that people aren't just getting it for nothing.
[01:24:57.240 --> 01:24:59.240]  Okay.
[01:24:59.240 --> 01:25:02.240]  So that's the only way we have to do that at the moment.
[01:25:02.240 --> 01:25:05.240]  All right. I got you. All right. Not a problem.
[01:25:05.240 --> 01:25:12.240]  Okay. But if you can do that, if you're going to be there Sunday, I'll be happy to sit down with you after class and go over with you and see what we can do,
[01:25:12.240 --> 01:25:14.240]  and look at exactly what was done.
[01:25:14.240 --> 01:25:17.240]  But I need to see this information so we have specifics.
[01:25:17.240 --> 01:25:25.240]  All right. No, I went on Thursday and tried to get my pre-trial date, and I didn't.
[01:25:25.240 --> 01:25:26.240]  All right.
[01:25:26.240 --> 01:25:30.240]  So I've got my affidavit of parents. Should I go ahead and send that on in?
[01:25:30.240 --> 01:25:38.240]  Absolutely. You need to file that ASAP that you appeared on this date and this time, whatever day it was, you went in.
[01:25:38.240 --> 01:25:39.240]  Okay.
[01:25:39.240 --> 01:25:45.240]  But now while you were there, did you ask them to provide you with a copy of everything in the court record?
[01:25:45.240 --> 01:25:50.240]  No, I didn't. He actually walked away from me going, well, I'm not a lawyer.
[01:25:50.240 --> 01:25:55.240]  So I just got a picture of him and walked on out.
[01:25:55.240 --> 01:26:00.240]  What did you ask him that made him respond, I'm not a lawyer?
[01:26:00.240 --> 01:26:11.240]  Well, I told him that I wasn't going to plead, and I needed to get my pre-trial date, and he said, no, I can't do that, or I'm not going to do that.
[01:26:11.240 --> 01:26:14.240]  Did you ask him who he was?
[01:26:14.240 --> 01:26:18.240]  No, I didn't ask him his name. I just took a picture of him as he walked away.
[01:26:18.240 --> 01:26:28.240]  Okay. Rule number one, folks, when you talk to somebody, get details, names, job title, contact information. Always.
[01:26:28.240 --> 01:26:35.240]  Know who you're dealing with. That way you have names to point fingers at later.
[01:26:35.240 --> 01:26:44.240]  Always get this information. These are your public servants. You don't work for them, they work for you.
[01:26:44.240 --> 01:27:00.240]  You got to know who you're dealing with, okay? Get their name. As soon as you can before class, make another trip in there, try again with whoever's in there, get full information, write it all down or record it so you can write it down later.
[01:27:00.240 --> 01:27:08.240]  But while you're there, tell them you want a copy of everything that's in the folder or file relating to this citation.
[01:27:08.240 --> 01:27:15.240]  Okay. All right, I'll do that. I should be able to do that tomorrow afternoon.
[01:27:15.240 --> 01:27:25.240]  Yeah, and if they try to tell you, you can't have it, tell them, look, it's a public record, I have a right to it. Produce it.
[01:27:25.240 --> 01:27:32.240]  Okay. All right, and then right after I get that, just go ahead and mail in my affidavit of appearance.
[01:27:32.240 --> 01:27:42.240]  You can take the affidavit of appearance with you already notarized and signed and everything as long as you've already got the right date on it and you deliver it on that date.
[01:27:42.240 --> 01:27:53.240]  So if you're going tomorrow on your way down there, fill out the affidavit, go get it notarized, get your copies made, file your copies, keep your original.
[01:27:53.240 --> 01:28:01.240]  Okay. All right. Okay, I'll go get that done tomorrow then.
[01:28:01.240 --> 01:28:04.240]  Okay. All right.
[01:28:04.240 --> 01:28:09.240]  All right. Well, I look forward to seeing you in class then, Wesley. Thanks for calling in. Is there anything else?
[01:28:09.240 --> 01:28:12.240]  I think that's it for now. I appreciate it, Eddie.
[01:28:12.240 --> 01:28:15.240]  Okay. All right, no problem. I'll see you Sunday.
[01:28:15.240 --> 01:28:17.240]  All right. Bye-bye.
[01:28:17.240 --> 01:28:22.240]  All right. Bye-bye. All right, let's go to Ramon in Texas. Ramon, what can we do for you?
[01:28:22.240 --> 01:28:27.240]  Evening. Yeah, this is a different Ramon from earlier. This is Ramon.
[01:28:27.240 --> 01:28:30.240]  Yeah, I got that message. Sorry for the confusion.
[01:28:30.240 --> 01:28:46.240]  No problem. Hey, I want to gauge what is how familiar you are with the whole smart meter-ish in regards to utility code and, you know, residential rights and all that.
[01:28:46.240 --> 01:28:50.240]  Can you guys give me some feedback as to what?
[01:28:50.240 --> 01:29:03.240]  Well, I do know that there has been a woman that took it to court on a smart meter and she did get her ruling that the utility company cannot force the homeowner to accept a smart meter.
[01:29:03.240 --> 01:29:10.240]  Yeah, I mean, just from what I read, I don't read anything in the code that would say they have the power to do so.
[01:29:10.240 --> 01:29:12.240]  They don't.
[01:29:12.240 --> 01:29:31.240]  So, I mean, as far as a small claim, following a small claim with cause of action being burdening of utilities and trespass and harassment,
[01:29:31.240 --> 01:29:43.240]  they didn't even mention the property value, invasion of privacy and conversion violations. Well, there's no conversion. There's not any conversion. That's a whole different animal.
[01:29:43.240 --> 01:29:48.240]  Hang on just a second, Ramon, and we'll get back on the other side and finish this up with you, okay? Thank you.
[01:29:48.240 --> 01:30:00.240]  All right, folks, this is Rule of Law Radio 512-646-984. Ramon is the last person on the board. We've got a half an hour left, so give us a call. We'll be right back.
[01:30:00.240 --> 01:30:03.240]  Here are the reasons to question the official story of the Oklahoma City bombing.
[01:30:03.240 --> 01:30:09.240]  Reason number 10. What is on the surveillance tapes? There were many video surveillance cameras that recorded the morning of the bombing,
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[01:30:18.240 --> 01:30:22.240]  were all having their tapes changed at the exact same time, 9.02 a.m.
[01:30:22.240 --> 01:30:25.240]  This is insulting to the memory of those who perish in the bombing.
[01:30:25.240 --> 01:30:30.240]  What is being hidden from us? For more information, please go to okcbombingtruth.com.
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[01:32:22.240 --> 01:32:51.240]  Hi folks, we are back with a new song radio.
[01:32:51.240 --> 01:32:53.240]  Right now we're talking to Ramon.
[01:32:53.240 --> 01:32:56.240]  Alright Ramon, let's finish up with your smart meter questions.
[01:32:56.240 --> 01:33:00.240]  As far as your causes of action, keep it simple.
[01:33:00.240 --> 01:33:05.240]  Look for the things that are most blatant about what they did to come onto your property.
[01:33:05.240 --> 01:33:20.240]  While they have access to come on to read the meter if necessary, they do not have access to come on and alter the things attached to your house unless it's broken and you requested them to do so.
[01:33:20.240 --> 01:33:26.240]  Now where do I get something to prove that?
[01:33:26.240 --> 01:33:28.240]  I mean, what law?
[01:33:28.240 --> 01:33:29.240]  To prove what?
[01:33:29.240 --> 01:33:32.240]  What you just said.
[01:33:32.240 --> 01:33:36.240]  Now what you said is, yeah, I agree with you, but what law backs me up?
[01:33:36.240 --> 01:33:40.240]  Well again, there isn't a law that does it.
[01:33:40.240 --> 01:33:44.240]  There's a court decision if the lady listening that had that decision in her favor,
[01:33:44.240 --> 01:33:50.240]  she's called into a several times before regarding them trying to put a smart meter on her house.
[01:33:50.240 --> 01:33:54.240]  And I think she was in Texas, but I'm not 100% positive.
[01:33:54.240 --> 01:34:03.240]  But at least if nothing else, it's a precedent set elsewhere that shows that the electric company does not have the right to force a smart meter on the homeowner.
[01:34:03.240 --> 01:34:09.240]  Now I do know there's litigation that has occurred in Texas about the smart meter.
[01:34:09.240 --> 01:34:22.240]  One of the attorneys that's actually a personal friend of mine over in Nackadoches was actually one of the attorneys that were suing the electric company because of the harm the smart meters were causing and overbilling people.
[01:34:22.240 --> 01:34:35.240]  So if you look around, I'm pretty sure you'll find there's case precedent somewhere in Texas that says the homeowner has the right to refuse to accept it.
[01:34:35.240 --> 01:34:40.240]  Okay.
[01:34:40.240 --> 01:34:42.240]  All right.
[01:34:42.240 --> 01:34:51.240]  Well, so is it something that would look to build upon previous cases or do I need to create the wheel?
[01:34:51.240 --> 01:34:55.240]  Well, I can't answer that without knowing what's in the documents you'd be using.
[01:34:55.240 --> 01:35:06.240]  Anything you'd have two options and you could see if you could, because I know this was a class action, you could seek to join the class action that exists if it's still ongoing.
[01:35:06.240 --> 01:35:11.240]  And if it's not, then yes, you would have to start your own if you've got something involved in here.
[01:35:11.240 --> 01:35:14.240]  But you're looking at stopping them from putting one in.
[01:35:14.240 --> 01:35:19.240]  You're not looking at being harmed as the result of them putting one in, correct?
[01:35:19.240 --> 01:35:29.240]  No, it's already on my property and this is the thing that really bothers me is that it's my property.
[01:35:29.240 --> 01:35:41.240]  I think I would have some sort of say so in what goes on my property, especially if you're putting on, if you're putting a device that does not have any evidence that shows that my children will not be harmed, you know.
[01:35:41.240 --> 01:35:44.240]  And in contrary, the evidence is contrary to that.
[01:35:44.240 --> 01:35:46.240]  So this really infuriates me.
[01:35:46.240 --> 01:35:54.240]  And I think my hope cause of action would be that burdening of utility easement that I've heard it referenced as.
[01:35:54.240 --> 01:35:59.240]  So that would be my cause of action that I would probably make a change.
[01:35:59.240 --> 01:36:05.240]  Yeah, but does burdening of utility easement apply to you or to the utility provider?
[01:36:05.240 --> 01:36:08.240]  Well, that's a good question.
[01:36:08.240 --> 01:36:16.240]  Well, that's the first question because burden of utility easement can be taken one of two ways.
[01:36:16.240 --> 01:36:35.240]  Either a utility company has deprived you of a very important use of your property by their creation of an easement for their utility or you prevented them from having a necessary easement in order to provide that public utility.
[01:36:35.240 --> 01:36:41.240]  You need to see which of those criteria applies to that particular cause of action and who it's in favor of.
[01:36:41.240 --> 01:36:42.240]  Okay.
[01:36:42.240 --> 01:36:44.240]  What about trespassing?
[01:36:44.240 --> 01:36:46.240]  Trespassing is another matter.
[01:36:46.240 --> 01:36:53.240]  If they trespassed on your place to do something you forbade them to do, you probably have a cause of action.
[01:36:53.240 --> 01:36:57.240]  Well, they would have had to have notified you they were going to change the meter.
[01:36:57.240 --> 01:37:01.240]  You would have had to have notified them you do not want the meter changed.
[01:37:01.240 --> 01:37:06.240]  And then if they did it anyway, then you would probably have a cause of action.
[01:37:06.240 --> 01:37:12.240]  Well, the representative told me they installed the device in December 2010.
[01:37:12.240 --> 01:37:16.240]  I received a letter in March 2011 saying it's been installed.
[01:37:16.240 --> 01:37:24.240]  I've never had an opportunity to have any feedback as an owner or the property owner of it, just like everyone else.
[01:37:24.240 --> 01:37:31.240]  Well, I don't know if you would have recourse after being on your house for this amount of time.
[01:37:31.240 --> 01:37:41.240]  You would probably have had a certain amount of time in which you would have had to register a complaint that it was done without your knowledge and consent.
[01:37:41.240 --> 01:37:47.240]  But you would have, again, you'd have to do your research and find out.
[01:37:47.240 --> 01:37:55.240]  Because it's not something that I've personally kept up with, so I can't give you specific information about it.
[01:37:55.240 --> 01:38:05.240]  I can tell you to look in the utility code and see what burden the law puts on the company as providing information and ability of the homeowner to say,
[01:38:05.240 --> 01:38:18.240]  yes, I want a particular service or no, I don't, and so on and so forth, and I'd also look and see if there's anything that's been filed in the courts regarding the installation of these meters against the will of the homeowner.
[01:38:18.240 --> 01:38:23.240]  Okay, and that would be what, in the county clerk's office?
[01:38:23.240 --> 01:38:26.240]  Well, that depends on the type of suit that was filed.
[01:38:26.240 --> 01:38:28.240]  Whether it's federal or...
[01:38:28.240 --> 01:38:34.240]  It'll either be with the county or the district, depending upon what type of damages were being sought.
[01:38:34.240 --> 01:38:43.240]  Whether it will be filed will be dependent upon the money amount involved or the particular jurisdiction of a type of cause of action.
[01:38:43.240 --> 01:38:45.240]  So would this...
[01:38:45.240 --> 01:38:47.240]  Well, what do you say?
[01:38:47.240 --> 01:38:48.240]  What do you think?
[01:38:48.240 --> 01:38:53.240]  Would this kind of a claim be a local or it would be state?
[01:38:53.240 --> 01:38:57.240]  State as a jurisdiction?
[01:38:57.240 --> 01:38:58.240]  The state?
[01:38:58.240 --> 01:39:01.240]  I don't know what you mean by the state having jurisdiction.
[01:39:01.240 --> 01:39:05.240]  Again, it depends upon the courts.
[01:39:05.240 --> 01:39:18.240]  If it's below a certain money amount and it's a type of action that the county court has jurisdiction to hear, then the county court would be where you start.
[01:39:18.240 --> 01:39:31.240]  If it's something that is above a certain money amount or involves a cause of action that the jurisdiction is limited strictly to the district courts, then the district court is where you start.
[01:39:31.240 --> 01:39:38.240]  So since I wouldn't necessarily be looking for any monetary or punitive damages necessarily, at this point I would just be...
[01:39:38.240 --> 01:39:41.240]  I'm just wanting them to replace it back with an analog device.
[01:39:41.240 --> 01:39:43.240]  I'm not looking for any.
[01:39:43.240 --> 01:39:45.240]  So this seems like...
[01:39:45.240 --> 01:40:05.240]  Your best bet, Ramon, I would suggest you go down to the state law library and get access to one of the law research computers that's attached to Lexus and see if you can pull up any state case law filed at any level regarding the utility companies and the smart meters.
[01:40:05.240 --> 01:40:06.240]  Okay.
[01:40:06.240 --> 01:40:14.240]  That would be the best place to start and let you do it all in one place easier.
[01:40:14.240 --> 01:40:16.240]  What was the place again?
[01:40:16.240 --> 01:40:18.240]  The state law library?
[01:40:18.240 --> 01:40:24.240]  That's at 15th of Colorado, downtown.
[01:40:24.240 --> 01:40:25.240]  Got it.
[01:40:25.240 --> 01:40:26.240]  Okay.
[01:40:26.240 --> 01:40:27.240]  One other question.
[01:40:27.240 --> 01:40:37.240]  What Texas statute would I be looking to support any of my rights?
[01:40:37.240 --> 01:40:39.240]  I mean, would I be looking at utility...
[01:40:39.240 --> 01:40:52.240]  Well, you'd probably want to be looking at the utilities code because there is a consumer bill of rights that are in the individual codes depending upon the industry being regulated by the code.
[01:40:52.240 --> 01:40:53.240]  Right.
[01:40:53.240 --> 01:41:00.240]  So I'm not sure if I would be relying point to the utilities code or the consumers code or the properties code.
[01:41:00.240 --> 01:41:08.240]  Well, what you may want to do, Ramon, you're probably not going to find anything in the code that's going to support what you want to have done here.
[01:41:08.240 --> 01:41:20.240]  You need to go into the case law research section in Lexis under the Lexis search engine which you can access at that law library and look up, just use smart meters.
[01:41:20.240 --> 01:41:35.240]  Go into the Texas case law cases where the Texas Supreme Court have ruled and just put in smart meter as your search term and see what cases come up and what you can use.
[01:41:35.240 --> 01:41:49.240]  But I can tell you right now, since it's already in and since you did not object beforehand, you're going to have a very, very difficult time and it could be even impossible and too late at this point to do anything about it.
[01:41:49.240 --> 01:41:52.240]  Okay?
[01:41:52.240 --> 01:41:55.240]  But good luck with your case law research, okay?
[01:41:55.240 --> 01:41:56.240]  All right.
[01:41:56.240 --> 01:41:57.240]  Okay, thanks.
[01:41:57.240 --> 01:41:59.240]  All right, thanks.
[01:41:59.240 --> 01:42:06.240]  All right, we're going to go to Scott in Georgia and then if we don't run out of time, we'll go to Julius after that.
[01:42:06.240 --> 01:42:09.240]  All right, Scott, you've got about two minutes before we go to break.
[01:42:09.240 --> 01:42:11.240]  What can we do for you?
[01:42:11.240 --> 01:42:14.240]  Well, I'll try to make it brief, but I might need a couple of minutes after the break.
[01:42:14.240 --> 01:42:18.240]  I'm the person on the online debate with your friend.
[01:42:18.240 --> 01:42:22.240]  I believe he posts online under the name Quasimodo.
[01:42:22.240 --> 01:42:23.240]  Okay.
[01:42:23.240 --> 01:42:24.240]  Okay.
[01:42:24.240 --> 01:42:27.240]  I think you mentioned that right when you started the show.
[01:42:27.240 --> 01:42:35.240]  At any rate, we'll start with first principles here as to show where you've gone wrong.
[01:42:35.240 --> 01:42:43.240]  Almost 100 years ago, the U.S. Supreme Court said that it was perfectly acceptable for states to require garbage licenses and registration for all vehicles,
[01:42:43.240 --> 01:42:47.240]  not merely those that are acting in a commercial capacity.
[01:42:47.240 --> 01:42:48.240]  Really?
[01:42:48.240 --> 01:42:50.240]  Based on what case?
[01:42:50.240 --> 01:42:52.240]  I'm giving it to you right now.
[01:42:52.240 --> 01:42:58.240]  The case is named Hendrick v. the State of Maryland, 235 U.S.
[01:42:58.240 --> 01:43:00.240]  That's the State of Maryland.
[01:43:00.240 --> 01:43:02.240]  That's not the Supreme Court.
[01:43:02.240 --> 01:43:05.240]  That's the Hendrick v. the State of Maryland.
[01:43:05.240 --> 01:43:07.240]  It was a case that went to the Supreme Court.
[01:43:07.240 --> 01:43:11.240]  I'm giving you the case at 235 United States Reports.
[01:43:11.240 --> 01:43:14.240]  And that's the United States Supreme Court case.
[01:43:14.240 --> 01:43:17.240]  I'm looking at the text of it right here.
[01:43:17.240 --> 01:43:22.240]  I'm flipping ahead to page 622 of the decision.
[01:43:22.240 --> 01:43:32.240]  The court, they affirmed his conviction under a particular section of the Maryland Motor Vehicle Code, the Supreme Court.
[01:43:32.240 --> 01:43:34.240]  Motor Vehicle Code.
[01:43:34.240 --> 01:43:36.240]  See, that's the difference.
[01:43:36.240 --> 01:43:40.240]  You're using the commercial terms to describe a non-commercial act.
[01:43:40.240 --> 01:43:43.240]  I'll tell you again where you're wrong, but I'll get to it.
[01:43:43.240 --> 01:43:48.240]  Well, hang on, we're going to break. You tell me where I'm wrong on the other side, just a minute.
[01:43:48.240 --> 01:43:53.240]  All right, folks, this is ruleable with all radio, 512-646-934.
[01:43:53.240 --> 01:43:55.240]  Not that you're going on much time when we get back.
[01:43:55.240 --> 01:43:59.240]  But we'll be right back on the other side of the break, so do your thing.
[01:43:59.240 --> 01:44:01.240]  Hey, did you hear?
[01:44:01.240 --> 01:44:03.240]  Ron Paul has announced he's running for president in 2012.
[01:44:03.240 --> 01:44:04.240]  Who's Ron Paul?
[01:44:04.240 --> 01:44:05.240]  Really?
[01:44:05.240 --> 01:44:07.240]  Okay, put down the cell phone for one minute.
[01:44:07.240 --> 01:44:10.240]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[01:44:10.240 --> 01:44:13.240]  Oh, but I'd love to make those little smiley faces with punctuation marks.
[01:44:13.240 --> 01:44:14.240]  Of course you do.
[01:44:14.240 --> 01:44:20.240]  Now, listen closely. You need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[01:44:20.240 --> 01:44:23.240]  They have all of his books and many of the books he talks about.
[01:44:23.240 --> 01:44:28.240]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[01:44:28.240 --> 01:44:31.240]  Brave New Books? Do they have Harry Potter and Twilight?
[01:44:31.240 --> 01:44:37.240]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[01:44:37.240 --> 01:44:39.240]  Ugh, this sounds like that show in the Discovery Channel.
[01:44:39.240 --> 01:44:46.240]  Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills School that you can sign up for on the website BraveNewBookstore.com.
[01:44:46.240 --> 01:44:47.240]  What are you doing?
[01:44:47.240 --> 01:44:52.240]  I'm tweeting all my friends that they should go to BraveNewBookstore.com or down to the bookstore in person.
[01:44:52.240 --> 01:44:53.240]  Where's it located?
[01:44:53.240 --> 01:44:55.240]  1904 Guadalupe Street.
[01:44:55.240 --> 01:44:57.240]  There, it's sent. I even made a smiley face.
[01:44:57.240 --> 01:44:58.240]  Great.
[01:45:02.240 --> 01:45:05.240]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:25.240 --> 01:46:30.240]  Hi, folks. We are back. This is Rule of Law Radio.
[01:46:30.240 --> 01:46:37.240]  Right now, we are talking to Scott in Georgia who has an issue that everybody has to have a license,
[01:46:37.240 --> 01:46:42.240]  and the states have the right to force us all to engage in commerce via licensing.
[01:46:42.240 --> 01:46:47.240]  I know for a fact that's not what the Texas Transportation Code says.
[01:46:47.240 --> 01:46:48.240]  No, absolutely not.
[01:46:48.240 --> 01:46:49.240]  It is very specific.
[01:46:49.240 --> 01:46:52.240]  We're going to let Scott get his say here, so Scott, go ahead.
[01:46:52.240 --> 01:46:56.240]  Okay. Again, it doesn't matter whether you're in commerce or not.
[01:46:56.240 --> 01:47:01.240]  In the case of Hendrick, there was no...he was not...he was using his personal automobile if he wasn't in commerce.
[01:47:01.240 --> 01:47:05.240]  But the Supreme Court, again, at page 622, the decision said this.
[01:47:05.240 --> 01:47:09.240]  The movement of motor vehicles over the highways is tended by confidence.
[01:47:09.240 --> 01:47:10.240]  Stop right there.
[01:47:10.240 --> 01:47:11.240]  Stop right there.
[01:47:11.240 --> 01:47:14.240]  The movement of motor vehicles.
[01:47:14.240 --> 01:47:15.240]  Keep that in mind.
[01:47:15.240 --> 01:47:16.240]  That's right.
[01:47:16.240 --> 01:47:22.240]  When you're talking about a motor vehicle, you're talking about someone engaging in commerce.
[01:47:22.240 --> 01:47:23.240]  Go ahead.
[01:47:23.240 --> 01:47:25.240]  I'll read it from the Texas Code.
[01:47:25.240 --> 01:47:27.240]  You want the definition of motor vehicle when the Texas Transportation Code...
[01:47:27.240 --> 01:47:28.240]  I don't need it.
[01:47:28.240 --> 01:47:29.240]  I know what it is.
[01:47:29.240 --> 01:47:30.240]  Buy hard.
[01:47:30.240 --> 01:47:31.240]  No, I'm reading it right here.
[01:47:31.240 --> 01:47:33.240]  Just read what you're reading on your opinion and let's go.
[01:47:33.240 --> 01:47:34.240]  No, it's not my opinion.
[01:47:34.240 --> 01:47:36.240]  I'm reading you the law.
[01:47:36.240 --> 01:47:37.240]  Motor vehicle...
[01:47:37.240 --> 01:47:39.240]  I mean the case opinion.
[01:47:39.240 --> 01:47:40.240]  Okay.
[01:47:40.240 --> 01:47:42.240]  We'll go back to case opinion.
[01:47:42.240 --> 01:47:43.240]  All right.
[01:47:43.240 --> 01:47:48.240]  In the absence of national legislation covering the subject, the state may rightfully prescribe
[01:47:48.240 --> 01:47:54.240]  uniform regulations necessary for public safety and order in respect for the operation upon
[01:47:54.240 --> 01:47:59.240]  its highways of all vehicles, those moving in commerce as well as others.
[01:47:59.240 --> 01:48:03.240]  And to this end, it may require the registration of such vehicles in the licensing of their
[01:48:03.240 --> 01:48:04.240]  drivers.
[01:48:04.240 --> 01:48:07.240]  Again, that's at page 622 of the Supreme Court's opinion.
[01:48:07.240 --> 01:48:12.240]  Now, you also seem to think that motor vehicles merely refers to those which are operating
[01:48:12.240 --> 01:48:13.240]  in commerce.
[01:48:13.240 --> 01:48:21.240]  The Texas Transportation Code, section 541.201, definition 11, that motor vehicle means a
[01:48:21.240 --> 01:48:25.240]  self-propelled vehicle or a vehicle that's propelled by electric power from overhead
[01:48:25.240 --> 01:48:26.240]  trolley wires.
[01:48:26.240 --> 01:48:31.240]  It does not include an electric bicycle or an electric personal assistive mobility device
[01:48:31.240 --> 01:48:34.240]  as defined in section 551.201.
[01:48:34.240 --> 01:48:35.240]  Great.
[01:48:35.240 --> 01:48:38.240]  Now, tell me the definition of vehicle, Scott.
[01:48:38.240 --> 01:48:41.240]  I just gave you the definition of motor vehicle.
[01:48:41.240 --> 01:48:45.240]  No, you gave me motor vehicle, which contains the term vehicle.
[01:48:45.240 --> 01:48:49.240]  Now, read the legal definition of vehicle.
[01:48:49.240 --> 01:48:53.240]  What you're reading in motor vehicle is a compound definition.
[01:48:53.240 --> 01:48:59.240]  It contains other terms that have separate definitions of their own.
[01:48:59.240 --> 01:49:03.240]  Well, again, if you can go back to the code, hold on.
[01:49:03.240 --> 01:49:09.240]  As far as the requirement to have a license, that's in the Texas Transportation Code 521.021.
[01:49:09.240 --> 01:49:10.240]  No, wait, wait, wait.
[01:49:10.240 --> 01:49:12.240]  We're talking about the word vehicle here.
[01:49:12.240 --> 01:49:13.240]  Okay.
[01:49:13.240 --> 01:49:14.240]  Well, let me go back to that.
[01:49:14.240 --> 01:49:15.240]  Okay.
[01:49:15.240 --> 01:49:18.240]  That has a commercial meaning.
[01:49:18.240 --> 01:49:22.240]  There's no mention of the word commercial in the definition of motor vehicle in the
[01:49:22.240 --> 01:49:23.240]  Texas.
[01:49:23.240 --> 01:49:24.240]  What code are you in, Scott?
[01:49:24.240 --> 01:49:26.240]  What code are you reading from?
[01:49:26.240 --> 01:49:29.240]  Texas Transportation Code section.
[01:49:29.240 --> 01:49:32.240]  Transportation, Scott, that is commercial.
[01:49:32.240 --> 01:49:35.240]  Look up the definition of transportation.
[01:49:35.240 --> 01:49:39.240]  It's a transportation code.
[01:49:39.240 --> 01:49:45.240]  Anything written in it is directed squarely at transportation.
[01:49:45.240 --> 01:49:49.240]  It doesn't deal with anything else.
[01:49:49.240 --> 01:49:55.240]  From Texas or any other state, it says transportation refers only to commercial vehicles.
[01:49:55.240 --> 01:49:58.240]  The courts do.
[01:49:58.240 --> 01:50:05.240]  The courts have never defined the term transportation to mean anything other than commerce or trade
[01:50:05.240 --> 01:50:11.240]  or the movement of exiled prisoners to a penal colony.
[01:50:11.240 --> 01:50:17.240]  That's the only legal definition that's ever been given for transportation.
[01:50:17.240 --> 01:50:22.240]  Well, again, cite me a statute or a case that says that.
[01:50:22.240 --> 01:50:24.240]  I mean, you're saying it doesn't make it so.
[01:50:24.240 --> 01:50:26.240]  I'm reading the law right here.
[01:50:26.240 --> 01:50:30.240]  Don't look up every statute that defines the term.
[01:50:30.240 --> 01:50:36.240]  You'll notice the Texas Transportation Code does not define the term at all.
[01:50:36.240 --> 01:50:43.240]  So the only place you can go to find it is to case law and the legal dictionary.
[01:50:43.240 --> 01:50:44.240]  Legal dictionary.
[01:50:44.240 --> 01:50:49.240]  I mean, for one thing, you want to use boobies, which was 150 years out of date.
[01:50:49.240 --> 01:50:52.240]  And it's supporting from 3rd and 4th edition blacks.
[01:50:52.240 --> 01:50:57.240]  Well, no, the Supreme Court, they're stupid because it's what they use.
[01:50:57.240 --> 01:51:00.240]  No, the Supreme Court usually uses black squad dictionary.
[01:51:00.240 --> 01:51:01.240]  No, they do not.
[01:51:01.240 --> 01:51:05.240]  The Supreme Court uses only boobies.
[01:51:05.240 --> 01:51:10.240]  Well, I've been an attorney for 13 years and I've seen them quote black on more than one occasion.
[01:51:10.240 --> 01:51:11.240]  So you're something wrong.
[01:51:11.240 --> 01:51:17.240]  When it's used in your briefs and everything, they will use what you're referring to.
[01:51:17.240 --> 01:51:24.240]  But if you've been an attorney this long and still can't read law, how do your clients feel about employing you?
[01:51:24.240 --> 01:51:27.240]  I mean, most of the time, my results are good, so they feel pretty good about it.
[01:51:27.240 --> 01:51:29.240]  Well, so are mine.
[01:51:29.240 --> 01:51:32.240]  So why am I wrong if my results are working?
[01:51:32.240 --> 01:51:34.240]  How would they work if they were wrong?
[01:51:34.240 --> 01:51:42.240]  Okay, look, Colin, I've got to break in here, guys, because we could argue for another three hours and we have seven minutes left of the show and another caller.
[01:51:42.240 --> 01:51:49.240]  So Scott, why don't you call back in on our Friday info marathon and then you can argue with Randy and Eddie some more, okay?
[01:51:49.240 --> 01:51:50.240]  Okay.
[01:51:50.240 --> 01:51:51.240]  All right, thanks.
[01:51:51.240 --> 01:51:54.240]  We're going to go now to Julius in Texas.
[01:51:54.240 --> 01:51:55.240]  Julius, thank you for calling in.
[01:51:55.240 --> 01:51:57.240]  What's on your mind tonight?
[01:51:57.240 --> 01:51:58.240]  Hi, Deborah.
[01:51:58.240 --> 01:51:59.240]  Hi, Eddie.
[01:51:59.240 --> 01:52:07.240]  I'll tell you what's on my mind and I just wanted to say, you know, one thing about the licensing and everything and Eddie had brought up a great point.
[01:52:07.240 --> 01:52:17.240]  You know, many times I've heard him say it, that the license is used for commercial transportation, which involves for carry or for hire.
[01:52:17.240 --> 01:52:35.240]  So if you want to use your license to, say, have a little business on your own, if you were going to transport people to and from, are there any particular codes that you need to follow along with, say, the ground transportation?
[01:52:35.240 --> 01:52:49.240]  Is the city of Austin ground transportation or do you even have to go through that entity if you were going to use your own car to transport people for hire or for compensation?
[01:52:49.240 --> 01:52:50.240]  So that's my question.
[01:52:50.240 --> 01:52:58.240]  My question is, do you have to get caught up in any kind of red tape or go through what the taxis do or anything like that?
[01:52:58.240 --> 01:53:00.240]  Is there any particular?
[01:53:00.240 --> 01:53:15.240]  To answer your question, Julius, if you're going to use it for that purpose and it is something that meets the legal definitions as far as the mechanics, bill, make or anything like that of what you're using, then yes, you do.
[01:53:15.240 --> 01:53:24.240]  The reason for that is, is the necessity for public safety when it comes to the use of those particular items for the purpose of business.
[01:53:24.240 --> 01:53:32.240]  The government can regulate those activities that have a direct impact on the health safety and welfare of the general public.
[01:53:32.240 --> 01:53:36.240]  But notice, regulate the commercial activities.
[01:53:36.240 --> 01:53:49.240]  Not every activity, just those that are in commerce or if they're private, they would have to have a direct derogatory effect on the public health and welfare.
[01:53:49.240 --> 01:54:02.240]  Such as for instance, somebody that lives in a suburban neighborhood but stores a 25,000 gallon fuel tank full of gasoline on their quarter acre lot behind their house.
[01:54:02.240 --> 01:54:08.240]  That's not a good place for that type of facility in the middle of a bunch of living dwellings.
[01:54:08.240 --> 01:54:10.240]  Right, I see.
[01:54:10.240 --> 01:54:20.240]  Okay, but now by the same token, if you lived on 50 acres out in the middle of nowhere and you stored that out there, there wouldn't be a thing in the world they could say about it.
[01:54:20.240 --> 01:54:24.240]  I see.
[01:54:24.240 --> 01:54:40.240]  So again, only where they can show a direct effect on the public health and welfare can they do it at all. And they cannot make the argument that reasonable regulation means licensing of the right to use your car.
[01:54:40.240 --> 01:54:49.240]  That's not a reasonable regulation because all you have to do to deprive me of my right to my property is deny me the license.
[01:54:49.240 --> 01:54:52.240]  That's not a reasonable regulation.
[01:54:52.240 --> 01:55:01.240]  Now, what he's referring to in the case he was trying to read earlier, what the court is saying plain and simple when it talks about regulation.
[01:55:01.240 --> 01:55:15.240]  They can mark the highways for purposes such as traffic signals, stop signs, yield signs, you know, center lanes, lane dividers, things of that nature to lessen the possibility of public endangerment.
[01:55:15.240 --> 01:55:27.240]  But the roads still belong to the people, not to the state. The state is our caretaker of that property. That's all. They don't own it. We do.
[01:55:27.240 --> 01:55:40.240]  Right, I see. And a very, very interesting point I know that you've made on several few other shows, and I remember this, was that just using the words motor vehicle.
[01:55:40.240 --> 01:55:56.240]  When you are involved in any kind of, let's say, police officer stopping you and you are traveling, ha ha, meaning that you are not transporting any goods, people for money or hire, rather than you're traveling.
[01:55:56.240 --> 01:56:00.240]  And you're, guess what, not in a motor vehicle.
[01:56:00.240 --> 01:56:01.240]  That's correct.
[01:56:01.240 --> 01:56:03.240]  That's how you describe it.
[01:56:03.240 --> 01:56:15.240]  Exactly. I'm not in a motor vehicle. I'm not engaging in any type of transportation or commerce, none. And that's exactly what this federal lawsuit's going after them on.
[01:56:15.240 --> 01:56:34.240]  Yeah, and you want to stay away from these terms or terminologies. Don't even use them. Don't talk about them. Speak about them and stay away from them. Because once you, I guess, admit that you're traveling in a motor vehicle, then aren't you subject to the transportation code?
[01:56:34.240 --> 01:56:47.240]  Well, again, is the use to which the license applies in effect. They were back to the circumstances again. You can be in a motor vehicle and not be engaging in commerce.
[01:56:47.240 --> 01:56:58.240]  For instance, a taxi driver that is off duty, he has his light turned off, he is going home. He is not actively engaging in commerce any longer.
[01:56:58.240 --> 01:57:09.240]  And if he's ready to, all he has to do is flip his lights back on. He's already licensed for that purpose. His automobile is registered as a motor vehicle for that purpose.
[01:57:09.240 --> 01:57:20.240]  But if he's not actively engaging in the act to which the license applies, he's not in doing it. And those rules no longer apply.
[01:57:20.240 --> 01:57:31.240]  So what about ticketing, Eddie? I mean, in other words, especially you're driving home from your taxiing service, whatever, you have no one for hire, you're not transporting goods, you're not making any money.
[01:57:31.240 --> 01:57:43.240]  And the officer stops you and says, officer, first moves out of my mouth is officer. I am traveling right now. You have stopped me. And could you please tell me what that's all about?
[01:57:43.240 --> 01:57:55.240]  And who approached the officer and the officer says, well, I caught you with this or that or that infraction, maybe your registration is expired or this or that or that.
[01:57:55.240 --> 01:58:03.240]  Am I still under all the transportation code, this, that or that? That's my question.
[01:58:03.240 --> 01:58:15.240]  At that particular moment, no. If you turned your on duty light back on and went to picking up passengers and your tags are expired. Yes, now you've got a problem.
[01:58:15.240 --> 01:58:24.240]  But if you're not engaging in the regulated activity, the license and everything attached to it does not apply.
[01:58:24.240 --> 01:58:35.240]  If I put an installation in your attic, you can't find me for not having an electrician's license. I'm not doing anything involving installing electricity in somebody's house.
[01:58:35.240 --> 01:58:38.240]  It's common sense.
[01:58:38.240 --> 01:58:40.240]  Yeah.
[01:58:40.240 --> 01:58:47.240]  All right. Okay, Julius, is that all? We're about to end the show. So thanks for calling in.
[01:58:47.240 --> 01:58:57.240]  All right, folks, this has been Rule of Law Radio, the Monday Night Traffic Show. Thanks for listening. Thanks to all the callers. We'll be back on Thursday night with our regular show starting at 8 p.m.
[01:58:57.240 --> 01:59:18.240]  See you again.
[01:59:27.240 --> 01:59:42.240]  We'll be back on Thursday night with our regular show starting at 8 p.m.
[01:59:42.240 --> 02:00:00.240]  To get your free copy of the New Testament recovery version, call us toll free at 888-551-0102. That's 888-551-0102 or visit us online at bfa.org.