[00:00.000 --> 00:05.720] The following newsflash is brought to you by The Low Star Lowdowns, providing you with [00:05.720 --> 00:12.880] early bulletins for the commodities market, today in history, news updates, and the inside [00:12.880 --> 00:21.320] scoop into the tides of the alternative. [00:21.320 --> 00:27.560] Markets for Wednesday, the 6th of February, 2019, open with gold at $1,313.70 an ounce, [00:27.560 --> 00:35.040] silver at $15.77 an ounce, copper at $2.83 an ounce, oil at Texas Crude at $3.66 a barrel, [00:35.040 --> 00:40.360] Brent Crude at $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin [00:40.360 --> 00:54.120] at $3,401.64, Ripple at XRP at $0.29, Ethereum at $10.10, and Eos at $2.32 a crypto coin. [00:54.120 --> 00:59.720] Today in History, the year 1918, British women over the age of 30 who meet minimum property [00:59.720 --> 01:04.640] qualifications get the right to vote when the representation of the People Act of 1918 [01:04.640 --> 01:09.640] was passed by Parliament. [01:09.640 --> 01:14.320] In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal [01:14.320 --> 01:19.040] court stop the state from flagging about 95,000 people as potentially illegally registered [01:19.040 --> 01:20.040] to vote. [01:20.040 --> 01:24.680] The lawsuit was compiled after an 11-month-long investigation by the Office of the Texas Secretary [01:24.680 --> 01:29.520] of State and the Texas Department of Public Safety, which sought to identify non-U.S. [01:29.520 --> 01:33.400] citizens who were registered to vote when obtaining age orders license. [01:33.400 --> 01:37.120] Over half of the 95,000 didn't devote, it seems. [01:37.120 --> 01:41.120] However, further controversy was raised when it became clear that some of the names were [01:41.120 --> 01:45.680] not in fact belonging to those who were non-citizens and registered. [01:45.680 --> 01:50.880] Flagging around 25% of all Latino immigrants become naturalized, gaining the right to vote. [01:50.880 --> 01:55.280] Registered voters who receive letters querying their citizenship have 30 days to respond [01:55.280 --> 01:57.120] with proof of eligibility. [01:57.120 --> 02:01.280] Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have [02:01.280 --> 02:09.040] yet to officially comment regarding this list and any updates pertaining to it. [02:09.040 --> 02:14.440] A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after [02:14.440 --> 02:17.000] an artery, vape pen, exploded while he was using it. [02:17.000 --> 02:20.720] It apparently happened in the parking lot of the vape shop where he got it. [02:20.720 --> 02:24.320] An x-ray revealed that a piece of metal was embedded in his brainstem. [02:24.320 --> 02:30.520] The vape store's smoke and vape DZ has refused to comment. [02:30.520 --> 02:35.280] First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of [02:35.280 --> 02:40.240] Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association [02:40.240 --> 02:44.640] Conference, which will be taking place at the Corpus Christi Omni Hotel from February [02:44.640 --> 02:47.520] 14th to 16th, 6 to 9 p.m. [02:47.520 --> 02:51.520] You can find the interview at kiiitv.com. [02:51.520 --> 03:20.520] This is Rick Rody with your lowdown for February 6th, 2019. [03:20.520 --> 03:45.640] All right, folks, good evening, this is the Monday Night Roll-A-Blaw radio show with [03:45.640 --> 03:50.640] your host, Eddie Craig, sounds like you might have a kind of messy connection here, I don't [03:50.640 --> 03:51.640] know why that would be. [03:51.640 --> 03:55.640] But anyway, let's get looking and working through this. [03:55.640 --> 04:00.480] I'm not going around the night so if I'm going in garbled, I apologize. [04:00.480 --> 04:07.720] Okay, the thing I want to talk to you about tonight is an article that I published on [04:07.720 --> 04:14.600] my blog here a while back, and it was the one titled, Civil Infractions and What to [04:14.600 --> 04:17.600] Do If Your State Has Them. [04:17.600 --> 04:25.400] Now the reason for that article was dealing with how the courts have always talked about [04:25.400 --> 04:30.560] and ruled upon the issue of probable cause or reasonable suspicion. [04:30.560 --> 04:37.800] In virtually every ruling they've ever had, the issue has always revolved around whether [04:37.800 --> 04:45.160] or not reasonable suspicion or probable cause can exist absent the presence of criminal [04:45.160 --> 04:53.680] conduct that a reasonable person would indicate such criminal conduct was afoot, whether past, [04:53.680 --> 04:56.840] present, or future. [04:56.840 --> 05:00.680] That is everything their case has ever discussed on this issue. [05:00.680 --> 05:10.440] Well the purpose of that article dealt with civil infractions, okay, and places like California [05:10.440 --> 05:18.200] where those civil infractions are exactly that, they're civil, which means that you can't [05:18.200 --> 05:26.240] be arrested for them, you can't get jailed for them, so where can you possibly get probable [05:26.240 --> 05:33.320] cause for them since they are civil and not criminal. [05:33.320 --> 05:41.360] Well lo and behold, someone pointed me to a case from 1996 from the United States Supreme [05:41.360 --> 05:42.360] Court. [05:42.360 --> 05:52.480] It is called WEN vs. United States and it's W-H-R-E-N 517 U.S. 806. [05:52.480 --> 05:58.840] Now in this case, the issue was raised dealing with a civil traffic infraction in the District [05:58.840 --> 06:01.040] of Columbia. [06:01.040 --> 06:06.960] Now here is where we run into the beginning issue. [06:06.960 --> 06:13.160] First off, they admit it's civil, okay? [06:13.160 --> 06:20.440] So there's no criminal element, there's nothing that would have established probable cause [06:20.440 --> 06:25.400] under the other rulings that the Supreme Court has made in relation to what constitutes [06:25.400 --> 06:32.360] probable cause or a detention for investigation requiring reasonable suspicion and that is [06:32.360 --> 06:39.360] the presence of criminal conduct, okay? [06:39.360 --> 06:45.960] Every one of these cases, Terry vs. Ohio, MAP, all of them revolve around the commission [06:45.960 --> 06:50.240] of some sort of crime. [06:50.240 --> 06:57.080] Now in WEN, the only place they mentioned the discussion of civil was in stating the [06:57.080 --> 06:58.080] issue. [06:58.080 --> 07:04.280] Now I'm going to read you the way that they stated the issue here and you'll begin to [07:04.280 --> 07:11.200] see hopefully where they prearranged a way to make this work. [07:11.200 --> 07:16.680] In this case we decide whether the temporary detention of a motorist who the police have [07:16.680 --> 07:22.560] probable cause to believe has committed a civil traffic violation is inconsistent with [07:22.560 --> 07:27.920] the Fourth Amendment's prohibition against unreasonable seizure. [07:27.920 --> 07:32.720] Now that should have been the end of the issue right there. [07:32.720 --> 07:36.920] Is the seizure for a civil anything unreasonable? [07:36.920 --> 07:41.280] That should have been as far as the issue was stated but it wasn't. [07:41.280 --> 07:49.760] It goes on unless a reasonable officer would have been motivated to stop the car by a desire [07:49.760 --> 07:52.720] to enforce the traffic laws. [07:52.720 --> 07:59.960] Now here's the thing, the traffic law if it applied in the first place could be enforced [07:59.960 --> 08:04.240] by calling the individual into court without the seizure. [08:04.240 --> 08:09.280] The officer witnesses the violation, he records the information from the offending car, he [08:09.280 --> 08:14.320] sends a notice to whoever the car is registered to and they do what they do with the red light [08:14.320 --> 08:16.840] camera ticket situation, same BS. [08:16.840 --> 08:20.520] You've got to come in and say it either was me or wasn't me in the car that day, blah, [08:20.520 --> 08:23.160] blah, blah, blah, blah. [08:23.160 --> 08:28.960] So this goes to another article that I wrote about what does reasonable even mean anymore. [08:28.960 --> 08:42.200] Here in Texas there is no law that requires an officer to enforce these statutes, none. [08:42.200 --> 08:48.320] Because in every instance the officer is only required to issue a citation and obtain a [08:48.320 --> 08:55.520] signature on a citation for only two offenses out of the entire code, speeding an open container. [08:55.520 --> 08:59.800] Those are the only two of the Texas statutes require the issuance of a citation requiring [08:59.800 --> 09:03.520] a signature on, okay? [09:03.520 --> 09:10.000] They do those wrong anyway and we've gone into other issues on that and how the speeding [09:10.000 --> 09:14.320] works here in Texas is that there are no set speed limits in Texas and there never has [09:14.320 --> 09:19.200] been but they try to treat it as if there is when in fact the law itself makes it very [09:19.200 --> 09:23.400] clear there is no such thing in Texas. [09:23.400 --> 09:28.800] So how would any reasonable person determine that speeding had occurred if they have not [09:28.800 --> 09:35.280] applied the necessary elements of the offense from the code that requires A number one, [09:35.280 --> 09:42.040] the person to be engaged in transportation and number two, that the person collided with [09:42.040 --> 09:46.960] another person or vehicle already lawfully upon or entering the highway and that speed [09:46.960 --> 09:52.640] was the factor that resulted in that collision, okay? [09:52.640 --> 10:01.160] But the way they have couched this issue is to give the cops and the courts an out in [10:01.160 --> 10:09.240] how to rule, okay, it's civil so it's unreasonable to seize them at their liberties to investigate [10:09.240 --> 10:14.280] something civil unless of course we phrase the question would a reasonable officer want [10:14.280 --> 10:20.400] to enforce it so then it would be okay for everybody to enforce it and of course the [10:20.400 --> 10:23.000] entire argument in the case is pretextual. [10:23.000 --> 10:28.320] They're arguing about how the cops use traffic stops as a pretext to do other things and [10:28.320 --> 10:30.880] that's absolutely 100% true. [10:30.880 --> 10:32.600] We know this. [10:32.600 --> 10:39.120] Every time a cop stops you on a traffic offense it is a pretext to attempt to get a DUI or [10:39.120 --> 10:46.080] a drug bust elevation out of that stop at wherever possible, okay? [10:46.080 --> 10:49.400] I've shown you that time and time and time again. [10:49.400 --> 10:53.520] It's in the very list of questions they ask you, where you been, where you going, had [10:53.520 --> 10:57.880] anything to drink, you got anything illegal in the car, anything you want to tell me about, [10:57.880 --> 11:03.720] blah, blah, blah, blah, it's all intended to get you talking or to get you saying or [11:03.720 --> 11:09.960] acting in a way that gives that officer the ability to escalate that situation into something [11:09.960 --> 11:16.320] other than a traffic stop, period, okay? [11:16.320 --> 11:24.920] Now that being the case, let's go on back to RIN and see why this constitutes a problem. [11:24.920 --> 11:31.640] The final ruling they made was that it's A-OK for the cops to stop you for a civil infraction [11:31.640 --> 11:33.880] and detain you for it. [11:33.880 --> 11:38.600] Yet we have case law in several states that says it's absolutely illegal for the cop to [11:38.600 --> 11:40.920] detain you for something civil. [11:40.920 --> 11:47.160] In Florida, Trevisant versus City of Tampa, they put the man in a jail cell for 23 minutes. [11:47.160 --> 11:50.000] He got 25 grand because of it. [11:50.000 --> 11:51.000] Why? [11:51.000 --> 11:58.480] Because there was no crime and they put him in a jail cell. [11:58.480 --> 11:59.920] You get it? [11:59.920 --> 12:07.400] The inconsistency here is huge about what constitutes reasonable suspicion or probable [12:07.400 --> 12:10.720] cause. [12:10.720 --> 12:15.960] Now we can get arrested for anything that the government creates a law for, whether it's [12:15.960 --> 12:23.320] civil or criminal, and in Texas, remember, this is not simply a detention. [12:23.320 --> 12:33.800] Texas law is very clear that you are under arrest in every single traffic stop. [12:33.800 --> 12:39.760] It's not a detention, it's a freaking arrest, but of course, the Supreme Court only deals [12:39.760 --> 12:41.240] with generalities. [12:41.240 --> 12:48.400] They never deal with specifics of an individual state's law when they create these ignorant, [12:48.400 --> 12:55.920] unconstitutional treasonous opinions like this. [12:55.920 --> 13:05.960] And worst of all, the justice that delivered this opinion, Scalia, he's the one that delivered [13:05.960 --> 13:11.760] this opinion, so much for the constitutionalist. [13:11.760 --> 13:18.760] The Supreme Court has yet to ever directly and fundamentally address, just like the right [13:18.760 --> 13:24.720] to keep and bear arms as being an individual right, they have never bothered to directly [13:24.720 --> 13:30.160] address the fundamental right of the people to move about the land in an automobile free [13:30.160 --> 13:37.160] from government restrictions, licensing, registration, and all this other bull crap that does not [13:37.160 --> 13:42.320] apply to you and I in the exercise of a fundamental right, which is our right of liberty, our [13:42.320 --> 13:47.120] right to ingress and egress from all the states of the Union. [13:47.120 --> 13:51.080] We have the right to pick and choose how we move about the land. [13:51.080 --> 13:58.000] We can do it on anything, any way we want, as long as we exercise our public duty of [13:58.000 --> 14:03.600] due care to not injure the rights and property of another when we do it. [14:03.600 --> 14:10.000] And that's as far as the discussion needs to go. [14:10.000 --> 14:18.760] Now not addressing the individual state law on these issues, the Supreme Court is doing [14:18.760 --> 14:23.120] nothing but muddying the water across the board for everyone. [14:23.120 --> 14:25.400] Hell, they're not even muddy in the water. [14:25.400 --> 14:35.920] They are diarrhea crapping in the entire pool and telling you keep swimming in it. [14:35.920 --> 14:44.440] This is the kind of crap that we have endured for far too long. [14:44.440 --> 14:52.080] They use traffic as an intrusion into areas where they were originally forbidden to ever [14:52.080 --> 14:57.680] reach, end of story, okay? [14:57.680 --> 15:04.200] The government is not supposed to be a part of the daily lives of Americans. [15:04.200 --> 15:11.440] It is supposed to operate absent interaction with us except for when we go in to petition [15:11.440 --> 15:16.600] it for something or where we have harmed the rights and property of another and punishment [15:16.600 --> 15:20.520] is due. [15:20.520 --> 15:27.240] Now while I don't believe the pure form of anarchy will ever work in this country, I [15:27.240 --> 15:35.400] am coming more and more to the conclusion that what we need is a good old-fashioned rewrite [15:35.400 --> 15:44.680] of American government to remove government entirely and privatize everything so that [15:44.680 --> 15:52.120] that private entity is absolutely liable and culpable for anything they do that harms [15:52.120 --> 15:58.760] someone else because they don't have people like the United States Supreme Court covering [15:58.760 --> 16:04.840] for them by trying to rewrite the Bill of Rights to suit the functions of government [16:04.840 --> 16:10.520] rather than the functions of government operating within the Bill of Rights and the limits of [16:10.520 --> 16:24.000] the power that we delegated to them because they absolutely don't do it. [16:24.000 --> 16:26.040] Now think about that. [16:26.040 --> 16:29.520] They absolutely don't. [16:29.520 --> 16:33.720] All right. [16:33.720 --> 16:34.720] I hear music. [16:34.720 --> 16:35.880] I think we're going to a break. [16:35.880 --> 16:51.880] I can barely hear the music so we'll see what happens here in a minute. [16:51.880 --> 16:52.880] Okay. [16:52.880 --> 16:53.880] All right. [16:53.880 --> 16:54.880] There we go. [16:54.880 --> 16:55.880] We'll be right back. [16:55.880 --> 17:05.560] Rule of law radio is proud to offer the rule of law traffic seminar in today's America. [17:05.560 --> 17:08.720] We live in an us against them society and if we the people are ever going to have a free [17:08.720 --> 17:12.040] society then we're going to have to stand and defend our own rights. [17:12.040 --> 17:15.400] Among those rights are the right to travel freely from place to place, the right to act [17:15.400 --> 17:19.440] in our own private capacity and most importantly the right to due process of law. [17:19.440 --> 17:23.280] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [17:23.280 --> 17:25.280] our rights through due process. [17:25.280 --> 17:28.640] Sheriff's deputy Eddie Craig in conjunction with rule of law radio has put together the [17:28.640 --> 17:32.400] most comprehensive teaching tool available that will help you understand what due process [17:32.400 --> 17:34.800] is and how to hold courts to the rule of law. [17:34.800 --> 17:38.760] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [17:38.760 --> 17:40.120] ordering your copy today. [17:40.120 --> 17:43.320] By ordering now you'll receive a copy of Eddie's book, the Texas Transportation Code, [17:43.320 --> 17:47.880] The Law vs. the Lie, video and audio of the original 2009 seminar, hundreds of research [17:47.880 --> 17:50.200] documents and other useful resource material. [17:50.200 --> 17:54.160] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [17:54.160 --> 18:00.760] After your copy today and together we can have the free society we all want and deserve. [18:00.760 --> 18:06.040] Are you being harassed by debt collectors with phone calls, letters or even lawsuits? [18:06.040 --> 18:09.520] Stop debt collectors now with the Michael Meyers Proven Method. [18:09.520 --> 18:13.880] Michael Meyers has won six cases in federal court against debt collectors and now you [18:13.880 --> 18:14.880] can win two. [18:14.880 --> 18:19.680] You'll get step-by-step instructions in plain English on how to win in court using federal [18:19.680 --> 18:21.360] civil rights statutes. [18:21.360 --> 18:26.120] What to do when contacted by phones, mail or court summons, how to answer letters and [18:26.120 --> 18:30.520] phone calls, how to get debt collectors out of your credit report, how to turn the financial [18:30.520 --> 18:34.280] tables on them and make them pay you to go away. [18:34.280 --> 18:39.400] The Michael Meyers Proven Method is the solution for how to stop debt collectors. [18:39.400 --> 18:41.560] Personal consultation is available as well. [18:41.560 --> 18:47.080] For more information please visit ruleoflawradio.com and click on the blue Michael Meyers banner [18:47.080 --> 18:50.080] or email Michael Meyers at yahoo.com. [18:50.080 --> 18:57.760] It's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com. [18:57.760 --> 19:07.760] To learn how to stop debt collectors next, you are listening to the Logos Radio Network [19:07.760 --> 19:26.400] at yahoo.com. [19:26.400 --> 19:28.200] Alright folks, we are back. [19:28.200 --> 19:30.000] This is rule of law radio. [19:30.000 --> 19:34.760] Oh, by the way, it is April 1st, April Fool's Day. [19:34.760 --> 19:39.760] Unfortunately, there is nothing I'm saying to you that is part of April Fool's. [19:39.760 --> 19:41.520] This is very, very real. [19:41.520 --> 19:42.920] This case actually exists. [19:42.920 --> 19:47.920] This decision was actually handed down and these people are actually treasonous criminals. [19:47.920 --> 19:48.920] Okay? [19:48.920 --> 19:52.480] Now, why is this ruling such a problem? [19:52.480 --> 19:58.720] Well, first off, it means the legislature can empower a police officer to arrest you [19:58.720 --> 20:01.920] for anything. [20:01.920 --> 20:06.600] Absolutely anything. [20:06.600 --> 20:14.200] And because the legislature authorized it, the way the Supreme Court worded this ruling [20:14.200 --> 20:22.640] as long as there's a state law or some other law that says so, nothing about it is unreasonable. [20:22.640 --> 20:32.760] Did you get that? [20:32.760 --> 20:38.720] Government now has the monopoly on what the Constitution determines to be reasonable under [20:38.720 --> 20:41.120] the Bill of Rights. [20:41.120 --> 20:50.000] So as you can see, they are now and have been for a while in full control of what the Bill [20:50.000 --> 20:54.920] of Rights can or cannot do, does or does not do. [20:54.920 --> 21:06.160] And they can eliminate any protection or any prohibition that it contains by opinions just [21:06.160 --> 21:10.960] like this one, okay? [21:10.960 --> 21:16.680] And see, they even go into this where, let's see, when the police car executed a U-turn [21:16.680 --> 21:20.600] in order to head back toward the truck, the path finder turns suddenly to its right without [21:20.600 --> 21:25.960] signaling and sped off at an unreasonable speed and unreasonable as in quotes, okay? [21:25.960 --> 21:30.920] Who gets to determine what an unreasonable speed is? [21:30.920 --> 21:38.360] If it's the officer and not the law, then how did that happen? [21:38.360 --> 21:41.920] Because unreasonable is subjective. [21:41.920 --> 21:45.880] It's 100% subjective. [21:45.880 --> 21:49.880] The officer can argue it's unreasonable because it's faster than the posted speed limit. [21:49.880 --> 21:52.800] But here in Texas, the posted speed limit is a suggestion. [21:52.800 --> 21:57.440] It's not an order, okay? [21:57.440 --> 22:03.200] So where would he get unreasonable from when the law itself says traveling in excess of [22:03.200 --> 22:10.040] the posted speed is not unreasonable if the person has not collided with another person [22:10.040 --> 22:17.800] or vehicle lawfully entering or already upon the highway because their speed was excessive. [22:17.800 --> 22:26.920] And if you read it, 545.351 and 352, you will, yeah, 351A and 352 is actually what the speed [22:26.920 --> 22:34.720] limits are, but they can't exist and operate without 351, which says how enforcement would [22:34.720 --> 22:41.400] occur if Texas actually defined an offense for speeding, which is another issue it flat [22:41.400 --> 22:44.200] out does not. [22:44.200 --> 22:54.080] Nowhere in Texas law anywhere will you find the word offense associated with speeding. [22:54.080 --> 22:56.100] You will not find the word misdemeanor. [22:56.100 --> 22:58.120] You will not find the word offense. [22:58.120 --> 23:02.000] You will not find the phrasing a person commits an offense if. [23:02.000 --> 23:09.160] In the penal code under 1.03 says very, very clearly that if Texas law does not specifically [23:09.160 --> 23:15.160] define an offense, then no offense has been committed. [23:15.160 --> 23:20.840] And when they fail to define the offense, they fail to define the proper necessary elements [23:20.840 --> 23:22.640] to prove the offense. [23:22.640 --> 23:28.320] And that's why you can get convicted of speeding in a Texas court under a multitude and variation [23:28.320 --> 23:36.560] of elements because no law sits down and says the elements of an offense for speeding are [23:36.560 --> 23:39.720] because it does not exist. [23:39.720 --> 23:42.560] So what the hell are they enforcing? [23:42.560 --> 23:46.720] Their imagination is what they are enforcing. [23:46.720 --> 23:54.040] And this ruling right here by the United States Supreme Court makes the officers active imagination [23:54.040 --> 24:01.880] and personal opinion paramount to the dad blame law and the rights of the people individually [24:01.880 --> 24:07.320] to be free from unreasonable searches and seizures. [24:07.320 --> 24:17.000] Because where no law defines an offense, a seizure for a made up offense is 100% unreasonable. [24:17.000 --> 24:19.360] Get it? [24:19.360 --> 24:25.840] That should not be rocket science, except maybe to the Supreme Court and everyone sitting [24:25.840 --> 24:26.840] up there. [24:26.840 --> 24:31.000] Apparently there it is rocket science. [24:31.000 --> 24:39.360] Okay, now if you want to look that up, like I said, the case is W.H.R.E.N. versus United [24:39.360 --> 24:45.560] States 517 U.S. 806 1996. [24:45.560 --> 24:47.160] And you can get it on Google Scholar. [24:47.160 --> 24:49.520] That's where I've got it. [24:49.520 --> 24:54.840] Okay, that's enough of a rant for tonight about how this isn't working. [24:54.840 --> 24:58.800] So that said, let's see what our callers have to talk about. [24:58.800 --> 25:03.280] Right now I do not have a call screener so I don't have any names at the moment coming [25:03.280 --> 25:04.640] up on the board. [25:04.640 --> 25:09.280] So I'm going to just call out your area code and if it's your area code, according to what [25:09.280 --> 25:13.320] I'm seeing, then just speak up and I'll let you know if I hear you. [25:13.320 --> 25:18.360] Right now area code 469, who am I talking to? [25:18.360 --> 25:19.360] Troy. [25:19.360 --> 25:20.360] Troy? [25:20.360 --> 25:21.360] Yes, sir. [25:21.360 --> 25:24.680] Troy, where are you calling from? [25:24.680 --> 25:25.680] Dallas, Texas. [25:25.680 --> 25:26.680] All right. [25:26.680 --> 25:27.680] What can we do for you? [25:27.680 --> 25:28.680] Yes, sir. [25:28.680 --> 25:34.720] So it's not actually an issue pertaining to me as my wife. [25:34.720 --> 25:38.200] So she was issued a citation. [25:38.200 --> 25:46.440] She was dropping me off at school and he had pulled into a handicapped parking spot and [25:46.440 --> 25:50.280] we were sitting there, she never turned the car off. [25:50.280 --> 25:57.080] We were sitting there for no more than 10, 15 minutes and then the campus police pulled [25:57.080 --> 26:04.720] up, issued her a citation but she never gave any correlating information to transportation [26:04.720 --> 26:10.200] such as license, insurance, you know, we've been kind of following you so we knew not [26:10.200 --> 26:11.200] to do that. [26:11.200 --> 26:17.920] Yeah, but the problem here is where you parked in this particular instance. [26:17.920 --> 26:23.840] That is not strictly governed by transportation alone. [26:23.840 --> 26:26.440] Therein lies the rub. [26:26.440 --> 26:27.440] Okay. [26:27.440 --> 26:28.440] Okay. [26:28.440 --> 26:33.840] If I'm, I could be mistaken, they may have changed it here recently but part of that [26:33.840 --> 26:37.440] is also under the public health and welfare code. [26:37.440 --> 26:38.440] Okay. [26:38.440 --> 26:40.200] All right. [26:40.200 --> 26:43.040] Because it's a handicapped spot. [26:43.040 --> 26:47.360] Now that may no longer be the case but it was the case. [26:47.360 --> 26:52.200] So you need to do some reading on that to make sure but anyway what is exactly is your [26:52.200 --> 26:57.720] question and stop pulling into handicapped parking spots. [26:57.720 --> 27:02.680] Do a dive out the door on a roll by if you have to but don't pull into handicapped parking [27:02.680 --> 27:07.080] spots if you don't have one of those placards because all you're doing is waving the red [27:07.080 --> 27:10.400] at the bull and the fence is too high for you to jump. [27:10.400 --> 27:12.200] All right. [27:12.200 --> 27:13.920] I got you. [27:13.920 --> 27:20.960] Now when he issued her the citation, she wrote on there no contract instead of signing [27:20.960 --> 27:21.960] her name. [27:21.960 --> 27:22.960] Well, too bad. [27:22.960 --> 27:27.200] It was never a contract to begin with. [27:27.200 --> 27:31.680] Imagine how people would get convicted if they got caught red handed in a burglary and [27:31.680 --> 27:37.300] all they had to do on the complaint was write no contract and go home. [27:37.300 --> 27:38.680] How would that work? [27:38.680 --> 27:39.680] Right. [27:39.680 --> 27:43.360] Same thing with murder, right? [27:43.360 --> 27:44.360] Right. [27:44.360 --> 27:45.360] Okay. [27:45.360 --> 27:46.360] Robbery, right? [27:46.360 --> 27:47.360] Point taken. [27:47.360 --> 27:48.360] Okay. [27:48.360 --> 27:56.360] So this is not a contract. [27:56.360 --> 28:00.080] So wherever you're getting that information stop reading that source. [28:00.080 --> 28:02.080] That's wrong. [28:02.080 --> 28:04.080] Okay. [28:04.080 --> 28:11.280] Now, she went appeared, she special appeared to the justice of the peace where they told [28:11.280 --> 28:21.440] her to on the citation and she was trying to, I guess, establish jurisdiction by speaking [28:21.440 --> 28:22.560] to the judge. [28:22.560 --> 28:27.280] What do you mean she was trying to establish jurisdiction? [28:27.280 --> 28:33.720] Was she establishing it or was she trying to challenge it? [28:33.720 --> 28:40.360] Or challenge, I'm sorry, challenge by asking if it was civil or criminal and they wouldn't [28:40.360 --> 28:45.120] allow her to do anything until she entered a plea. [28:45.120 --> 28:52.560] Well, she can't talk to the judge about the facts of the case in the absence of the prosecutor. [28:52.560 --> 28:54.560] It's that simple. [28:54.560 --> 29:01.460] So they were never going to let her see the judge plea or no plea to argue that point. [29:01.460 --> 29:06.200] She has to go talk to the prosecutor if she wants to answer that question because that's [29:06.200 --> 29:08.000] the opposing counsel. [29:08.000 --> 29:12.600] The court cannot deal with you separately and be legal. [29:12.600 --> 29:14.720] They have to do it jointly. [29:14.720 --> 29:22.760] You're either both present or you're both not talking, okay? [29:22.760 --> 29:26.040] So did she enter a plea? [29:26.040 --> 29:28.120] No, she did not. [29:28.120 --> 29:34.680] They pretty much ended up, she talked to the supervisor, a bear, and they... [29:34.680 --> 29:35.680] Okay, I hear my music. [29:35.680 --> 29:36.680] Hang on just a second. [29:36.680 --> 29:39.120] Let me get this break done and I'll get back with you, okay? [29:39.120 --> 29:40.640] Hang on just a second, Troy. [29:40.640 --> 29:43.720] All right, folks, this is rule of law radio. [29:43.720 --> 29:45.840] We will be right back in a moment after this break. [29:45.840 --> 29:50.280] So y'all hang in there, 512-646-1984 is the calling number. [29:50.280 --> 29:54.000] We'll be right back. [29:54.000 --> 29:55.760] Pressure. [29:55.760 --> 30:07.160] We usually associate it with stress and negativity, but sometimes a bit of pressure can be healing. [30:07.160 --> 30:11.320] I'm Dr. Catherine Albrecht and I'll be back to tell you how conditions like nausea can [30:11.320 --> 30:16.280] be cured using the traditional Chinese therapy known as acupressure. [30:16.280 --> 30:17.880] Privacy is under attack. [30:17.880 --> 30:21.480] When you give up data about yourself, you'll never get it back again. [30:21.480 --> 30:26.280] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:26.280 --> 30:31.440] So protect your rights, say no to surveillance, and keep your information to yourself. [30:31.440 --> 30:34.040] Privacy, it's worth hanging on to. [30:34.040 --> 30:38.360] This public service announcement is brought to you by StartPage.com, the private search [30:38.360 --> 30:41.840] engine alternative to Google, Yahoo, and Bing. [30:41.840 --> 30:45.560] Start over with StartPage. [30:45.560 --> 30:49.840] Acupressure is an ancient practice that uses finger or hand pressure to cure everything [30:49.840 --> 30:51.960] from headaches to constipation. [30:51.960 --> 30:55.360] The pressure is applied to points known as meridians that are believed to control the [30:55.360 --> 30:58.120] flow of energy in the human body. [30:58.120 --> 31:00.120] Acupressure offers a simple cure for nausea. [31:00.120 --> 31:04.640] You might try the next time you get a queasy stomach or a case of motion sickness. [31:04.640 --> 31:07.800] Simply apply moderate pressure to the point known as P6. [31:07.800 --> 31:12.200] You'll find it on the inside of your wrist, about two fingers width down from your palm. [31:12.200 --> 31:17.240] Sleezing pressure on the P6 point works on the same principle as those pricey anti-nausea [31:17.240 --> 31:20.640] wristbands, but this relief is free and always on hand. [31:20.640 --> 31:30.520] I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com. [31:30.520 --> 31:35.920] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [31:35.920 --> 31:38.040] The government says that fire brought it down. [31:38.040 --> 31:42.960] Over 1,500 architects and engineers have concluded it was a controlled demolition. [31:42.960 --> 31:46.960] Over 6,000 of my fellow service members have given their lives, and thousands of my fellow [31:46.960 --> 31:48.400] force responders have died. [31:48.400 --> 31:52.240] I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction officer, [31:52.240 --> 31:56.920] I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we deserve [31:56.920 --> 31:57.920] the truth. [31:57.920 --> 32:00.200] Go to RememberBuilding7.org today. [32:00.200 --> 32:03.080] Hey, it's Danny here for Hill Country Home Improvements. [32:03.080 --> 32:06.080] Did your home receive hail or wind damage from the recent storms? [32:06.080 --> 32:09.720] Come on, we all know the government caused it with their chemtrails, but good luck getting [32:09.720 --> 32:10.720] them to pay for it. [32:10.720 --> 32:14.360] Okay, I might be kidding about the chemtrails, but I'm serious about your roof. [32:14.360 --> 32:18.160] That's why you have insurance, and Hill Country Home Improvements can handle the claim for [32:18.160 --> 32:23.400] you with little to no out-of-pocket expense, and we accept Bitcoin as a multi-year A-plus [32:23.400 --> 32:26.520] member of the Better Business Bureau with zero complaints. [32:26.520 --> 32:30.920] You can trust Hill Country Home Improvements to handle your claim and your roof right the [32:30.920 --> 32:31.920] first time. [32:31.920 --> 32:41.040] You can call 512-992-8745 or go to hillcountryhomeimprovements.com, mention the crypto show and get $100 off, and we'll donate [32:41.040 --> 32:45.200] another $100 to the Logos Radio Network to help continue this programming. [32:45.200 --> 32:50.320] So if those out-of-town roofers come knocking, your door should be locked in. [32:50.320 --> 32:56.440] That's 512-992-8745 or hillcountryhomeimprovements.com. [32:56.440 --> 32:58.640] Discounts are based on full roof replacement. [32:58.640 --> 33:05.640] And I actually be kidding about chemtrails. [33:28.640 --> 33:35.640] That's 512-992-8745. [33:58.640 --> 34:11.400] All right folks, we are back. [34:11.400 --> 34:13.600] This is Rule of Law Radio. [34:13.600 --> 34:19.800] Call in number 512-646-1984 if you want to call and get in line and discuss an issue. [34:19.800 --> 34:22.200] Right now we are talking to Troy in Texas. [34:22.200 --> 34:24.200] All right, Troy, please continue. [34:24.200 --> 34:35.680] Oh, yes, so she appeared, she went up to the Justice of the Peace and basically she didn't [34:35.680 --> 34:36.680] enter a plea. [34:36.680 --> 34:45.400] They escorted her out and then later on she went again a couple weeks later but they wouldn't [34:45.400 --> 34:46.880] allow her to enter a plea. [34:46.880 --> 34:53.360] They said they had entered a plea on her behalf and she told them that they couldn't do that [34:53.360 --> 34:55.080] because actually they can. [34:55.080 --> 35:02.040] Read Chapter 45 of the Code of Criminal Procedure under Defendant Refuses to Plea. [35:02.040 --> 35:11.440] Okay, so then back to what you were saying as far as challenging the jurisdiction to [35:11.440 --> 35:15.320] talk to the prosecutor, how would I go about doing that? [35:15.320 --> 35:17.640] Or how would she go about doing that? [35:17.640 --> 35:24.640] Well, first off, talking to people doesn't help you. [35:24.640 --> 35:26.400] We don't talk. [35:26.400 --> 35:29.400] We do everything in writing. [35:29.400 --> 35:37.320] Writing means motions, briefs, memorandums of law, written objections, et cetera. [35:37.320 --> 35:38.320] Got it? [35:38.320 --> 35:39.320] Okay. [35:39.320 --> 35:42.360] It does not mean talk. [35:42.360 --> 35:46.200] Never means talk. [35:46.200 --> 35:48.540] Everything you do needs to be in writing. [35:48.540 --> 35:50.040] Can you guess why? [35:50.040 --> 35:53.840] So that could be a record. [35:53.840 --> 35:54.840] Bingo! [35:54.840 --> 35:55.840] Because guess what? [35:55.840 --> 36:00.240] JP courts absolutely are not. [36:00.240 --> 36:01.240] Quats a record. [36:01.240 --> 36:02.240] Bingo! [36:02.240 --> 36:03.240] Guess what? [36:03.240 --> 36:06.280] Many smaller municipal courts are not. [36:06.280 --> 36:09.200] Quats a record. [36:09.200 --> 36:10.680] Bingo! [36:10.680 --> 36:13.640] Usually only the big city Muni courts are courts of record. [36:13.640 --> 36:15.600] The rest of them are not. [36:15.600 --> 36:21.560] So whose side of what is going to get read and believed at the appeal level should you [36:21.560 --> 36:23.560] take it to appeal? [36:23.560 --> 36:24.560] There. [36:24.560 --> 36:25.560] Yeah. [36:25.560 --> 36:27.560] You know why? [36:27.560 --> 36:30.600] Because there's no record. [36:30.600 --> 36:33.760] Bingo! [36:33.760 --> 36:37.360] See how this works? [36:37.360 --> 36:40.560] No matter what you might think, you are not Jesus Christ. [36:40.560 --> 36:42.360] You cannot walk on water. [36:42.360 --> 36:45.040] What you must walk on must be more solid than that. [36:45.040 --> 36:48.960] In the case of water, we're talking about courts of no record. [36:48.960 --> 36:57.800] In the case of what to walk on, it better be pilings up here or a bridge. [36:57.800 --> 37:05.320] And that is done by filing paperwork. [37:05.320 --> 37:06.320] Got it? [37:06.320 --> 37:13.400] So what are the three types of jurisdiction that you need to challenge and how would [37:13.400 --> 37:20.240] you do it? [37:20.240 --> 37:23.000] Whether it was civil or criminal? [37:23.000 --> 37:27.040] That's not jurisdiction. [37:27.040 --> 37:29.040] That's nature. [37:29.040 --> 37:31.040] Okay. [37:31.040 --> 37:36.200] Oh, you mean the transportation aspect? [37:36.200 --> 37:45.320] Again, transportation is which of the three elements of jurisdiction or the three types [37:45.320 --> 37:46.320] of jurisdiction? [37:46.320 --> 37:47.320] I'm sorry, not elements. [37:47.320 --> 37:48.320] Three types. [37:48.320 --> 37:49.320] Commercial? [37:49.320 --> 37:50.320] No. [37:50.320 --> 38:00.320] Civil, our personal, subject matter, and venue. [38:00.320 --> 38:05.000] He says civil, personal. [38:05.000 --> 38:10.920] But who, where? [38:10.920 --> 38:11.920] Got it? [38:11.920 --> 38:12.920] Okay. [38:12.920 --> 38:20.080] So transportation is the subject matter. [38:20.080 --> 38:27.640] Driver or operator is the personal and the venue is the territorial boundaries where [38:27.640 --> 38:34.320] someone acting in the legal capacity of a driver or operator committed the offense under [38:34.320 --> 38:42.120] the subject matter of transportation. [38:42.120 --> 38:43.120] Got it? [38:43.120 --> 38:44.120] Okay. [38:44.120 --> 38:56.720] But, well, how would they, when she was in transportation, how would he say she was engaged [38:56.720 --> 38:57.720] in transportation? [38:57.720 --> 39:02.080] Well, again, it depends on what they're charging her under. [39:02.080 --> 39:05.760] Are they charging her under the transportation code or are they charging her under the health [39:05.760 --> 39:07.760] and welfare code? [39:07.760 --> 39:12.080] See, you don't know, do you? [39:12.080 --> 39:17.240] It says offense traffic, so then I'm assuming transportation. [39:17.240 --> 39:18.880] Well, never assume. [39:18.880 --> 39:21.880] You know what they say about assume, right? [39:21.880 --> 39:22.880] Right. [39:22.880 --> 39:23.880] Huh? [39:23.880 --> 39:24.880] Right. [39:24.880 --> 39:30.280] But that's in the transportation code. [39:30.280 --> 39:35.560] And that's what it says on the paperwork, that is, the offense type is traffic. [39:35.560 --> 39:36.560] Okay. [39:36.560 --> 39:43.280] How many definitions throughout all the codes of Texas is the word traffic defined? [39:43.280 --> 39:53.720] Because, remember, this is not the traffic code, so how many other codes have the term [39:53.720 --> 40:02.240] traffic defined in them? [40:02.240 --> 40:04.400] It's okay if you just say, I don't know. [40:04.400 --> 40:06.400] No, I don't know. [40:06.400 --> 40:07.400] Okay. [40:07.400 --> 40:11.200] Then you are assuming, not knowing. [40:11.200 --> 40:13.200] You get me? [40:13.200 --> 40:15.200] Right. [40:15.200 --> 40:27.360] So, can another code cite an offense for traffic under itself? [40:27.360 --> 40:36.560] If that's the code where the specific offense is codified, absolutely. [40:36.560 --> 40:40.800] So first off, you've got to know what they're charging her under. [40:40.800 --> 40:46.120] If it is the transportation code, then yeah, the issue becomes, I was never engaged in [40:46.120 --> 40:53.640] any form of transportation. [40:53.640 --> 40:57.720] Now here's another question in relation to the cop. [40:57.720 --> 41:02.600] Where was the cop the entire time you were sitting there? [41:02.600 --> 41:07.480] He just pulled around the corner and rolled up on her. [41:07.480 --> 41:08.480] Okay. [41:08.480 --> 41:12.400] So you noticed whether or not he had passed you before? [41:12.400 --> 41:16.840] No, he came from around the building. [41:16.840 --> 41:19.720] You're not listening to what I'm saying. [41:19.720 --> 41:26.280] Were you situationally aware to know whether or not that particular cop had already gone [41:26.280 --> 41:32.360] around that could see you from somewhere else on some other street in order to go around [41:32.360 --> 41:36.560] the building and come back by you specifically? [41:36.560 --> 41:40.640] No. [41:40.640 --> 41:42.160] That's no you don't know? [41:42.160 --> 41:48.560] No, I wasn't situated to where I would notice him come in. [41:48.560 --> 41:49.560] Okay. [41:49.560 --> 41:55.160] So for all you know, he saw you pull in and he kept going because he just figured somebody [41:55.160 --> 41:59.440] was getting out or he didn't see that there was no placard hanging in the car at that [41:59.440 --> 42:01.680] moment. [42:01.680 --> 42:06.200] But then he goes around, does whatever else he's doing and swings back by 15 minutes later [42:06.200 --> 42:09.520] and you're still there. [42:09.520 --> 42:13.720] And now there's he notices no placard, right? [42:13.720 --> 42:15.520] Right. [42:15.520 --> 42:16.920] Okay. [42:16.920 --> 42:22.760] The statute says no stopping or standing, I'm pretty sure. [42:22.760 --> 42:28.680] Standing means the car being there, whether it's off or not is irrelevant. [42:28.680 --> 42:32.040] Whether it's put in park or not is irrelevant. [42:32.040 --> 42:34.320] Okay. [42:34.320 --> 42:38.760] But it must be a motor vehicle and it must be acting under the transportation code if [42:38.760 --> 42:43.840] that's where they're charging her from, right? [42:43.840 --> 42:50.680] So the issue becomes whether or not this officer observed you actually sitting there [42:50.680 --> 42:56.240] for an extended period of time, which at this point you do not know, right? [42:56.240 --> 42:58.240] Right. [42:58.240 --> 43:07.960] Okay, so is the place where you pulled into that spot active with traffic all the time? [43:07.960 --> 43:11.880] In other words, if you had stopped without pulling into the spot, would you have impeded [43:11.880 --> 43:12.880] traffic? [43:12.880 --> 43:13.880] No. [43:13.880 --> 43:14.880] No. [43:14.880 --> 43:19.640] So then there was no reason to actually pull into the spot? [43:19.640 --> 43:22.360] No, no, no, no, yes, yes, I'm sorry, yes. [43:22.360 --> 43:24.040] I didn't understand your question at first. [43:24.040 --> 43:28.640] Yes, if I would have stopped without pulling into the spot, I would have impeded traffic. [43:28.640 --> 43:32.720] Okay, so then why were you there for 15 minutes? [43:32.720 --> 43:36.800] Why was waiting to go into school? [43:36.800 --> 43:41.600] Right, hang on just a second, I got another break and we'll deal with that aspect when [43:41.600 --> 43:42.600] we get back. [43:42.600 --> 43:44.120] Hang on just a second. [43:44.120 --> 43:49.560] All right, folks, 512-646-1984, just call, get in line. [43:49.560 --> 44:01.000] We will get to you shortly. [44:01.000 --> 44:04.200] Are you the plaintiff or defendant in a lawsuit? [44:04.200 --> 44:10.960] Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course [44:10.960 --> 44:14.840] that will show you how in 24 hours, death by step. [44:14.840 --> 44:18.760] If you have a lawyer, know what your lawyer should be doing. [44:18.760 --> 44:22.840] If you don't have a lawyer, know what you should do for yourself. [44:22.840 --> 44:27.840] Thousands have won with our step-by-step course, and now you can too. [44:27.840 --> 44:34.560] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [44:34.560 --> 44:39.040] Even if you're not in a lawsuit, you can learn what everyone should understand about [44:39.040 --> 44:43.400] the principles and practices that control our American courts. [44:43.400 --> 44:49.520] We'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [44:49.520 --> 44:52.080] pro se tactics, and much more. [44:52.080 --> 45:02.600] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. 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[45:33.840 --> 45:38.680] We also offer one-world way, Mountain House Storeable Foods, Berkey Water Products, ammunition [45:38.680 --> 45:40.880] at 10% above wholesale, and more. [45:40.880 --> 45:44.800] We broker metals IRA accounts, and we also accept big coins as payment. [45:44.800 --> 45:47.800] Call us at 512-646-640. [45:47.800 --> 45:52.800] We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson. [45:52.800 --> 45:55.960] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2. [45:55.960 --> 46:19.960] Visit us at CapitalCoinandBullion.com or call 512-646-640. [46:19.960 --> 46:44.960] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 6, Saturdays, 10 to 2. [46:44.960 --> 47:09.960] We're open Monday through Friday, 10 to 6, Saturdays, 10 to 6, Saturdays, 10 to 2. [47:09.960 --> 47:16.960] All right, folks. [47:16.960 --> 47:17.960] We are back. [47:17.960 --> 47:21.960] This is Rule of Law Radio, and we are speaking with Troy in Dallas. [47:21.960 --> 47:22.960] All right, Troy. [47:22.960 --> 47:23.960] All right. [47:23.960 --> 47:35.960] I think I found what is being charged under, because it says under complaint, disabled [47:35.960 --> 47:43.960] and placard, and then it says TRC 68, or 681.002. [47:43.960 --> 47:44.960] And that was under... [47:44.960 --> 47:46.960] Wait, is it TRC? [47:46.960 --> 47:47.960] Yeah. [47:47.960 --> 47:48.960] Okay. [47:48.960 --> 47:53.960] So, would that mean that it's being charged under... [47:53.960 --> 47:56.960] That's transportation code, yes. [47:56.960 --> 47:57.960] Okay. [47:57.960 --> 47:58.960] Okay. [47:58.960 --> 47:59.960] All right. [47:59.960 --> 48:06.960] Now, what they did, they sent the letter in a mail saying they're warrant for her arrest [48:06.960 --> 48:10.960] because to resolve the matter... [48:10.960 --> 48:16.960] It came from the court or it came from a collection attorney? [48:16.960 --> 48:21.960] It says it's from the constable. [48:21.960 --> 48:25.960] They said they issued a warrant for her? [48:25.960 --> 48:26.960] Yes. [48:26.960 --> 48:28.960] On what grounds? [48:28.960 --> 48:33.960] For the traffic offense. [48:33.960 --> 48:35.960] No, you're not listening to me. [48:35.960 --> 48:39.960] She made her appearance after the ticket was issued, right? [48:39.960 --> 48:40.960] She went to the court. [48:40.960 --> 48:41.960] Right. [48:41.960 --> 48:42.960] She appeared twice. [48:42.960 --> 48:46.960] The first time they gave her a certificate of appearance, the second time they wouldn't [48:46.960 --> 48:49.960] give her anything or let her do anything unless... [48:49.960 --> 48:55.960] Have they sent her any written notice in the mail requiring her to appear for trial or [48:55.960 --> 48:59.960] any other proceeding at the court? [48:59.960 --> 49:00.960] Nothing we know of. [49:00.960 --> 49:01.960] No. [49:01.960 --> 49:02.960] Okay. [49:02.960 --> 49:04.960] And they haven't called on this name that they did. [49:04.960 --> 49:05.960] Okay. [49:05.960 --> 49:10.960] Then right now, that judge has a severe problem. [49:10.960 --> 49:16.960] There was a recent amendment to the Texas Code of Criminal Procedure under Chapter 45, [49:16.960 --> 49:21.960] which prohibits the issuance of warrants for failure to appear, which is exactly what [49:21.960 --> 49:24.960] this warrants for if I'm not mistaken, right? [49:24.960 --> 49:27.960] It doesn't say failure to appear. [49:27.960 --> 49:28.960] What does it say? [49:28.960 --> 49:34.960] It just says this department has issued a warrant for your arrest in order to avoid [49:34.960 --> 49:35.960] being arrested. [49:35.960 --> 49:40.960] You must contact the warrant division immediately, you know, and then list their address and [49:40.960 --> 49:41.960] everything like that. [49:41.960 --> 49:46.960] Is the address a constable's office like you're saying? [49:46.960 --> 49:48.960] At the top? [49:48.960 --> 49:49.960] No. [49:49.960 --> 49:53.960] The warrant is the same as the court building. [49:53.960 --> 49:54.960] Okay. [49:54.960 --> 50:00.960] So what you need to do right now is file a criminal complaint against that judge for a [50:00.960 --> 50:02.960] violation of the Code of Criminal Procedure. [50:02.960 --> 50:05.960] Let me see what the specific section is. [50:05.960 --> 50:12.960] That judge has violated the rules relating to issuing warrants for failure to appear. [50:12.960 --> 50:14.960] That's what this is going to be for. [50:14.960 --> 50:19.960] It's all it could possibly be for because she made an appearance in compliance with the [50:19.960 --> 50:22.960] citation the two times that she appeared. [50:22.960 --> 50:26.960] She appeared on her before the due date on the citation, right? [50:26.960 --> 50:27.960] Yeah. [50:27.960 --> 50:28.960] Okay. [50:28.960 --> 50:34.960] So they can't get at her that way legally, which means the only thing they've got left [50:34.960 --> 50:41.960] is they're trying to use her refusal to enter a plea as the grounds to say she didn't appear [50:41.960 --> 50:43.960] and that is fraud. [50:43.960 --> 50:45.960] You get it? [50:45.960 --> 50:46.960] Yeah. [50:46.960 --> 50:52.960] So we're going to file a criminal complaint with the Attorney General's office against [50:52.960 --> 50:53.960] this JP. [50:53.960 --> 50:59.960] We're also going to send that same complaint to the Judicial Review Board against this judge. [50:59.960 --> 51:07.960] Then you're going to file a motion to disqualify in this court relating to this judge for violations [51:07.960 --> 51:09.960] of this Code. [51:09.960 --> 51:10.960] Okay. [51:10.960 --> 51:17.960] All right, 45.014, I think, is what it is. [51:17.960 --> 51:25.960] Okay, this is sufficient. [51:25.960 --> 51:31.960] Yes, 45.014E as in Eddie. [51:31.960 --> 51:36.960] A judge or judge may not issue an arrest warrant for the defendant's failure to appear at the [51:36.960 --> 51:41.960] initial court setting, including failure to appear as required by a citation issued under [51:41.960 --> 51:48.960] Article 14.06b unless the Justice or Judge provides by telephone or regular mail to the [51:48.960 --> 51:49.960] defendant. [51:49.960 --> 51:53.960] Notice that includes a date and time when the defendant must appear before the Justice [51:53.960 --> 51:57.960] or Judge, the name and address of the court with jurisdiction in the case, information [51:57.960 --> 52:01.960] regarding alternatives to the full payment of any fine or cost owed by the defendant if [52:01.960 --> 52:05.960] the defendant is unable to pay that amount, D, an explanation of the consequences of the [52:05.960 --> 52:10.960] defendant fails to appear before that Justice or Judge as required by this article and, too, [52:10.960 --> 52:15.960] the defendant fails to appear before the Justice or Judge is required by this article. [52:15.960 --> 52:18.960] So, right there, they are dead in the water. [52:18.960 --> 52:19.960] Okay? [52:19.960 --> 52:25.960] So, you're going to file your complaint with these entities, the Attorney General's Office [52:25.960 --> 52:34.960] and the Judicial Review Board and the Judicial Conduct Committee, okay, under 45.014E of the [52:34.960 --> 52:41.960] Code of Criminal Procedure, this Judge in this court has violated that provision. [52:41.960 --> 52:42.960] Okay? [52:42.960 --> 53:00.960] Well, when she called up there after the warrant was issued, they said that they sent it, but [53:00.960 --> 53:05.960] she said that she never received it. [53:05.960 --> 53:08.960] Did you record that conversation? [53:08.960 --> 53:09.960] Yes. [53:09.960 --> 53:15.960] The second time she went up that she appeared, I mean, both times she appeared, she recorded [53:15.960 --> 53:21.960] it and then when she called them, both the Warrant Division, the Warrant Division referred [53:21.960 --> 53:23.960] her back to the court. [53:23.960 --> 53:26.960] She recorded those instances as well. [53:26.960 --> 53:29.960] Did the Warrant Division tell her they had a warrant? [53:29.960 --> 53:30.960] No. [53:30.960 --> 53:36.960] They told her she had to call the Justice of the Peace. [53:36.960 --> 53:40.960] They didn't tell her and confirm that she had a warrant. [53:40.960 --> 53:41.960] Okay? [53:41.960 --> 53:45.960] So, again, that doesn't change anything. [53:45.960 --> 53:52.960] If they cannot show that you were mailed this notice or that they gave it to you via telephone, [53:52.960 --> 54:01.960] which they're saying they mailed it, but they can't show that you ever got it, okay? [54:01.960 --> 54:06.960] Then the issue here becomes improper notice, always. [54:06.960 --> 54:08.960] All right? [54:08.960 --> 54:14.960] So, you cannot be expected to appear on a notice that was never sent to you and this is a common [54:14.960 --> 54:21.960] failing of the legislature in relation to these gangster courts at the low levels. [54:21.960 --> 54:27.960] They don't put any duty on the court to prove it has done what it's required to do in accordance [54:27.960 --> 54:28.960] with law. [54:28.960 --> 54:35.960] In fact, they give them a get out of jail free card for doing everything wrong by simply [54:35.960 --> 54:40.960] saying the court is not required to prove that notice was received. [54:40.960 --> 54:43.960] Well, that right there violates due process. [54:43.960 --> 54:45.960] Well, right? [54:45.960 --> 54:52.960] The court cannot make the claim that you were served and then deny any rebuttal by you that [54:52.960 --> 54:54.960] service was rendered. [54:54.960 --> 54:55.960] Right. [54:55.960 --> 55:01.960] So, all you have to do is make the assertion that service was never performed. [55:01.960 --> 55:04.960] No such mailing was ever received by you. [55:04.960 --> 55:11.960] No such mailing was ever sent to you and that the clerk is lying out there behind. [55:11.960 --> 55:18.960] And see also when, since she never provided license or anything like that, the address [55:18.960 --> 55:20.960] that he wrote on the citation. [55:20.960 --> 55:23.960] Would have been taken from the registration of the car. [55:23.960 --> 55:25.960] Right. [55:25.960 --> 55:27.960] Is it the same? [55:27.960 --> 55:28.960] No. [55:28.960 --> 55:31.960] Not the address here that she was at, no. [55:31.960 --> 55:32.960] Okay. [55:32.960 --> 55:35.960] Then therein lies another problem. [55:35.960 --> 55:40.960] What are you going to do if they can show they delivered it to the other address? [55:40.960 --> 55:47.960] Because now they're going to sit there and say you had a duty to change the address on [55:47.960 --> 55:53.960] the registration if you had been gone from the other address more than 30 days. [55:53.960 --> 55:56.960] She just moved. [55:56.960 --> 55:57.960] Okay. [55:57.960 --> 56:08.960] But again, how's that helping you? [56:08.960 --> 56:15.960] See, the issue here becomes that you can't show that they didn't mail it because they [56:15.960 --> 56:21.960] could possibly show because it got returned maybe from the other address. [56:21.960 --> 56:26.960] If they have something that shows they sent it to the registered address of the car and [56:26.960 --> 56:30.960] it was returned to the amount opened, then you're not going to have a leg to stand on [56:30.960 --> 56:35.960] to say no notice. [56:35.960 --> 56:40.960] Well, okay. [56:40.960 --> 56:51.960] Then we'll see. [56:51.960 --> 56:52.960] Okay. [56:52.960 --> 57:04.960] So just following the 45, I mean 0.014E, the violation of the Code of Criminal Procedure [57:04.960 --> 57:07.960] would be the best route at this time then. [57:07.960 --> 57:08.960] Yes. [57:08.960 --> 57:14.960] And make sure you file a motion to disqualify this judge for violation of the right of notice [57:14.960 --> 57:23.960] and the right of due process under 45.014E of the Code of Criminal Procedure and pray [57:23.960 --> 57:31.960] that they haven't gotten back that mailed letter unopened and postmarked because if they [57:31.960 --> 57:40.960] produce that, that's going to shoot that argument right between the eyes. [57:40.960 --> 57:43.960] Got it. [57:43.960 --> 57:49.960] Now, this is not something that's going to prevent this case from happening, but it is [57:49.960 --> 57:59.960] a delaying tactic at this point because due process has been violated by this judge. [57:59.960 --> 58:00.960] Okay. [58:00.960 --> 58:05.960] That just means they're going to get someone else to replace them and continue on. [58:05.960 --> 58:07.960] All right. [58:07.960 --> 58:12.960] Make sure that you state that you demand a recall of the warrant, that this judge be [58:12.960 --> 58:18.960] investigated for rights violations, including the right to notice proper sufficient and [58:18.960 --> 58:27.960] timely notice, which never happened, and cite this section as being the basis for it. [58:27.960 --> 58:31.960] Do that along with a complaint and go from there. [58:31.960 --> 58:32.960] Okay. [58:32.960 --> 58:33.960] All right. [58:33.960 --> 58:34.960] Got it. [58:34.960 --> 58:35.960] All right. [58:35.960 --> 58:38.960] Start there and hopefully we'll get to a point where once you get a little bit more information, [58:38.960 --> 58:41.960] you can call back in and we can see what to do from there. [58:41.960 --> 58:42.960] Okay. [58:42.960 --> 58:43.960] All right. [58:43.960 --> 58:44.960] Thank you, sir. [58:44.960 --> 58:45.960] You have a good night. [58:45.960 --> 58:46.960] You too. [58:46.960 --> 58:47.960] Thanks for calling. [58:47.960 --> 58:48.960] All right, folks. [58:48.960 --> 58:49.960] I got another break here. [58:49.960 --> 58:59.960] Let's get started. [59:50.960 --> 59:53.960] You are listening to the Logos Radio Network. [59:53.960 --> 01:00:00.960] LogosRadionetwork.com. [01:00:00.960 --> 01:00:06.960] The following is flashes brought to you by the Lowstar Lowdown, providing the daily bulletins [01:00:06.960 --> 01:00:08.960] for the commodity market. [01:00:08.960 --> 01:00:18.960] Today in history, news updates and the inside scoop into the tides of the alternative. [01:00:18.960 --> 01:00:20.960] Let's get started. [01:00:48.960 --> 01:00:59.960] Today in history, the year 1918, British women over the age of 30 who meet minimum property [01:00:59.960 --> 01:01:04.960] qualifications get the right to vote when the representation of the People Act of 1918 [01:01:04.960 --> 01:01:06.960] was passed by parliament. [01:01:06.960 --> 01:01:09.960] Today in history. [01:01:09.960 --> 01:01:14.960] In recent news, several Texas-based organizations found a lawsuit today requesting that a federal [01:01:14.960 --> 01:01:19.960] stop the state from flagging about 95,000 people as potentially illegally registered to vote. [01:01:19.960 --> 01:01:24.960] The list was compiled after an 11-month-long investigation by the office of the Texas Secretary [01:01:24.960 --> 01:01:29.960] of State and the Texas Department of Public Safety, which sought to identify non-U.S. citizens [01:01:29.960 --> 01:01:32.960] who were registered to vote when obtaining age-arvage license. [01:01:32.960 --> 01:01:36.960] Over half of the 95,000 did indeed vote, it seems. [01:01:36.960 --> 01:01:40.960] However, further controversy was raised when it became clear that some of the names were [01:01:40.960 --> 01:01:44.960] not in fact belonging to those who were non-citizens and registered. [01:01:44.960 --> 01:01:49.960] Apparently, around 25% of all Latino immigrants become naturalized, gaining the right to vote. [01:01:49.960 --> 01:01:54.960] Registered voters who receive letters querying their citizenship have 30 days to respond [01:01:54.960 --> 01:01:56.960] with proof of eligibility. [01:01:56.960 --> 01:02:00.960] Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, [01:02:00.960 --> 01:02:08.960] have yet to officially comment regarding this list and any updates pertaining to it. [01:02:08.960 --> 01:02:13.960] A Texas man of only 24 years old, William Brown, died from a severed artery in his neck [01:02:13.960 --> 01:02:16.960] after a vape pen exploded while he was using it. [01:02:16.960 --> 01:02:20.960] It apparently happened in the parking lot of the vape shop where he got it. [01:02:20.960 --> 01:02:23.960] An X-ray revealed that a piece of metal was embedded in his brainstem. [01:02:23.960 --> 01:02:29.960] The vape store, Smoke and Vape DZ, has refused to comment. [01:02:29.960 --> 01:02:34.960] First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director [01:02:34.960 --> 01:02:38.960] of Grow Local, South Texas, concerning the upcoming Texas Organic Farmers [01:02:38.960 --> 01:02:42.960] and Gardeners Association conference, which will be taking place at the Corpus Christi [01:02:42.960 --> 01:02:46.960] Omni Hotel from February 14th to 16th, 6 to 9 p.m. [01:02:46.960 --> 01:02:52.960] You can find the interview at kiitv.com. [01:02:52.960 --> 01:03:00.960] This is Rick Rode with your lowdown for February 6th, 2019. [01:03:00.960 --> 01:03:10.960] This is Rick Rode with your lowdown for February 6th, 2019. [01:03:30.960 --> 01:03:33.960] We are back. This is Rule of Law Radio. [01:03:33.960 --> 01:03:38.960] Calling number 512-646-1984. [01:03:38.960 --> 01:03:45.960] All right. Next caller up is area code 660. [01:03:45.960 --> 01:03:47.960] Can you hear me? [01:03:47.960 --> 01:03:50.960] Yes, sir, Mr. Clay. Can you hear me? [01:03:50.960 --> 01:03:51.960] I can. [01:03:51.960 --> 01:03:54.960] Okay. My name is Russell. [01:03:54.960 --> 01:03:56.960] I'm in Missouri. [01:03:56.960 --> 01:03:59.960] Well, hello, Russell in Missouri. [01:03:59.960 --> 01:04:03.960] I was in Louisiana in November. [01:04:03.960 --> 01:04:05.960] On purpose? [01:04:05.960 --> 01:04:09.960] Yeah, believe it or not, I grew up down there. [01:04:09.960 --> 01:04:13.960] I couldn't tell from the accent. [01:04:13.960 --> 01:04:16.960] You got Cajun written all over you. [01:04:16.960 --> 01:04:21.960] No, I can't be, man. Everybody else got an accent, not me. [01:04:21.960 --> 01:04:26.960] They tell me the same thing. I always look at them and go, what accent? [01:04:26.960 --> 01:04:30.960] I know that they still say that to me up here, you know. [01:04:30.960 --> 01:04:36.960] But anyway, I was down there visiting my son in Beauregard Parish, if you can believe that. [01:04:36.960 --> 01:04:43.960] And I received a traffic ticket and complaint. [01:04:43.960 --> 01:04:49.960] But where the officer stopped me for speeding, of course, [01:04:49.960 --> 01:04:54.960] it was titled 32, section 61 of the Louisiana Code. [01:04:54.960 --> 01:04:58.960] And he said he got me with radar. [01:04:58.960 --> 01:05:01.960] Said I was doing 52 in the 35. [01:05:01.960 --> 01:05:06.960] Okay. Where he stopped me, it's a secondary road. [01:05:06.960 --> 01:05:12.960] There's no houses within about 100 yards of where he stopped me in any direct. [01:05:12.960 --> 01:05:15.960] And they had trees on both sides. [01:05:15.960 --> 01:05:23.960] Well, yeah, but you're talking about where he pulls you over versus where he may have started tracking your speed, right? [01:05:23.960 --> 01:05:25.960] Yes, sir. Okay. [01:05:25.960 --> 01:05:29.960] That's where I stopped and gave him the information he asked for. [01:05:29.960 --> 01:05:30.960] Okay. [01:05:30.960 --> 01:05:38.960] You know, because I didn't really catch your program till about three weeks ago, I guess. [01:05:38.960 --> 01:05:46.960] And this is my first time calling you know, but on the ticket, when he gave it back to me to sign, [01:05:46.960 --> 01:06:01.960] I put you period D period with my name and my understanding that's under direct. [01:06:01.960 --> 01:06:05.960] So does that count for anything? [01:06:05.960 --> 01:06:09.960] No. Yes and no. [01:06:09.960 --> 01:06:14.960] But it's not going to really help you in this particular case. [01:06:14.960 --> 01:06:17.960] Title, did you say this was? [01:06:17.960 --> 01:06:22.960] Title 32, section 61. [01:06:22.960 --> 01:06:24.960] Okay. [01:06:24.960 --> 01:06:28.960] 32, 61. [01:06:28.960 --> 01:06:41.960] I looked it up and there's something to the effect that they put it as the maximum speed for that type of road [01:06:41.960 --> 01:06:45.960] by the Department of Transportation or something like that. [01:06:45.960 --> 01:06:53.960] I'm positive on. [01:06:53.960 --> 01:06:56.960] Okay. [01:06:56.960 --> 01:06:58.960] Okay. [01:06:58.960 --> 01:07:02.960] Now, the court date was January the 8th. [01:07:02.960 --> 01:07:11.960] So I went back to Beauregard Parish to the courthouse there, found out it was criminal. [01:07:11.960 --> 01:07:14.960] So I had to file in the criminal section. [01:07:14.960 --> 01:07:23.960] I filed three different motions, but every motion I put was noticed to the court. [01:07:23.960 --> 01:07:34.960] I put notice, the first one was noticed to the court, objection, special appearance, non-assumptive, demanding proof of an undertaking agreement. [01:07:34.960 --> 01:07:47.960] And everything there was with, you know, every one of mine is with sightings from the Supreme Court on all my filing. [01:07:47.960 --> 01:07:54.960] Let me see, your sightings arguing right to travel, right? [01:07:54.960 --> 01:07:55.960] No. [01:07:55.960 --> 01:07:56.960] No. [01:07:56.960 --> 01:07:58.960] What did they cite? [01:07:58.960 --> 01:08:11.960] Well, the special appearance was refusing to consent to contract with the court until proof of evidence introduced by the petitioner, [01:08:11.960 --> 01:08:15.960] proving an injury in fact caused by my non-performing. [01:08:15.960 --> 01:08:17.960] Okay. [01:08:17.960 --> 01:08:19.960] So you challenge standing? [01:08:19.960 --> 01:08:21.960] Yes, sir. [01:08:21.960 --> 01:08:23.960] Okay. [01:08:23.960 --> 01:08:25.960] Okay. [01:08:25.960 --> 01:08:30.960] And then, objection number four here was objection. [01:08:30.960 --> 01:08:44.960] The undersigned will not appear voluntarily and requires a valid court order with evidence introduced by the petitioner plaintiff showing injury in fact caused by the undersigned non-performing. [01:08:44.960 --> 01:08:46.960] Okay. [01:08:46.960 --> 01:08:50.960] And there's 12 pages of that. [01:08:50.960 --> 01:08:51.960] Then. [01:08:51.960 --> 01:08:52.960] Okay. [01:08:52.960 --> 01:08:55.960] Injury in fact for non-performance. [01:08:55.960 --> 01:08:57.960] You have a problem here. [01:08:57.960 --> 01:09:02.960] You're arguing civil grounds for a criminal matter. [01:09:02.960 --> 01:09:06.960] How do you expect that to work? [01:09:06.960 --> 01:09:10.960] That's why I called in because I don't know if I did right. [01:09:10.960 --> 01:09:21.960] When you're talking about performance, okay, there are only two types that I'm aware of that matter in relation to these. [01:09:21.960 --> 01:09:33.960] Either civil contract requirements that you fail to meet thus resulting in breach or a public duty to do no harm to others. [01:09:33.960 --> 01:09:34.960] Okay. [01:09:34.960 --> 01:09:35.960] Yeah. [01:09:35.960 --> 01:09:36.960] Okay. [01:09:36.960 --> 01:09:50.960] So depending upon how you're making the argument is going to determine which side of that coin, civil or criminal, you're addressing. [01:09:50.960 --> 01:09:56.960] So, but I didn't harm anyone, you know, I mean. [01:09:56.960 --> 01:10:08.960] Well, the state incorrectly, I might assert, but the state assumes injury because they determined these to be strict liability statutes. [01:10:08.960 --> 01:10:15.960] In other words, because we wrote it and you didn't do it, the state suffered an injury for the violation. [01:10:15.960 --> 01:10:20.960] Now, that does not fit any of the criteria of law for having standing. [01:10:20.960 --> 01:10:21.960] Okay. [01:10:21.960 --> 01:10:22.960] In a criminal matter. [01:10:22.960 --> 01:10:32.960] And I've got tons of cases for every state of the union that deals with the failure of standing when no injury has occurred. [01:10:32.960 --> 01:10:34.960] Okay. [01:10:34.960 --> 01:10:41.960] But that is when we're dealing with, for the most part, civil matters. [01:10:41.960 --> 01:10:49.960] Almost every one of those cases, if you get to the issue at hand, dealt with a lack of a civil injury, not a criminal injury. [01:10:49.960 --> 01:11:00.960] And this is why most of the states have tried to criminalize these statutes so that they don't have to prove an actual injury. [01:11:00.960 --> 01:11:02.960] Okay. [01:11:02.960 --> 01:11:05.960] I understand that. [01:11:05.960 --> 01:11:06.960] Okay. [01:11:06.960 --> 01:11:13.960] Now, the second filing, they all was the same day, you know, same time. [01:11:13.960 --> 01:11:15.960] Your filing court. [01:11:15.960 --> 01:11:21.960] Yeah, I filed in the court before, you know, on the 8th of January, which was the court date. [01:11:21.960 --> 01:11:23.960] Right. [01:11:23.960 --> 01:11:24.960] Okay. [01:11:24.960 --> 01:11:26.960] But you didn't show up. [01:11:26.960 --> 01:11:27.960] Excuse me? [01:11:27.960 --> 01:11:29.960] But you didn't show up. [01:11:29.960 --> 01:11:30.960] No. [01:11:30.960 --> 01:11:34.960] I went in there, filed them at 8.42 in the morning. [01:11:34.960 --> 01:11:37.960] The court was at one o'clock. [01:11:37.960 --> 01:11:39.960] The same day. [01:11:39.960 --> 01:11:40.960] Yes, sir. [01:11:40.960 --> 01:11:41.960] Okay. [01:11:41.960 --> 01:11:43.960] You already have a problem. [01:11:43.960 --> 01:11:45.960] Okay. [01:11:45.960 --> 01:11:51.960] In Louisiana, what is the code of criminal procedure requirements for the filing of motions in a court? [01:11:51.960 --> 01:12:03.960] How many days in advance of the appearance in court must you file any documentation for the court to be required to take notice of it? [01:12:03.960 --> 01:12:06.960] This is just my first appearance, you know. [01:12:06.960 --> 01:12:08.960] Irrelevant. [01:12:08.960 --> 01:12:10.960] Yeah, well, I don't know. [01:12:10.960 --> 01:12:11.960] I didn't look at it. [01:12:11.960 --> 01:12:13.960] Ding, ding, ding, there's your problem. [01:12:13.960 --> 01:12:15.960] You don't know. [01:12:15.960 --> 01:12:22.960] Here in Texas, the minimum number of days they must give you by law is 10. [01:12:22.960 --> 01:12:24.960] Okay. [01:12:24.960 --> 01:12:30.960] That's that time long you have from the date the ticket is issued before you have to make that initial appearance. [01:12:30.960 --> 01:12:36.960] They cannot give you less than 10, but they often give you more than 10. [01:12:36.960 --> 01:12:37.960] Okay. [01:12:37.960 --> 01:12:38.960] Okay. [01:12:38.960 --> 01:12:47.960] And then you have the rules of court that say any pleadings have to be filed within a certain number of days before the appearance in court. [01:12:47.960 --> 01:12:52.960] And it doesn't specify what appearance that has to be for. [01:12:52.960 --> 01:12:54.960] Okay. [01:12:54.960 --> 01:13:06.960] But if let's say the calendar says everything has to be filed no less than seven days prior to the appearance unless you get to leave with the court to file them later. [01:13:06.960 --> 01:13:07.960] Okay. [01:13:07.960 --> 01:13:12.960] You're telling me you filed everything the day of? [01:13:12.960 --> 01:13:15.960] The day of the first court appearance. [01:13:15.960 --> 01:13:16.960] Right. [01:13:16.960 --> 01:13:18.960] And I didn't show up. [01:13:18.960 --> 01:13:22.960] No, you did show up if you were there in person to file them. [01:13:22.960 --> 01:13:25.960] Well, yeah, because they gave me the run around. [01:13:25.960 --> 01:13:31.960] I was there by 8.30 and they didn't stamp them until 8.42. [01:13:31.960 --> 01:13:37.960] And you complied with the requirement to appear as far as the citation goes. [01:13:37.960 --> 01:13:44.960] Now the question is, is were you there on the citation or some other written mandate to make your appearance? [01:13:44.960 --> 01:13:46.960] Did you receive anything in the mail? [01:13:46.960 --> 01:13:50.960] Were you given a telephone call saying you need to be here by this date and this time? [01:13:50.960 --> 01:13:52.960] How else would you notify? [01:13:52.960 --> 01:13:55.960] Were you responding to the citation or something else? [01:13:55.960 --> 01:13:56.960] To the citation. [01:13:56.960 --> 01:13:57.960] Okay. [01:13:57.960 --> 01:14:01.960] You were there on or before the date that was on the citation? [01:14:01.960 --> 01:14:02.960] Yes, sir. [01:14:02.960 --> 01:14:03.960] Okay. [01:14:03.960 --> 01:14:07.960] But it's still the day of what was on the citation. [01:14:07.960 --> 01:14:08.960] Yes, sir. [01:14:08.960 --> 01:14:09.960] Right? [01:14:09.960 --> 01:14:10.960] Yes, sir. [01:14:10.960 --> 01:14:11.960] Okay. [01:14:11.960 --> 01:14:20.960] Now what is the rule in Louisiana dealing with appearances, even the initial appearance when it comes to this? [01:14:20.960 --> 01:14:22.960] Are you required to see the judge? [01:14:22.960 --> 01:14:24.960] Are you required to talk to the prosecutor? [01:14:24.960 --> 01:14:27.960] What is it they do that requires you to be there? [01:14:27.960 --> 01:14:30.960] What does it say you have to do? [01:14:30.960 --> 01:14:31.960] It does. [01:14:31.960 --> 01:14:33.960] I did not look it up. [01:14:33.960 --> 01:14:34.960] That's what I'm saying. [01:14:34.960 --> 01:14:36.960] I haven't looked up. [01:14:36.960 --> 01:14:39.960] I just looked up the speeding part. [01:14:39.960 --> 01:14:40.960] Okay. [01:14:40.960 --> 01:14:41.960] That was it. [01:14:41.960 --> 01:14:43.960] Yeah, but that's not the only thing you've got to look up. [01:14:43.960 --> 01:14:46.960] The speeding governs the offense. [01:14:46.960 --> 01:14:50.960] But it doesn't tell you anything about the procedure. [01:14:50.960 --> 01:14:51.960] Yeah. [01:14:51.960 --> 01:14:58.960] And unless you understand the procedure, you cannot possibly deal with any of the things I'm asking you about now. [01:14:58.960 --> 01:14:59.960] You don't know. [01:14:59.960 --> 01:15:00.960] Yeah. [01:15:00.960 --> 01:15:01.960] That's right. [01:15:01.960 --> 01:15:02.960] I don't know. [01:15:02.960 --> 01:15:04.960] And that is what they count on most. [01:15:04.960 --> 01:15:09.960] Your inability to comply with the procedure. [01:15:09.960 --> 01:15:10.960] Okay. [01:15:10.960 --> 01:15:11.960] Okay. [01:15:11.960 --> 01:15:13.960] So here's your problem. [01:15:13.960 --> 01:15:21.960] You kind of put yourself between a rock and a hard place by not filing anything until the day of. [01:15:21.960 --> 01:15:24.960] Okay. [01:15:24.960 --> 01:15:37.960] But when I got home on the 11th of February, I received my mail from the post office that was holding my mail. [01:15:37.960 --> 01:15:46.960] And I've got a packet from the district attorney from there. [01:15:46.960 --> 01:16:02.960] And within an hour of the court date and time, he had a judge write an order to show up. [01:16:02.960 --> 01:16:05.960] Well, there's no way I can make it back in one day. [01:16:05.960 --> 01:16:15.960] Well, I could have, but I wouldn't have been in shape to do anything for the court date, you know, for the court. [01:16:15.960 --> 01:16:28.960] But it says at the top of this notice, fixing, notice of fixing, and office of judicial district court in and for the parish of Beauregard, [01:16:28.960 --> 01:16:35.960] and then the state of Louisiana versus Russell and Trayhand. [01:16:35.960 --> 01:16:37.960] Hang on just a second, Russell. [01:16:37.960 --> 01:16:39.960] I've got to take a break here and we'll pick this up on the other side. [01:16:39.960 --> 01:16:40.960] Okay. [01:16:40.960 --> 01:16:41.960] Okay. [01:16:41.960 --> 01:16:42.960] So hang on just a minute. [01:16:42.960 --> 01:16:44.960] We'll be right back after the break. [01:16:44.960 --> 01:16:45.960] All right, folks. [01:16:45.960 --> 01:16:48.960] Calling number 512-646-1984. [01:16:48.960 --> 01:16:50.960] I got 45 minutes left. [01:16:50.960 --> 01:16:51.960] That's three segments. [01:16:51.960 --> 01:16:53.960] If you want to talk, now's the time to get in line. [01:16:53.960 --> 01:16:54.960] All right. [01:16:54.960 --> 01:16:57.960] We'll be right back after the break. [01:16:57.960 --> 01:16:58.960] All right. [01:17:28.960 --> 01:17:33.960] How to turn the financial tables on them and make them pay you to go away. [01:17:33.960 --> 01:17:38.960] The Michael Merris proven method is the solution for how to stop debt collectors. [01:17:38.960 --> 01:17:40.960] Personal consultation is available as well. [01:17:40.960 --> 01:17:48.960] For more information, please visit ruleoflawradio.com and click on the blue Michael Merris banner or email Michael Merris at yahoo.com. [01:17:48.960 --> 01:17:56.960] That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com. [01:17:56.960 --> 01:17:59.960] To learn how to stop debt collectors now. [01:17:59.960 --> 01:18:00.960] I love logos. [01:18:00.960 --> 01:18:04.960] Without the shows on this network, I'd be almost as ignorant as my friends. 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[01:18:36.960 --> 01:18:42.960] Now, when you order anything from Amazon, you use that link and Logos gets a few pesos. [01:18:42.960 --> 01:18:43.960] Do I pay extra? [01:18:43.960 --> 01:18:44.960] No. [01:18:44.960 --> 01:18:46.960] Do I have to do anything different when I order? [01:18:46.960 --> 01:18:47.960] No. [01:18:47.960 --> 01:18:48.960] Can I use my Amazon Prime? [01:18:48.960 --> 01:18:49.960] No. [01:18:49.960 --> 01:18:50.960] I mean, yes. [01:18:50.960 --> 01:18:53.960] Wow, giving without doing anything or spending any money. [01:18:53.960 --> 01:18:54.960] This is just perfect. [01:18:54.960 --> 01:18:56.960] Thank you so much. [01:18:56.960 --> 01:18:57.960] You're welcome. [01:18:57.960 --> 01:18:59.960] Happy holidays, logos. [01:18:59.960 --> 01:19:09.960] This is the LogosRadioNetwork. [01:19:09.960 --> 01:19:21.280] Alright folks, we are back. [01:19:21.280 --> 01:19:25.760] This is Rule of Law Radio and we are talking with Russell. [01:19:25.760 --> 01:19:28.240] Alright Russell, please continue. [01:19:28.240 --> 01:19:30.440] Okay, sure. [01:19:30.440 --> 01:19:36.560] And the third notice was, you know, I noticed the court on everything and it says, objection [01:19:36.560 --> 01:19:41.440] demanding a trial by jury judgment by peers. [01:19:41.440 --> 01:19:47.400] Now, I don't know if I've done anything right there or not. [01:19:47.400 --> 01:19:52.240] Well, you requested a jury trial which is your right in any criminal matter. [01:19:52.240 --> 01:19:53.240] That's number one. [01:19:53.240 --> 01:19:58.000] So there's nothing wrong with telling the court I want a jury trial. [01:19:58.000 --> 01:20:02.520] Just be aware that they can assess the cost of the jury against you if you lose. [01:20:02.520 --> 01:20:03.520] Okay? [01:20:03.520 --> 01:20:04.520] Yes. [01:20:04.520 --> 01:20:10.440] You've got to look and see what the law limits them to and how much they can charge for that, [01:20:10.440 --> 01:20:14.040] but they can do it, almost always. [01:20:14.040 --> 01:20:15.040] Okay. [01:20:15.040 --> 01:20:19.480] Now, as far as the rest of it, not knowing exactly what you wrote and what you filed and [01:20:19.480 --> 01:20:25.000] what you based your assertions on, the only thing that I've heard you say for sure so [01:20:25.000 --> 01:20:29.800] far is that you attempted to challenge standing, but you didn't specify whether you were challenging [01:20:29.800 --> 01:20:34.680] civil or criminal standing to prosecute, okay? [01:20:34.680 --> 01:20:35.680] Okay. [01:20:35.680 --> 01:20:37.920] So I didn't put that in the paperwork, so. [01:20:37.920 --> 01:20:43.080] Well, again, the argument you're making deals with civil injury. [01:20:43.080 --> 01:20:47.160] You're back to contract issues which are not the issue in a criminal matter. [01:20:47.160 --> 01:20:52.120] It's like I was telling the first caller I had tonight, how would the law work if a [01:20:52.120 --> 01:20:57.800] person caught red handed burglarizing a house simply had to say, I don't want a contract [01:20:57.800 --> 01:21:02.360] and then he goes scot-free because the state can do nothing because he won't sign the contract. [01:21:02.360 --> 01:21:03.920] How would that work? [01:21:03.920 --> 01:21:06.160] They wouldn't. [01:21:06.160 --> 01:21:07.400] Exactly. [01:21:07.400 --> 01:21:13.800] So when they criminalize an act, contract has nothing to do with it. [01:21:13.800 --> 01:21:14.800] Okay. [01:21:14.800 --> 01:21:20.360] Well, that's why I didn't know that's the reason I wanted to call you. [01:21:20.360 --> 01:21:25.200] I appreciate all you're doing and about helping people. [01:21:25.200 --> 01:21:26.200] I didn't. [01:21:26.200 --> 01:21:32.560] Well, I tried to, but now you got to remember that Louisiana is Napoleonic law. [01:21:32.560 --> 01:21:36.600] There everything is strict liability declaration by the state. [01:21:36.600 --> 01:21:44.240] The Section 61 statute absolutely prohibits speeding based upon a set speed limit. [01:21:44.240 --> 01:21:49.440] There is no criteria like there is here in Texas that gives it any flexibility. [01:21:49.440 --> 01:21:55.160] The problem is, again, it regulates something that you aren't involved in, but it's harder [01:21:55.160 --> 01:21:59.160] to argue in Louisiana because of the way they write it. [01:21:59.160 --> 01:22:02.920] And right here, what they've got is exactly that. [01:22:02.920 --> 01:22:09.400] They've got a statute that specifically says you cannot do this in excess of this limit, [01:22:09.400 --> 01:22:10.400] period. [01:22:10.400 --> 01:22:11.400] Okay? [01:22:11.400 --> 01:22:12.400] Okay. [01:22:12.400 --> 01:22:15.680] So, therein lies the rub on how you're going to fight this. [01:22:15.680 --> 01:22:20.480] You can challenge the jurisdiction as far as motor vehicle and all that goes, but the [01:22:20.480 --> 01:22:24.960] way the Louisiana statutes are worded, that's going to be a very big uphill battle. [01:22:24.960 --> 01:22:31.200] And that up front, there is no criteria here that requires negligence resulting in a collision [01:22:31.200 --> 01:22:32.720] due to excess speed. [01:22:32.720 --> 01:22:39.240] It simply says you cannot go faster than what this posted speed limit is except under these [01:22:39.240 --> 01:22:41.240] specific instances. [01:22:41.240 --> 01:22:42.240] Yeah. [01:22:42.240 --> 01:22:43.240] Okay. [01:22:43.240 --> 01:22:52.040] Now, I had, they had, they had me a court date for a motion to hear a motion's hearing [01:22:52.040 --> 01:23:02.960] argument and it says, failure to appear will cause a bench warrant to issue or other adverse [01:23:02.960 --> 01:23:06.120] actions as determined by court. [01:23:06.120 --> 01:23:07.120] Right. [01:23:07.120 --> 01:23:08.800] You know, so. [01:23:08.800 --> 01:23:11.120] That is the court's contempt power. [01:23:11.120 --> 01:23:12.120] Okay. [01:23:12.120 --> 01:23:15.800] So, what would you suggest? [01:23:15.800 --> 01:23:24.440] I mean, I know you're not often legal advice, but that I do about this since I didn't go, [01:23:24.440 --> 01:23:29.520] didn't call them or anything, because I figured my paperwork stopped them, you know. [01:23:29.520 --> 01:23:34.080] Obviously, not if they sent you the notice after you filed it. [01:23:34.080 --> 01:23:41.760] Well, yeah, I mean, the district attorney runs to the judge an hour after I was supposed [01:23:41.760 --> 01:23:51.920] to show up and didn't, so, but another thing is on my, well, again, if you were there personally [01:23:51.920 --> 01:23:58.800] to file your paperwork, unless you were given directives to see the judge and the prosecutor, [01:23:58.800 --> 01:24:01.480] then you complied with the appearance requirement. [01:24:01.480 --> 01:24:04.520] Yes, sir, on that one. [01:24:04.520 --> 01:24:09.120] But on this other order that came in, like I told you, I didn't receive it. [01:24:09.120 --> 01:24:10.120] Right. [01:24:10.120 --> 01:24:13.120] So, you believed after the fact you didn't comply with? [01:24:13.120 --> 01:24:15.120] No, I didn't. [01:24:15.120 --> 01:24:16.120] Okay. [01:24:16.120 --> 01:24:18.560] And it came after you filed your paperwork? [01:24:18.560 --> 01:24:20.080] Yes, sir. [01:24:20.080 --> 01:24:21.080] Okay. [01:24:21.080 --> 01:24:25.080] So, not trying to be mean to you by asking this, but I got to ask it. [01:24:25.080 --> 01:24:30.560] If you got that notice after you filed the paperwork, how in the world did you come to [01:24:30.560 --> 01:24:33.360] the conclusion your paperwork had stopped them? [01:24:33.360 --> 01:24:37.640] Well, see, I was home. [01:24:37.640 --> 01:24:38.640] That's not my question. [01:24:38.640 --> 01:24:40.760] I didn't ask where you were. [01:24:40.760 --> 01:24:45.040] I asked, how did you come to the conclusion that your paperwork had effectively stopped [01:24:45.040 --> 01:24:51.600] them in their tracks if they're sending you a notice after you have filed it that says [01:24:51.600 --> 01:24:53.880] you're going to show up? [01:24:53.880 --> 01:24:54.880] Okay. [01:24:54.880 --> 01:25:02.880] Well, what I understand on this paper, it says, February 12th, 1 p.m. for argument [01:25:02.880 --> 01:25:08.840] on motions that he filed and for arraignment if necessary. [01:25:08.840 --> 01:25:09.840] Yeah. [01:25:09.840 --> 01:25:20.320] See, it says that you till appear will cause a bench war to issue or other adverse action [01:25:20.320 --> 01:25:22.520] as determined by the court. [01:25:22.520 --> 01:25:23.520] Yeah. [01:25:23.520 --> 01:25:24.520] Okay. [01:25:24.520 --> 01:25:27.400] Which changes anything I have said thus far? [01:25:27.400 --> 01:25:28.400] How? [01:25:28.400 --> 01:25:29.400] None. [01:25:29.400 --> 01:25:30.400] None. [01:25:30.400 --> 01:25:31.400] That's what I'm saying. [01:25:31.400 --> 01:25:33.200] You asked me. [01:25:33.200 --> 01:25:34.200] Right. [01:25:34.200 --> 01:25:40.840] So, reading that, how did you come to the conclusion that you had stopped them with something [01:25:40.840 --> 01:25:46.240] you had filed before that thing was ever sent to you? [01:25:46.240 --> 01:25:48.240] Okay. [01:25:48.240 --> 01:25:55.200] On the paperwork that I filed, he put in the paperwork that he sent me. [01:25:55.200 --> 01:26:02.480] At the top, they have a different number than they put on the complaint ticket. [01:26:02.480 --> 01:26:06.480] So, a different number for the statute? [01:26:06.480 --> 01:26:07.480] No. [01:26:07.480 --> 01:26:08.480] No. [01:26:08.480 --> 01:26:15.760] They got, okay, on the complaint ticket, they got T191, 958. [01:26:15.760 --> 01:26:17.200] That's the ticket number. [01:26:17.200 --> 01:26:18.200] No. [01:26:18.200 --> 01:26:19.880] That's what the, yes or? [01:26:19.880 --> 01:26:20.880] Okay. [01:26:20.880 --> 01:26:23.760] That isn't necessarily the complaint number. [01:26:23.760 --> 01:26:28.480] The court generates the complaint number in relation to the case file. [01:26:28.480 --> 01:26:33.600] That's called a cause number, not a ticket number, a cause number. [01:26:33.600 --> 01:26:36.080] And that's generated by the court. [01:26:36.080 --> 01:26:41.920] It may or may not be synonymous with the ticket number, depending upon how everything operates. [01:26:41.920 --> 01:26:46.480] But there is absolutely no requirement that it be such unless that's how they operate [01:26:46.480 --> 01:26:48.880] in Louisiana, which I doubt. [01:26:48.880 --> 01:26:49.880] Okay. [01:26:49.880 --> 01:26:56.720] Well, see, another thing is when he put it on my paperwork I filed, when he put it in [01:26:56.720 --> 01:27:00.960] the paperwork to send to me, it's an entirely different number. [01:27:00.960 --> 01:27:06.800] Well, if the court generated the cause number relating to the case and not the citation [01:27:06.800 --> 01:27:12.960] specifically as the number used for the case, why is that the problem here? [01:27:12.960 --> 01:27:14.680] What does that do for you? [01:27:14.680 --> 01:27:19.160] Well, to me, it makes me think that they're trying to pull a fast one. [01:27:19.160 --> 01:27:23.720] Well, not unless you can produce something that says they're required to use the same [01:27:23.720 --> 01:27:27.720] number that's on the citation for the ticket, for the case file. [01:27:27.720 --> 01:27:33.520] Now, you produce a law that says that's how it's supposed to work, and maybe you could [01:27:33.520 --> 01:27:35.040] make that argument. [01:27:35.040 --> 01:27:41.320] But until you do that, they can generate a cause number in the court that is not at all [01:27:41.320 --> 01:27:46.480] what's on the ticket because the ticket number is something under the police department, [01:27:46.480 --> 01:27:47.480] not the court. [01:27:47.480 --> 01:27:48.480] Yes, sir. [01:27:48.480 --> 01:27:54.480] I understand what you're saying, but what, I don't know if I'm explaining myself right, [01:27:54.480 --> 01:27:59.480] but okay, on the ticket, which would be, like you said, the court number, T191. [01:27:59.480 --> 01:28:03.840] No, that's the ticket number for the police department. [01:28:03.840 --> 01:28:06.760] That's their ticket's number. [01:28:06.760 --> 01:28:10.800] It's the number of the citation. [01:28:10.800 --> 01:28:16.720] Then why would he put a different number on my motions that I filed? [01:28:16.720 --> 01:28:23.720] Because when you filed the motions, they relate to a case file that is in the court, and that [01:28:23.720 --> 01:28:30.800] case file will have a cause number that is generated by the court. [01:28:30.800 --> 01:28:38.840] The citation becomes a part of the case file, but it is not necessarily going to be matching [01:28:38.840 --> 01:28:41.840] numbers with the cause number. [01:28:41.840 --> 01:28:44.280] Okay, okay. [01:28:44.280 --> 01:28:49.960] Just like you, somebody writing you a check, or you having a check of your own, and your [01:28:49.960 --> 01:28:55.120] checks are all numbered, but that doesn't match your bank account number, does it? [01:28:55.120 --> 01:28:56.960] No, sir, it should be. [01:28:56.960 --> 01:28:57.960] Okay. [01:28:57.960 --> 01:28:59.960] Same difference here. [01:28:59.960 --> 01:29:09.560] All right, now, so what do you suggest that I do about this, since I didn't show up? [01:29:09.560 --> 01:29:12.920] Well, here's the problem. [01:29:12.920 --> 01:29:16.840] If you didn't show up, guaranteed they issued a warrant. [01:29:16.840 --> 01:29:23.360] They issued the warrant on one of two grounds, failure to appear and or contempt of court. [01:29:23.360 --> 01:29:25.960] They could have done both. [01:29:25.960 --> 01:29:32.600] So here's the thing, if they arrest you or they issue a warrant to whatever state you're [01:29:32.600 --> 01:29:39.360] actually in, and it's not Louisiana, and you get pulled over, they can pay to have you [01:29:39.360 --> 01:29:44.880] extradited back to Louisiana, and they can assess you dose cost as well, believe it or [01:29:44.880 --> 01:29:45.880] not. [01:29:45.880 --> 01:29:46.880] Okay? [01:29:46.880 --> 01:29:52.360] So let me get this break out of the way and I'll finish that up on the other side, okay? [01:29:52.360 --> 01:29:54.880] So hang on just a second and we'll be right back. [01:29:54.880 --> 01:29:57.880] All right, thank you, sir. [01:29:57.880 --> 01:30:00.880] Yes, sir. [01:30:00.880 --> 01:30:06.680] Radio frequency identification, or RFID, is a technology that silently tracks objects [01:30:06.680 --> 01:30:07.680] using radio waves. [01:30:07.680 --> 01:30:09.880] But what if the object is you? [01:30:09.880 --> 01:30:14.360] I'm Dr. Kaffir and Albert, and I'll be back with a buzz on just how invasive this stealthy [01:30:14.360 --> 01:30:16.760] technology can be. [01:30:16.760 --> 01:30:18.360] Privacy is under attack. [01:30:18.360 --> 01:30:21.960] When you give up data about yourself, you'll never get it back again. [01:30:21.960 --> 01:30:26.720] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:30:26.720 --> 01:30:31.760] So protect your rights, say no to surveillance, and keep your information to yourself. [01:30:31.760 --> 01:30:34.480] Privacy, it's worth hanging on to. [01:30:34.480 --> 01:30:38.800] This public service announcement is brought to you by StartPage.com, the private search [01:30:38.800 --> 01:30:42.320] engine alternative to Google, Yahoo, and Bing. [01:30:42.320 --> 01:30:44.480] Start over with StartPage. [01:30:44.480 --> 01:30:50.320] RFID microchips were used for a recent study on the habits of honeybees. [01:30:50.320 --> 01:30:54.760] Researchers tracked each bee individually through an RFID tag glued to its back that [01:30:54.760 --> 01:30:57.360] beamed back a unique identification number. [01:30:57.360 --> 01:31:02.040] When tagged bees flew through an antenna probe in fake flowers, the scientists instantly [01:31:02.040 --> 01:31:06.760] knew, but the bees didn't since RFID waves are silent and invisible. [01:31:06.760 --> 01:31:11.760] Major corporations want to put similar RFID tags in all consumer items, making people [01:31:11.760 --> 01:31:15.400] who wear and carry those items trackable, just like the bees. [01:31:15.400 --> 01:31:20.040] Bee studies clearly demonstrate how RFID could deliver a stinging blow to our freedom and [01:31:20.040 --> 01:31:21.040] privacy. [01:31:21.040 --> 01:31:23.560] Join me in opposing this invasive technology. [01:31:23.560 --> 01:31:25.600] I'm Dr. Catherine Albrecht. [01:31:25.600 --> 01:31:30.440] More news and information at CatherineAlbrecht.com. [01:31:30.440 --> 01:31:35.200] I lost my son, my uncle, on September 11, 2001. [01:31:35.200 --> 01:31:38.760] Most people don't know that a third tower fell on September 11. [01:31:38.760 --> 01:31:43.000] World Trade Center 7, a 47-story skyscraper, was not hit by a plane. [01:31:43.000 --> 01:31:48.760] Although the official explanation is that fire brought down Building 7, over 1,200 architects [01:31:48.760 --> 01:31:52.520] and engineers have looked into the evidence, and believe there is more to the story. [01:31:52.520 --> 01:31:57.880] Bring justice to my son, my uncle, my nephew, my son, go to buildingwatch.org. [01:31:57.880 --> 01:32:00.880] Why it fell, why it matters, as what you can do. [01:32:00.880 --> 01:32:04.880] Rule of law radio is proud to offer the rule of law traffic seminar. [01:32:04.880 --> 01:32:08.520] In today's America, we live in a us against them society, and if we, the people, are ever [01:32:08.520 --> 01:32:12.880] going to have a free society, then we're going to have to stand and defend our own rights. [01:32:12.880 --> 01:32:15.920] Among those rights are the right to travel freely from place to place, the right to act [01:32:15.920 --> 01:32:19.960] in our own private capacity, and most importantly, the right to due process of law. [01:32:19.960 --> 01:32:23.800] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve [01:32:23.800 --> 01:32:25.680] our rights through due process. [01:32:25.680 --> 01:32:29.160] Our Sheriff's deputy, A. Craig, in conjunction with Rule of Law Radio, has put together the [01:32:29.160 --> 01:32:32.920] most comprehensive teaching tool available that will help you understand what due process [01:32:32.920 --> 01:32:35.320] is, and how to hold courts to the rule of law. [01:32:35.320 --> 01:32:39.320] You can get your own copy of this invaluable material by going to ruleoflawradio.com and [01:32:39.320 --> 01:32:40.680] ordering your copy today. [01:32:40.680 --> 01:32:43.960] By ordering now, you'll receive a copy of Eddie's book, The Texas Transportation Code, [01:32:43.960 --> 01:32:48.440] The Law vs. the Lie, video and audio of the original 2009 seminar, hundreds of research [01:32:48.440 --> 01:32:50.720] documents, and other useful resource material. [01:32:50.720 --> 01:32:54.720] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [01:32:54.720 --> 01:32:59.720] For your copy today and together, we can have the free society we all want and deserve. [01:32:59.720 --> 01:33:28.720] You're listening to the Logos Radio Network at LogosRadioNetwork.com. [01:33:30.720 --> 01:33:35.280] All right, folks, we are back. [01:33:35.280 --> 01:33:40.120] This is Rule of Law Radio, so let's see if we can wrap this up with Russell here. [01:33:40.120 --> 01:33:45.120] All right, Russell, so here's the problem. [01:33:45.120 --> 01:33:47.440] They most likely have issued that warrant. [01:33:47.440 --> 01:33:49.600] We just don't know for what exact charges. [01:33:49.600 --> 01:33:54.840] We know there are two possibilities, and possibly both possibilities are at issue in the warrant. [01:33:54.840 --> 01:34:01.600] So, the only way to notify the warrant is to make an appearance in the court under the [01:34:01.600 --> 01:34:02.600] warrant. [01:34:02.600 --> 01:34:04.920] Surrender yourself, in other words. [01:34:04.920 --> 01:34:10.960] Second thing is, I can almost absolutely 100% guarantee you one of two things. [01:34:10.960 --> 01:34:19.920] Either you take twice the amount of the potential fines if they get you to post as a bond or [01:34:19.920 --> 01:34:21.840] they're not going to release you. [01:34:21.840 --> 01:34:29.040] They're going to hold you in jail, okay, or pay the fine and walk away. [01:34:29.040 --> 01:34:35.440] At this point, I guarantee you that fighting it any other way is going to wind up worse. [01:34:35.440 --> 01:34:39.680] If you're going to pay twice the amount to have your day in court, then take the money [01:34:39.680 --> 01:34:44.400] with you when you surrender and pay it for that purpose, all right? [01:34:44.400 --> 01:34:51.080] Make sure that you tell them it is for the purpose of bond, not for payment of the fine. [01:34:51.080 --> 01:34:55.160] And then fight your way through the court as best you can. [01:34:55.160 --> 01:35:00.640] But remember that every time you do this, they're going to assess every possible cost [01:35:00.640 --> 01:35:06.640] they can against you for making them take you to court, or you making them take you [01:35:06.640 --> 01:35:07.640] to court, okay? [01:35:07.640 --> 01:35:08.640] Yes, sir. [01:35:08.640 --> 01:35:17.200] So, that at the moment, based upon what you've done so far, is the options I see available [01:35:17.200 --> 01:35:23.000] to you without a whole lot of pain and heartache, because if they do send the notice to wherever [01:35:23.000 --> 01:35:29.280] you're living and you do get pulled over and arrested under an outstanding warrant in Louisiana [01:35:29.280 --> 01:35:34.640] and they extradite you, I guarantee you you're going to see your cost go right through the [01:35:34.640 --> 01:35:36.640] roof to fight this. [01:35:36.640 --> 01:35:38.640] Yes, sir. [01:35:38.640 --> 01:35:43.880] I understand, so I should have just paid them all to begin with. [01:35:43.880 --> 01:35:46.600] Well, that is not necessarily true. [01:35:46.600 --> 01:35:51.240] But if you're going to fight back, then you damn well better know the rules you have to [01:35:51.240 --> 01:35:53.440] fight with. [01:35:53.440 --> 01:35:59.160] And if you don't, then you are better off just paying them off. [01:35:59.160 --> 01:36:04.440] Because generally when you don't know the rules and how to fight, then you're going [01:36:04.440 --> 01:36:08.840] to come out a lot more beat up than you had originally contended. [01:36:08.840 --> 01:36:15.000] So, who would I call down there in Louisiana telling them I want to turn myself in? [01:36:15.000 --> 01:36:16.000] You're not. [01:36:16.000 --> 01:36:19.880] You're going to show up at the court and turn yourself in to the court, and then the court [01:36:19.880 --> 01:36:24.840] is either going to tell them to arrest you or immediately let you post bond to get out [01:36:24.840 --> 01:36:25.840] again. [01:36:25.840 --> 01:36:29.760] Either way, I guarantee you you're going to get fingerprinted and mug shot and maybe [01:36:29.760 --> 01:36:33.600] even held in a cell for at least a little while. [01:36:33.600 --> 01:36:38.200] Almost guaranteed that's going to happen, especially in Louisiana, because they love [01:36:38.200 --> 01:36:40.400] that kind of thing. [01:36:40.400 --> 01:36:46.400] They like things in cages in Louisiana. [01:36:46.400 --> 01:36:47.400] Do you know this? [01:36:47.400 --> 01:36:49.600] Yes, sir. [01:36:49.600 --> 01:36:58.800] That's why I was wondering, so really it's hard to fight the Napoleonic law then. [01:36:58.800 --> 01:37:06.040] Well, it's hard to fight any law when you don't understand the rules of the game. [01:37:06.040 --> 01:37:10.000] It doesn't matter whether it's Napoleonic or not. [01:37:10.000 --> 01:37:17.000] The fact is, though, that under Louisiana law, they don't have conditional statutes [01:37:17.000 --> 01:37:18.440] in a lot of ways. [01:37:18.440 --> 01:37:23.560] Their elements are far more direct in many statutes, including speeding. [01:37:23.560 --> 01:37:25.760] The speeding is absolutely prohibitive. [01:37:25.760 --> 01:37:33.360] Now, there used to be a Supreme Court case law that said citing an absolute fixed speed [01:37:33.360 --> 01:37:39.680] limit is completely arbitrary and unenforceable, and that's exactly what Louisiana is doing. [01:37:39.680 --> 01:37:47.240] They are setting a strict speed limit of an arbitrary number to say this is the only speed [01:37:47.240 --> 01:37:52.520] at which you can safely travel the road. [01:37:52.520 --> 01:37:58.920] If you can find the Supreme Court cases that say speeding in and of itself is never something [01:37:58.920 --> 01:38:05.840] that can be criminal because the speed limit is arbitrary, then you have a fighting chance [01:38:05.840 --> 01:38:08.800] of winning this if you take it to court. [01:38:08.800 --> 01:38:14.320] But you better know how to argue it, and you better know how to file the paperwork necessary [01:38:14.320 --> 01:38:16.520] to make the record for it. [01:38:16.520 --> 01:38:20.520] Yes, sir, I understand that. [01:38:20.520 --> 01:38:21.520] Okay. [01:38:21.520 --> 01:38:22.520] Okay. [01:38:22.520 --> 01:38:23.520] One last question before we get off. [01:38:23.520 --> 01:38:24.520] Yes, sir. [01:38:24.520 --> 01:38:27.160] I haven't re-registered my vehicle yet. [01:38:27.160 --> 01:38:28.160] Okay. [01:38:28.160 --> 01:38:30.720] What state are you currently living in? [01:38:30.720 --> 01:38:31.720] Sir? [01:38:31.720 --> 01:38:36.000] What state of the union are you currently living in? [01:38:36.000 --> 01:38:38.000] Missouri. [01:38:38.000 --> 01:38:49.480] Now, I haven't re-registered it, and I'm wondering, should I take the plates off, or? [01:38:49.480 --> 01:38:50.480] Okay. [01:38:50.480 --> 01:38:53.040] Let me go through this again. [01:38:53.040 --> 01:38:57.220] If you're living in Missouri, have you read the Missouri law? [01:38:57.220 --> 01:39:02.520] Do you understand it, and do you know the rules of procedure for going to court under [01:39:02.520 --> 01:39:07.080] these types of cases in Missouri to defend yourself if you get stopped? [01:39:07.080 --> 01:39:11.080] Which I guarantee you, you take all the plates off your car, that's exactly what's going [01:39:11.080 --> 01:39:12.080] to happen. [01:39:12.080 --> 01:39:13.080] Okay. [01:39:13.080 --> 01:39:14.080] Okay. [01:39:14.080 --> 01:39:19.080] Well, did it lay me down until I re-registered? [01:39:19.080 --> 01:39:24.240] Well, again, if you don't re-register it, and they're using license plate scanners in [01:39:24.240 --> 01:39:29.320] Missouri, someone's going to get you a ticket for not having a registered car, because the [01:39:29.320 --> 01:39:31.760] computer will look it up immediately. [01:39:31.760 --> 01:39:36.720] That's when you need to understand that criminal or computer information retrieved by the [01:39:36.720 --> 01:39:43.440] computer from another source where the computer did not generate the information internally [01:39:43.440 --> 01:39:46.600] is considered hearsay in court. [01:39:46.600 --> 01:39:47.600] Okay? [01:39:47.600 --> 01:39:48.600] Okay. [01:39:48.600 --> 01:39:52.440] So you would need to find the case law in Missouri that supports that. [01:39:52.440 --> 01:39:58.640] I've got the case law for Texas, but that's not going to help you if you can't find actual [01:39:58.640 --> 01:40:04.480] Missouri or federal case law dealing with the area that governs Missouri. [01:40:04.480 --> 01:40:06.840] It says the same thing. [01:40:06.840 --> 01:40:07.840] Okay. [01:40:07.840 --> 01:40:12.840] Well, Mr. Eddie, I appreciate you helping me out with my- [01:40:12.840 --> 01:40:18.880] Well, I'm sorry it was not the answer you were looking for, but when you start off stepping [01:40:18.880 --> 01:40:24.480] in the crap, I'm not going to be the one to clean your boots, because I can't do it. [01:40:24.480 --> 01:40:25.480] I understand that. [01:40:25.480 --> 01:40:28.000] I'm not asking you to clean my boots. [01:40:28.000 --> 01:40:30.040] The reason I called you was because I- [01:40:30.040 --> 01:40:31.040] No, no, no. [01:40:31.040 --> 01:40:32.520] I know I'm not accusing you of that. [01:40:32.520 --> 01:40:38.080] I'm just letting people know that I help as best I can, but once you've stepped in it, [01:40:38.080 --> 01:40:40.520] there's not a lot I can do to clean your boots. [01:40:40.520 --> 01:40:41.520] Yeah. [01:40:41.520 --> 01:40:42.520] Yeah. [01:40:42.520 --> 01:40:48.520] So what I did wrong was file before I went to court and didn't show up. [01:40:48.520 --> 01:40:49.520] No. [01:40:49.520 --> 01:40:57.080] What you did wrong was not file early enough before you went into court and not showed up. [01:40:57.080 --> 01:41:00.400] And filing under civil instead of criminal. [01:41:00.400 --> 01:41:01.400] Possibly. [01:41:01.400 --> 01:41:05.200] You'd have to read what you wrote to know for sure that's what you did, but everything [01:41:05.200 --> 01:41:08.280] you described points to that fact. [01:41:08.280 --> 01:41:09.280] Yes. [01:41:09.280 --> 01:41:10.280] Yeah. [01:41:10.280 --> 01:41:11.280] Well. [01:41:11.280 --> 01:41:16.360] And if you read those cases you cited for that, I'm willing to bet you're going to find [01:41:16.360 --> 01:41:19.120] out that everyone of them was dealing with a civil case. [01:41:19.120 --> 01:41:25.200] Yes, they probably were, because that's what I had it for the last time. [01:41:25.200 --> 01:41:26.200] So. [01:41:26.200 --> 01:41:27.200] Yeah. [01:41:27.200 --> 01:41:28.200] All righty. [01:41:28.200 --> 01:41:29.200] Okay. [01:41:29.200 --> 01:41:30.200] Thank you, Mr. Craig. [01:41:30.200 --> 01:41:31.200] I appreciate it. [01:41:31.200 --> 01:41:32.200] Yes, sir. [01:41:32.200 --> 01:41:33.200] I can't see up here, but. [01:41:33.200 --> 01:41:34.200] All right. [01:41:34.200 --> 01:41:37.200] Well, if I ever come through misery, I'll let you know. [01:41:37.200 --> 01:41:40.200] No, I'm talking about on the radio. [01:41:40.200 --> 01:41:41.200] Oh, okay. [01:41:41.200 --> 01:41:42.200] All right. [01:41:42.200 --> 01:41:44.200] I don't have internet, so. [01:41:44.200 --> 01:41:47.200] Well, that's going to be problematic. [01:41:47.200 --> 01:41:48.200] Yeah. [01:41:48.200 --> 01:41:54.200] So I just listened to your YouTube video. [01:41:54.200 --> 01:41:55.200] Oh, okay. [01:41:55.200 --> 01:41:57.200] That's how I found you. [01:41:57.200 --> 01:42:01.840] Yeah, well, if you've got a cell phone, if you've got cell service and you've got internet [01:42:01.840 --> 01:42:06.200] on the phone, you could screen the show on the phone and you could actually listen to [01:42:06.200 --> 01:42:07.200] it that way. [01:42:07.200 --> 01:42:08.200] On my phone? [01:42:08.200 --> 01:42:10.200] If you've got a smart phone, yes. [01:42:10.200 --> 01:42:12.200] It showed era 404. [01:42:12.200 --> 01:42:13.200] Huh? [01:42:13.200 --> 01:42:19.200] It showed era 404 where it says you could listen on Monday night at eight o'clock. [01:42:19.200 --> 01:42:22.920] Yeah, but you got to have an app on the phone that can play the stream. [01:42:22.920 --> 01:42:29.320] I suggest you get something like VLC media player and set that up as the default. [01:42:29.320 --> 01:42:34.160] And then when you click that link, VLC should open and play the stream, but you can't play [01:42:34.160 --> 01:42:35.840] it directly off of a web page. [01:42:35.840 --> 01:42:38.920] You've got to have some app that can do it. [01:42:38.920 --> 01:42:39.920] Oh, okay. [01:42:39.920 --> 01:42:41.920] That's why I couldn't get it. [01:42:41.920 --> 01:42:42.920] Possibly. [01:42:42.920 --> 01:42:47.920] I thought it was something to do with the internet or something. [01:42:47.920 --> 01:42:52.920] Well, not knowing what your phone service is, it very well could, but that's the most likely [01:42:52.920 --> 01:42:53.920] problem. [01:42:53.920 --> 01:42:54.920] Yeah. [01:42:54.920 --> 01:42:58.920] Well, I'm pretty sure that's what it is because it's cheap phone. [01:42:58.920 --> 01:42:59.920] Yeah. [01:42:59.920 --> 01:43:03.800] Just whenever you click on it and it asks what you want to do with it, tell it you want to [01:43:03.800 --> 01:43:07.720] open it, and then it's going to ask you what do you want to open it with. [01:43:07.720 --> 01:43:14.800] Make sure you've got something like VLC or any other type of streaming media capable [01:43:14.800 --> 01:43:19.800] app on your phone that can play the stream when you click on it. [01:43:19.800 --> 01:43:20.800] Okay. [01:43:20.800 --> 01:43:21.800] All right. [01:43:21.800 --> 01:43:22.800] Okay. [01:43:22.800 --> 01:43:23.800] Thank you, Mr. Craig. [01:43:23.800 --> 01:43:25.800] I appreciate all your help, sir. [01:43:25.800 --> 01:43:26.800] Yes, sir. [01:43:26.800 --> 01:43:28.800] You have a good night, and thanks for calling. [01:43:28.800 --> 01:43:29.800] You too, sir. [01:43:29.800 --> 01:43:30.800] All right. [01:43:30.800 --> 01:43:31.800] Bye-bye. [01:43:31.800 --> 01:43:32.800] Bye-bye. [01:43:32.800 --> 01:43:33.800] All right. [01:43:33.800 --> 01:43:37.000] I got a break, so y'all hang on and I'll try to get to everybody in the list. [01:43:37.000 --> 01:44:00.880] No guarantees, but I will try. [01:44:00.880 --> 01:44:06.000] Through advances in technology, our lives have greatly improved except in the area of [01:44:06.000 --> 01:44:07.000] nutrition. [01:44:07.000 --> 01:44:11.000] People feed their pets better than they feed themselves, and it's time we changed all [01:44:11.000 --> 01:44:12.000] that. [01:44:12.000 --> 01:44:17.000] Our primary defense against aging and disease in this toxic environment is good nutrition. [01:44:17.000 --> 01:44:22.720] In a world where natural foods have been irradiated, adulterated, and mutilated, young [01:44:22.720 --> 01:44:26.000] Jevity can provide the nutrients you need. 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[01:45:43.760 --> 01:45:49.960] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:49.960 --> 01:45:52.560] pro se tactics, and much more. [01:45:52.560 --> 01:46:00.480] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [01:46:22.560 --> 01:46:28.920] All right folks, we are back. [01:46:28.920 --> 01:46:30.400] This is rule of law radio. [01:46:30.400 --> 01:46:34.000] We are now in the last segment of this show, and I've got three people up on the board, [01:46:34.000 --> 01:46:35.880] so I'm going to do the best I can here. [01:46:35.880 --> 01:46:38.720] All right, Tyler and Wyoming, what do you got? [01:46:38.720 --> 01:46:40.840] Hey, thanks for taking my call. [01:46:40.840 --> 01:46:45.640] I just want to put on my laptop, but he also is doing... [01:46:45.640 --> 01:46:48.200] Talk into your phone, please, Tyler. [01:46:48.200 --> 01:46:55.600] You're breaking up really bad. [01:46:55.600 --> 01:47:00.880] Could that last caller do a motion to cross the warrant? [01:47:00.880 --> 01:47:02.880] Did he file it? [01:47:02.880 --> 01:47:03.880] No. [01:47:03.880 --> 01:47:04.880] Possibly. [01:47:04.880 --> 01:47:09.360] He can file it, but I guarantee he is not going to do any good because they have absolute [01:47:09.360 --> 01:47:12.880] proof he didn't show up in response to the notice. [01:47:12.880 --> 01:47:13.880] Right. [01:47:13.880 --> 01:47:19.680] The reason I said that, I did that in Wyoming here when I missed a hearing, and I just told [01:47:19.680 --> 01:47:23.320] the judge honestly, missed the notice out of town, and they ended up cautioning it, [01:47:23.320 --> 01:47:26.040] but I had to get in at the next available time. [01:47:26.040 --> 01:47:30.840] Yeah, well, they may work with him, and there ain't no telling, but this is Louisiana, and [01:47:30.840 --> 01:47:33.000] I wouldn't bank on that being the case. [01:47:33.000 --> 01:47:38.760] Now, he's free to go in there and get that deal if that's what they want to do, but I [01:47:38.760 --> 01:47:42.760] would not go in there prepared for that being the only option they've got. [01:47:42.760 --> 01:47:43.760] Okay. [01:47:43.760 --> 01:47:44.760] All right. [01:47:44.760 --> 01:47:45.760] Real quick. [01:47:45.760 --> 01:47:46.760] I didn't know you got out of cars. [01:47:46.760 --> 01:47:47.760] I'll tell you what's quick. [01:47:47.760 --> 01:47:52.600] I've been waiting nine months on the police court judge. [01:47:52.600 --> 01:48:00.640] We appealed on the driving without a driver's license and registration. [01:48:00.640 --> 01:48:06.440] Everything was dropped except the driver's license, and in the discussion case, the judge [01:48:06.440 --> 01:48:07.640] said there was no air. [01:48:07.640 --> 01:48:10.080] He rubber stamped it, basically, for the prosecution. [01:48:10.080 --> 01:48:16.400] He took nine months to get that, and on the discussion, just real quickly, he said appellant [01:48:16.400 --> 01:48:23.240] asserts that he was not an operator of a motor vehicle, but only a traveler and a private [01:48:23.240 --> 01:48:24.240] auto. [01:48:24.240 --> 01:48:28.960] Appellant further asserts that the motor vehicle code contained in Title 31 of the Wyoming [01:48:28.960 --> 01:48:35.040] Statute applies only to commercial vehicles and people engaged in commerce, and then he [01:48:35.040 --> 01:48:42.040] mentions the Wyoming Statute 31.1.1.1 at Sequel, and then he says it applies to all motor vehicles, [01:48:42.040 --> 01:48:53.600] both private and commercial, and contains the following definition, motor vehicle means [01:48:53.600 --> 01:48:58.040] third vehicle, or just self-propelled, except vehicles mean slowly about human power, a [01:48:58.040 --> 01:48:59.040] motorized skateboard. [01:48:59.040 --> 01:49:02.040] First of all, I didn't say we had a vehicle. [01:49:02.040 --> 01:49:06.440] I said we had to find out a whole basis for the argument to who did why. [01:49:06.440 --> 01:49:08.160] Well, this is what I keep telling people. [01:49:08.160 --> 01:49:12.760] The courts intentionally go back to the commercial terminology. [01:49:12.760 --> 01:49:17.560] This is a thing about making sure that in your argument that you have to argue that [01:49:17.560 --> 01:49:24.720] the terms do not exist outside of the regulated subject matter of commercial vehicles. [01:49:24.720 --> 01:49:32.000] A motor vehicle, by definition, and you write the definition the way it is in the statute, [01:49:32.000 --> 01:49:39.360] then you have to argue that this definition only applies under the governing subject matter [01:49:39.360 --> 01:49:45.040] of commercial use via transportation. [01:49:45.040 --> 01:49:54.680] If the individual is not engaged in transportation, the term motor vehicle is 100% inapplicable. [01:49:54.680 --> 01:49:57.280] So that's the way you've got to couch that argument. [01:49:57.280 --> 01:50:01.000] You can't just argue that it doesn't apply because it's commercial. [01:50:01.000 --> 01:50:07.120] You have to support that argument by going to the heart of how this is arranged. [01:50:07.120 --> 01:50:09.720] And everything about it is a hierarchy. [01:50:09.720 --> 01:50:18.560] The subject matter governs the objects that are placed under that subject in law. [01:50:18.560 --> 01:50:20.440] The subject matter is what? [01:50:20.440 --> 01:50:21.440] Transportation. [01:50:21.440 --> 01:50:27.160] Therefore, absent the subject matter, subject matter jurisdiction does not exist. [01:50:27.160 --> 01:50:29.240] The offense does not exist. [01:50:29.240 --> 01:50:37.840] The terminology, the definition does not exist. [01:50:37.840 --> 01:50:42.920] So when they go back to citing the statute, which is what they do every time, you need [01:50:42.920 --> 01:50:50.000] to have already nullified that with the argument that the statute, the person, and the automobile [01:50:50.000 --> 01:50:52.520] are not the subjects. [01:50:52.520 --> 01:50:59.680] They are objects under the subject, and without the subject are completely inapplicable. [01:50:59.680 --> 01:51:02.680] That makes sense. [01:51:02.680 --> 01:51:09.680] Now, I probably work clear on that, but maybe, well, we were, but he just wanted to prep [01:51:09.680 --> 01:51:12.680] the things that get out of it, you know, doing the right thing. [01:51:12.680 --> 01:51:16.000] But he goes on to state here, he quoted a case from 19- [01:51:16.000 --> 01:51:19.000] Now, this is the appellate judge or this is the trial judge? [01:51:19.000 --> 01:51:21.400] This is the appellate judge, Campbell. [01:51:21.400 --> 01:51:28.240] This is in rights versus mealy, that's the case from 1941. [01:51:28.240 --> 01:51:33.200] It said that any appropriate means the states may adopt to regulate the use of public highways [01:51:33.200 --> 01:51:37.440] by motor vehicles is confident with the process, that's the case for you. [01:51:37.440 --> 01:51:41.440] Again, the use of public highways by motor vehicles. [01:51:41.440 --> 01:51:45.480] Again, terminology only associated with transportation. [01:51:45.480 --> 01:51:46.480] Correct. [01:51:46.480 --> 01:51:53.480] Use is commercial use and extraordinary use, completely different from the right of use. [01:51:53.480 --> 01:51:54.480] Okay? [01:51:54.480 --> 01:51:55.480] Well, it gets better. [01:51:55.480 --> 01:51:57.480] Listen to what he says in the next sentence. [01:51:57.480 --> 01:51:59.480] This is in the discussion. [01:51:59.480 --> 01:52:03.480] It says the appellate was operating the motor vehicle on a public highway and admitted that [01:52:03.480 --> 01:52:07.480] he did not have a valid driver's license as required. [01:52:07.480 --> 01:52:11.480] We, it's common sense that we don't, but we weren't driving. [01:52:11.480 --> 01:52:16.480] The fact that you admit that you don't have a license doesn't mean you need one. [01:52:16.480 --> 01:52:18.480] So this is what makes me angry. [01:52:18.480 --> 01:52:23.480] They twist your words and your argument and throw you back into it in the promotion stand. [01:52:23.480 --> 01:52:30.480] Which is why you have to state your issue before your argument very clearly. [01:52:30.480 --> 01:52:33.480] Correct. [01:52:33.480 --> 01:52:34.480] Well, I have no idea. [01:52:34.480 --> 01:52:38.480] What he goes on to say here is the parent therefore that appellate was operating a motor vehicle by [01:52:38.480 --> 01:52:41.480] law for definition and is... [01:52:41.480 --> 01:52:42.480] Yeah, but see, that's just it. [01:52:42.480 --> 01:52:52.480] When he goes to a parent, then somewhere you didn't refute the subject matter. [01:52:52.480 --> 01:53:02.480] So where did you couch the issue of where does the state of Wyoming define the term transportation? [01:53:02.480 --> 01:53:07.480] How does the state of Wyoming define the term transportation? [01:53:07.480 --> 01:53:15.480] The Wyoming legislature said that is the subject matter under which all jurisdiction must exist [01:53:15.480 --> 01:53:19.480] and all definitions in the statutes must exist. [01:53:19.480 --> 01:53:21.480] Where is it defined? [01:53:21.480 --> 01:53:26.480] And if it's not defined, how is it being used as a term of art? [01:53:26.480 --> 01:53:35.480] If it's being used as a term of art, how is the Wyoming courts required by legislation and law to interpret a term of art? [01:53:35.480 --> 01:53:38.480] See, these are the issues you need to be raising. [01:53:38.480 --> 01:53:53.480] Not just once directly relating to it being commercial or noncommercial, but you have to draw a distinct relationship between the term itself as being the governing subject matter and what it means. [01:53:53.480 --> 01:54:09.480] And if this subject matter does not apply to the activity being engaged in, then neither do the definitions. [01:54:09.480 --> 01:54:10.480] No question here. [01:54:10.480 --> 01:54:14.480] Should we wait on this one or take it to Supreme Court? [01:54:14.480 --> 01:54:25.480] Well, again, without knowing how you couch your issues and your arguments, I can't answer what your likelihood of success will be. [01:54:25.480 --> 01:54:34.480] If you didn't argue this the way I'm telling you to argue it, then almost surely you're going to walk into that and get hammered. [01:54:34.480 --> 01:54:36.480] I defined transportation. [01:54:36.480 --> 01:54:38.480] You defined it. [01:54:38.480 --> 01:54:42.480] Did you force the court to define it? [01:54:42.480 --> 01:54:44.480] They didn't. They ignored all the paperwork. [01:54:44.480 --> 01:54:46.480] That's not what I asked you. [01:54:46.480 --> 01:55:03.480] Did you couch the question on transportation in such a way that the court would have to provide it with a definition that would cover everything that falls under it properly? [01:55:03.480 --> 01:55:10.480] Did you ask the question, how does the state of Wyoming define the term transportation? [01:55:10.480 --> 01:55:17.480] How does Wyoming law require a term of art to be interpreted by the courts? [01:55:17.480 --> 01:55:21.480] Did you ask those questions? [01:55:21.480 --> 01:55:24.480] Not those exact questions like that. [01:55:24.480 --> 01:55:26.480] Again, I'm not... [01:55:26.480 --> 01:55:28.480] Listen to me carefully, Tyler. [01:55:28.480 --> 01:55:37.480] Did you couch your issue so as to frame it in a way that raised those questions? [01:55:37.480 --> 01:55:38.480] Yes. [01:55:38.480 --> 01:55:41.480] You think? [01:55:41.480 --> 01:55:43.480] I'm pretty sure. [01:55:43.480 --> 01:55:47.480] I said the whole subject matter was transportation as a code. [01:55:47.480 --> 01:55:50.480] They never proved otherwise. They never verified anything. [01:55:50.480 --> 01:55:59.480] Again, they don't have to prove it is or it isn't. [01:55:59.480 --> 01:56:07.480] They just simply have to show what you're asking them to show if it is an element of the offense. [01:56:07.480 --> 01:56:14.480] And if there is a one subject matter clause in the Wyoming Constitution which we know there is, right? [01:56:14.480 --> 01:56:15.480] Yes. [01:56:15.480 --> 01:56:16.480] Okay. [01:56:16.480 --> 01:56:33.480] Then how does the court use the definition as a standalone subject in exclusion of the actual subject defined by the legislature under which that definition must fall? [01:56:33.480 --> 01:56:38.480] Uh-huh. [01:56:38.480 --> 01:56:55.480] So without phrasing your issues and framing them in a way that makes those distinctions clear and require a response from the court in order to validate their ruling, [01:56:55.480 --> 01:57:03.480] and you're sure you've done that and they didn't respond to it, then by all means pursue it to the higher court. [01:57:03.480 --> 01:57:13.480] But if you can't read what you put in there as the issue to be answered in the way that I have put it to you today, [01:57:13.480 --> 01:57:23.480] then odds are they're going to avoid it at the upper court just like they did this appellate court to say you're wrong. [01:57:23.480 --> 01:57:25.480] Well, and that's one of my concerns. [01:57:25.480 --> 01:57:29.480] They have learned more since this initial ticket. [01:57:29.480 --> 01:57:36.480] And what I'm thinking now is maybe we should just fight it again if we get stopped again on the subject because I have... [01:57:36.480 --> 01:57:39.480] Well, but then guess what happens? [01:57:39.480 --> 01:57:45.480] Now you've got to overcome this ruling against you in your next case. [01:57:45.480 --> 01:57:47.480] Well, they published this so that... [01:57:47.480 --> 01:57:48.480] I have no idea. [01:57:48.480 --> 01:57:50.480] I don't know what level court this is. [01:57:50.480 --> 01:57:54.480] I don't know if it's a precedent-setting court or not. [01:57:54.480 --> 01:57:59.480] The appellate court most certainly would be a precedent-setting court, I'm sure. [01:57:59.480 --> 01:58:08.480] So if that's how they ruled, published or unpublished, someone can cite it. [01:58:08.480 --> 01:58:10.480] Okay. [01:58:10.480 --> 01:58:14.480] So in that case, you should try to beat it with praise, right? [01:58:14.480 --> 01:58:20.480] If you think you made the argument proper where you could get there and win, absolutely. [01:58:20.480 --> 01:58:21.480] Okay. [01:58:21.480 --> 01:58:22.480] All right? [01:58:22.480 --> 01:58:24.480] Yes, sir. [01:58:24.480 --> 01:58:28.480] All right, Eric Charles, I'm sorry guys, I am out of time. [01:58:28.480 --> 01:58:30.480] I'm not going to be able to take your call. [01:58:30.480 --> 01:58:32.480] I tried really hard but didn't get that far. [01:58:32.480 --> 01:58:37.480] I do hope that y'all call in the next show or whatever you need, email me, whatever. [01:58:37.480 --> 01:58:40.480] In any case, I want to thank you all for listening. [01:58:40.480 --> 01:58:43.480] Please remember we need your donations here at the network. [01:58:43.480 --> 01:58:48.480] If you're a person like me, I haven't seen cash money in my hand for a month. [01:58:48.480 --> 01:59:17.480] So all that's there. [01:59:18.480 --> 01:59:44.480] Thank you. [01:59:44.480 --> 01:59:56.480] Thank you.