[00:00.000 --> 00:04.240]  This news brief brought to you by the International News Net.
[00:04.240 --> 00:10.000]  Investigators Monday requested that a court declare former Pakistani president Pervis Musharraf
[00:10.000 --> 00:15.640]  and absconder in the 2007 assassination of former Prime Minister Benazir Bhutto.
[00:15.640 --> 00:20.520]  The Musharraf government blamed Taliban leader Betullah Masood for Benazir's killing,
[00:20.520 --> 00:21.960]  a charge they denied.
[00:21.960 --> 00:27.880]  Investigators presented a report to the court in Rawalpindi listing Musharraf as one of the accused.
[00:27.880 --> 00:33.240]  The document said Musharraf, now living in Britain, issued instructions to senior police officers
[00:33.240 --> 00:35.240]  responsible for Bhutto's security.
[00:35.240 --> 00:43.120]  The US is sending warships, including one with 800 troops and other military assets, to Egypt.
[00:43.120 --> 00:49.320]  The Pentagon has dismissed widespread assumptions that military intervention in Cairo is being contemplated,
[00:49.320 --> 00:57.360]  saying the objective is mainly for the evacuation of US citizens in case the situation in Egypt deteriorates.
[00:57.360 --> 01:03.640]  WikiLeaks founder Julian Assange appeared in a London court Monday to fight his extradition to Sweden
[01:03.640 --> 01:08.400]  with leaked details shedding new light on the rape accusations he faces.
[01:08.400 --> 01:14.560]  If the ruling goes against Assange, he will be able to appeal the decision all the way to the UK's highest court.
[01:14.560 --> 01:20.600]  His lawyers argue if Assange is extradited to Sweden, he runs the risk of illegal rendition to the US,
[01:20.600 --> 01:24.200]  where he could face the death penalty.
[01:24.200 --> 01:30.240]  Baghdad could sign a $12 billion joint venture contract with Royal Dutch Shell this month
[01:30.240 --> 01:34.240]  to capture and market gas from Iraq's southern oil fields.
[01:34.240 --> 01:39.720]  The company is awaiting approval to harvest about 700 million cubic feet a day of gas
[01:39.720 --> 01:43.160]  that is currently being burnt off at oil fields near Basra.
[01:43.160 --> 01:49.120]  The gas, which is pumped along with crude, is being treated as a waste byproduct of oil production
[01:49.120 --> 01:53.080]  due to the country's lack of infrastructure for gas processing.
[01:53.080 --> 01:59.840]  Baghdad hopes to use gas from the oil fields as fuel to boost Iraq's inadequate supply of electricity
[01:59.840 --> 02:01.440]  to the national grid.
[02:01.440 --> 02:06.160]  The chronic electricity situation has provoked widespread social discontent
[02:06.160 --> 02:11.680]  that last summer fueled violent demonstrations in southern Iraq.
[02:11.680 --> 02:15.040]  Ripple effects from the Egyptian uprising have spread to Gaza,
[02:15.040 --> 02:20.240]  where activists are planning a large rally this week, making the Hamas government nervous.
[02:20.240 --> 02:25.440]  Government officials sponsored an official rally in solidarity with Egyptian protesters earlier,
[02:25.440 --> 02:29.280]  but when a small group of journalists and bloggers organized one of their own,
[02:29.280 --> 02:31.760]  six women and eight men were arrested.
[02:31.760 --> 02:36.600]  Two of the women, known for their outspoken criticism of the regime, were beaten up.
[02:36.600 --> 02:40.760]  A Facebook page appeared calling for revolution in Gaza
[02:40.760 --> 02:45.240]  and named February the 11th as a day of protest against the Hamas government.
[02:45.240 --> 02:49.840]  Later, another Facebook page was set up calling for a revolution in Ramallah
[02:49.840 --> 02:52.320]  and the ouster of President Mahmoud Abbas.
[03:19.880 --> 03:20.880]  Hello.
[03:24.400 --> 03:29.880]  Bad boys, what you want, what you gonna, what you gonna do
[03:29.880 --> 03:32.880]  when the sherry sun don't come for you?
[03:35.400 --> 03:40.400]  Tell me, what you wanna do, what you gonna do?
[03:43.400 --> 03:47.560]  Bad boys, bad boys, what you gonna do, what you gonna do
[03:47.560 --> 03:52.080]  when they come for you? Bad boys, bad boys, what you gonna do,
[03:52.080 --> 03:54.720]  what you gonna do when they come for you?
[03:54.720 --> 03:56.880]  When you were eight and you had bad boys.
[03:56.880 --> 03:58.200]  All right, folks, good evening.
[03:58.200 --> 04:02.440]  This is Rule of Law Radio, Eddie Craig, Deborah Stevens, Randy Kelton.
[04:02.440 --> 04:07.920]  It is Monday night, traffic night, February 7th, 2011.
[04:07.920 --> 04:11.120]  Tonight, what we're gonna be going over are some things I've been working on today
[04:11.120 --> 04:17.240]  regarding affidavits to be filed in our traffic cases and other fine-only offense style
[04:17.240 --> 04:21.200]  and in some cases, any other type of case.
[04:21.200 --> 04:26.320]  Now, we're all very aware that there are several things within the Code of Criminal Procedure
[04:26.320 --> 04:34.400]  that the courts and the prosecutors are required to do in order to maintain their integrity
[04:34.400 --> 04:41.160]  with the laws of this state and to ensure the protection of the due process rights of the accused.
[04:41.160 --> 04:46.000]  We are also very aware that these things are not being done.
[04:46.000 --> 04:53.360]  So what I am working on at the moment is a way to, one, we file a list of affidavits
[04:53.360 --> 04:59.200]  asserting certain facts that our due process rights have been denied and how they've been denied.
[04:59.200 --> 05:03.560]  And we're gonna go through that step-by-step in the affidavit dealing with each of the issues
[05:03.560 --> 05:06.240]  that we've outlined in motions.
[05:06.240 --> 05:12.640]  Now, these courts are very, very habitual in what they do.
[05:12.640 --> 05:18.480]  Once they started to ignore certain things, they tend to continue to ignore them,
[05:18.480 --> 05:21.520]  such as affidavits, for example.
[05:21.520 --> 05:27.600]  Well, we're going to formulate these affidavits in the manner that they're going to wind up
[05:27.600 --> 05:32.320]  being irrefutable as a matter of law because they'll be proper affidavits.
[05:32.320 --> 05:38.360]  But they're also going to be irrefutable in that they're not going to respond to them
[05:38.360 --> 05:44.680]  and they're going to wind up standing as statements of fact and truth that we can use
[05:44.680 --> 05:48.400]  as our points of error on appeal.
[05:48.400 --> 05:51.480]  So let's take, for example, one that I've outlined.
[05:51.480 --> 05:53.400]  I have not finished fleshing it out yet.
[05:53.400 --> 05:56.400]  And these will be part of the seminar material.
[05:56.400 --> 05:59.920]  They're not separate from, they're included with.
[05:59.920 --> 06:06.960]  But the first one we're going to deal with deals with some facts surrounding a charge of speeding.
[06:06.960 --> 06:12.360]  Now, for those of you that have been to the seminar class, you know that the two important
[06:12.360 --> 06:20.480]  sections of code that relate to a speeding charge are Transportation Code Section 545.351
[06:20.480 --> 06:24.240]  and 545.352.
[06:24.240 --> 06:35.360]  Now, 545.351b gives us some very specific things that must occur in order for a violation
[06:35.360 --> 06:38.560]  to have happened.
[06:38.560 --> 06:46.520]  The prosecutor never, ever proves these required elements in court on the record.
[06:46.520 --> 06:48.880]  They introduce no evidence.
[06:48.880 --> 06:51.760]  They introduce no facts.
[06:51.760 --> 06:57.760]  They in no way, shape, or form ever prove these elements.
[06:57.760 --> 07:02.640]  The problem with that is that if they don't prove these elements, the charge falls flat
[07:02.640 --> 07:08.200]  on its face because this is the only way a violation can occur.
[07:08.200 --> 07:14.280]  Now, what I've done is I have taken and I am breaking the individual sections dealing
[07:14.280 --> 07:20.560]  with speeding down into an affidavit of fact that we're going to file.
[07:20.560 --> 07:26.080]  And these are the sections that I've got drawn up for what we're going to put in.
[07:26.080 --> 07:31.600]  The first one is Texas law specifically limits the applicability of highway speed signs
[07:31.600 --> 07:37.880]  to specific types of commercial motor vehicles engaged in business upon the highways.
[07:37.880 --> 07:45.680]  There is no designation within this law that such speed signs have any applicability whatsoever
[07:45.680 --> 07:50.600]  to a private non-commercial conveyance.
[07:50.600 --> 08:00.000]  Texas Transportation Code Section 201.904 is titled Speed Signs and is codified as follows.
[08:00.000 --> 08:04.720]  The department shall erect and maintain on the highways and roads of this state appropriate
[08:04.720 --> 08:12.680]  signs that show the maximum lawful speed for commercial motor vehicles, truck tractors,
[08:12.680 --> 08:18.600]  truck trailers, truck semi-trailers, and motor vehicles engaged in the business of transporting
[08:18.600 --> 08:24.760]  passengers for compensation or hire, meaning buses.
[08:24.760 --> 08:31.360]  In Texas law, a speeding charge may only be levied against an accused who commits a violation
[08:31.360 --> 08:41.680]  of each and every element of the laws as proscribed within Texas Transportation Code Section 545.351A
[08:41.680 --> 08:42.680]  and B.
[08:42.680 --> 08:49.960]  Now, what I'm going to do is I'm going to show you those two sections here real quick.
[08:49.960 --> 08:57.840]  And we'll see exactly how these elements have to be violated before the charge can stand.
[08:57.840 --> 09:10.880]  Now, what we have is 545.351 sets up what the conditions are as does 352.
[09:10.880 --> 09:19.280]  And while we're looking at those, we didn't have to see in 352 where they set the prima
[09:19.280 --> 09:21.920]  facie speed limits.
[09:21.920 --> 09:26.680]  But the problem for how they do things is they go to court and the only thing they get
[09:26.680 --> 09:34.680]  the officer to testify to is that the accused traveled faster than the sign said they could
[09:34.680 --> 09:36.880]  go.
[09:36.880 --> 09:40.920]  That is not an element of the offense.
[09:40.920 --> 09:43.040]  It absolutely isn't.
[09:43.040 --> 09:49.720]  In fact, I've got scans of the 2010 version of the county and district attorney's traffic
[09:49.720 --> 09:53.280]  stop prosecution manual.
[09:53.280 --> 10:00.440]  And the manual says very clearly that it is not an offense to travel faster than the posted
[10:00.440 --> 10:02.880]  speed limit.
[10:02.880 --> 10:05.600]  Says it right there in that book.
[10:05.600 --> 10:12.560]  And when you look at the statute, the elements show very clearly that it is not a crime to
[10:12.560 --> 10:16.520]  go faster than the posted speed limit.
[10:16.520 --> 10:21.640]  Now let's look at 352 first and you'll see how they come up with this.
[10:21.640 --> 10:29.000]  Prima facie speed limits, subsection A. A speed in excess of the limits established
[10:29.000 --> 10:37.120]  by subsection B or under another provision of this chapter is prima facie evidence that
[10:37.120 --> 10:42.840]  the speed is not reasonable and prudent and that the speed is unlawful.
[10:42.840 --> 10:47.640]  Now those of you that are familiar with this discussion, prima facie, you already know
[10:47.640 --> 10:55.920]  means on the face of or at first glance, first impression, however you want to say it.
[10:55.920 --> 11:02.880]  But you can do away with a prima facie fact by replacing it with a real, correct, and
[11:02.880 --> 11:05.720]  true fact.
[11:05.720 --> 11:13.120]  For instance, if the speed limit says a curve can only be safely negotiated at 30 miles
[11:13.120 --> 11:22.220]  per hour and you safely negotiate that same curve at 35 miles per hour, the prima facie
[11:22.220 --> 11:33.160]  speed limit of 30 is abolished by the present fact that you safely did it at 35.
[11:33.160 --> 11:38.280]  So going faster than 30 is not an offense.
[11:38.280 --> 11:45.360]  Now had you attempted to negotiate it at 35 and lost control of the car, now you've committed
[11:45.360 --> 11:52.680]  an offense because now you've operated the vehicle at a speed other than was reasonable
[11:52.680 --> 11:59.640]  and prudent under the circumstances then existing.
[11:59.640 --> 12:04.120]  So hopefully everyone that hasn't heard this argument before can understand that through
[12:04.120 --> 12:06.000]  that explanation.
[12:06.000 --> 12:15.400]  Now let's look at subsection B. Unless a special hazard exists that requires a slower speed
[12:15.400 --> 12:19.960]  for compliance with section 545.351B.
[12:19.960 --> 12:27.780]  Now notice there's our link from 352 to 351B.
[12:27.780 --> 12:34.600]  The following speeds are lawful, 30 miles per hour in an urban district or on a street
[12:34.600 --> 12:40.960]  other than an alley and 15 miles per hour in an alley, 70 miles per hour in daytime
[12:40.960 --> 12:48.040]  and 65 miles per hour at nighttime if the vehicle is a passenger car, motorcycle, passenger
[12:48.040 --> 12:58.160]  car or light truck towing a trailer bearing a vessel as defined by section 31.003 Parks
[12:58.160 --> 13:05.120]  and Wildlife Code that is less than 26 feet in length or a passenger car or light truck
[13:05.120 --> 13:12.280]  towing a trailer or semi-trailer used primarily to transport a motorcycle or passenger car
[13:12.280 --> 13:17.680]  or light truck towing a trailer or semi-trailer designed and used primarily to transport dogs
[13:17.680 --> 13:24.520]  or livestock on a highway numbered by this state or the United States outside an urban
[13:24.520 --> 13:28.960]  district including a farm to market or ranch to market road.
[13:28.960 --> 13:33.200]  Now let's break number two down a little bit here.
[13:33.200 --> 13:40.320]  It says that the speed limit prima facie is 70 miles per hour in daytime, 65 miles per
[13:40.320 --> 13:46.440]  hour in nighttime if, now let's look at each of these ifs.
[13:46.440 --> 13:51.720]  The vehicle is a passenger car.
[13:51.720 --> 13:56.280]  What's the legal definition of a passenger car?
[13:56.280 --> 14:04.240]  A passenger car by definition is one that is used to transport passengers for hire.
[14:04.240 --> 14:07.920]  It's not simply a car that can carry people in it.
[14:07.920 --> 14:13.680]  It's one specifically designated for the transportation of passengers.
[14:13.680 --> 14:21.200]  And a passenger in legal definition is one who pays to be transported from point A to
[14:21.200 --> 14:31.280]  point B. So a passenger car would apply to like a shuttle bus, a taxi cab or something
[14:31.280 --> 14:34.200]  of that nature.
[14:34.200 --> 14:38.280]  Then it goes on to say a motorcycle, okay?
[14:38.280 --> 14:44.680]  So it has to be a motorcycle or it has to be a passenger car or it has to be a passenger
[14:44.680 --> 14:52.480]  car or light truck towing a trailer bearing a vessel as the term vessel is defined by
[14:52.480 --> 14:58.280]  section 31.003 Parks and Wildlife Code.
[14:58.280 --> 15:06.040]  And that vessel is less than 26 feet in length and that's it.
[15:06.040 --> 15:14.640]  Or it must be a passenger car or light truck towing a trailer or semi-trailer used primarily
[15:14.640 --> 15:23.280]  to transport a motorcycle or passenger car or light truck towing a trailer or semi-trailer
[15:23.280 --> 15:30.600]  designed and used primarily to transport dogs or livestock on a highway numbered by this
[15:30.600 --> 15:36.880]  state or the United States outside an urban district including a farm to market or ranch
[15:36.880 --> 15:39.480]  to market road.
[15:39.480 --> 15:49.720]  Now I ask you, on the 70 mile per hour per day, 65 per hour at night section of this,
[15:49.720 --> 15:56.420]  which one of these is the majority of us operating when they pull us over?
[15:56.420 --> 16:01.760]  Because what I've just read here is all there is in this section and each one of those is
[16:01.760 --> 16:07.320]  related to something that's either towing something or is hauling passengers for hire
[16:07.320 --> 16:11.860]  or is a motorcycle.
[16:11.860 --> 16:18.200]  It doesn't say anything about any other kind of automobile.
[16:18.200 --> 16:23.520]  So where do they get off saying that just because you went faster than the posted speed
[16:23.520 --> 16:30.480]  limit you committed a violation even in the prima facie sense?
[16:30.480 --> 16:36.280]  Because the prima facie sense right here says that certain things must apply before that
[16:36.280 --> 16:40.160]  speed limit will apply.
[16:40.160 --> 16:45.960]  And the majority of the time this hasn't happened or you're not in this type of conveyance.
[16:45.960 --> 16:53.200]  All right, folks, we'll pick this up on the other side, 512-646-1984 is the call in number.
[16:53.200 --> 16:56.800]  This is Rule of Law Radio, Eddie Craig, Deborah Stevens, Randy Kelton.
[16:56.800 --> 17:02.160]  We will be right back.
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[18:49.720 --> 18:58.760]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.760 --> 19:01.760]  collectors now.
[19:01.760 --> 19:13.560]  All right, folks.
[19:13.560 --> 19:14.560]  We are back.
[19:14.560 --> 19:15.560]  Rule of Law Radio.
[19:15.560 --> 19:17.760]  This is Eddie Craig, David Stevens, Randy Kelton.
[19:17.760 --> 19:18.760]  Okay.
[19:18.760 --> 19:23.480]  We're talking about filing affidavits to contest certain charges and to set up statement of
[19:23.480 --> 19:30.960]  facts on the record in these traffic cases or in these other misdemeanor cases.
[19:30.960 --> 19:38.000]  Now one thing you will notice if you go to 545.352 of the transportation code and look
[19:38.000 --> 19:47.560]  it up, there are actually two different subsection Bs according to the date stamps on these.
[19:47.560 --> 19:54.120]  They are enacted by the same legislature at the same time, but they are formatted differently
[19:54.120 --> 19:59.360]  and they actually contain different text.
[19:59.360 --> 20:07.440]  So that right there creates an instant problem as far as the constitutionality of this statute
[20:07.440 --> 20:14.400]  because they created the same statute twice, but they've given it a different set of criteria
[20:14.400 --> 20:19.760]  in each one and then tried to say they both apply.
[20:19.760 --> 20:22.840]  I don't know how that's going to work.
[20:22.840 --> 20:27.920]  So let's see what the second subsection B has.
[20:27.920 --> 20:32.960]  Unless a special hazard exists that requires a slower speed for compliance with section
[20:32.960 --> 20:39.280]  545.351B, the following speeds are lawful.
[20:39.280 --> 20:44.080]  Now this one, we go back to number one, which is 30 miles per hour in an urban district
[20:44.080 --> 20:48.520]  on a street other than an alley and 15 miles per hour in an alley.
[20:48.520 --> 20:52.780]  That one matches the first one almost verbatim.
[20:52.780 --> 21:00.640]  Number two, however, 70 miles per hour in daytime and 65 miles per hour in nighttime
[21:00.640 --> 21:07.720]  if the vehicle is on a highway numbered by this state or the United States outside an
[21:07.720 --> 21:14.240]  urban district, including a farm to market or ranch to market road, except as provided
[21:14.240 --> 21:17.880]  by subdivision four.
[21:17.880 --> 21:27.400]  Now subdivision four then reads, outside an urban district, A, 60 miles per hour if the
[21:27.400 --> 21:32.040]  vehicle is a school bus that has passed a commercial motor vehicle inspection under
[21:32.040 --> 21:40.240]  section 548.201 and is on a highway numbered by the United States or this state, including
[21:40.240 --> 21:48.920]  a farm to market road, B, 50 miles per hour if the vehicle is a school bus that one, has
[21:48.920 --> 21:57.020]  not passed a commercial motor vehicle inspection under section 548.201, or two, is traveling
[21:57.020 --> 22:03.920]  on a highway not numbered by the United States or this state, or C, 60 miles per hour in
[22:03.920 --> 22:11.580]  daytime and 55 miles per hour in nighttime if one, the vehicle is a truck other than
[22:11.580 --> 22:19.280]  a light truck, or if the vehicle is a truck, tractor, trailer, or semi-trailer, and two,
[22:19.280 --> 22:26.840]  the vehicle is on a farm to market or ranch to market road.
[22:26.840 --> 22:36.360]  And as you can see, there are multiple variations in subsection B between these two statutes.
[22:36.360 --> 22:42.120]  So the problem here is which one of these holds sway over the other?
[22:42.120 --> 22:48.000]  They can't declare them both valid because then they get to pick and choose which statute
[22:48.000 --> 22:49.640]  they charge you with.
[22:49.640 --> 22:55.480]  Well, we're going to charge you with B today, worded this way, and we can charge you with
[22:55.480 --> 23:01.320]  the other B tomorrow charged that way, and then we can charge you twice because we're
[23:01.320 --> 23:05.760]  not charging you for the same offense under the same section of code.
[23:05.760 --> 23:09.880]  Does that seem like a possibility?
[23:09.880 --> 23:16.280]  It certainly does to me because the numbering set up between the two sections is slightly
[23:16.280 --> 23:24.820]  different but they both say that they are the subsection B of 545.352.
[23:24.820 --> 23:30.080]  So that right there raises a very big flag right off the bat.
[23:30.080 --> 23:33.920]  But if you read through that, you'll see how they've got the various speed limits set up
[23:33.920 --> 23:40.440]  for the individual types of roads, but you will also see that that section varies under
[23:40.440 --> 23:42.920]  the two different parts here.
[23:42.920 --> 23:54.960]  Now the other problem is that they also have different section rules for other parts of
[23:54.960 --> 24:00.640]  this as well, and this creates a complete and total mess for how this is working.
[24:00.640 --> 24:05.760]  So we've got to figure out what they were trying to do here and get them to fix this
[24:05.760 --> 24:09.160]  because this is ridiculously messed up.
[24:09.160 --> 24:17.160]  But now let's look, since both of these subsection Bs under 352 reference 351B, let's take a
[24:17.160 --> 24:21.560]  look at 351 and see what it says.
[24:21.560 --> 24:30.080]  Now 351 545.351 transportation code is titled maximum speed requirement.
[24:30.080 --> 24:36.660]  Subsection A, an operator may not drive at a speed greater than is reasonable and prudent
[24:36.660 --> 24:41.820]  under the circumstances then existing.
[24:41.820 --> 24:49.500]  Subsection B, an operator, one, may not drive a vehicle at a speed greater than is reasonable
[24:49.500 --> 24:55.760]  and prudent under the conditions and having regard for actual and potential hazards then
[24:55.760 --> 24:57.620]  existing.
[24:57.620 --> 25:05.900]  So the prosecution must prove, one, that the driver of the vehicle that they're charged
[25:05.900 --> 25:17.200]  with speeding did not take into consideration whether or not actual or potential hazards
[25:17.200 --> 25:18.200]  existed.
[25:18.200 --> 25:23.440]  Now how are they going to prove that is the first problem.
[25:23.440 --> 25:33.040]  How do you prove someone did not take notice of an actual or potential hazard?
[25:33.040 --> 25:38.720]  I can't think of but one way to actually prove it and I'll come back to that in a minute
[25:38.720 --> 25:42.320]  but think about that for a second.
[25:42.320 --> 25:51.160]  And in addition to this, number two, shall control the speed of the vehicle as necessary
[25:51.160 --> 25:57.960]  to avoid colliding with another person or vehicle that is on or entering the highway
[25:57.960 --> 26:05.160]  in compliance with law and the duty of each person to use due care.
[26:05.160 --> 26:08.600]  Well there's your answer to number one.
[26:08.600 --> 26:15.280]  The only way to prove that someone did not take notice of actual or potential hazards
[26:15.280 --> 26:23.560]  is if they have an accident or lose control of their car or harm something or someone
[26:23.560 --> 26:27.720]  because of that hazard.
[26:27.720 --> 26:35.040]  And sub-item two here says that the speed must be a contributing factor as to why that
[26:35.040 --> 26:40.580]  loss of control or collision occurred.
[26:40.580 --> 26:48.440]  So now we're back to the questions that I've always said that you need to ask the officer.
[26:48.440 --> 26:51.460]  Did you see me have an accident?
[26:51.460 --> 26:54.200]  Did you see me damage property?
[26:54.200 --> 26:57.880]  Did you see me cause anyone else to have an accident?
[26:57.880 --> 27:03.000]  Did you see me cause anyone else to damage property?
[27:03.000 --> 27:10.680]  If he answers no to all of those, then the fact is that you have complied with one, you
[27:10.680 --> 27:18.460]  did take complete notice and observation of all potential and existing hazards and two,
[27:18.460 --> 27:25.080]  you did control and operate your conveyance at a speed that allowed you to not collide
[27:25.080 --> 27:35.360]  with any person or automobile or piece of property that was on or entering the highway.
[27:35.360 --> 27:44.720]  And if you've done that successfully, there is no way to charge you with speeding.
[27:44.720 --> 27:50.640]  It's absolutely ludicrous that these people are getting away with making this accusation
[27:50.640 --> 27:58.000]  and stealing money from the public without having to prove a single one of these elements
[27:58.000 --> 28:06.760]  when the law is very clear that they must prove every single one of these elements.
[28:06.760 --> 28:09.560]  But people don't do it.
[28:09.560 --> 28:16.160]  They don't make the argument and they don't demand, as they should, that the moment the
[28:16.160 --> 28:22.760]  prosecution says their rest, they've done everything they have to do, then you stand
[28:22.760 --> 28:25.640]  up and you immediately address the court.
[28:25.640 --> 28:32.360]  I move the court for a directed verdict in favor of the defense.
[28:32.360 --> 28:39.840]  The state has failed to prove the necessary elements of the charge.
[28:39.840 --> 28:42.040]  That's it.
[28:42.040 --> 28:49.320]  You don't have to ask the first question during trial and you can still get the directed verdict
[28:49.320 --> 28:56.280]  because they have introduced no evidence to any of these elements.
[28:56.280 --> 29:04.240]  If the judge asks you why you believe you're entitled to a directed verdict, tell him.
[29:04.240 --> 29:06.700]  The state has failed to prove its case.
[29:06.700 --> 29:12.840]  It has not shown a single violation of any of the required elements.
[29:12.840 --> 29:18.680]  Traveling faster than the numbers on the sign is not a violation.
[29:18.680 --> 29:22.560]  There has to be more.
[29:22.560 --> 29:30.520]  And they didn't produce any evidence that there was more.
[29:30.520 --> 29:35.840]  So we're going to put this into an affidavit and we're going to file this affidavit in
[29:35.840 --> 29:38.020]  the case.
[29:38.020 --> 29:44.520]  And that's going to stand as our rebuttable error on appeal that the trial court misapplied
[29:44.520 --> 29:47.840]  the law and did not require the state to prove its case.
[29:47.840 --> 29:48.840]  All right, folks.
[29:48.840 --> 29:53.200]  We're about to go to break, 512-646-1984.
[29:53.200 --> 29:56.240]  We're going to go over a couple of other things when we get back and then we'll start taking
[29:56.240 --> 29:57.240]  your calls.
[29:57.240 --> 29:58.240]  So please hang on.
[29:58.240 --> 30:04.560]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted
[30:04.560 --> 30:06.440]  by our own Eddie Craig.
[30:06.440 --> 30:10.800]  Eddie is a former Nacogdoches County Sheriff's Deputy and for the past 21 years he has studied
[30:10.800 --> 30:15.280]  the due process of law and now offers his knowledge to you at a law seminar every Saturday
[30:15.280 --> 30:21.000]  from 3 o'clock to 6 o'clock at Brave New Books located at 1904 Guadalupe Street in Austin,
[30:21.000 --> 30:22.000]  Texas.
[30:22.000 --> 30:23.000]  Admission is $20.
[30:23.000 --> 30:26.640]  So please make plans to come and sit with Eddie and learn for yourself what the true
[30:26.640 --> 30:30.080]  intent of law really is.
[30:30.080 --> 30:34.280]  When you surf the Internet you may get the false impression that you're alone, but advertisers
[30:34.280 --> 30:38.160]  are likely to be watching and a Gallup poll says we don't like it one bit.
[30:38.160 --> 30:42.640]  I'm Dr. Catherine Albrecht and I'll be back to tell you more in just a moment.
[30:42.640 --> 30:47.960]  Your search engine is watching you, recording all your searches and creating a massive database
[30:47.960 --> 30:49.680]  of your personal information.
[30:49.680 --> 30:53.040]  That's creepy, but it doesn't have to be that way.
[30:53.040 --> 30:56.160]  Startpage.com is the world's most private search engine.
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[31:00.280 --> 31:02.560]  cookies and they're third party certified.
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[31:09.920 --> 31:12.880]  Startpage.com, the world's most private search engine.
[31:12.880 --> 31:17.080]  According to a new Gallup poll, most Americans are not aware they're being trapped and profiled
[31:17.080 --> 31:20.640]  as they surf the Internet, but they clearly hate the idea.
[31:20.640 --> 31:24.920]  Researchers ask Internet users if advertisers should be allowed to customize online ads
[31:24.920 --> 31:29.320]  to match the websites they've visited, 67% said no.
[31:29.320 --> 31:32.240]  Nevertheless, advertisers continue their stealthy ways.
[31:32.240 --> 31:35.000]  Here are three tips to stop the snooping.
[31:35.000 --> 31:39.600]  Number one, stick to privacy friendly websites when possible, especially for web searches.
[31:39.600 --> 31:43.640]  Your search terms reveal a lot about you, like your interests and your medical conditions.
[31:43.640 --> 31:45.880]  Number two, delete tracking cookies.
[31:45.880 --> 31:49.920]  And number three, visit websites through a proxy, like the one at Startpage.com.
[31:49.920 --> 31:54.400]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[31:54.400 --> 32:21.280]  All right, folks, we are back.
[32:21.280 --> 32:26.080]  This is Rule of Law Radio, Eddie Craig, Deborah Stevens, Randy Kelton.
[32:26.080 --> 32:30.040]  It is traffic night, and we are going over some affidavit material that we're going
[32:30.040 --> 32:33.760]  to be formulating and adding to the seminar material.
[32:33.760 --> 32:38.400]  And we're going to integrate that, and we're going to make sure that some of these documents
[32:38.400 --> 32:41.640]  are the very first things we're going to get filed in court.
[32:41.640 --> 32:48.600]  Now, most of the way that I try to write these is that I write them generic enough that virtually
[32:48.600 --> 32:50.700]  anybody can use them.
[32:50.700 --> 32:58.120]  The beauty of these affidavits is, is this is what they do across the board.
[32:58.120 --> 33:04.560]  And so unless you are actually in a speeding case where an accident was the result of the
[33:04.560 --> 33:11.600]  speeding, this affidavit will apply to you verbatim as is in the state of Texas.
[33:11.600 --> 33:15.480]  All you've got to do is change the names on it and sign it.
[33:15.480 --> 33:20.260]  Now, the other thing, these documents, I'm going to have to go back through everything,
[33:20.260 --> 33:25.680]  and I'm going to make sure that these documents have hyperlinks embedded in them.
[33:25.680 --> 33:29.640]  When you print them out, they're going to look normal, but when you're actually sitting
[33:29.640 --> 33:33.920]  there and you are filling out this form as an affidavit when you're typing in your new
[33:33.920 --> 33:39.120]  information, you're also going to be able to click on the link to the individual code
[33:39.120 --> 33:42.080]  so that the code will pop up in front of you.
[33:42.080 --> 33:44.440]  I ask that you please read it.
[33:44.440 --> 33:47.960]  Whether or not you understand it is going to be irrelevant.
[33:47.960 --> 33:49.200]  Read it.
[33:49.200 --> 33:53.280]  The reason I want you to read it and the reason I'm going to put these hotlinks available
[33:53.280 --> 33:59.800]  in the document is because the document is an affidavit signed under penalty of perjury.
[33:59.800 --> 34:03.480]  And one of the statements in the affidavit is that you have personal knowledge of the
[34:03.480 --> 34:06.520]  contents and facts therein.
[34:06.520 --> 34:15.360]  So you need to have seen the statute in order to make that statement and make it truthfully.
[34:15.360 --> 34:18.240]  I don't care that you don't understand the statute.
[34:18.240 --> 34:20.680]  You just have to have seen it.
[34:20.680 --> 34:23.720]  Then the affidavit is true and correct.
[34:23.720 --> 34:26.720]  And that's what we're attesting to.
[34:26.720 --> 34:28.200]  I've verified the facts.
[34:28.200 --> 34:30.160]  I've put the facts in there.
[34:30.160 --> 34:33.160]  The court's going to have to take a look at it.
[34:33.160 --> 34:38.520]  Because one thing I can almost guarantee you is that the prosecution and the court will
[34:38.520 --> 34:43.520]  make no effort whatsoever to refute the affidavit.
[34:43.520 --> 34:49.720]  They will, in fact, ignore it as if it was never filed.
[34:49.720 --> 34:56.800]  That's going to be to their detriment because they're going to ignore relevant facts.
[34:56.800 --> 35:03.320]  They're going to move forward with a prosecution based upon false information and false facts
[35:03.320 --> 35:06.360]  presented by the prosecution.
[35:06.360 --> 35:12.680]  The court will have sanctioned that knowing full well that it was invalid.
[35:12.680 --> 35:20.440]  And now not only have we got our record for appeal for reviewable error, we've got our
[35:20.440 --> 35:26.560]  record for filing the lawsuit and they made it happen for us.
[35:26.560 --> 35:30.960]  Because we can show where the law was very clear in what was required, they refused to
[35:30.960 --> 35:36.480]  abide by the law, they attempted to railroad you through the court for the purpose of generating
[35:36.480 --> 35:41.560]  their revenue, and now the jig is up.
[35:41.560 --> 35:44.480]  Now we can prove it.
[35:44.480 --> 35:49.680]  It's not even going to matter whether or not we actually get the testimony in the affidavit
[35:49.680 --> 35:52.360]  in front of the jury.
[35:52.360 --> 35:57.120]  Because we all know that the court's going to do its best at the lower levels to ensure
[35:57.120 --> 35:59.000]  you're convicted.
[35:59.000 --> 36:03.360]  So they're not going to allow you to bring the law in if they can prevent it.
[36:03.360 --> 36:07.080]  They're not going to allow you to get these facts in front of the jury if they can prevent
[36:07.080 --> 36:08.080]  it.
[36:08.080 --> 36:14.240]  But they cannot stop you from filing the affidavit that contains the facts.
[36:14.240 --> 36:20.440]  And that as a part of the record will be reviewed on appeal.
[36:20.440 --> 36:23.200]  So that's where we're going to go with this.
[36:23.200 --> 36:28.680]  We will make very short, briefs and motions now because all the facts will be in the affidavit
[36:28.680 --> 36:30.280]  regarding the statute.
[36:30.280 --> 36:32.140]  We don't even have to make argument.
[36:32.140 --> 36:37.800]  We just have to piece the statutes together to clearly show this is what should have been
[36:37.800 --> 36:42.560]  done at this stage and it was not done.
[36:42.560 --> 36:50.160]  This is how we're going to try to start getting this system fixed and making them obey it.
[36:50.160 --> 36:55.880]  Now that being said, let's go back over here and finish up with this on what we have.
[36:55.880 --> 37:02.560]  The same argument is going to be made in an affidavit regarding the summons.
[37:02.560 --> 37:07.520]  The same argument is going to be made regarding the information and complaint.
[37:07.520 --> 37:11.920]  And the same argument is going to be made in reference to the driver's license.
[37:11.920 --> 37:17.840]  I've been reading some case law and I have found several things that are going to be
[37:17.840 --> 37:20.440]  a very big help for us.
[37:20.440 --> 37:26.760]  One of which is that the complaint itself must be specific.
[37:26.760 --> 37:31.080]  It doesn't have to give you all the elements of the offense.
[37:31.080 --> 37:36.600]  But it must give you enough information about the offense that you can determine what you
[37:36.600 --> 37:39.040]  need to know as far as the elements.
[37:39.040 --> 37:46.000]  Well, the problem is if they don't give you the statutory reference number, that's not
[37:46.000 --> 37:47.920]  easy to do.
[37:47.920 --> 37:50.280]  You're left guessing.
[37:50.280 --> 37:56.400]  So we're going to assert through affidavit that this left us in a state where we are
[37:56.400 --> 38:01.320]  unable to create a proper defense.
[38:01.320 --> 38:08.240]  We're going to challenge 45.019 on a constitutional basis.
[38:08.240 --> 38:11.600]  And this is the arguments we're going to make.
[38:11.600 --> 38:19.640]  The Texas Constitution says specifically that the accused is entitled to a written statement
[38:19.640 --> 38:24.920]  of the nature and cause against that individual.
[38:24.920 --> 38:29.760]  Why doesn't the complaint have that in it?
[38:29.760 --> 38:35.680]  It doesn't tell us if we're being charged with a crime, an administrative violation
[38:35.680 --> 38:38.480]  or a civil violation.
[38:38.480 --> 38:41.800]  And a complaint would cover any of those.
[38:41.800 --> 38:48.400]  So just the fact that it says complaint does not allude to its nature.
[38:48.400 --> 38:55.480]  So why doesn't the complaint say this is a criminal charge of?
[38:55.480 --> 38:56.680]  It doesn't.
[38:56.680 --> 39:01.840]  So we argue that's one aspect of why it's unconstitutional.
[39:01.840 --> 39:09.080]  The other is that you have the right to know the cause against you, not just some idiot's
[39:09.080 --> 39:18.920]  definition of a cause such as FTFR, which is what the cop usually writes on the citation
[39:18.920 --> 39:26.400]  and I've seen on the actual complaint, just the initials for the alleged defense.
[39:26.400 --> 39:32.120]  How is the layman supposed to know what those initials stand for?
[39:32.120 --> 39:40.560]  And yet the court uses that as if it's a valid specific complaint when it's not.
[39:40.560 --> 39:45.600]  The other aspect is, is let's use the driver's license as an example.
[39:45.600 --> 39:54.160]  If they charge you with driving while driver's license invalid or driving while license invalid,
[39:54.160 --> 39:57.200]  then it's not a specific charge.
[39:57.200 --> 39:59.480]  Why?
[39:59.480 --> 40:03.000]  Because the license could be any kind of freaking license.
[40:03.000 --> 40:06.760]  Driving while your dental license is invalid.
[40:06.760 --> 40:12.120]  Driving while your plumber's license is invalid.
[40:12.120 --> 40:15.800]  The charge is not specific.
[40:15.800 --> 40:21.680]  And then if it does happen to say driving while driver's license invalid, that's still
[40:21.680 --> 40:31.360]  not a specific charge because 521.001 subsection three says that there are three possible things
[40:31.360 --> 40:34.280]  that comprise a driver's license.
[40:34.280 --> 40:38.860]  And none of those three things are listed in the complaint.
[40:38.860 --> 40:41.720]  So it's not specific.
[40:41.720 --> 40:48.040]  You haven't said which of the three possibilities that formulate a driver's license I am alleged
[40:48.040 --> 40:51.880]  to have driven with while it was invalid.
[40:51.880 --> 40:54.320]  Was it a learner's permit?
[40:54.320 --> 40:59.080]  Was it the occupational license or was it a temporary license?
[40:59.080 --> 41:05.920]  Which one of those three are you saying that I was driving with while it was invalid?
[41:05.920 --> 41:09.800]  Be specific.
[41:09.800 --> 41:14.880]  So we're going to start attacking the complaints directly.
[41:14.880 --> 41:20.640]  We're going to start attacking the charge directly.
[41:20.640 --> 41:23.920]  These are how we're going to do it is through these affidavits.
[41:23.920 --> 41:29.440]  We need to get everyone filing these without question, without fail.
[41:29.440 --> 41:33.080]  Every time the case comes up, file these affidavits.
[41:33.080 --> 41:37.240]  These are going to be numbered in the seminar material that these are going to be filed
[41:37.240 --> 41:40.560]  immediately if this is your charge.
[41:40.560 --> 41:43.400]  And I've set them up where they're real easy to identify.
[41:43.400 --> 41:46.760]  Those that have the seminar material, you'll notice that I've got the documents organized
[41:46.760 --> 41:48.880]  according to type.
[41:48.880 --> 41:52.760]  For instance, if it's got CMP in the name, it's a complaint.
[41:52.760 --> 41:55.680]  If it's got AFF, it's an affidavit.
[41:55.680 --> 41:58.800]  If it's got MTN, it's a motion.
[41:58.800 --> 42:01.900]  And if it's got BRF, it's a brief.
[42:01.900 --> 42:04.680]  So it's organized in accordance with that.
[42:04.680 --> 42:07.640]  It's also organized according to a number.
[42:07.640 --> 42:10.840]  The very first thing is a number like 01.
[42:10.840 --> 42:13.460]  This is filed at the first stage.
[42:13.460 --> 42:19.200]  Step one, first document that's going to be filed is this.
[42:19.200 --> 42:25.000]  So anything that starts with a 01, that's what you're going to file.
[42:25.000 --> 42:29.320]  Anything that's got a 02, there will be a set of conditions that says, this is when
[42:29.320 --> 42:32.240]  you file 02s.
[42:32.240 --> 42:33.760]  And we'll get all this laid out.
[42:33.760 --> 42:39.000]  As you can see, the seminar material is ever evolving and progressing so that we can use
[42:39.000 --> 42:45.800]  it to the most advantageous capability we can manage.
[42:45.800 --> 42:52.640]  We want to be able to fight, fight hard, fight well, win our case, prove our point, and fix
[42:52.640 --> 42:56.380]  this system and get it off our backs.
[42:56.380 --> 43:01.380]  The only way we're going to do that is just like what I told the people down at the seminar.
[43:01.380 --> 43:10.760]  You must learn the rules better than they know the rules because they don't know the
[43:10.760 --> 43:12.920]  rules.
[43:12.920 --> 43:20.400]  And since we are right now dead even with them, we're losing because in the case of
[43:20.400 --> 43:23.560]  a tie, government wins.
[43:23.560 --> 43:29.880]  So we need to break the tie by knowing the rules better because by knowing the rules,
[43:29.880 --> 43:34.400]  we can then challenge where they're violated.
[43:34.400 --> 43:35.400]  And we've got to do that.
[43:35.400 --> 43:37.600]  All right, folks, we're going to break.
[43:37.600 --> 43:39.280]  I'm done with the presentation.
[43:39.280 --> 43:46.400]  So if you have any calls, 512-646-1984, this is Rule of Law Radio, Eddie Craig, Debra Stevens,
[43:46.400 --> 43:47.400]  Randy Kelton.
[43:47.400 --> 44:00.920]  We'll be right back on the other side of the break.
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[46:51.400 --> 46:57.200]  All right, folks, we are back.
[46:57.200 --> 47:02.200]  Rule of Law Radio, Monday night, traffic night, and we're going over some material here regarding
[47:02.200 --> 47:05.160]  affidavits in the traffic cases.
[47:05.160 --> 47:08.720]  Just real quick, one other thing before we get to our first caller on the board here,
[47:08.720 --> 47:10.800]  Chase in Texas.
[47:10.800 --> 47:14.800]  We've got some reports that we downloaded or that was actually sent to me by one of
[47:14.800 --> 47:17.440]  our other listeners, Tim.
[47:17.440 --> 47:25.280]  And this is the judicial conduct complaint report that was generated in FY02.
[47:25.280 --> 47:29.200]  And one of these is something that we've complained about for quite a while.
[47:29.200 --> 47:33.880]  And let me tell you how they handled one of these in this situation.
[47:33.880 --> 47:39.040]  The judge allowed his court clerk to receive pleas from and assess fines against students
[47:39.040 --> 47:42.200]  and parents accused of truancy violations.
[47:42.200 --> 47:48.280]  The judge abdicated his official judicial duties, which is violations of Canons 2A and
[47:48.280 --> 47:52.320]  3B1, Texas Code of Judicial Conduct.
[47:52.320 --> 47:56.640]  And they gave this Justice of the Peace a private warning about this.
[47:56.640 --> 48:02.240]  Well, when you go down to these municipal courts, who's taking the plea?
[48:02.240 --> 48:05.080]  Who's wanting your money?
[48:05.080 --> 48:06.480]  It's the clerks.
[48:06.480 --> 48:09.120]  It's not the judges.
[48:09.120 --> 48:14.600]  So now here's another good reason, as we said before, but the nice thing about this report
[48:14.600 --> 48:19.800]  is it tells us exactly what canons to complain they violated.
[48:19.800 --> 48:24.680]  So heads up, we got this report, and it'll come in very handy.
[48:24.680 --> 48:27.480]  Okay, now our first caller, Chase.
[48:27.480 --> 48:30.080]  Hi, Chase, what can we do for you?
[48:30.080 --> 48:32.520]  Hi, thanks so much for taking my call.
[48:32.520 --> 48:38.000]  I just wanted to say, you know, I've been listening for a couple of months now, and
[48:38.000 --> 48:44.040]  funny enough, I ended up getting a speeding in a school zone ticket the other day.
[48:44.040 --> 48:50.360]  Actually it was in December, and after listening to you talk to a bunch of different people
[48:50.360 --> 48:56.760]  and give your presentations, I was a lot more confident than I've ever felt in trying to
[48:56.760 --> 48:59.060]  challenge the court system.
[48:59.060 --> 49:03.720]  So I appreciate that, giving me that confidence.
[49:03.720 --> 49:11.200]  Nevertheless, I ended up going down and telling them that I wanted to have a trial rather
[49:11.200 --> 49:15.640]  than paying for it and playing no contest.
[49:15.640 --> 49:19.280]  And you know, when I first went in, I didn't know what to expect, because it's different
[49:19.280 --> 49:20.280]  in every state.
[49:20.280 --> 49:23.080]  I'm from Florida, so this is the first time I've dealt with it in Texas.
[49:23.080 --> 49:31.800]  I spoke with the judge because I wanted to circumvent the prosecutor, because to my understanding
[49:31.800 --> 49:37.720]  I don't even know the purpose of the prosecutor personally, because it seems like the prosecutor
[49:37.720 --> 49:40.880]  is not there to argue with you.
[49:40.880 --> 49:46.280]  So I didn't quite understand whenever they said, well, you know...
[49:46.280 --> 49:49.320]  He's there to plea bargain with you, not to argue with you.
[49:49.320 --> 49:54.520]  In other words, he is there to try to get you to take a deal, to minimize their cost,
[49:54.520 --> 49:57.880]  and maximize the amount of money they can get out of you.
[49:57.880 --> 49:58.880]  Right.
[49:58.880 --> 50:05.640]  And so, well, I was like, I disagree with that, that going that route, I thought I would
[50:05.640 --> 50:11.600]  just take it straight to trial instead, to a judge who is neutral, supposedly.
[50:11.600 --> 50:15.120]  Please tell me you didn't ask for a bench trial.
[50:15.120 --> 50:16.720]  I did.
[50:16.720 --> 50:18.840]  Don't ever do that.
[50:18.840 --> 50:23.200]  The first thing you need to do is file a written motion withdrawing your request for a bench
[50:23.200 --> 50:25.840]  trial and demand a jury trial.
[50:25.840 --> 50:31.400]  Do not ever go before a judge in Texas without a jury.
[50:31.400 --> 50:32.400]  Okay.
[50:32.400 --> 50:33.400]  Thank you for that.
[50:33.400 --> 50:35.440]  That is a guaranteed railroad job.
[50:35.440 --> 50:36.440]  All right.
[50:36.440 --> 50:40.920]  Well, I did ask the clerk for all the paperwork that was involved with the speeding in a school
[50:40.920 --> 50:49.280]  zone offense, which I was going the posted speed limit, not the school zone blinking speed
[50:49.280 --> 50:50.280]  limit.
[50:50.280 --> 50:56.120]  And, you know, I really didn't feel like it was fair what happened because I haven't received
[50:56.120 --> 50:58.000]  a speeding ticket in a very, very long time.
[50:58.000 --> 51:02.440]  On top of that, you know, you have to be able to visibly see the blinking light in order
[51:02.440 --> 51:08.440]  to understand that that is a certain time of day that I guess they're trying to enforce
[51:08.440 --> 51:10.600]  that rule.
[51:10.600 --> 51:21.280]  So in other words, I'm glad that I did call because now I know that I need to ask for
[51:21.280 --> 51:22.280]  a jury trial.
[51:22.280 --> 51:23.280]  Now, here's what's interesting.
[51:23.280 --> 51:28.520]  Whenever I went in and they gave us the choice between a bench trial and a jury trial, the
[51:28.520 --> 51:32.720]  judge was very discouraging on getting a jury trial.
[51:32.720 --> 51:34.280]  I was kind of surprised.
[51:34.280 --> 51:35.280]  How so?
[51:35.280 --> 51:40.560]  He was like, well, you might have to come in and wait and then you might not be able
[51:40.560 --> 51:42.840]  to get taken care of that day with your jury trial.
[51:42.840 --> 51:48.120]  You might have to keep coming in day after day and made it like it was going to be a
[51:48.120 --> 51:52.040]  big waiting game to get a jury trial.
[51:52.040 --> 51:53.040]  That's okay.
[51:53.040 --> 51:55.840]  Waiting only works in your favor, not theirs.
[51:55.840 --> 51:56.840]  Okay.
[51:56.840 --> 52:00.920]  So, nevertheless, you know, that discouraged me, though, at that point.
[52:00.920 --> 52:04.360]  So I was like, well, you know, I don't want to come in day after day.
[52:04.360 --> 52:08.600]  I honestly did not know the difference between a jury trial and a bench trial other than
[52:08.600 --> 52:15.440]  the fact that a jury obviously is people that are, I guess, essentially voting for either
[52:15.440 --> 52:18.040]  me or the state at that point, right?
[52:18.040 --> 52:19.040]  Right.
[52:19.040 --> 52:23.440]  So, in other words, going forward, I guess, I need to get a jury trial.
[52:23.440 --> 52:27.280]  What other kind of suggestions would you have to make for me?
[52:27.280 --> 52:31.280]  Well, have you listened to the entire dissertation this evening?
[52:31.280 --> 52:32.840]  I have not, unfortunately.
[52:32.840 --> 52:35.800]  I was busy and I'm on my way to work now, so I apologize.
[52:35.800 --> 52:41.880]  And the very first thing you do tomorrow is download the archive for tonight and go back
[52:41.880 --> 52:46.480]  and review that because I have covered what they must do in order to charge you with speeding
[52:46.480 --> 52:48.840]  in great detail this evening.
[52:48.840 --> 52:49.840]  Okay.
[52:49.840 --> 52:50.840]  Fantastic.
[52:50.840 --> 52:51.840]  Okay.
[52:51.840 --> 52:54.680]  Well, I will go do that then and not waste your time repeating yourself.
[52:54.680 --> 52:59.720]  But, nevertheless, once again, thank you so much for your service and I really appreciate
[52:59.720 --> 53:00.720]  it.
[53:00.720 --> 53:01.720]  I'm sure a lot of other people do, too.
[53:01.720 --> 53:02.720]  So keep up the good work.
[53:02.720 --> 53:03.720]  Thank you very much.
[53:03.720 --> 53:04.720]  Thanks a lot.
[53:04.720 --> 53:05.720]  Bye-bye.
[53:05.720 --> 53:10.920]  Okay, folks, that was all we had on the board right now.
[53:10.920 --> 53:15.400]  So if you need to have a question or want to just, you know, share something with us
[53:15.400 --> 53:19.480]  regarding this, whether it be about the seminars that we're holding down at Brave New Books
[53:19.480 --> 53:28.800]  or your experience in court relating to these types of cases, give us a call, 512-646-1984.
[53:28.800 --> 53:34.040]  We've got about five minutes left of this segment and then we've got a whole other hour
[53:34.040 --> 53:35.040]  after this.
[53:35.040 --> 53:38.760]  So, if you folks don't call in, I'm going to have to pull up some more material and
[53:38.760 --> 53:43.120]  start to go back into dissertation mode, wind up boring you to tears, so give us a
[53:43.120 --> 53:44.120]  call, 512-646-1984.
[53:44.120 --> 53:54.320]  Now, while we're waiting on another caller, we're going to take these affidavits and we're
[53:54.320 --> 53:58.560]  going to get them presented in our case, as I was mentioning earlier.
[53:58.560 --> 54:06.680]  I'm looking for the way that we can get them into the trial, both as evidence and as testimony
[54:06.680 --> 54:08.560]  in front of the jury.
[54:08.560 --> 54:17.120]  Now, by doing that, we will be able to put the law itself directly in front of the jury.
[54:17.120 --> 54:23.760]  We will be able to put a direct explanation for that section of law directly in front
[54:23.760 --> 54:25.860]  of the jury.
[54:25.860 --> 54:33.280]  By doing that, especially if the affidavit remains un-rebutted, they can't come back
[54:33.280 --> 54:38.960]  and say, no, that's not the way it works because they didn't rebut the affidavit.
[54:38.960 --> 54:47.180]  The affidavit stands as truth when it is not rebutted and they are going to have an infinitely
[54:47.180 --> 54:57.160]  more difficult time in doing that on the day of trial during testimony than they are afterwards
[54:57.160 --> 55:04.400]  because even if they try to rebut it in testimony, they haven't directly addressed the affidavit.
[55:04.400 --> 55:10.720]  As long as it's in the affidavit, that's going to stand up as truth.
[55:10.720 --> 55:11.720]  We want to get that in.
[55:11.720 --> 55:12.720]  All right.
[55:12.720 --> 55:18.720]  It looks like caller board traffic has picked up considerably in that small amount of time.
[55:18.720 --> 55:19.720]  Okay.
[55:19.720 --> 55:21.720]  We have Dominic in Texas.
[55:21.720 --> 55:22.720]  Evening, Dominic.
[55:22.720 --> 55:23.720]  How are you?
[55:23.720 --> 55:24.720]  All right.
[55:24.720 --> 55:25.720]  How are you all doing this evening?
[55:25.720 --> 55:26.720]  Great.
[55:26.720 --> 55:27.720]  That's good.
[55:27.720 --> 55:28.720]  I missed the first section.
[55:28.720 --> 55:29.720]  Can you repeat everything else, please?
[55:29.720 --> 55:30.720]  No, I was just playing.
[55:30.720 --> 55:35.720]  I was going to change the subject a little bit.
[55:35.720 --> 55:39.720]  I hope Randy doesn't have his finger on the zapper there.
[55:39.720 --> 55:43.720]  No, as far as I know, Randy is under a house trying to plug a plumbing leak, but I don't
[55:43.720 --> 55:45.720]  know that for sure at the moment.
[55:45.720 --> 55:46.720]  All right.
[55:46.720 --> 55:52.720]  I was just wondering on the situation with the silver that you all were, the commercials
[55:52.720 --> 55:53.720]  that come out.
[55:53.720 --> 55:57.720]  Well, that would be something that Deborah could answer.
[55:57.720 --> 56:00.720]  Deborah, how are we doing on the silver donations?
[56:00.720 --> 56:03.720]  Well, yeah, and that's not an ad that we run on this network.
[56:03.720 --> 56:06.720]  That's a PSA for the FM affiliate itself.
[56:06.720 --> 56:07.720]  My apologies.
[56:07.720 --> 56:08.720]  Yeah, no, that's okay.
[56:08.720 --> 56:09.720]  That's okay.
[56:09.720 --> 56:17.720]  Yeah, I try to get folks to understand that there is a difference between FM radio stations
[56:17.720 --> 56:19.720]  and rule of law radio network.
[56:19.720 --> 56:26.720]  It's kind of like rule of law radio network is like GCN, all right, or like NPR, yuck.
[56:26.720 --> 56:33.720]  I mean, like in Austin, there's a radio station called KUT, all right, which is a university
[56:33.720 --> 56:39.720]  radio station, and they do produce some of their own shows that are only for that FM
[56:39.720 --> 56:44.720]  terrestrial station, but mostly what they carry is NPR, which is the network.
[56:44.720 --> 56:51.720]  Rule of law radio network is a network, and we are carried by about a dozen AM and FM
[56:51.720 --> 56:55.720]  affiliates around the country.
[56:55.720 --> 57:02.720]  As far as the PSA that's been running on the FM affiliate here in Austin, things are going
[57:02.720 --> 57:10.720]  very well, and I'm going to be touching base with Chad and the other people involved in
[57:10.720 --> 57:14.720]  the next couple of days, and we'll be putting out a new PSA pretty soon.
[57:14.720 --> 57:19.720]  Okay, because I was just wondering because I needed to, you know, find out about where
[57:19.720 --> 57:25.720]  we're at on that if we need to donate more of what's going on with that.
[57:25.720 --> 57:27.720]  Right, I think we're getting pretty close.
[57:27.720 --> 57:30.720]  If you've already donated, don't knock yourself out, okay?
[57:30.720 --> 57:38.720]  I just got to, and I wanted to put it out there also, make sure, you know, we're learning
[57:38.720 --> 57:43.720]  a lot by what you all are doing, so any opportunity that we have that we can give back
[57:43.720 --> 57:47.720]  and help you all help us, we need to step up.
[57:47.720 --> 57:49.720]  We just need, I just wanted to put that out there.
[57:49.720 --> 57:50.720]  We appreciate that, Dominic.
[57:50.720 --> 57:52.720]  Yeah, thanks.
[57:52.720 --> 57:59.720]  And speaking of which, folks, remember now on Saturdays, 3 to 6, we are holding our
[57:59.720 --> 58:01.720]  seminars at Brave New Books.
[58:01.720 --> 58:07.720]  This coming Saturday is going to be another mock trial, and we're going to try to take
[58:07.720 --> 58:14.720]  it from ground zero of the initial proceeding all the way through to testimony and adjudication
[58:14.720 --> 58:16.720]  of the issue.
[58:16.720 --> 58:21.720]  So please, if you need to know how to do in court, how to get things laid down on foundation
[58:21.720 --> 58:25.720]  so you can get it introduced, please come to these seminars on Saturday because we're
[58:25.720 --> 58:32.720]  trying to get you trained to fight this battle on their playing field, which is the court.
[58:32.720 --> 58:37.720]  All right, Dominic, thanks so much for calling in and for the kind compliments.
[58:37.720 --> 58:38.720]  Good evening.
[58:38.720 --> 58:39.720]  Bye-bye.
[58:39.720 --> 58:40.720]  Bye-bye.
[58:40.720 --> 58:44.720]  Okay, John, Stephen, and one that we don't know the name of just yet.
[58:44.720 --> 58:45.720]  We see you on the board.
[58:45.720 --> 58:49.720]  We're going to pick you up on the other side of the break, so y'all please just hang in
[58:49.720 --> 58:51.720]  there, and we'll be back momentarily.
[58:51.720 --> 58:56.720]  But this is Rule of Law Radio, Eddie Craig, Deborah Stevens, Randy Kelton.
[58:56.720 --> 58:59.720]  We will be right back.
[58:59.720 --> 59:05.720]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[59:05.720 --> 59:07.720]  because they struggle to understand it.
[59:07.720 --> 59:13.720]  Some new translations try to help by simplifying the text, but in the process can compromise
[59:13.720 --> 59:16.720]  the profound meaning of the Scripture.
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[59:18.720 --> 59:24.720]  First, this new translation is extremely faithful and accurate, but the real story is the more
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[59:42.720 --> 59:52.720]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:52.720 --> 59:56.720]  or by ordering online at freestudybible.com.
[59:56.720 --> 59:59.720]  That's freestudybible.com.
[59:59.720 --> 01:00:03.720]  This news brief brought to you by the International News Net.
[01:00:03.720 --> 01:00:08.720]  Despite a heavy military presence and the threat of extra-legal detention, tens of thousands
[01:00:08.720 --> 01:00:13.720]  of people gathered Sunday in Cairo's Tahrir Square for the Day of Martyrs.
[01:00:13.720 --> 01:00:18.720]  Christian and Muslim services were held honoring the estimated 300 people who have been killed
[01:00:18.720 --> 01:00:21.720]  in Egypt during two weeks of demonstrations.
[01:00:21.720 --> 01:00:25.720]  Protesters are calling for more mass marches across Egypt to force the resignation
[01:00:25.720 --> 01:00:28.720]  of President Hosni Mubarak.
[01:00:28.720 --> 01:00:34.720]  The UN's Food and Agriculture Organization says more than 75,000 square miles of land
[01:00:34.720 --> 01:00:37.720]  have been acquired by foreign interests in Africa.
[01:00:37.720 --> 01:00:42.720]  The UN found up to 20% of Ethiopia's arable land had been bought or made available
[01:00:42.720 --> 01:00:44.720]  to foreign investors.
[01:00:44.720 --> 01:00:49.720]  New York-based George Capital bought an area the size of Dubai from a warlord in South Sudan
[01:00:49.720 --> 01:00:57.720]  last year and Dominion Farms has reportedly flooded local farms to force the relocation of farmers.
[01:00:57.720 --> 01:01:03.720]  New data from last year's census reveals New Orleans lost 29% of its population between
[01:01:03.720 --> 01:01:07.720]  2000 and 2010, far more than previously acknowledged.
[01:01:07.720 --> 01:01:12.720]  The numbers also show New Orleans is whiter and more affluent as its poorest residents
[01:01:12.720 --> 01:01:16.720]  were forced to flee and have faced hurdles trying to get back.
[01:01:16.720 --> 01:01:21.720]  The city is also home to 44% fewer children.
[01:01:21.720 --> 01:01:27.720]  Egyptian President Hosni Mubarak and his wife Suzanne could have amassed up to $70 billion
[01:01:27.720 --> 01:01:29.720]  during his years in power.
[01:01:29.720 --> 01:01:34.720]  The UK Guardian reported Friday Middle East experts say Mubarak has deposited much of his wealth
[01:01:34.720 --> 01:01:39.720]  in secret bank accounts in British and Swiss banks and has also invested in real estate
[01:01:39.720 --> 01:01:43.720]  in London, New York, Los Angeles and along the Red Sea coast.
[01:01:43.720 --> 01:01:48.720]  Armani Jamal, a political science professor at Princeton University, said the estimate of
[01:01:48.720 --> 01:01:54.720]  $40 to $70 billion was comparable to the vast wealth of leaders in other Persian Gulf countries.
[01:01:54.720 --> 01:01:58.720]  Mubarak's sons Kamal and Alaa are also said to be billionaires.
[01:01:58.720 --> 01:02:03.720]  Egypt's foreign debt is estimated to be $50 billion.
[01:02:03.720 --> 01:02:08.720]  Iraqis demonstrated Sunday calling for basic services and the resignation of government
[01:02:08.720 --> 01:02:12.720]  officials as unrest swept much of the Arab world.
[01:02:12.720 --> 01:02:17.720]  Eight years after the US-led invasion, Iraq's infrastructure remains severely damaged.
[01:02:17.720 --> 01:02:22.720]  The country suffers a chronic water shortage, electricity supply is intermittent
[01:02:22.720 --> 01:02:24.720]  and sewage collects in the streets.
[01:02:24.720 --> 01:02:30.720]  In the impoverished Baghdad district of Bab al-Sham, engineer Furat al-Janabi said
[01:02:30.720 --> 01:02:34.720]  even during the Middle Ages, people were not living in this situation.
[01:02:34.720 --> 01:02:39.720]  In Basra, demonstrators carried yellow cards symbolizing the warning card
[01:02:39.720 --> 01:02:41.720]  a referee carried in a soccer match.
[01:02:41.720 --> 01:02:47.720]  Iraqi police opened fire last Thursday to disperse hundreds of residents protesting shortages
[01:02:47.720 --> 01:02:54.720]  of power, water and other services near Dewanea, wounding three people.
[01:03:17.720 --> 01:03:35.720]  Alright folks, we are back.
[01:03:35.720 --> 01:03:37.720]  This is Rule of Law Radio.
[01:03:37.720 --> 01:03:39.720]  Eddie Craig, Deborah Stevens, Randy Kelton.
[01:03:39.720 --> 01:03:41.720]  We are at the top of the hour.
[01:03:41.720 --> 01:03:44.720]  This is our last hour of the show for this evening.
[01:03:44.720 --> 01:03:46.720]  By now we have several callers on the board.
[01:03:46.720 --> 01:03:49.720]  Right now, let's go to John in Texas.
[01:03:49.720 --> 01:03:51.720]  John, what can we do for you?
[01:03:51.720 --> 01:03:52.720]  Hello, Eddie.
[01:03:52.720 --> 01:03:56.720]  I called you last week regarding a citation I received.
[01:03:56.720 --> 01:04:03.720]  I was supposed to be sent to a appeal box.
[01:04:03.720 --> 01:04:07.720]  I was just searching.
[01:04:07.720 --> 01:04:10.720]  You told me that I need to...
[01:04:10.720 --> 01:04:16.720]  Of course, I'm supposed to appear before a judge or magistrate.
[01:04:16.720 --> 01:04:19.720]  No, before a magistrate, not a judge.
[01:04:19.720 --> 01:04:20.720]  Magistrate.
[01:04:20.720 --> 01:04:22.720]  Where is that specified, Eddie?
[01:04:22.720 --> 01:04:28.720]  Texas Transportation Code 543.006.
[01:04:28.720 --> 01:04:30.720]  0-0-6.
[01:04:30.720 --> 01:04:33.720]  Okay, Eddie, that was really my only question.
[01:04:33.720 --> 01:04:35.720]  Hope to see you this Saturday.
[01:04:35.720 --> 01:04:36.720]  Okay.
[01:04:36.720 --> 01:04:37.720]  Thanks a lot.
[01:04:37.720 --> 01:04:38.720]  Good night.
[01:04:38.720 --> 01:04:39.720]  Good night.
[01:04:39.720 --> 01:04:40.720]  All right.
[01:04:40.720 --> 01:04:43.720]  Let's go to Steven in Montana.
[01:04:43.720 --> 01:04:44.720]  Hi, Steven.
[01:04:44.720 --> 01:04:45.720]  How can we help you?
[01:04:45.720 --> 01:04:48.720]  Hi, guys.
[01:04:48.720 --> 01:04:49.720]  Just a little update.
[01:04:49.720 --> 01:04:52.720]  I'm not sure if you guys are still familiar with what I had going on.
[01:04:52.720 --> 01:04:53.720]  Yep.
[01:04:53.720 --> 01:04:57.720]  DUI, motorcycle incident, if I'm not mistaken.
[01:04:57.720 --> 01:04:58.720]  No, it wasn't a motorcycle.
[01:04:58.720 --> 01:05:00.720]  It was just a drift with a DUI.
[01:05:00.720 --> 01:05:01.720]  Oh, okay.
[01:05:01.720 --> 01:05:02.720]  All right.
[01:05:02.720 --> 01:05:08.720]  And I finally ended up taking a plea to a reckless driving.
[01:05:08.720 --> 01:05:13.720]  Last time I called you, I was talking to you about how I decided that I would take the
[01:05:13.720 --> 01:05:19.720]  plea to a reckless driving because I found a case to where a person could not be convicted
[01:05:19.720 --> 01:05:23.720]  of one, or charged with one crime and convicted of another crime.
[01:05:23.720 --> 01:05:24.720]  Right.
[01:05:24.720 --> 01:05:29.720]  And then I found a case where it dealt with all the elements between DUI and reckless
[01:05:29.720 --> 01:05:32.720]  driving, and the court considered they were two separate crimes.
[01:05:32.720 --> 01:05:33.720]  Right.
[01:05:33.720 --> 01:05:39.720]  Now, although the court case that I read didn't deal with a plea agreement, it dealt with
[01:05:39.720 --> 01:05:48.720]  a bench trial where the guy went to a bench trial on the DUI, and the judge said, well,
[01:05:48.720 --> 01:05:52.720]  there's not enough evidence for a DUI, but there's enough evidence here for reckless
[01:05:52.720 --> 01:05:55.720]  driving, so he got convicted of reckless driving and appealed it.
[01:05:55.720 --> 01:05:56.720]  Right.
[01:05:56.720 --> 01:05:59.720]  I'm thinking that would still probably work for a plea agreement, right?
[01:05:59.720 --> 01:06:05.720]  Well, not if they quashed the original complaint and reissued the complaint in the form of
[01:06:05.720 --> 01:06:08.720]  the reckless driving charge.
[01:06:08.720 --> 01:06:13.720]  The question then becomes, did they follow all the necessary procedures that the law
[01:06:13.720 --> 01:06:19.720]  requires there in Montana to notify you of the new charge?
[01:06:19.720 --> 01:06:21.720]  Exactly.
[01:06:21.720 --> 01:06:26.720]  So that's where your issue is going to come in now, because if they made the plea agreement
[01:06:26.720 --> 01:06:33.720]  but they failed to wipe out the old complaint and generate a new one, now they've got a
[01:06:33.720 --> 01:06:36.720]  very big problem, plea agreement or no.
[01:06:36.720 --> 01:06:37.720]  Okay.
[01:06:37.720 --> 01:06:43.720]  Well, check this out, because I figured that's exactly what was going to happen, and so my
[01:06:43.720 --> 01:06:48.720]  public defender, I got a public defender at the end who got me the plea agreement, he
[01:06:48.720 --> 01:06:55.720]  wrote up the plea agreement, and not only he said that I would plead no contest to reckless
[01:06:55.720 --> 01:07:02.720]  driving, and then he and the plea agreement also said if they dismissed the DUI charge,
[01:07:02.720 --> 01:07:06.720]  and then he said that I would agree to the reckless driving, and then blah, blah, blah,
[01:07:06.720 --> 01:07:11.720]  gave all the waiver of my rights or whatever, I signed it.
[01:07:11.720 --> 01:07:18.720]  And then so I went to my plea agreement hearing with the judge, and she said, well, looks
[01:07:18.720 --> 01:07:24.720]  like the state amended your complaint to reckless driving, and then she goes, well, kinda, and
[01:07:24.720 --> 01:07:28.720]  I know there's nothing in the record that they amended the complaint, because I know
[01:07:28.720 --> 01:07:32.720]  the procedures for the amendment of the complaint didn't happen, there had to be motion of the
[01:07:32.720 --> 01:07:37.720]  court to leave a file of amended complaint supported by affidavit, and if they quashed
[01:07:37.720 --> 01:07:41.720]  the original complaint and then reissued another complaint, they couldn't have done that either
[01:07:41.720 --> 01:07:43.720]  because the statute of limitations are over.
[01:07:43.720 --> 01:07:44.720]  Right.
[01:07:44.720 --> 01:07:48.720]  So I think I might be able to get them on that as well.
[01:07:48.720 --> 01:07:50.720]  Sounds like you should.
[01:07:50.720 --> 01:08:02.720]  Yeah, it sounds like that would fly, because they can't charge you with a crime that their
[01:08:02.720 --> 01:08:06.720]  statute of limitations for that crime has already come about.
[01:08:06.720 --> 01:08:11.720]  Even if it's on a plea agreement, that would be asinine.
[01:08:11.720 --> 01:08:17.720]  Plus the fact that they, as you noted, they can't charge you with one thing and then
[01:08:17.720 --> 01:08:23.720]  convict you of another, and if they have not amended the complaint, then that couldn't
[01:08:23.720 --> 01:08:28.720]  have happened, and their problem is, is if they drop the complaint, they're outside of
[01:08:28.720 --> 01:08:33.720]  the statute of limitations to refile it under that charge either.
[01:08:33.720 --> 01:08:35.720]  Right, exactly.
[01:08:35.720 --> 01:08:41.720]  So that presents a whole area of, oh boy, did we mess up.
[01:08:41.720 --> 01:08:45.720]  Yeah, and I think they knew that, because it was so funny, because I was hit, I hit
[01:08:45.720 --> 01:08:55.720]  them with a 20-page criminal complaint written up in pretty much a form of an indictment,
[01:08:55.720 --> 01:09:00.720]  and with all the exhibits and everything attached, and I sent it to them, sent it to the district
[01:09:00.720 --> 01:09:05.720]  judge, and the clerk sent it right back to me, mailed it right back and says it doesn't
[01:09:05.720 --> 01:09:10.720]  comply with these forms, and she said the forms are civil procedure, which was a rule
[01:09:10.720 --> 01:09:13.720]  for pleading forms.
[01:09:13.720 --> 01:09:18.720]  And so I wrote back, I wrote back again, sent it all back to the clerk again, I said, look,
[01:09:18.720 --> 01:09:24.720]  I wrote in the cover letter that that statute doesn't cover criminal complaints, and I gave
[01:09:24.720 --> 01:09:28.720]  her the form of charge statute to what a criminal complaint has, the form of a criminal complaint
[01:09:28.720 --> 01:09:36.720]  needs to be, and I said, look, my complaint doesn't conform to this statute, and I said,
[01:09:36.720 --> 01:09:41.720]  see, the ticket is attached to this, it's routinely used from police officers, and this
[01:09:41.720 --> 01:09:47.720]  is a scribble scribble mess, and I said, look, if mine doesn't comply with the rules, then
[01:09:47.720 --> 01:09:51.720]  neither does this, and I said, and if you don't give this to the district judge for
[01:09:51.720 --> 01:09:55.720]  an examination, you're denying me equal protection of the law.
[01:09:55.720 --> 01:10:00.720]  Well, I sent it back to them, and again, she sent it back again with the same thing, saying
[01:10:00.720 --> 01:10:05.720]  it doesn't conform to the rules of the civil procedures form, and then the very next day
[01:10:05.720 --> 01:10:07.720]  they offered me the plea.
[01:10:07.720 --> 01:10:11.720]  So I'm like, well, I think I got them bit down a little bit, so I took the plea, and
[01:10:11.720 --> 01:10:15.720]  it might just be seen if I'm going to try to challenge it or something.
[01:10:15.720 --> 01:10:17.720]  Well, maybe.
[01:10:17.720 --> 01:10:24.720]  But if they've signed a plea agreement to do away with the original complaint, and they
[01:10:24.720 --> 01:10:29.720]  don't follow through on their part of the agreement, what does the plea agreement say
[01:10:29.720 --> 01:10:35.720]  their punishment for not following through is?
[01:10:35.720 --> 01:10:37.720]  I don't know, nothing really.
[01:10:37.720 --> 01:10:39.720]  Exactly.
[01:10:39.720 --> 01:10:41.720]  So where does that leave you?
[01:10:41.720 --> 01:10:47.720]  If they don't follow through on their part of the plea by rescinding the DWI charge,
[01:10:47.720 --> 01:10:51.720]  then what's the consequences?
[01:10:51.720 --> 01:10:56.720]  Because that leaves you stuck in the same rock and hard place you were when this all
[01:10:56.720 --> 01:10:59.720]  started.
[01:10:59.720 --> 01:11:01.720]  Yeah.
[01:11:01.720 --> 01:11:06.720]  So I would ask my court-appointed attorney exactly how that's supposed to work.
[01:11:06.720 --> 01:11:12.720]  What happens if they don't honor the plea agreement?
[01:11:12.720 --> 01:11:17.720]  Well, yeah, because the only thing, well, it never said.
[01:11:17.720 --> 01:11:24.720]  It just said if they dismissed, then I would plead guilty to that charge.
[01:11:24.720 --> 01:11:28.720]  And the other funny thing is it's a blanket statute charge.
[01:11:28.720 --> 01:11:31.720]  They never gave the subsection.
[01:11:31.720 --> 01:11:37.720]  Each subsection has a completely entirely different element.
[01:11:37.720 --> 01:11:38.720]  Right.
[01:11:38.720 --> 01:11:41.720]  Then you can challenge it based on any of those, I would think.
[01:11:41.720 --> 01:11:43.720]  Yeah, nature and cause again.
[01:11:43.720 --> 01:11:44.720]  Yeah.
[01:11:44.720 --> 01:11:45.720]  Okay.
[01:11:45.720 --> 01:11:46.720]  Is there anything else?
[01:11:46.720 --> 01:11:50.720]  Yeah, I'll just give you guys a court case real quick on plea agreements.
[01:11:50.720 --> 01:11:51.720]  Okay.
[01:11:51.720 --> 01:12:03.720]  In regard to TAHL, it's one TAHL, third, 122.
[01:12:03.720 --> 01:12:08.720]  And it goes all the way through everything that must be done on plea agreements.
[01:12:08.720 --> 01:12:09.720]  It's a pretty good case.
[01:12:09.720 --> 01:12:12.720]  It's used all over the country, too, even though it's a California case.
[01:12:12.720 --> 01:12:13.720]  Okay.
[01:12:13.720 --> 01:12:16.720]  Well, if you're able, please send me a Skype of that case.
[01:12:16.720 --> 01:12:17.720]  Okay.
[01:12:17.720 --> 01:12:18.720]  Will do.
[01:12:18.720 --> 01:12:19.720]  All right.
[01:12:19.720 --> 01:12:20.720]  Okay.
[01:12:20.720 --> 01:12:22.720]  No, that's good.
[01:12:22.720 --> 01:12:26.720]  All right, Stephen, thank you very much for calling in.
[01:12:26.720 --> 01:12:27.720]  All right.
[01:12:27.720 --> 01:12:30.720]  Now let's go to Gerald in Texas.
[01:12:30.720 --> 01:12:32.720]  Gerald, how can we help you?
[01:12:32.720 --> 01:12:33.720]  Hey, Eddie, how are you doing?
[01:12:33.720 --> 01:12:35.720]  I'm doing good.
[01:12:35.720 --> 01:12:41.720]  See, you've been helping my daughter with actually my son-in-law through my daughter.
[01:12:41.720 --> 01:12:49.720]  Anyway, she was trying to get the paperwork from the public servants for the city of Taft.
[01:12:49.720 --> 01:12:54.720]  What paperwork?
[01:12:54.720 --> 01:12:58.720]  Letter of appointment for the police officers.
[01:12:58.720 --> 01:13:06.720]  They're claiming that they don't require that those documents be on file for public servants.
[01:13:06.720 --> 01:13:08.720]  Yes, they do.
[01:13:08.720 --> 01:13:12.720]  A police officer is an appointed official and pursuant Texas Constitution,
[01:13:12.720 --> 01:13:15.720]  he must have an oath of office and an anti-bribery oath,
[01:13:15.720 --> 01:13:23.720]  and he must post a bond, though the municipality usually posts them on their corporate bond for them
[01:13:23.720 --> 01:13:27.720]  so the officers don't have to put up any of their own money.
[01:13:27.720 --> 01:13:35.720]  But the oath and the anti-bribery statement are mandatory, and the city secretary better have those.
[01:13:35.720 --> 01:13:45.720]  Okay, but at that time when they have those documents in hand, they can issue the letter of appointment, correct?
[01:13:45.720 --> 01:13:51.720]  Well, I'm not sure what the stipulation on the rules are as to when a letter of appointment can be issued,
[01:13:51.720 --> 01:13:57.720]  but the rules in the Constitution are very clear that that officer may not perform any act
[01:13:57.720 --> 01:14:06.720]  related to his official position until those two O's are filed and the bond is paid.
[01:14:06.720 --> 01:14:09.720]  Okay, where at in the Constitution is that?
[01:14:09.720 --> 01:14:15.720]  Article 1, or Article 16, Section 1.
[01:14:15.720 --> 01:14:17.720]  Okay.
[01:14:17.720 --> 01:14:24.720]  Yeah, because I think they're just saying that these guys don't have to have a letter of appointment.
[01:14:24.720 --> 01:14:30.720]  Well, they don't necessarily have to have a letter of appointment unless that's a local rule,
[01:14:30.720 --> 01:14:35.720]  but they do have to have those two O's.
[01:14:35.720 --> 01:14:47.720]  So anybody can claim that they work for the city of Taft, and as long as the city of Taft is cool with that.
[01:14:47.720 --> 01:14:59.720]  If they're acting as an officer, they still must have those documents on file, whether they're asserting they work for the city or not.
[01:14:59.720 --> 01:15:01.720]  Yeah, I understand that.
[01:15:01.720 --> 01:15:08.720]  It just kind of struck me, because they really drug their feet getting her these documents,
[01:15:08.720 --> 01:15:13.720]  and then they come out and say, well, we don't require a lot of these documents.
[01:15:13.720 --> 01:15:19.720]  Well, they don't have a choice. If they're not requiring them, they're in violation of the state Constitution,
[01:15:19.720 --> 01:15:22.720]  and they need to be sued for it.
[01:15:22.720 --> 01:15:30.720]  Well, yeah, I think the city of Taft is going to really regret ever saying my name.
[01:15:30.720 --> 01:15:38.720]  Well, I wish you luck in that capacity, because that's what we're going to have to do to all of them before it's over, I guarantee you.
[01:15:38.720 --> 01:15:45.720]  Yeah, I really appreciate the information you guys are putting out, and you guys just keep on keeping on.
[01:15:45.720 --> 01:15:46.720]  Thanks.
[01:15:46.720 --> 01:15:48.720]  Thank you, Gerald. Appreciate it.
[01:15:48.720 --> 01:15:49.720]  Okay, you have a good night.
[01:15:49.720 --> 01:15:51.720]  You too. Bye-bye.
[01:15:51.720 --> 01:15:54.720]  All right, now we have Mike in Texas.
[01:15:54.720 --> 01:15:57.720]  Mike, how can we help you?
[01:15:57.720 --> 01:16:02.720]  Well, Mr. Craig, I'm Mr. Stevens. I'm Mike in Texas.
[01:16:02.720 --> 01:16:08.720]  I was, had sort of a first appearance today at court.
[01:16:08.720 --> 01:16:14.720]  It's not necessarily traffic-related, but having difficulty controlling my attorney.
[01:16:14.720 --> 01:16:23.720]  If he wants to be a representative or he wants to be released and have me pro se, I guess there would be,
[01:16:23.720 --> 01:16:33.720]  he indicated there would be a Frenzel hearing, Frenzel v. California, earning competency, the ability for pro se to represent himself.
[01:16:33.720 --> 01:16:39.720]  But he won't produce any motions on, you know, requesting of him.
[01:16:39.720 --> 01:16:44.720]  Okay, hang on just a second, Mike. We're about to go to break, so if you'll hold on, we'll be right back, okay?
[01:16:44.720 --> 01:16:46.720]  Okay.
[01:16:46.720 --> 01:16:50.720]  All right, folks, this is Rule of Law Radio, Eddie Craig, Randy Kelton, Deborah Stevens.
[01:16:50.720 --> 01:16:57.720]  We've only got one other caller up on the board after Mike, so please give us a call, 512-646-1984.
[01:16:57.720 --> 01:16:59.720]  We will be right back.
[01:16:59.720 --> 01:17:05.720]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[01:17:05.720 --> 01:17:08.720]  and neither is finding like-minded people to share it with.
[01:17:08.720 --> 01:17:11.720]  Oh, well, I guess you haven't heard of Brave New Books, then.
[01:17:11.720 --> 01:17:12.720]  Brave New Books?
[01:17:12.720 --> 01:17:19.720]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, and Gilbert Griffin.
[01:17:19.720 --> 01:17:23.720]  They even stock inner food, Berkey products, and Calvin Soaps.
[01:17:23.720 --> 01:17:25.720]  There's no way a place like that exists.
[01:17:25.720 --> 01:17:31.720]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:17:31.720 --> 01:17:35.720]  By UT, there's never anywhere to park down there.
[01:17:35.720 --> 01:17:42.720]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility, just behind the bookstore.
[01:17:42.720 --> 01:17:46.720]  It does exist, but when are they open?
[01:17:46.720 --> 01:17:51.720]  Monday through Saturday, 11 AM to 9 PM, and 1 to 6 PM on Sundays.
[01:17:51.720 --> 01:17:59.720]  So give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:17:59.720 --> 01:18:03.720]  My name is Randall Kelton, and I co-host on Rule of Law Radio.
[01:18:03.720 --> 01:18:08.720]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:08.720 --> 01:18:15.720]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:18:15.720 --> 01:18:20.720]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.
[01:18:20.720 --> 01:18:29.720]  But there is a remedy. Go to remediesinrealestate.com or call me at 512-430-4140,
[01:18:29.720 --> 01:18:36.720]  and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception.
[01:18:36.720 --> 01:18:43.720]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:18:43.720 --> 01:18:47.720]  Lender fraud is bankrupting this country, and it's time to fight back.
[01:18:47.720 --> 01:18:54.720]  Go to remediesinrealestate.com or call 512-430-4140,
[01:18:54.720 --> 01:19:15.720]  and get the information you need to stop the money changers in their tracks.
[01:19:15.720 --> 01:19:22.720]  Hi, folks. We are back. Rule of Law Radio, we are currently on the phone with Mike. Mike, please continue.
[01:19:22.720 --> 01:19:28.720]  You said you're having trouble controlling your attorney who doesn't want to file or wants to be released from his duties
[01:19:28.720 --> 01:19:31.720]  if he can't be the representative attorney, correct?
[01:19:31.720 --> 01:19:44.720]  That's correct. He had what I would consider an ex parte hearing. I wanted him to be counsel.
[01:19:44.720 --> 01:19:50.720]  Actually, there are two attorneys. He is an assistant attorney, and both of them actually acted very hostile,
[01:19:50.720 --> 01:19:56.720]  and that's not just by my definition, but someone who court-watched with me today,
[01:19:56.720 --> 01:20:02.720]  he claimed I was causing him a lot of difficulty, and that was intentional.
[01:20:02.720 --> 01:20:09.720]  But he went behind closed doors with the prosecutor. I don't know if that's considered ex parte hearing.
[01:20:09.720 --> 01:20:15.720]  No, ex parte is when one of the parties goes with the judge behind closed doors without the other.
[01:20:15.720 --> 01:20:24.720]  Okay. But now, if you've asked that he be relegated to second chair,
[01:20:24.720 --> 01:20:30.720]  then he's not allowed to go in without the consent of the lead counsel, which would be you.
[01:20:30.720 --> 01:20:37.720]  That's my interpretation also, and I had informed him of that.
[01:20:37.720 --> 01:20:41.720]  He said, well, you can either be pro se or you can be represented.
[01:20:41.720 --> 01:20:48.720]  I said, well, I think there's a third option where you can provide counsel, and he was unfamiliar with that.
[01:20:48.720 --> 01:20:53.720]  He also claimed to be unfamiliar with, is that an examining trial or evidence trial?
[01:20:53.720 --> 01:21:04.720]  He claimed I was only available for felony charges, but I thought it's possible for all misdemeanor also.
[01:21:04.720 --> 01:21:09.720]  He said, well, United States is not politically accepted, not that it wasn't wrong.
[01:21:09.720 --> 01:21:13.720]  And I stated it in text, code of criminal procedure.
[01:21:13.720 --> 01:21:23.720]  Just a number of sort of misstatements along those lines, anything to where he didn't have to file any documentation into the court record.
[01:21:23.720 --> 01:21:27.720]  I was wondering, am I allowed to file these documents into the court record?
[01:21:27.720 --> 01:21:34.720]  And maybe also note in the documentation that I'm having to do this because my attorney is refusing to file these basic...
[01:21:34.720 --> 01:21:39.720]  only if you file the original petition to have him relegated to second chair.
[01:21:39.720 --> 01:21:48.720]  If you have not done that, then the court is going to insist that you are represented by counsel, and as such, only your counsel may file.
[01:21:48.720 --> 01:21:53.720]  Okay. So that would be the first document that I need to file into the court document?
[01:21:53.720 --> 01:21:54.720]  That's correct.
[01:21:54.720 --> 01:21:56.720]  Okay.
[01:21:56.720 --> 01:22:05.720]  And then when he tries to get out of helping you with this, then you tell him that if you insist on trying to get out of this, I will file a bar grievance against you
[01:22:05.720 --> 01:22:16.720]  every minute of every day for attempting to leave me without counsel and failing to adjudicate my due process rights.
[01:22:16.720 --> 01:22:17.720]  Okay.
[01:22:17.720 --> 01:22:24.720]  And then, of course, go after the judge the same way if they try to bail him out.
[01:22:24.720 --> 01:22:32.720]  Okay. Currently there is, or today, they didn't have the presiding judge at trial.
[01:22:32.720 --> 01:22:35.720]  They had a visiting judge.
[01:22:35.720 --> 01:22:53.720]  But after I file a motion describing his actions as counsel, not to represent, would I be able to then go to the judge's clerk and then schedule a motions hearing?
[01:22:53.720 --> 01:22:55.720]  Say that one more time.
[01:22:55.720 --> 01:23:07.720]  Oh, after I relegate him to second chair as counsel, would I then be able to go to the judge's clerk of the court and then schedule a motions hearing?
[01:23:07.720 --> 01:23:08.720]  Most certainly.
[01:23:08.720 --> 01:23:09.720]  Okay.
[01:23:09.720 --> 01:23:21.720]  Because I have one set out, but it's way out into mid-March, and I'm trying very desperately to have vital exculpatory evidence, you know, preserved at least.
[01:23:21.720 --> 01:23:22.720]  Right.
[01:23:22.720 --> 01:23:28.720]  I'd like to try to get a court order for that, and I couldn't get the current visiting judge to do anything along those lines.
[01:23:28.720 --> 01:23:34.720]  He refused to even sign a motion to preserve vital exculpatory evidence, which I thought was kind of amazing.
[01:23:34.720 --> 01:23:37.720]  Well, why would you think that was amazing?
[01:23:37.720 --> 01:23:42.720]  The entire reason is to keep you in the system, mind the world, they want to give you something that would get you out.
[01:23:42.720 --> 01:23:49.720]  Well, yeah, you know, it's sort of...
[01:23:49.720 --> 01:23:53.720]  You've danced to this tune before, Mike, you ought to be familiar with how they're going to try to do this.
[01:23:53.720 --> 01:24:07.720]  Yeah, I'm very familiar, but I thought they'd at least want to put out at least an appearance of propriety, you know, not just blatantly...
[01:24:07.720 --> 01:24:09.720]  They believe they're invulnerable.
[01:24:09.720 --> 01:24:13.720]  As long as they believe that, they won't forego the appearance no matter what.
[01:24:13.720 --> 01:24:15.720]  You can almost bet on it.
[01:24:15.720 --> 01:24:17.720]  Okay.
[01:24:17.720 --> 01:24:22.720]  But yes, the first thing I would do is get a handle on this public defender,
[01:24:22.720 --> 01:24:29.720]  and I would make certain that they understood that this is my well-being that we're dealing with here.
[01:24:29.720 --> 01:24:35.720]  I don't care what you think when I know what you think is in contrast to law and my rights.
[01:24:35.720 --> 01:24:41.720]  You will protect my rights or I will destroy your career to the best of my ability.
[01:24:41.720 --> 01:24:48.720]  Do I have much leverage in that second choice?
[01:24:48.720 --> 01:24:53.720]  Do I have much ability to put pressure on him to actually, you know...
[01:24:53.720 --> 01:25:00.720]  For the most part, if you can catch him doing something that's against the law in relation to what's going on,
[01:25:00.720 --> 01:25:09.720]  or if you can catch him violating a moral and ethical duty, the only thing you've got to wield over him is the bar grievances.
[01:25:09.720 --> 01:25:18.720]  But you can use those bar grievances to your advantage if you can document those violations of which I speak.
[01:25:18.720 --> 01:25:21.720]  Okay.
[01:25:21.720 --> 01:25:26.720]  Oh, I guess that's all the questions I had for tonight.
[01:25:26.720 --> 01:25:31.720]  I'm supposed to get a police report tomorrow, so we're going to find out tomorrow.
[01:25:31.720 --> 01:25:35.720]  But actually, you know, they're going to try to charge me with apparently.
[01:25:35.720 --> 01:25:36.720]  Okay.
[01:25:36.720 --> 01:25:37.720]  Well, good luck, Mike.
[01:25:37.720 --> 01:25:39.720]  Are they not giving you a copy of the complaint?
[01:25:39.720 --> 01:25:48.720]  They have given me a copy of the complaint, but I haven't had a copy of the police report yet, and I'm supposed to get that tomorrow.
[01:25:48.720 --> 01:25:49.720]  Okay.
[01:25:49.720 --> 01:25:56.720]  Then you may be interested in doing an affidavit on the veracity of the complaint because it's unconstitutional
[01:25:56.720 --> 01:26:10.720]  in that it fails under 45.019 to notify you of the nature and cause in written form as you're entitled to under the Texas Constitution, Article 1, Section 10.
[01:26:10.720 --> 01:26:16.720]  And I believe it's under Article 1.04 or something of that nature.
[01:26:16.720 --> 01:26:20.720]  It's somewhere in the first chapter of the Code of Criminal Procedure as well.
[01:26:20.720 --> 01:26:30.720]  Okay. You know, I had noted to them that, you know, I'm entitled to all exculpatory evidence at the first proceedings,
[01:26:30.720 --> 01:26:35.720]  and we've already had, I guess, proceeding three, technically.
[01:26:35.720 --> 01:26:36.720]  Yeah.
[01:26:36.720 --> 01:26:47.720]  Now, you're also entitled to a copy of the complaint and the charging instrument no later than one day prior to any proceeding in the prosecution of the case.
[01:26:47.720 --> 01:26:58.720]  So that magistration that you had down in the jail cell that day, that was your proceeding, your very first one, and there was no complaint on file, was there?
[01:26:58.720 --> 01:27:00.720]  There was not a complaint on file.
[01:27:00.720 --> 01:27:02.720]  I was not open to public.
[01:27:02.720 --> 01:27:04.720]  It was not allowed.
[01:27:04.720 --> 01:27:10.720]  Right. So you're going to file affidavits getting all of these facts into the court record.
[01:27:10.720 --> 01:27:11.720]  Okay.
[01:27:11.720 --> 01:27:12.720]  You're not going to contest the affidavit.
[01:27:12.720 --> 01:27:14.720]  I can almost guarantee you of that.
[01:27:14.720 --> 01:27:20.720]  So get the affidavits done, make those points in the affidavit, get it filed.
[01:27:20.720 --> 01:27:23.720]  Okay. I guess I have one last question.
[01:27:23.720 --> 01:27:24.720]  Okay.
[01:27:24.720 --> 01:27:27.720]  I'm trying to get records.
[01:27:27.720 --> 01:27:33.720]  I want to get a bond hearing record and also any medical records, and right now they're just denying it.
[01:27:33.720 --> 01:27:39.720]  So I put in several faxed requests, and they're just not even replying to the faxed request.
[01:27:39.720 --> 01:27:50.720]  Then file a motion with the court for discovery with court order, ordering the discovery and the production of documents.
[01:27:50.720 --> 01:27:52.720]  Okay.
[01:27:52.720 --> 01:27:53.720]  Okay.
[01:27:53.720 --> 01:27:54.720]  Yep.
[01:27:54.720 --> 01:27:59.720]  I guess that's going to be the next step when I can get that in front of a judge.
[01:27:59.720 --> 01:28:00.720]  Yeah.
[01:28:00.720 --> 01:28:01.720]  So do that as quick as you can.
[01:28:01.720 --> 01:28:02.720]  Okay.
[01:28:02.720 --> 01:28:03.720]  Anything else?
[01:28:03.720 --> 01:28:04.720]  That's all, sir.
[01:28:04.720 --> 01:28:05.720]  Thank you.
[01:28:05.720 --> 01:28:06.720]  Okay.
[01:28:06.720 --> 01:28:07.720]  Thank you.
[01:28:07.720 --> 01:28:08.720]  Bye-bye.
[01:28:08.720 --> 01:28:09.720]  We're in Tennessee.
[01:28:09.720 --> 01:28:10.720]  Wendy, what can we do for you?
[01:28:10.720 --> 01:28:13.720]  Hey, I have a question, okay?
[01:28:13.720 --> 01:28:14.720]  All right.
[01:28:14.720 --> 01:28:25.720]  My son, he has not been served, but he supposedly is having a hearing tomorrow morning for child support enforcement.
[01:28:25.720 --> 01:28:26.720]  Okay.
[01:28:26.720 --> 01:28:36.720]  He has filed for divorce in his marriage, but he has given her money.
[01:28:36.720 --> 01:28:40.720]  Yeah, he has supported her for six months after their separation.
[01:28:40.720 --> 01:28:46.720]  So does he have to report to court tomorrow with you?
[01:28:46.720 --> 01:28:50.720]  Anything he doesn't report to court for, they'll railroad him for afterwards.
[01:28:50.720 --> 01:28:56.720]  They'll do things behind his back without his knowledge, and he's going to be SOL without any of it.
[01:28:56.720 --> 01:28:57.720]  Okay.
[01:28:57.720 --> 01:29:03.720]  It all depends upon what the rules in a given state are in relation to the way the court proceeding can be handled.
[01:29:03.720 --> 01:29:05.720]  So you show up.
[01:29:05.720 --> 01:29:06.720]  Okay.
[01:29:06.720 --> 01:29:10.720]  Now, here's the problem with child support in virtually every state.
[01:29:10.720 --> 01:29:19.720]  If the money paid does not go through the child support agency that's responsible for the dispensation of that child support,
[01:29:19.720 --> 01:29:25.720]  it will not be credited to him at all, regardless of how much money he gives her.
[01:29:25.720 --> 01:29:26.720]  Yeah.
[01:29:26.720 --> 01:29:33.720]  But shouldn't a child support be issued after the divorce?
[01:29:33.720 --> 01:29:37.720]  A child support order should be issued after the divorce, yeah.
[01:29:37.720 --> 01:29:41.720]  But in the meantime, there's no child support order on the books.
[01:29:41.720 --> 01:29:43.720]  What are they enforcing?
[01:29:43.720 --> 01:29:44.720]  Exactly.
[01:29:44.720 --> 01:29:45.720]  Okay.
[01:29:45.720 --> 01:29:49.720]  So tomorrow just may be a hearing to attempt to set that, but he needs to be there, okay?
[01:29:49.720 --> 01:29:50.720]  Okay.
[01:29:50.720 --> 01:29:51.720]  All right.
[01:29:51.720 --> 01:29:52.720]  Thank you.
[01:29:52.720 --> 01:29:53.720]  You're welcome.
[01:29:53.720 --> 01:29:54.720]  Bye-bye.
[01:29:54.720 --> 01:29:59.720]  All right, folks, this is Rule of Law Radio 512-646-1984.
[01:29:59.720 --> 01:30:03.720]  Christ fed the multitudes with only one loaf of bread.
[01:30:03.720 --> 01:30:05.720]  Poor people, there's something for you.
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[01:30:08.720 --> 01:30:10.720]  On the banks of Colorado River.
[01:30:10.720 --> 01:30:13.720]  At 3109 East 1st Street is where you'll find One Love Kitchen.
[01:30:13.720 --> 01:30:16.720]  Jerk chicken, vegetarian restaurant.
[01:30:16.720 --> 01:30:19.720]  Monday through Wednesday, lunch and dinner, $5.
[01:30:19.720 --> 01:30:22.720]  Friday and Saturday, we got late night with Emperor Sound Crew.
[01:30:22.720 --> 01:30:24.720]  Still, $5 place.
[01:30:24.720 --> 01:30:26.720]  Jerk chicken and vegetarian place to beat.
[01:30:26.720 --> 01:30:29.720]  One Love Kitchen, Austin, Texas.
[01:30:29.720 --> 01:30:33.720]  If you have a Gmail account, Google reads every message you send or receive
[01:30:33.720 --> 01:30:36.720]  and records the keywords in a profile they keep on you.
[01:30:36.720 --> 01:30:39.720]  I'm Dr. Catherine Albrecht, and I think that's just plain creepy.
[01:30:39.720 --> 01:30:41.720]  I'll say more in a moment.
[01:30:41.720 --> 01:30:45.720]  Google is watching you, recording everything you've ever searched for
[01:30:45.720 --> 01:30:48.720]  and creating a massive database of your personal information.
[01:30:48.720 --> 01:30:49.720]  That's creepy.
[01:30:49.720 --> 01:30:51.720]  But it doesn't have to be that way.
[01:30:51.720 --> 01:30:54.720]  Startpage.com is the world's most private search engine.
[01:30:54.720 --> 01:30:57.720]  Startpage.com doesn't store your IP address,
[01:30:57.720 --> 01:31:00.720]  make a record of your searches or use tracking cookies,
[01:31:00.720 --> 01:31:02.720]  and they're third-party certified.
[01:31:02.720 --> 01:31:06.720]  If you don't like Big Brother spying on you, start over with Startpage.
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[01:31:08.720 --> 01:31:12.720]  Startpage.com, the world's most private search engine.
[01:31:12.720 --> 01:31:16.720]  Hey, Gmail users, ever seen an online ad that exactly matches
[01:31:16.720 --> 01:31:18.720]  something you discuss in a private email?
[01:31:18.720 --> 01:31:19.720]  It's no coincidence.
[01:31:19.720 --> 01:31:23.720]  See, Google offers you Gmail, about a $40 annual value, for free.
[01:31:23.720 --> 01:31:26.720]  So they can get inside your head and figure out your interests
[01:31:26.720 --> 01:31:27.720]  by reading your mail.
[01:31:27.720 --> 01:31:32.720]  They say reading every message you send or receive helps them better target ads,
[01:31:32.720 --> 01:31:36.720]  but most people have no idea that Google keeps a record of their email contents,
[01:31:36.720 --> 01:31:38.720]  and they'd be pretty upset if they knew.
[01:31:38.720 --> 01:31:41.720]  When Gmail was first released, dozens of privacy experts asked Google
[01:31:41.720 --> 01:31:44.720]  to stay out of people's private correspondence.
[01:31:44.720 --> 01:31:47.720]  Unfortunately, Google ignored our request.
[01:31:47.720 --> 01:31:48.720]  I'm Dr. Catherine Albrecht.
[01:31:48.720 --> 01:32:01.720]  More news and information at CatherineAlbrecht.com.
[01:32:01.720 --> 01:32:29.720]  Thank you very much.
[01:32:29.720 --> 01:32:44.720]  All right, folks, we are back.
[01:32:44.720 --> 01:32:45.720]  This is Rule of Law Radio.
[01:32:45.720 --> 01:32:46.720]  We are taking your calls.
[01:32:46.720 --> 01:32:49.720]  We've got a half an hour left in the show and several callers,
[01:32:49.720 --> 01:32:51.720]  so let's see if we can get through them.
[01:32:51.720 --> 01:32:55.720]  We have a first-time caller on the board, Amber in Texas.
[01:32:55.720 --> 01:32:57.720]  Amber, how can we help you?
[01:32:57.720 --> 01:33:01.720]  Yes, sir, I've got an issue that's been bothering me,
[01:33:01.720 --> 01:33:04.720]  and today I want to go take care of my tickets.
[01:33:04.720 --> 01:33:07.720]  And when I went down to take care of my tickets, there was this woman,
[01:33:07.720 --> 01:33:12.720]  Sergeant Brown, had them, or I'm sorry, I didn't know if I was supposed to say her name or not,
[01:33:12.720 --> 01:33:17.720]  but she had had them put a hold on me that way I couldn't go to the courtroom
[01:33:17.720 --> 01:33:20.720]  and take care of my tickets until I came up there and talked to her
[01:33:20.720 --> 01:33:23.720]  about a case that she had been calling me on.
[01:33:23.720 --> 01:33:28.720]  And see, Friday night, right before I could even get to court, she called me at my job
[01:33:28.720 --> 01:33:31.720]  and told me that if I didn't make an appointment to come talk to her,
[01:33:31.720 --> 01:33:33.720]  that she would come pick me up on my warrant,
[01:33:33.720 --> 01:33:36.720]  which is how I found out I had a warrant for tickets in the first place.
[01:33:36.720 --> 01:33:41.720]  And she told me, I guess, about a month ago when she called me the first time
[01:33:41.720 --> 01:33:44.720]  that my phone was used to commit a crime.
[01:33:44.720 --> 01:33:47.720]  Apparently this was during the time that my phone had been stolen
[01:33:47.720 --> 01:33:51.720]  while I was Christmas shopping, and I never did get the phone back,
[01:33:51.720 --> 01:33:53.720]  and I've never found the phone.
[01:33:53.720 --> 01:33:56.720]  And she's trying to, I guess, pin something on me that I have no idea what she's talking about.
[01:33:56.720 --> 01:33:58.720]  Did you report that it was stolen?
[01:33:58.720 --> 01:34:00.720]  Do what? Yeah, I did.
[01:34:00.720 --> 01:34:07.720]  I told the phone company that it was stolen I had to use my phone insurance to purchase a new phone.
[01:34:07.720 --> 01:34:12.720]  Okay, then you need to get those records from your phone company
[01:34:12.720 --> 01:34:15.720]  so that they can show when you reported it,
[01:34:15.720 --> 01:34:20.720]  when the new phone replacement came available to you, and everything.
[01:34:20.720 --> 01:34:22.720]  Okay.
[01:34:22.720 --> 01:34:26.720]  And now she told me today that she read me my rights,
[01:34:26.720 --> 01:34:30.720]  and then she asked me if I would talk to her, if I would weigh my rights and talk to her.
[01:34:30.720 --> 01:34:33.720]  But she would not tell me what it was about.
[01:34:33.720 --> 01:34:36.720]  And I said, I don't know what this is about, so I'm not giving up my rights.
[01:34:36.720 --> 01:34:38.720]  And she goes, well, then I think we're done here.
[01:34:38.720 --> 01:34:41.720]  We were just waiting for new evidence to come in to prove that, you know, you were part of this.
[01:34:41.720 --> 01:34:43.720]  And it came in.
[01:34:43.720 --> 01:34:47.720]  I said, well, if you got evidence against me, do your job and get a warrant.
[01:34:47.720 --> 01:34:50.720]  And she goes, well, then that's what we'll do.
[01:34:50.720 --> 01:34:53.720]  But when she found out that I had been through this system before in the past,
[01:34:53.720 --> 01:34:58.720]  because when her tone changed against me, automatically she assumed I was guilty.
[01:34:58.720 --> 01:35:00.720]  Okay.
[01:35:00.720 --> 01:35:01.720]  And I don't think that that's right.
[01:35:01.720 --> 01:35:03.720]  That's judgment based on my past.
[01:35:03.720 --> 01:35:08.720]  Well, I'm assuming from the title sergeant this is some sort of law enforcement official?
[01:35:08.720 --> 01:35:09.720]  Yes.
[01:35:09.720 --> 01:35:12.720]  She's posted a detective vision up here in Amarillo.
[01:35:12.720 --> 01:35:14.720]  Okay.
[01:35:14.720 --> 01:35:18.720]  For which department, the city or for the county?
[01:35:18.720 --> 01:35:19.720]  The police department.
[01:35:19.720 --> 01:35:20.720]  Okay.
[01:35:20.720 --> 01:35:21.720]  The municipal police department.
[01:35:21.720 --> 01:35:22.720]  Yes.
[01:35:22.720 --> 01:35:24.720]  Okay.
[01:35:24.720 --> 01:35:26.720]  But you don't know what the charge against you is?
[01:35:26.720 --> 01:35:27.720]  No idea.
[01:35:27.720 --> 01:35:29.720]  No.
[01:35:29.720 --> 01:35:31.720]  Okay.
[01:35:31.720 --> 01:35:35.720]  Have you checked to see whether or not there's actually a complaint filed against you?
[01:35:35.720 --> 01:35:37.720]  See, I don't know that either.
[01:35:37.720 --> 01:35:38.720]  I don't know how to find that out.
[01:35:38.720 --> 01:35:43.720]  Well, you go to the clerk of the court and ask to see anything in the court record that's got your name on it.
[01:35:43.720 --> 01:35:44.720]  Okay.
[01:35:44.720 --> 01:35:49.720]  And the point here is that what did they issue a warrant for?
[01:35:49.720 --> 01:36:00.720]  Oh, the warrant was issued for tickets that I had failed to go to court on, which I forgot about my court date because I was actually appearing that day in another county in court for CPS.
[01:36:00.720 --> 01:36:09.720]  And so they issued a warrant and I had actually also forgot about the court date, to be honest with you.
[01:36:09.720 --> 01:36:12.720]  And I went in front of the judge and I told him that and I told him everything.
[01:36:12.720 --> 01:36:23.720]  And he said, okay, and he gave me a fine for the ticket and for the warrant and lifted the warrant and let me pay half today and then, you know, the rest out in payments.
[01:36:23.720 --> 01:36:24.720]  Okay.
[01:36:24.720 --> 01:36:26.720]  Well, if that's the case, there shouldn't be a warrant.
[01:36:26.720 --> 01:36:27.720]  Right.
[01:36:27.720 --> 01:36:28.720]  So there is no longer a warrant.
[01:36:28.720 --> 01:36:33.720]  However, that's what she was trying to use to get me to come down there and talk to her.
[01:36:33.720 --> 01:36:35.720]  She told me that she would come and pick me up on my warrant.
[01:36:35.720 --> 01:36:38.720]  This was Friday if I didn't come and talk to her.
[01:36:38.720 --> 01:36:39.720]  Okay.
[01:36:39.720 --> 01:36:42.720]  She threatened you with a false arrest.
[01:36:42.720 --> 01:36:46.720]  Well, she could have legally come and pick me up for the warrant for the ticket.
[01:36:46.720 --> 01:36:47.720]  No.
[01:36:47.720 --> 01:36:55.720]  How could she have come and legally picked you up if you had already made a plea bargain regarding the withdrawal of the warrant and the judge had agreed to it?
[01:36:55.720 --> 01:36:57.720]  Well, see, this was Friday.
[01:36:57.720 --> 01:37:00.720]  This was past Friday that she called me at my job and told me that.
[01:37:00.720 --> 01:37:03.720]  And how she got my work number, I don't know.
[01:37:03.720 --> 01:37:11.720]  But she called me and told me that if I didn't make an appointment to see her this following week that she would come and pick me up on my warrant for my ticket.
[01:37:11.720 --> 01:37:16.720]  And that's how I found out that I had a warrant for my ticket because I had forgotten all about that court date.
[01:37:16.720 --> 01:37:17.720]  Okay.
[01:37:17.720 --> 01:37:27.720]  And then today I went down to take care of them, first thing this morning, and she had apparently put in the computer not to let me go down into the courtroom until she spoke to me.
[01:37:27.720 --> 01:37:28.720]  Okay.
[01:37:28.720 --> 01:37:37.720]  Well, I would file a criminal complaint against this officer for terroristic threat.
[01:37:37.720 --> 01:37:38.720]  Okay.
[01:37:38.720 --> 01:37:42.720]  Abuse of official capacity and official oppression.
[01:37:42.720 --> 01:37:43.720]  Okay.
[01:37:43.720 --> 01:37:44.720]  Let me write this down.
[01:37:44.720 --> 01:37:46.720]  Terroristic threat.
[01:37:46.720 --> 01:37:48.720]  Okay.
[01:37:48.720 --> 01:37:58.720]  Abuse of official capacity, which is 39.02 penal code, and official oppression, which is 39.03 penal code.
[01:37:58.720 --> 01:38:08.720]  And, Eddie, what about the fact that she attempted to restrict Amber's access to a public court?
[01:38:08.720 --> 01:38:19.720]  Because she said that Amber said that she made some kind of notation in the case not to let Amber in to see the judge unless she talked to this police officer first.
[01:38:19.720 --> 01:38:22.720]  That's restricting her access to a court.
[01:38:22.720 --> 01:38:27.720]  Well, yeah, that's what we're going to with the abuse of official capacity and official oppression.
[01:38:27.720 --> 01:38:28.720]  Right.
[01:38:28.720 --> 01:38:32.720]  I went in to see the judge and they pulled me out of the courtroom and then they took me into the courtroom.
[01:38:32.720 --> 01:38:33.720]  Who's day?
[01:38:33.720 --> 01:38:38.720]  The attending officer for that, for the warrant division.
[01:38:38.720 --> 01:38:43.720]  And then when they pulled me out and had me sitting in front of him, he was typing this stuff in his computer and took my picture.
[01:38:43.720 --> 01:38:47.720]  And then he called her from upstairs because it's all part of the same building in our town.
[01:38:47.720 --> 01:38:52.720]  And she came downstairs and took me upstairs and, you know, wanted to talk to me.
[01:38:52.720 --> 01:38:56.720]  But I told her on Friday that I would not talk to her without a lawyer present.
[01:38:56.720 --> 01:38:59.720]  And I didn't and I don't in Vermont.
[01:38:59.720 --> 01:39:07.720]  My lawyer and I had already set up an appointment to meet with her on Tuesday, but she pulled this on Monday knowing that me being there to take care of my tickets.
[01:39:07.720 --> 01:39:08.720]  Okay.
[01:39:08.720 --> 01:39:13.720]  Did she give you the impression that you did not have a choice other than to go with her?
[01:39:13.720 --> 01:39:14.720]  Yes.
[01:39:14.720 --> 01:39:15.720]  Absolutely.
[01:39:15.720 --> 01:39:16.720]  Okay.
[01:39:16.720 --> 01:39:19.720]  Then you need to charge her also with false imprisonment.
[01:39:19.720 --> 01:39:21.720]  And was she wearing a gun?
[01:39:21.720 --> 01:39:22.720]  Yes.
[01:39:22.720 --> 01:39:25.720]  Then charge her with aggravated assault.
[01:39:25.720 --> 01:39:28.720]  Okay.
[01:39:28.720 --> 01:39:37.720]  Because without a warrant, she cannot make you come talk to her under force of arms.
[01:39:37.720 --> 01:39:38.720]  Okay.
[01:39:38.720 --> 01:39:40.720]  Especially if you have legal counsel.
[01:39:40.720 --> 01:39:42.720]  And she is very aware of that.
[01:39:42.720 --> 01:39:43.720]  Yes, she is.
[01:39:43.720 --> 01:39:45.720]  I've said it to her three times.
[01:39:45.720 --> 01:39:49.720]  I even had to call her back and tell her that my attorney could not meet on Monday.
[01:39:49.720 --> 01:39:51.720]  It would have to be Tuesday.
[01:39:51.720 --> 01:39:52.720]  Okay.
[01:39:52.720 --> 01:39:58.720]  She already knew you had an attorney. What she did was highly illegal, and she ought to know that.
[01:39:58.720 --> 01:40:02.720]  Go after her with all barrels blazing, so to speak.
[01:40:02.720 --> 01:40:03.720]  Okay.
[01:40:03.720 --> 01:40:10.720]  And without this warrant that she says she's going to get on me, if she had grounds to get a warrant, why would she need to talk to me in the first place?
[01:40:10.720 --> 01:40:17.720]  Well, she's trying to see if she could get you to say something that she could probably generate a warrant with.
[01:40:17.720 --> 01:40:23.720]  So good thing you didn't talk to her because she would have made something up.
[01:40:23.720 --> 01:40:37.720]  But in the meantime, if she knew you had legal counsel and hauled you in there anyway and did not give you the option of whether or not you're talking to her was voluntary, she is completely screwed.
[01:40:37.720 --> 01:40:39.720]  Okay.
[01:40:39.720 --> 01:40:43.720]  Do you make recordings of this thing that way I can record it later?
[01:40:43.720 --> 01:40:45.720]  Yes, we are archived.
[01:40:45.720 --> 01:40:46.720]  Okay.
[01:40:46.720 --> 01:40:47.720]  Thank you very much, sir.
[01:40:47.720 --> 01:40:48.720]  Yes, ma'am.
[01:40:48.720 --> 01:40:49.720]  You're welcome.
[01:40:49.720 --> 01:40:50.720]  Goodbye.
[01:40:50.720 --> 01:40:51.720]  Goodbye.
[01:40:51.720 --> 01:40:52.720]  Okay.
[01:40:52.720 --> 01:40:55.720]  Now let's go to Fred in Texas.
[01:40:55.720 --> 01:40:57.720]  Fred, how can we help you?
[01:40:57.720 --> 01:40:58.720]  All right.
[01:40:58.720 --> 01:41:02.720]  We've got an issue with some property here in Texas.
[01:41:02.720 --> 01:41:08.720]  This is regarding property rights and rental issues, not necessarily a mortgage issue.
[01:41:08.720 --> 01:41:27.720]  If we rent a dilapidated property to an individual that is not quite up to code, are there any risk involved with that if they agreed to make the repairs in order to make the dwelling habitable at that time?
[01:41:27.720 --> 01:41:50.720]  Not as long as you have all that criteria in writing that they have agreed pursuant the rental agreement to make the following repairs as necessary regardless of cost or anything until such repairs have the dwelling in a state that is compliant with whatever code applies.
[01:41:50.720 --> 01:41:53.720]  If that's in your rental agreement, no.
[01:41:53.720 --> 01:41:58.720]  If it's not in your rental agreement, oh, yes.
[01:41:58.720 --> 01:41:59.720]  Okay.
[01:41:59.720 --> 01:42:02.720]  So then I risk being held in the court.
[01:42:02.720 --> 01:42:03.720]  That's correct.
[01:42:03.720 --> 01:42:18.720]  They can not refuse to pay you rent after they're moved in because the place does not conform to code and then make you pay to get it up to code while they're living there rent-free.
[01:42:18.720 --> 01:42:19.720]  Oh, wow.
[01:42:19.720 --> 01:42:21.720]  Okay.
[01:42:21.720 --> 01:42:23.720]  Well, that's a serious issue.
[01:42:23.720 --> 01:42:25.720]  I'm glad I called in and thank you for the help.
[01:42:25.720 --> 01:42:26.720]  I had one other question.
[01:42:26.720 --> 01:42:33.720]  What about these dang toll roads all around Austin and this area and everything and throughout Texas?
[01:42:33.720 --> 01:42:40.720]  When these guys get to your license plate and send you this bill in the mail, are we really required to pay this?
[01:42:40.720 --> 01:42:49.720]  I mean, I never signed a contract with these people to drive on their road and if they don't have anybody there to see me drive on it, do I have to pay it?
[01:42:49.720 --> 01:42:52.720]  What they do is called a camera.
[01:42:52.720 --> 01:42:53.720]  Okay.
[01:42:52.720 --> 01:42:53.720]  Okay.
[01:42:53.720 --> 01:42:58.720]  But what they don't have is a picture showing who was driving.
[01:42:58.720 --> 01:43:09.720]  So you don't know one way or the other 100% certainty when or if you were the driver of the vehicle under the given circumstances when this picture is taken.
[01:43:09.720 --> 01:43:18.720]  In fact, you have nothing that verifies whether or not the picture is true and correct if there even is a picture.
[01:43:18.720 --> 01:43:24.720]  So what you're going to do is you're going to send this back to a copy of it, not your original that they sent you.
[01:43:24.720 --> 01:43:36.720]  You keep that, but you make a photocopy of it and you send it back to them demanding that they produce any and all evidence showing that you were the driver of the vehicle
[01:43:36.720 --> 01:43:44.720]  and any photographs or video or anything else they have that would pertain to the case and prove theirs.
[01:43:44.720 --> 01:43:45.720]  Okay.
[01:43:45.720 --> 01:43:49.720]  Just a second, Fred. We'll pick you up on the other side. We're about to go to break again.
[01:43:49.720 --> 01:43:50.720]  All right, folks.
[01:43:50.720 --> 01:43:54.720]  Rule of Law Radio 512-646-1984.
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[01:46:24.720 --> 01:46:37.720]  This is Rule of Law Radio.
[01:46:37.720 --> 01:46:39.720]  Eddie Craig, Deborah Stevens, Randy Kelton.
[01:46:39.720 --> 01:46:42.720]  We are back, and we have Fred and Chad on the line.
[01:46:42.720 --> 01:46:44.720]  We're going to go ahead and finish up with Fred.
[01:46:44.720 --> 01:46:45.720]  So, Chad, please hang on.
[01:46:45.720 --> 01:46:47.720]  We'll be with you momentarily.
[01:46:47.720 --> 01:46:57.720]  Fred, you do understand what I said in the first part of your question that when you lease this out to someone in a condition that does not meet code for a dwelling,
[01:46:57.720 --> 01:47:08.720]  that the contract must stipulate that the leasee acknowledges that they were made fully aware that the property was not up to code as a habitation
[01:47:08.720 --> 01:47:24.720]  and that they agreed to rent it in that state for the express purpose of making the repairs and restoring it to a habitation's requirements that conform to whatever code, county or city, correct?
[01:47:24.720 --> 01:47:27.720]  Well, that's right, and that's what we have.
[01:47:27.720 --> 01:47:32.720]  You know, we had some bad renters before, and now the place is in a bit of a shambles.
[01:47:32.720 --> 01:47:38.720]  They raped it and stole all the copper wire for the electrical service and everything.
[01:47:38.720 --> 01:47:51.720]  And now that's the conditions it's in, and we've got some people who agreed to repair it in lieu of the deposit money in order to move in.
[01:47:51.720 --> 01:47:52.720]  Okay.
[01:47:52.720 --> 01:47:57.720]  How did you account for if the expense exceeds the deposit money?
[01:47:57.720 --> 01:48:06.720]  Well, we went ahead and got an estimate on what the cost of the material was and the average cost of labor and figured that out.
[01:48:06.720 --> 01:48:07.720]  Okay.
[01:48:07.720 --> 01:48:16.720]  But again, just in case that is not enough, how are you going to account for any overage or under for that matter?
[01:48:16.720 --> 01:48:20.720]  Say the total cost is less than the deposit, for instance.
[01:48:20.720 --> 01:48:22.720]  How do you make up the difference?
[01:48:22.720 --> 01:48:28.720]  And if the total cost turns out to be more than the total deposit, how are you going to make up the difference?
[01:48:28.720 --> 01:48:32.720]  These are things you don't want to leave to interpretation.
[01:48:32.720 --> 01:48:36.720]  Get them into your rental contract.
[01:48:36.720 --> 01:48:37.720]  I see.
[01:48:37.720 --> 01:48:49.720]  Well, you know, we figured that the deposit would be about $1,200, and that was roughly the cost to Murrow and Lepper to repair the electrical system to the place.
[01:48:49.720 --> 01:48:50.720]  Right.
[01:48:50.720 --> 01:48:53.720]  And that's the problem with roughly.
[01:48:53.720 --> 01:48:54.720]  Correct.
[01:48:54.720 --> 01:48:56.720]  It's rough.
[01:48:56.720 --> 01:48:57.720]  Yeah.
[01:48:57.720 --> 01:49:15.720]  So I would make certain to get everything as covered in as much detail as possible as to what is agreed to as far as the money either way, that there's a whole lot less possibility of something being misunderstood or misinterpreted or argued about later if you do that.
[01:49:15.720 --> 01:49:16.720]  Okay.
[01:49:16.720 --> 01:49:22.720]  As for toll roads, I mean, they're just a pain in the posterior, if you know what I mean.
[01:49:22.720 --> 01:49:24.720]  I do.
[01:49:24.720 --> 01:49:29.720]  You know, I just I find it ridiculous, number one, that they can send all this stuff.
[01:49:29.720 --> 01:49:39.720]  If I have called them in the past and spoken with them, is that any proof for me giving up any kind of rights by speaking with them to try and.
[01:49:39.720 --> 01:50:02.720]  It's not any proof of you giving up your rights, but you need to be real careful about that. And from now on, I would demand any correspondence or contact be done in writing, not by phone, and I recommend you do not contact them by phone, because those conversations can be recorded.
[01:50:02.720 --> 01:50:09.720]  And if you say something that they can construe any particular way and use it against you, they will.
[01:50:09.720 --> 01:50:10.720]  Okay.
[01:50:10.720 --> 01:50:16.720]  Now, if they somehow glean a warrant through the county or city.
[01:50:16.720 --> 01:50:18.720]  They're not going to be able to glean a warrant.
[01:50:18.720 --> 01:50:20.720]  Those are civil.
[01:50:20.720 --> 01:50:21.720]  Okay.
[01:50:21.720 --> 01:50:26.720]  Now what you can do is report it so that you cannot renew your license or your registration.
[01:50:26.720 --> 01:50:55.720]  But if you can show that you have made due diligent effort to ascertain whether or not you were liable for this and they haven't provided anything to substantiate their claim, then you've got to claim if you're being withheld from renewal that this is a bill of attainder, because this is an administrative function for which there's been no judicial determination of guilt.
[01:50:55.720 --> 01:50:58.720]  Okay.
[01:50:58.720 --> 01:51:06.720]  So really, they have to come up with something substantial in order to hold my license if they were to proceed in that direction, correct?
[01:51:06.720 --> 01:51:07.720]  That is correct.
[01:51:07.720 --> 01:51:10.720]  Now how often do they really do that?
[01:51:10.720 --> 01:51:12.720]  I can't answer that.
[01:51:12.720 --> 01:51:14.720]  Okay.
[01:51:14.720 --> 01:51:26.720]  I hear about people that get these things and they handle them in however way we discuss or whatever, but no one's ever called me back to give me a disposition, so I don't know.
[01:51:26.720 --> 01:51:27.720]  All right.
[01:51:27.720 --> 01:51:28.720]  Got it.
[01:51:28.720 --> 01:51:31.720]  Well, I'll keep you all posted on the toll road issue.
[01:51:31.720 --> 01:51:32.720]  All right.
[01:51:32.720 --> 01:51:33.720]  Appreciate it.
[01:51:33.720 --> 01:51:34.720]  Thank you much, Fred.
[01:51:34.720 --> 01:51:35.720]  Anything else?
[01:51:35.720 --> 01:51:36.720]  No, sir.
[01:51:36.720 --> 01:51:37.720]  All right.
[01:51:37.720 --> 01:51:38.720]  Thank you for calling in.
[01:51:38.720 --> 01:51:39.720]  Have a good night.
[01:51:39.720 --> 01:51:40.720]  You too.
[01:51:40.720 --> 01:51:41.720]  Bye-bye.
[01:51:41.720 --> 01:51:42.720]  All right.
[01:51:42.720 --> 01:51:43.720]  That leaves us with Chad.
[01:51:43.720 --> 01:51:45.720]  We've got a whole seven minutes to deal with you.
[01:51:45.720 --> 01:51:46.720]  What you got?
[01:51:46.720 --> 01:51:55.720]  Well, I got a judgment of a conviction from the court for the speeding ticket.
[01:51:55.720 --> 01:52:08.720]  But in the quotes where it says, we the jury find the defendant guilty as charged and blah, blah, blah, it says the fine of dollar sign blank period in quotation marks.
[01:52:08.720 --> 01:52:10.720]  And that was signed by the presiding jury.
[01:52:10.720 --> 01:52:13.720]  Of course, mine's a copy, and they might have filled it in later.
[01:52:13.720 --> 01:52:19.720]  Did the jury stipulate the amount of the fine at the trial?
[01:52:19.720 --> 01:52:22.720]  They may have said something.
[01:52:22.720 --> 01:52:23.720]  I don't remember how much it was.
[01:52:23.720 --> 01:52:25.720]  What were you doing, sleeping?
[01:52:25.720 --> 01:52:35.720]  No, but I was trying to give my point, and they weren't listening to me.
[01:52:35.720 --> 01:52:42.720]  Okay, did you listen to the first half of this evening's ramblings?
[01:52:42.720 --> 01:52:44.720]  No, I'm going to have to go back and listen to it.
[01:52:44.720 --> 01:52:55.720]  Yes, please go back and get the archive, because now you can probably get this overturned, because I can guarantee you that the prosecution did not prove their case.
[01:52:55.720 --> 01:53:04.720]  And the first 45 minutes of our show tonight is going to tell you exactly how they didn't prove your case.
[01:53:04.720 --> 01:53:05.720]  Okay.
[01:53:05.720 --> 01:53:17.720]  All right, so you challenge it as a directed verdict in your favor, because the state failed to prove anything against you in court.
[01:53:17.720 --> 01:53:22.720]  And you can raise that on appeal, I'm pretty sure.
[01:53:22.720 --> 01:53:28.720]  So you don't see anything usable in this blank dollar sign?
[01:53:28.720 --> 01:53:36.720]  No, because, as you stated, that could simply have been a copy that was given to you before it was filled out.
[01:53:36.720 --> 01:53:46.720]  Well, it was signed by the presiding juror and then by the judge and then stamped with their stamps, and then they made the copy of it.
[01:53:46.720 --> 01:53:55.720]  Okay, but again, if you weren't paying attention to what they said at trial as to what the amount was, which they're required to do,
[01:53:55.720 --> 01:54:03.720]  the jury's required to tell them how much they are determining your fine is to be set at.
[01:54:03.720 --> 01:54:14.720]  But if they said something but didn't write it in there and then signed it with a blank under the amount, you don't think that matters?
[01:54:14.720 --> 01:54:16.720]  I think it would matter.
[01:54:16.720 --> 01:54:18.720]  The question is, is who's going to uphold it?
[01:54:18.720 --> 01:54:20.720]  Yes.
[01:54:20.720 --> 01:54:22.720]  Is this the municipal or justice court?
[01:54:22.720 --> 01:54:24.720]  Justice court.
[01:54:24.720 --> 01:54:26.720]  Okay.
[01:54:26.720 --> 01:54:35.720]  Then what I would do is call down and ask the clerk of the court, what was the determination by the jury as to the amount of the fine?
[01:54:35.720 --> 01:54:48.720]  If it turns out that there's nothing on their copy either, now you've got a case to say the jury found you of no less than or no more than a dollar
[01:54:48.720 --> 01:54:55.720]  because the minimum is $1 and the maximum is $200.
[01:54:55.720 --> 01:55:04.720]  I remember a citation from some case that I don't know what it was now, but I didn't have any reason to think of it at the time,
[01:55:04.720 --> 01:55:12.720]  but something about if there was no fine of sense, it was equivalent to a finding of not guilty.
[01:55:12.720 --> 01:55:20.720]  Okay. Well, the problem is you've got an order that says guilty with no fine assessed.
[01:55:20.720 --> 01:55:28.720]  So you've got a contradicting order or at least I should say a jury decision, not necessarily an order.
[01:55:28.720 --> 01:55:35.720]  But if you want to argue it from that perspective, I would find that case.
[01:55:35.720 --> 01:55:42.720]  And if you have that case, please email me a copy of it so I can dissect it and make sure that's what it does.
[01:55:42.720 --> 01:55:47.720]  Okay.
[01:55:47.720 --> 01:55:58.720]  Well, I'll probably first go back and listen to what you said in the rest of the show and see if it's even worth bothering with that route.
[01:55:58.720 --> 01:56:01.720]  But I appreciate you.
[01:56:01.720 --> 01:56:03.720]  Weren't you in the military?
[01:56:03.720 --> 01:56:05.720]  Didn't I hear you say that before?
[01:56:05.720 --> 01:56:07.720]  Yeah, 14 years in the Air Force.
[01:56:07.720 --> 01:56:09.720]  Thank you for your service to our country, sir.
[01:56:09.720 --> 01:56:13.720]  Well, thank you. Appreciate it.
[01:56:13.720 --> 01:56:14.720]  Anything else?
[01:56:14.720 --> 01:56:16.720]  The service that you all are doing now.
[01:56:16.720 --> 01:56:25.720]  Well, this one is going to be the one that's going to be the five for the freedom just as much as the one where you're wearing a uniform, believe me.
[01:56:25.720 --> 01:56:27.720]  Is there anything else, Chad?
[01:56:27.720 --> 01:56:28.720]  No, sir, that's it.
[01:56:28.720 --> 01:56:29.720]  All right.
[01:56:29.720 --> 01:56:30.720]  Well, thank you very much.
[01:56:30.720 --> 01:56:31.720]  Appreciate it.
[01:56:31.720 --> 01:56:32.720]  Have a good night.
[01:56:32.720 --> 01:56:33.720]  Thank you, sir.
[01:56:33.720 --> 01:56:34.720]  All right, folks.
[01:56:34.720 --> 01:56:37.720]  We've only got a couple of minutes left, and Chad was our last caller.
[01:56:37.720 --> 01:56:42.720]  I would like to take this opportunity to thank you very much for listening in tonight.
[01:56:42.720 --> 01:56:51.720]  And again, if you are not attending them as of yet, please come down to the Saturday seminars at Brave New Books on Guadalupe.
[01:56:51.720 --> 01:56:53.720]  And it is from 3 to 6.
[01:56:53.720 --> 01:57:02.720]  It is a $20 cover charge, but I promise you the information and the knowledge is worth a lot more to you in the long run.
[01:57:02.720 --> 01:57:05.720]  If you are coming, please bring friends.
[01:57:05.720 --> 01:57:10.720]  The more people we get educated on this, the stronger we become.
[01:57:10.720 --> 01:57:15.720]  Right now, they're winning because they outnumber us in public opinion.
[01:57:15.720 --> 01:57:19.720]  The jurors that sit in the cases are not educated.
[01:57:19.720 --> 01:57:28.720]  We need these jurors to be in places like Brave New Books attending seminars like this so that we can get them educated,
[01:57:28.720 --> 01:57:35.720]  because only by getting them educated will they be able to make an informed decision while they're in that jury box.
[01:57:35.720 --> 01:57:44.720]  So, folks, friends, family, acquaintances, total strangers, talk to them, interact with them.
[01:57:44.720 --> 01:57:53.720]  If they've got tickets, if they've got issues with law or any government agency, please have them start listening to the show.
[01:57:53.720 --> 01:57:56.720]  Please have them come down to the seminars.
[01:57:56.720 --> 01:57:59.720]  Please help them get educated.
[01:57:59.720 --> 01:58:01.720]  We've got to rely on each other.
[01:58:01.720 --> 01:58:05.720]  We don't have anybody in the system that's working for us.
[01:58:05.720 --> 01:58:10.720]  It's going to be up to us, so let's make the most of it and work together.
[01:58:10.720 --> 01:58:16.720]  Okay, we're winding down the show. Thanks, everybody, for listening in and for calling in.
[01:58:16.720 --> 01:58:21.720]  Be back here with us on Thursday, 8 o'clock, and on Friday at 8 o'clock.
[01:58:21.720 --> 01:58:29.720]  For the rest of our weekly session, and remember, Friday night is a four-hour show, so make time to listen in.
[01:58:29.720 --> 01:58:34.720]  It's Eddie Craig, Deborah Stevens, Randy Kelton, Rule of Law Radio.
[01:58:34.720 --> 01:58:40.720]  Thank you all, and have a good night.
[01:59:04.720 --> 01:59:07.720]  Thank you.
[01:59:34.720 --> 01:59:37.720]  Thank you.
[01:59:37.720 --> 02:00:05.720]  Thank you.