[00:00.000 --> 00:13.000]  Bad boys, what you want, what you want, what you gonna do?
[00:13.000 --> 00:18.000]  When your mission don't come for you
[00:18.000 --> 00:25.000]  Tell me, what you gonna do, what you gonna do?
[00:25.000 --> 00:38.000]  Bad boys, what you gonna do, what you gonna do when they come for you?
[00:38.000 --> 00:40.000]  When you were 80 and your had bad dreams
[00:40.000 --> 00:43.000]  You go to school and earn the gold and lose
[00:43.000 --> 00:46.000]  So why are you acting like a bloody fool
[00:46.000 --> 00:49.000]  If you get caught and you must get caught
[00:49.000 --> 00:54.000]  Bad boys, what you gonna do, what you gonna do when they come for you?
[00:54.000 --> 01:00.000]  Bad boys, what you gonna do, what you gonna do when they come for you?
[01:00.000 --> 01:11.000]  Bad boys, what you gonna do, what you gonna do when they come for you?
[01:11.000 --> 01:32.000]  Bad boys, what you gonna do, what you gonna do when they come for you?
[01:32.000 --> 01:56.000]  Bad boys, what you gonna do, what you gonna do when they come for you?
[01:56.000 --> 02:03.000]  Okay, good evening, this is Thursday the 23rd of September 2021
[02:03.000 --> 02:06.000]  Rule of Law Radio, Randy Kelton, I'm Brett Fountain
[02:06.000 --> 02:11.000]  And we are actually gonna do it solo this evening without Randy
[02:11.000 --> 02:16.000]  We had a little, we had a few different little issues going on
[02:16.000 --> 02:19.000]  Randy's, he's not feeling too well
[02:19.000 --> 02:22.000]  Anybody wants to pray for Randy, this would be a good time for it
[02:22.000 --> 02:29.000]  The equipment, we had little issues getting started, sorry about the delay
[02:29.000 --> 02:33.000]  But here we are on Thursday the 23rd of September
[02:33.000 --> 02:38.000]  Alright, this evening we are gonna start out talking about traffic court
[02:38.000 --> 02:41.000]  What to do and when
[02:41.000 --> 02:43.000]  We had a lot of votes on that
[02:43.000 --> 02:47.000]  We put out some polls, I was asking people what do they really want to hear
[02:47.000 --> 02:52.000]  And last week this got the highest votes, but we had some other issues last week
[02:52.000 --> 02:58.000]  And we launched into sort of a different direction
[02:58.000 --> 03:02.000]  Now the highest votes for tonight ended up being discovery requests
[03:02.000 --> 03:05.000]  Well that's fine, we'll talk about traffic court and discovery requests
[03:05.000 --> 03:08.000]  Because they do go pretty well hand in hand
[03:08.000 --> 03:17.000]  So a lot of times people come, we connect with people at the point where
[03:17.000 --> 03:23.000]  They've maybe never been involved in court before, they haven't taken the jurisdictionary course
[03:23.000 --> 03:27.000]  They're not really familiar with what exactly is supposed to happen
[03:27.000 --> 03:33.000]  Don't necessarily know the discrepancy between the way things work in the real world
[03:33.000 --> 03:38.000]  And what the procedure is supposed to be according to law
[03:38.000 --> 03:44.000]  And so it's good to start familiarizing ourselves with these things before that
[03:44.000 --> 03:48.000]  But if you don't, you're gonna end up in the deep end all at once
[03:48.000 --> 03:53.000]  Which is usually, unfortunately, that's how it typically happens
[03:53.000 --> 03:56.000]  We don't get interested in this boring stuff until it lands on us, right?
[03:56.000 --> 04:04.000]  So let's just step through some of the things that we could encounter
[04:04.000 --> 04:07.000]  And what we ought to do about that
[04:07.000 --> 04:14.000]  Let's say in traffic court, you've got some sort of speeding ticket
[04:14.000 --> 04:18.000]  Or you rolled through a stop sign, or maybe you did nothing at all
[04:18.000 --> 04:21.000]  And just had a policeman following you because he wanted to give you a ticket
[04:21.000 --> 04:25.000]  And eventually he decided to hit his lights and do that
[04:25.000 --> 04:32.000]  Well, so you're probably gonna have a citation
[04:32.000 --> 04:37.000]  And depending on which state you're in, they may treat that as a civil infraction
[04:37.000 --> 04:40.000]  Or they may treat it as a crime
[04:40.000 --> 04:47.000]  And crimes need to have a complaint, a sworn complaint
[04:47.000 --> 04:56.000]  Somebody that's swearing to some articulable facts that would lead to probable cause
[04:56.000 --> 05:02.000]  To probable causes, a special little phrase
[05:02.000 --> 05:14.000]  And this, it means that they, somebody would have, that it looks like you did a crime
[05:14.000 --> 05:17.000]  I guess it's a good way to simplify that
[05:17.000 --> 05:24.000]  So they need to have, somebody needs to swear on paper in writing with their signature
[05:24.000 --> 05:30.000]  They need to say that according to this fact and this fact and this fact, I believe
[05:30.000 --> 05:33.000]  This person over here did a crime
[05:33.000 --> 05:38.000]  Now, that complaint is not good enough to start a court case
[05:38.000 --> 05:43.000]  And certainly a citation is not good enough to start a court case
[05:43.000 --> 05:48.000]  However, unfortunately, that's typically what our public officials are doing
[05:48.000 --> 05:52.000]  Day in, day out, they're starting a court case without the proper paperwork
[05:52.000 --> 05:58.000]  So we can challenge, regardless of the facts of the case
[05:58.000 --> 06:01.000]  Maybe you really were speeding, maybe you weren't
[06:01.000 --> 06:05.000]  Maybe transportation code applies to you, maybe it doesn't
[06:05.000 --> 06:13.000]  Maybe the, maybe what you were traveling in was your automobile
[06:13.000 --> 06:16.000]  And maybe it was a motor vehicle involved in commerce
[06:16.000 --> 06:23.000]  All of those facts aside, let's just rewind to the part where they started a case
[06:23.000 --> 06:26.000]  And let's see if they did it right
[06:26.000 --> 06:28.000]  That's kind of this approach
[06:28.000 --> 06:32.000]  We're looking at the process, it's called due process of law
[06:32.000 --> 06:38.000]  If they follow the right steps, they have the authorized individuals involved
[06:38.000 --> 06:40.000]  They did the proper paperwork
[06:40.000 --> 06:45.000]  And it has all of the characteristics that it needs to have, for instance, being sworn
[06:45.000 --> 06:48.000]  How do you swear to something?
[06:48.000 --> 06:55.000]  The way that works is, you've got person A who says that he has some facts
[06:55.000 --> 07:01.000]  And he's willing to swear or affirm that these facts are the truth
[07:01.000 --> 07:07.000]  And if they are true, then those facts would line up to a crime
[07:07.000 --> 07:13.000]  So he's got to take this document, he writes up these facts, or somebody else can write it for him
[07:13.000 --> 07:15.000]  If he's illiterate, that's fine, it'll still work
[07:15.000 --> 07:19.000]  You can do a verbal and then have somebody else write it down and then he can make his mark at the bottom
[07:19.000 --> 07:29.000]  But he has to make his mark in front of somebody or sign in front of somebody else who is authorized to take that sworn statement
[07:29.000 --> 07:34.000]  So it's a special form of affidavit
[07:34.000 --> 07:46.000]  This affidavit, this affirmation, this statement of fact is asserting that these several bullet points are true
[07:46.000 --> 07:49.000]  So it's got to have a signature of the person who believes it
[07:49.000 --> 07:52.000]  And it's got to have another signature on there
[07:52.000 --> 08:00.000]  It's got to have a signature of the person for whom this oath was made, this oath or affirmation
[08:00.000 --> 08:05.000]  So it usually would be a magistrate or it could be a notary public
[08:05.000 --> 08:08.000]  It could even be a clerk in some situations
[08:08.000 --> 08:17.000]  But it has to be somebody authorized by law to take that oath or affirmation
[08:17.000 --> 08:25.000]  And that person is also going to sign it or put their stamp, their head, and they have an official seal of office that they would stamp on there as well
[08:25.000 --> 08:31.000]  So a citation doesn't even come close to meeting these requirements
[08:31.000 --> 08:40.000]  And yet often that's what we see is the only thing that exists in the court record
[08:40.000 --> 08:45.000]  So how did they start this court case? How do they even have a case number?
[08:45.000 --> 08:47.000]  By law they can't
[08:47.000 --> 08:49.000]  Well, unfortunately they do it all the time
[08:49.000 --> 08:51.000]  So this is what we're going to challenge
[08:51.000 --> 08:56.000]  We're going to start out with a challenge to the jurisdiction of the court
[08:56.000 --> 09:04.000]  And this is not bowing up and saying this court doesn't have any business trying to talk to me
[09:04.000 --> 09:11.000]  That could very well be also, but it's a different approach, it's a different argument
[09:11.000 --> 09:19.000]  So we're not talking about straw man, we're not talking about all cap's name
[09:19.000 --> 09:24.000]  We're not talking about fringes on the flag or whether or not your birth certificate is owned by Rome
[09:24.000 --> 09:30.000]  There's nothing involved here about reclaiming your trust or correcting your status
[09:30.000 --> 09:41.000]  But any of those kinds of things which typically could make the recipient think that you're a nutso paper terrorist
[09:41.000 --> 09:45.000]  So something that they're going to start treating you badly or whatever
[09:45.000 --> 09:47.000]  You're not going there
[09:47.000 --> 09:49.000]  No, feel free if you want to
[09:49.000 --> 09:57.000]  But this approach we're talking about is challenging the jurisdiction of the court for their due process failures
[09:57.000 --> 10:00.000]  We're just saying you didn't follow the law
[10:00.000 --> 10:08.000]  You started this court case in a way that is not according to the laws that you swore you were going to follow
[10:08.000 --> 10:12.000]  We've got these laws, we set them up here through our legislators
[10:12.000 --> 10:15.000]  And you've got your own agenda over here
[10:15.000 --> 10:20.000]  I don't know what you did, but the court never acquired jurisdiction
[10:20.000 --> 10:23.000]  So that's what we're going to start with a challenge
[10:23.000 --> 10:30.000]  And we do that with a simple document that says, I'm challenging the jurisdiction of the court
[10:30.000 --> 10:41.000]  I personally like to word it in a way that I believe has, it's a little smoother for the hearer
[10:41.000 --> 10:49.000]  Typically the judge is going to look at a challenge and say, well of course I have jurisdiction
[10:49.000 --> 10:54.000]  I'm a judge, I've got all the jurisdiction in the world
[10:54.000 --> 11:07.000]  And you know, there's a difference between the court having subject matter jurisdiction in general over that kind of subject
[11:07.000 --> 11:15.000]  And on the other hand, does the court have jurisdiction over your case?
[11:15.000 --> 11:22.000]  Has your case been properly brought before the court? Or is it just that that court can hear that kind of case?
[11:22.000 --> 11:26.000]  There's a difference there and that distinction needs to be made
[11:26.000 --> 11:32.000]  Clearly enough that the judge gets it and doesn't start pushing back
[11:32.000 --> 11:38.000]  Well, we're going to go to our sponsors and we'll talk some more about this after the break
[11:38.000 --> 11:44.000]  Our calling number is 512-646-1984
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[12:52.000 --> 12:57.000]  Logos Radio Network welcomes a new show to our lineup for the new year
[12:57.000 --> 13:03.000]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time
[13:03.000 --> 13:06.000]  Our goal is in accord with Matthew 516
[13:06.000 --> 13:10.000]  Let your light so shine before men that they may see your good works
[13:10.000 --> 13:13.000]  And glorify your Father which is in heaven
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[13:26.000 --> 13:30.000]  Our verse by verse Bible studies will begin in the book of Matthew
[13:30.000 --> 13:33.000]  Where we will discuss one chapter per week
[13:33.000 --> 13:38.000]  The topical Bible studies will vary each week and will explore sound doctrine
[13:38.000 --> 13:41.000]  As well as Christian character development
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[13:45.000 --> 13:49.000]  Wednesdays from 8 to 10 p.m. starting January 8th
[13:49.000 --> 14:05.000]  Join us live on LogosRadioNetwork.com
[14:20.000 --> 14:22.000]  I'm Brett Fountain
[14:22.000 --> 14:24.000]  We're actually without Randy this evening
[14:24.000 --> 14:27.000]  We're going to go ahead and continue
[14:27.000 --> 14:31.000]  I'm getting a lot of messages where people are saying that they couldn't hear
[14:31.000 --> 14:33.000]  It was just dead air for the last segment
[14:33.000 --> 14:39.000]  So I will make an attempt to remember where I was at the last segment
[14:39.000 --> 14:42.000]  And we'll continue from there
[14:42.000 --> 14:46.000]  So let's see, we were talking about at the beginning
[14:46.000 --> 14:51.000]  I think it was jurisdiction and we were saying that
[14:51.000 --> 14:58.000]  Jurisdiction needs to be invoked in order for it to be
[14:58.000 --> 15:01.000]  Forgive me if I rehash a little bit
[15:01.000 --> 15:05.000]  I'm not exactly sure where we left off there
[15:05.000 --> 15:12.000]  But I think we were talking about jurisdiction needs to be invoked
[15:12.000 --> 15:15.000]  And the other issue is venue
[15:15.000 --> 15:19.000]  Both of these are known as threshold issues
[15:19.000 --> 15:22.000]  That means that the court can't proceed like the threshold of a doorway
[15:22.000 --> 15:26.000]  They can't go ahead and deal with the case
[15:26.000 --> 15:29.000]  If the case hasn't been properly commenced
[15:29.000 --> 15:31.000]  Unless you let them
[15:31.000 --> 15:35.000]  Now they're going to go ahead and bluster and bluff
[15:35.000 --> 15:40.000]  And expect you to just go along with it because they have a nice shiny tie
[15:40.000 --> 15:45.000]  Well, you're the one that gets to stand up and say, whoa
[15:45.000 --> 15:50.000]  We have a threshold issue before the court that needs to be addressed first
[15:50.000 --> 15:52.000]  And they can't just go ahead
[15:52.000 --> 15:54.000]  And if they do, that's fine
[15:54.000 --> 15:56.000]  Don't lose your cool
[15:56.000 --> 15:59.000]  And this applies to everything in the courtroom
[15:59.000 --> 16:00.000]  Don't lose your cool
[16:00.000 --> 16:02.000]  They're going to...
[16:02.000 --> 16:04.000]  I'm sorry, unfortunately
[16:04.000 --> 16:07.000]  They're probably going to be unlawful
[16:07.000 --> 16:10.000]  They're going to blow off due process
[16:10.000 --> 16:18.000]  And instead do their normal policies and their normal patterns and practices
[16:18.000 --> 16:20.000]  Which deprive you of your rights
[16:20.000 --> 16:23.000]  And you have to be aware when this is happening
[16:23.000 --> 16:27.000]  Call them on it, but don't lose your cool
[16:27.000 --> 16:29.000]  And so here's what it might look like
[16:29.000 --> 16:32.000]  Just as an example
[16:32.000 --> 16:37.000]  Excuse me, we have a threshold issue here before the court
[16:37.000 --> 16:39.000]  Two threshold issues, actually
[16:39.000 --> 16:48.000]  We have the issue of this court not having acquired jurisdiction for lack of due process
[16:48.000 --> 16:53.000]  And we also have the threshold issue of improper venue
[16:53.000 --> 16:56.000]  And he's going to say, I don't care
[16:56.000 --> 16:57.000]  This court has jurisdiction
[16:57.000 --> 17:01.000]  We're going to go ahead and move on
[17:01.000 --> 17:05.000]  That's your opportunity to...
[17:05.000 --> 17:06.000]  I'm sorry
[17:06.000 --> 17:12.000]  That's your opportunity to call the judge on that by asking him
[17:12.000 --> 17:14.000]  On what grounds, Your Honor?
[17:14.000 --> 17:16.000]  Go ahead and memorize that
[17:16.000 --> 17:22.000]  Because that's something that you're going to be trying to hold them accountable
[17:22.000 --> 17:27.000]  Hold the judge accountable every time the judge tries to do something that is...
[17:27.000 --> 17:30.000]  It doesn't line up with the law
[17:30.000 --> 17:34.000]  On what grounds, Your Honor?
[17:34.000 --> 17:38.000]  And, you know, he's going to say, blah, blah, whatever
[17:38.000 --> 17:43.000]  Because I said so, or because, well, that's what kind of court this is and so forth
[17:43.000 --> 17:49.000]  And you say, the defense raises an exception
[17:49.000 --> 17:52.000]  Noted
[17:52.000 --> 17:54.000]  And that's as far as that'll go
[17:54.000 --> 17:59.000]  But what you've done there is you've thrown a flag on the field
[17:59.000 --> 18:00.000]  And he knows it
[18:00.000 --> 18:07.000]  He knows that his judicial error is exposed for the appellate courts to review
[18:07.000 --> 18:13.000]  The appellate courts are only going to review potential judicial error
[18:13.000 --> 18:18.000]  They're not going to hear your case all over again and decide whether or not you were speeding 10 over or 3 over
[18:18.000 --> 18:19.000]  They don't care
[18:19.000 --> 18:22.000]  They're looking at judicial error
[18:22.000 --> 18:25.000]  Did the judge in the lower court do something wrong?
[18:25.000 --> 18:30.000]  So you're bringing these things to light
[18:30.000 --> 18:33.000]  And it's going on the record that way
[18:33.000 --> 18:35.000]  So back to threshold issues
[18:35.000 --> 18:44.000]  We touched on the general jurisdiction not being invoked generally
[18:44.000 --> 18:52.000]  Because the jurisdiction of a certain particular court will hear a certain particular kind of case
[18:52.000 --> 18:59.000]  Has your case been properly commenced according to the law?
[18:59.000 --> 19:10.000]  If so, then the specific jurisdiction for your case has been invoked and the court has acquired or obtained jurisdiction
[19:10.000 --> 19:24.000]  But if it hasn't, if all of the steps that are outlined by the law have not been followed, any one of them got skipped or somebody didn't sign something
[19:24.000 --> 19:33.000]  Or in any way it wasn't completely 100% sufficient, then that court can't hear your case yet
[19:33.000 --> 19:36.000]  Sorry, just can't
[19:36.000 --> 19:40.000]  Now we also talked about venue
[19:40.000 --> 19:47.000]  I think that was during the portion where it cut out and nobody was able to hear so I'm going to go over venue just one more time
[19:47.000 --> 19:53.000]  Venue is the place that's the right court for the right case
[19:53.000 --> 20:04.000]  If you go into a courtroom, you can walk up and down the hallway and you can go into all these different courtrooms and you'll hear them dealing with different kinds of cases
[20:04.000 --> 20:08.000]  So one might be some family law
[20:08.000 --> 20:15.000]  In another situation they may be hearing a criminal case or civil case, somebody suing someone
[20:15.000 --> 20:24.000]  Foreclosures, all these different kinds of subject matters that different courtrooms are dealing with
[20:24.000 --> 20:31.000]  And those are based on which jurisdiction was invoked by the paperwork that they started with
[20:31.000 --> 20:38.000]  So in a criminal case the paperwork is called primary pleadings or initial pleadings
[20:38.000 --> 20:43.000]  And that paperwork has to be proper according to law
[20:43.000 --> 20:50.000]  In Texas it would be a sworn complaint and there has to be, the complaint has to be good
[20:50.000 --> 20:57.000]  And then after that you've got an information or an indictment has to be accompanying that
[20:57.000 --> 21:04.000]  Well usually like I said they've just got citation or nothing maybe
[21:04.000 --> 21:07.000]  And that's not enough to convince a case
[21:07.000 --> 21:15.000]  So how can you possibly know which is the right courtroom for this case to be heard in if the case hasn't even been properly commenced?
[21:15.000 --> 21:20.000]  Every venue is improper for your case
[21:20.000 --> 21:27.000]  If they didn't follow due process to convince a case there is no such thing as a proper venue
[21:27.000 --> 21:33.000]  So wherever they're trying to hold court is an improper venue and you better object to it
[21:33.000 --> 21:41.000]  Hold them accountable, don't let them just get away with it, don't let them bluff and fake a pass
[21:41.000 --> 21:46.000]  Hold them right there at the beginning, say no, no, no, wait, wait, I saw that
[21:46.000 --> 21:51.000]  That's not legit and call them on it right there
[21:51.000 --> 21:59.000]  Now great, if they just go ahead and blow you off they're going to continue to whatever, threaten, contempt of court, do whatever they're going to do
[21:59.000 --> 22:03.000]  That's judicial error and you can hold them accountable for that separately
[22:03.000 --> 22:12.000]  But don't lose your cool and don't allow yourself to be distracted and frustrated and betrayed, feel betrayed
[22:12.000 --> 22:19.000]  Just keep your cool and move on to the next issue
[22:19.000 --> 22:36.000]  Okay, so you've got these two threshold issues, a challenge to the lack of invocation of jurisdiction and objection to improper venue
[22:36.000 --> 22:48.000]  Now both of these lead to, when you raise both of these issues, each one individually and here together, they lead to the same result
[22:48.000 --> 22:58.000]  A motion to dismiss, that's literally the only thing that that court can do when a case comes before the court that that court can't hear
[22:58.000 --> 23:05.000]  All they can do is dismiss for want of jurisdiction
[23:05.000 --> 23:15.000]  They can't ask you to come to another hearing, they can't issue a failure to appear, they can't do anything, nothing
[23:15.000 --> 23:28.000]  Anything they try to do is void, not just voidable, but void from the beginning if they didn't have jurisdiction to deal with this issue
[23:28.000 --> 23:38.000]  Alright, so that's the two primary threshold issues that you would bring
[23:38.000 --> 23:47.000]  Now there are others you could, depending on the fact set, what's going on in your case, but those are two that are just pretty much across the board
[23:47.000 --> 24:04.000]  You'll want to get familiar with your local, your code of criminal procedure in some states and in places, you'll see it's called the criminal procedure or the criminal code
[24:04.000 --> 24:11.000]  And it defines the process that these people have to follow when they want to try to drag you into court
[24:11.000 --> 24:20.000]  And I promise when you start getting familiar with this, you will easily find things that they're skipping, things that they're doing wrong
[24:20.000 --> 24:23.000]  And they may or may not know, because they don't read this
[24:23.000 --> 24:27.000]  If you spend a little bit of time in there, it'll be more than they've spent
[24:27.000 --> 24:37.000]  So go ahead, get familiar with it, find the due process, issues that they're skipping and doing wrong, and hold them accountable
[24:37.000 --> 24:44.000]  Those are, that's a good starting point, we'll come back and discuss some more if nobody's calling in
[24:44.000 --> 25:13.000]  512-646-1984, we'll be right back
[25:13.000 --> 25:15.000]  Hello, I'm glad you asked
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[25:39.000 --> 25:40.000]  Can I use my Amazon Prime?
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[25:41.000 --> 25:42.000]  I mean yes
[25:42.000 --> 25:46.000]  Now giving without doing anything or spending any money, this is perfect
[25:46.000 --> 25:47.000]  Thank you so much
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[25:49.000 --> 26:18.000]  Happy Holidays Logos!
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[27:13.000 --> 27:24.000]  Thank you
[27:24.000 --> 27:50.000]  Thank you
[27:50.000 --> 28:16.000]  Alright, we are back
[28:16.000 --> 28:27.000]  We are talking about what to do in a traffic court, what you do, and when you do it
[28:27.000 --> 28:55.000]  So we talked about threshold issues, we talked about the challenge that's necessary to the jurisdiction of a court being invoked, or in most cases not being invoked when it should have been. They're trying to treat it like it's already a foregone conclusion and pretending that they followed due process and then see if they can just bluff to get you to respond to things and either a plea and all of this.
[28:55.000 --> 29:14.000]  So you're not going to do that. Instead, you've been pulled over, you've got this citation in your hand, you're going to go immediately to that court that says you're supposed to appear in whatever, 10 days, 30 days, they want you to show up.
[29:14.000 --> 29:37.000]  Pay attention if it says on there that you're supposed to appear on or before, or if it just says you're supposed to appear on this day at this time. There's a little difference there, but anyway, regardless, you're going to go there. Just go directly to the court clerk.
[29:37.000 --> 29:49.000]  Don't wait. Go ask that court clerk for a copy of the record. Actually, you can just walk up to the counter and say I'd like to inspect the record because that's free.
[29:49.000 --> 30:08.000]  And she's going to tell you, well, I don't have any record. You just got this ticket? Well, I don't have anything yet. Oh, that's going to come from the police department. This is going to take a while. You know, usually it takes at least a week and they're going to say some reason why they don't have any documents.
[30:08.000 --> 30:28.000]  Well, that's okay because you actually want to get proof, admissible evidence that says out of her mouth that no documents exist. As of such and such a date, such and such a time, there was no warrant.
[30:28.000 --> 30:40.000]  There was no articulable facts had been offered and sworn and a magisterial declaration of probable cause. None of this existed. They didn't have anything.
[30:40.000 --> 30:56.000]  Eventually, they're going to end up with a citation in there, but you've got, when you ask for, oh, ask for certified. You want a certified response from that clerk that says that there's nothing in the record.
[30:56.000 --> 31:10.000]  Or if you want, you can do it the other way around. If you already have your paperwork prepared, you know, maybe you got your ticket and you went ahead, maybe you had to pick up the kids and give them dinner and you're going over the next thing in the morning.
[31:10.000 --> 31:18.000]  You're not going directly there, but you're not going to wait. Please don't wait. Go there as soon as you can, but maybe you're taking your paperwork with you.
[31:18.000 --> 31:28.000]  You already had the evening to type up your challenge to subject matter jurisdiction and your objection to improper venue along with a motion to dismiss.
[31:28.000 --> 31:40.000]  And you're taking that document and you're walking up to the counter and you're asking the court clerk to file this into your case.
[31:40.000 --> 31:52.000]  Well, you know, she's going to try to redirect you. Usually you might get a good one, but typically they try to redirect you into entering a plea as if charges had been properly brought.
[31:52.000 --> 32:04.000]  Let's just skip the part about they never brought any charges and haven't commenced a case. Let's skip that part and go straight to the part where you stand an answer for whatever it is that they haven't charged you with yet.
[32:04.000 --> 32:10.000]  That's what typically is the clerk is going to try to do.
[32:10.000 --> 32:22.000]  Well, just navigate that politely and just don't enter a plea. Tell them, well, I'd actually like to be able to see the charges before I decide I'm going to enter a plea to them.
[32:22.000 --> 32:38.000]  Or you don't want to use the word refuse or anything that looks like you're not cooperating so that they can construe that as refusal because in that case then you're going to have a judge enter, not guilty on your behalf.
[32:38.000 --> 32:49.000]  And they're going to be thinking that they're in there well within their rights to go ahead and set up a trial date and, you know, let's steamroll right ahead.
[32:49.000 --> 32:53.000]  You don't want to give them the impression that you're good with that.
[32:53.000 --> 33:04.000]  Instead, you go in there, you walk up to see the court clerk and, hey, I've got a document to file into this case.
[33:04.000 --> 33:18.000]  Here's my ID. Put your passport on the table or put your whatever you've got for photo ID that is going to satisfy them that they can then turn around and type into their computer system and they'll know how they need to file this.
[33:18.000 --> 33:26.000]  You don't know the number of anything because they haven't commenced the case yet.
[33:26.000 --> 33:33.000]  Let's just contrast this for a moment here. This is really Twilight Zone material.
[33:33.000 --> 33:44.000]  What happens all the time is so far so different from the process that's laid out in the law.
[33:44.000 --> 34:11.000]  What's supposed to happen is you should receive in the mail or hand delivered, you should receive a complaint, you should receive a summons, and if you have been unresponsive, you didn't come when they sent you a summons,
[34:11.000 --> 34:17.000]  then they might say that an arrest warrant is being issued.
[34:17.000 --> 34:25.000]  The magistrate who believes that there is probable cause and who signs the document can make that document be a summons or an arrest warrant.
[34:25.000 --> 34:39.000]  It just means please come if it's a summons and an arrest warrant is directed to some officers to go and find you and get you and drag you to that magistrate because apparently there's a crime that needs to be addressed.
[34:39.000 --> 34:43.000]  You get to have an examining trial in front of the magistrate.
[34:43.000 --> 34:45.000]  At least that's what the law says.
[34:45.000 --> 34:56.000]  Anyway, so we're to the point where you're standing at the counter there at the court clerk.
[34:56.000 --> 35:07.000]  You've gotten there so fast that the paperwork from a cop hasn't gotten there yet and you're asking to see a copy of the case file.
[35:07.000 --> 35:14.000]  And she's going to tell you, well, the only thing that exists in the case file is this document you just now entered.
[35:14.000 --> 35:16.000]  That's all that's in there.
[35:16.000 --> 35:30.000]  Or she might say, well, the only thing in there is this one you just entered and of course the citation, some of them are electronically being submitted and copied in ways that makes it show up really fast.
[35:30.000 --> 35:33.000]  So she's going to say, well, this is all I've got.
[35:33.000 --> 35:34.000]  That's all that's in there.
[35:34.000 --> 35:40.000]  And you say, okay, that's fine. Will you please certify that fact for me?
[35:40.000 --> 35:50.000]  Certification is important and it's usually going to cost you a few bucks because they'll charge you whatever 50 cents or a dollar per page to certify something.
[35:50.000 --> 36:06.000]  But what that does is it gives you something that it's going to be the signature or stamp or official seal of that court clerk saying that she's the keeper of these records.
[36:06.000 --> 36:14.000]  And she's saying that these records don't exist or this one page right here is true, accurate and complete and not misleading.
[36:14.000 --> 36:33.000]  This is the certified copy of the original, which means there cannot possibly be other documents slipped in there later and pretend like that was the reason why they're starting all of this stuff that they actually already started without any authority, right?
[36:33.000 --> 36:36.000]  So it's good to have that.
[36:36.000 --> 36:53.000]  And simultaneously, you have, by showing up over there, you have fulfilled this promise to appear if the promise to appear was on or before.
[36:53.000 --> 37:06.000]  So back to that thing, I was saying that on your citation, it will say, it will either tell you to appear on or before a certain date or it might just give you a certain date and time.
[37:06.000 --> 37:17.000]  If it's giving you the range like on or before, then you've just fulfilled that promise and you don't even have to challenge, hey, this promise was made under duress and coercion.
[37:17.000 --> 37:23.000]  And actually, he committed the crime of securing an execution of a document by deception.
[37:23.000 --> 37:24.000]  Those are all true.
[37:24.000 --> 37:26.000]  And yes, it was criminal.
[37:26.000 --> 37:27.000]  What they did is criminal.
[37:27.000 --> 37:37.000]  They're not supposed to be forging documents, which is effectively what happens when a document is executed under duress and coercion.
[37:37.000 --> 37:55.000]  However, to the extent that you can, it's helpful to be able to separate their accusation against you and distinguish that from what you're saying that they did wrong.
[37:55.000 --> 38:00.000]  And to the extent you can, that's, it's helpful.
[38:00.000 --> 38:04.000]  It'll be helpful for you to keep things straight in your mind.
[38:04.000 --> 38:07.000]  All right.
[38:07.000 --> 38:15.000]  So we're to the point where we've gotten you something from the clerk that says they don't have squat.
[38:15.000 --> 38:16.000]  Now that's great.
[38:16.000 --> 38:17.000]  You just smile and say, thank you.
[38:17.000 --> 38:21.000]  Have a nice afternoon and you're out of there.
[38:21.000 --> 38:28.000]  And other things that you want to file, you can file them in writing, send them in the mail.
[38:28.000 --> 38:34.000]  You can fax it to them, email if that's appropriate service for your local area.
[38:34.000 --> 38:38.000]  You can take a look at what your local rules say.
[38:38.000 --> 38:46.000]  And really, you should be able to send it any way you want, but they do have these rules that bind them and they assume that those rules bind you too.
[38:46.000 --> 38:55.000]  So if you don't want to have an extra layer of hassle, then you can kind of just go along with those expectations to the best of your abilities.
[38:55.000 --> 38:58.000]  It's not too much trouble.
[38:58.000 --> 39:03.000]  For instance, send something in the mail.
[39:03.000 --> 39:05.000]  All right.
[39:05.000 --> 39:07.000]  We're having some trouble with the caller board.
[39:07.000 --> 39:12.000]  I've just been informed that our phone provider is down.
[39:12.000 --> 39:16.000]  Apparently they're having some kind of cybersecurity attacks.
[39:16.000 --> 39:22.000]  And unfortunately, that is why if you're trying to call in, that's why you're unable to do so.
[39:22.000 --> 39:26.000]  I apologize. I don't know if we're going to have that back up or not.
[39:26.000 --> 39:29.000]  I may just continue on this track here.
[39:29.000 --> 39:35.000]  We're going to continue to talk about traffic court and move into discovery requests after we come back from our sponsors.
[39:35.000 --> 40:00.000]  All right. We will be right back.
[40:00.000 --> 40:09.000]  First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes.
[40:09.000 --> 40:19.000]  Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before.
[40:19.000 --> 40:24.000]  Bibles for America would like to give you a free recovery version simply for the asking.
[40:24.000 --> 40:34.000]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[40:34.000 --> 40:41.000]  or by ordering online at freestudybible.com. That's freestudybible.com.
[40:41.000 --> 40:51.000]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[40:51.000 --> 40:57.000]  The following news flash is brought to you by the Lowstar Lowdown.
[40:57.000 --> 41:08.000]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce,
[41:08.000 --> 41:22.000]  oil Texas crude $55.63 a barrel, Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26,
[41:22.000 --> 41:36.000]  XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[41:36.000 --> 41:45.000]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated on Market Street in San Francisco
[41:45.000 --> 41:50.000]  during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[41:50.000 --> 42:02.000]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing heaven attacks his law back in June,
[42:02.000 --> 42:08.000]  the county prosecutors around the state including Houston, Austin, and San Antonio have been dropping marijuana possession charges
[42:08.000 --> 42:15.000]  and even refusing to file new ones since they are stipulating that they do not have the time or the laboratory equipment to test the earth for THC.
[42:15.000 --> 42:24.000]  Margaret Moore, the Travis County District Attorney announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[42:24.000 --> 42:33.000]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas
[42:33.000 --> 42:42.000]  and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities too, like the district attorney.
[42:42.000 --> 42:52.000]  In El Paso, Caima Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[42:52.000 --> 42:59.000]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote,
[42:59.000 --> 43:04.000]  the law is constantly changing on what makes something illegal based on its chemical makeup.
[43:04.000 --> 43:13.000]  It's important that if someone is charged with something, the test matches what they're charged with.
[43:13.000 --> 43:18.000]  A paper by Tulane University identified a five and a half inch American pocket shark.
[43:18.000 --> 43:30.000]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[43:30.000 --> 43:36.000]  According to the university paper, the shark secretes a luminous fluid from a gland near its front fins.
[43:36.000 --> 43:44.000]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[43:44.000 --> 43:50.000]  This is Luke Rody with your lowdown for July 22, 2019.
[44:14.000 --> 44:21.000]  All right, we are back.
[44:21.000 --> 44:31.000]  Rue LeBlanc Radio, Randy Kelton, I'm Brett Fountain, and this is Thursday, the 23rd of September, 2021.
[44:31.000 --> 44:37.000]  We're talking about what to do in traffic court and when.
[44:37.000 --> 44:47.000]  So we've just covered how to, we've covered jurisdiction and how to challenge it.
[44:47.000 --> 44:55.000]  And we've covered venue and how venue is improper until jurisdiction is proper.
[44:55.000 --> 44:59.000]  You can only figure out venue based on jurisdiction.
[44:59.000 --> 45:08.000]  And so we've talked about how to challenge that with an objection and then to follow that up with a motion to dismiss.
[45:08.000 --> 45:23.000]  And we've talked about how to go to the court clerk and get your, get some proof in your hot little hand that they didn't follow due process.
[45:23.000 --> 45:30.000]  So that sets them up for a lot of embarrassing moments around the water cooler in the future.
[45:30.000 --> 45:37.000]  If they want to continue to try to steamroll you, it's just going to get more and more embarrassing for them.
[45:37.000 --> 45:50.000]  All right, so one thing I didn't touch on yet is with motions, you need to make sure that you put your motion on for hearing.
[45:50.000 --> 45:54.000]  This is something I wish I had known years ago.
[45:54.000 --> 46:00.000]  You're going to put in a motion or an objection and you're going to expect.
[46:00.000 --> 46:08.000]  Well, if you were like me, you would expect that the judge is going to read this and he's going to say, oh my goodness.
[46:08.000 --> 46:11.000]  This boy's got the facts in the law on his side.
[46:11.000 --> 46:15.000]  I better do something for justice here.
[46:15.000 --> 46:17.000]  He's not going to do anything like that.
[46:17.000 --> 46:18.000]  He's not even going to read it.
[46:18.000 --> 46:25.000]  And actually, it wouldn't be right for him to read it and make a decision outside of a court hearing.
[46:25.000 --> 46:34.000]  Because what would really be proper is for the other side to be able to weigh in on whatever it is I'm telling the judge.
[46:34.000 --> 46:38.000]  Right, we would want that if it's the other side.
[46:38.000 --> 46:45.000]  We would want to be able to weigh in on what's being decided.
[46:45.000 --> 46:51.000]  So really, there needs to be a hearing and I didn't know this for the longest time.
[46:51.000 --> 46:55.000]  I send in a motion and I, man, they just ignored my motion.
[46:55.000 --> 46:57.000]  You know, I spent three nights working on that thing.
[46:57.000 --> 46:58.000]  I got it perfect.
[46:58.000 --> 47:00.000]  It's an amazing, awesome motion.
[47:00.000 --> 47:05.000]  I've got laws out the wazoo and they just ignored it.
[47:05.000 --> 47:10.000]  Well, I didn't know to put the motion on for hearing.
[47:10.000 --> 47:17.000]  So what you do, you just call up to the court coordinator or the court administrator.
[47:17.000 --> 47:23.000]  There will be somebody who is managing the scheduling for the judge in that court.
[47:23.000 --> 47:25.000]  There are multiple judges.
[47:25.000 --> 47:31.000]  There's someone who's handling the schedule and you just call up there and you say, hey, I've got case number or such and such.
[47:31.000 --> 47:33.000]  I've got a motion that needs to be heard.
[47:33.000 --> 47:35.000]  When do you do your motion hearings?
[47:35.000 --> 47:38.000]  Oh, those are every Tuesday mornings and every Thursday afternoons.
[47:38.000 --> 47:45.000]  Whatever they say for whatever the court that is, they'll tell you what it's going to be and you say, hey, can we set that up for the 11th?
[47:45.000 --> 47:47.000]  I'll send out the notice to the opposing party.
[47:47.000 --> 47:49.000]  Can we schedule that?
[47:49.000 --> 47:50.000]  Sure.
[47:50.000 --> 47:51.000]  We can set it up for the 11th.
[47:51.000 --> 47:52.000]  All right.
[47:52.000 --> 47:53.000]  Great.
[47:53.000 --> 47:54.000]  Thanks.
[47:54.000 --> 47:55.000]  I'll send out the notices.
[47:55.000 --> 47:58.000]  That's all it takes.
[47:58.000 --> 48:05.000]  Then you can fire an email over to the prosecutor or just tell them that there's a motions hearing set up.
[48:05.000 --> 48:11.000]  Or you could do a more formal way and make a big notice title across the top, notice of hearing.
[48:11.000 --> 48:13.000]  I usually don't care about that.
[48:13.000 --> 48:14.000]  Let them figure it out.
[48:14.000 --> 48:20.000]  They probably already know anyway because these lawyers, they work in that office and they have a bead.
[48:20.000 --> 48:22.000]  They're using the same system there.
[48:22.000 --> 48:25.000]  They know what's coming up.
[48:25.000 --> 48:31.000]  Anyway, I'll go ahead and send a notice just to let them know that a hearing is scheduled.
[48:31.000 --> 48:37.000]  And at that point, that's when your motion to dismiss will be heard.
[48:37.000 --> 48:43.000]  It's not exactly that your challenge to subject matter jurisdiction is going to be heard because that's not something a judge can rule on.
[48:43.000 --> 48:53.000]  All that does is invoke the judge's duty to prove that his jurisdiction has been invoked.
[48:53.000 --> 48:56.000]  He has to prove that the court acquired jurisdiction.
[48:56.000 --> 48:57.000]  It invokes his duty.
[48:57.000 --> 48:59.000]  It's not something he can rule on.
[48:59.000 --> 49:07.000]  He can't look at your challenge to jurisdictional challenge and say, well, I'm pretty sure we've got jurisdiction.
[49:07.000 --> 49:09.000]  But here's what he's pretty sure about.
[49:09.000 --> 49:11.000]  That's not something for him to rule on.
[49:11.000 --> 49:18.000]  By challenging it, you just put him in a position where he has to prove it.
[49:18.000 --> 49:26.000]  If he doesn't prove it, he doesn't have it because of your challenge.
[49:26.000 --> 49:31.000]  Now, the objection to improper venue is different.
[49:31.000 --> 49:33.000]  Judges can rule on objections.
[49:33.000 --> 49:35.000]  They hear it.
[49:35.000 --> 49:43.000]  They take a look at what grounds you've provided for your objection and they can make a decision, otherwise known as a ruling.
[49:43.000 --> 49:49.000]  And the judge will decide that your objection is overruled.
[49:49.000 --> 49:50.000]  That's okay.
[49:50.000 --> 49:52.000]  It's not right.
[49:52.000 --> 49:55.000]  But you just don't lose your cool.
[49:55.000 --> 49:59.000]  Let's say, on what grounds, Your Honor?
[49:59.000 --> 50:04.000]  Now the judge has to answer why he just ruled the way he did.
[50:04.000 --> 50:09.000]  Why did he throw out your objection?
[50:09.000 --> 50:24.000]  In other words, if you have objected to improper venue and you gave grounds why your objection was needed and appropriate,
[50:24.000 --> 50:33.000]  then when he overrules your objection, he's essentially saying that the venue is proper.
[50:33.000 --> 50:41.000]  So when you're asking him the same thing you ask every time that the judge rules in a way that's inappropriate,
[50:41.000 --> 50:54.000]  you say, on what grounds, Your Honor? And that triggers him to need to answer you as to why he just declared this venue proper.
[50:54.000 --> 50:55.000]  All right?
[50:55.000 --> 51:09.000]  So no matter what you do in the courtroom, there are going to be times when you just have a gut feel that, hey, that's not right.
[51:09.000 --> 51:19.000]  Let me just suggest to you a little detour here for a moment and suggest to you that you get familiar,
[51:19.000 --> 51:26.000]  even if your deadline is looming and you feel like, oh my goodness, I've got to show up.
[51:26.000 --> 51:34.000]  They're telling me I have to have a hearing on whatever day and here it comes and I don't know what to do and I'm scared.
[51:34.000 --> 51:39.000]  Go and sit in the courtroom and watch what's going on.
[51:39.000 --> 51:42.000]  Just go be a court watcher.
[51:42.000 --> 51:44.000]  Somebody asks you why you're there.
[51:44.000 --> 51:49.000]  They probably won't, but if they do, I'm just here as a court watcher.
[51:49.000 --> 51:59.000]  You go in there and you watch how this judge interacts with people and every time if you see that, hey, that doesn't seem right,
[51:59.000 --> 52:06.000]  that judge just asked the defendant if they would waive all of their rights.
[52:06.000 --> 52:08.000]  I can't be right.
[52:08.000 --> 52:09.000]  Well, you're right.
[52:09.000 --> 52:10.000]  That's wrong.
[52:10.000 --> 52:11.000]  They shouldn't do that.
[52:11.000 --> 52:13.000]  I've actually seen them do that.
[52:13.000 --> 52:15.000]  Blew my mind.
[52:15.000 --> 52:17.000]  How could a judge say such words?
[52:17.000 --> 52:20.000]  How could that even come out of his mouth?
[52:20.000 --> 52:31.000]  And how can the lawyer standing right beside the confused defendant tell the judge, yes, he does waive all of his rights, Your Honor?
[52:31.000 --> 52:33.000]  Yep.
[52:33.000 --> 52:38.000]  So you'll hear things that just seem wrong and I can note of it.
[52:38.000 --> 52:39.000]  The judge said this.
[52:39.000 --> 52:40.000]  I don't think that's right.
[52:40.000 --> 52:45.000]  You're going to go home and you're going to look it up and you're going to find out why, wow, that isn't right.
[52:45.000 --> 52:46.000]  I knew it.
[52:46.000 --> 52:56.000]  And then you're going to hold that judge accountable, you're going to file a criminal complaint against the judge or you're going to file a judicial misconduct complaint against the judge.
[52:56.000 --> 53:03.000]  Or you're going to file a bar grievance against the attorney who didn't hold the judge accountable to follow the law.
[53:03.000 --> 53:05.000]  Or all three.
[53:05.000 --> 53:07.000]  You can file a criminal complaint against the attorney too.
[53:07.000 --> 53:08.000]  That makes four.
[53:08.000 --> 53:16.000]  You can go file a bar grievance against the attorney's boss for letting the attorney run amuck committing crimes and doing all this misconduct.
[53:16.000 --> 53:21.000]  So there's five and the number increases.
[53:21.000 --> 53:32.000]  That's just for one, just one thing of one action or inaction that you look at and you say, wow, that doesn't seem right.
[53:32.000 --> 53:34.000]  Anyway, go be a court watcher.
[53:34.000 --> 53:41.000]  I highly encourage everyone to make an effort to just go and watch.
[53:41.000 --> 53:50.000]  Especially if you know somebody who is having, they're going to be in the case, they're being called into the courtroom for something.
[53:50.000 --> 53:59.000]  You know this person or the friend of yours or an acquaintance and just go in there and sit and watch.
[53:59.000 --> 54:05.000]  And you'll see they're going to mess up something and you get to call them on it.
[54:05.000 --> 54:18.000]  If this happens to be the same courtroom where you later are going to appear and you're so scared you don't know what's going to happen with your own case and you feel the weight of the world on your shoulders.
[54:18.000 --> 54:28.000]  If you have previously filed a criminal complaint against that judge or judicial misconduct complaint, then that judge can't hear your case.
[54:28.000 --> 54:30.000]  He's going to be biased against you.
[54:30.000 --> 54:33.000]  And so he can't be fair and impartial.
[54:33.000 --> 54:36.000]  You filed felony criminal complaint.
[54:36.000 --> 54:40.000]  You're a potential witness to testify against him.
[54:40.000 --> 54:43.000]  He can't preside over your case.
[54:43.000 --> 54:45.000]  You're charged in with a felony.
[54:45.000 --> 54:46.000]  What's he going to do?
[54:46.000 --> 54:50.000]  Go in there and see if he can figure out whether or not you're guilty of speeding?
[54:50.000 --> 54:51.000]  Can't.
[54:51.000 --> 54:55.000]  He's going to have to be disqualified for bias.
[54:55.000 --> 55:00.000]  So that's another, let's say, a side benefit.
[55:00.000 --> 55:04.000]  Anyway, that was a little detour to talk about being a court watcher.
[55:04.000 --> 55:08.000]  When we come back, oh, actually, we've got a couple more minutes.
[55:08.000 --> 55:17.000]  So the next thing that I think would be good to address here is affidavits.
[55:17.000 --> 55:26.000]  Whatever you've been accused of doing, once you can finally get your hands on some legitimate charges.
[55:26.000 --> 55:36.000]  So let's say they charge you with a violation of the Texas Penal Code ABC.123 subsection B.
[55:36.000 --> 55:40.000]  And you go look that up.
[55:40.000 --> 55:42.000]  Don't just take no worry for it.
[55:42.000 --> 55:44.000]  Go look it up.
[55:44.000 --> 55:46.000]  Read it.
[55:46.000 --> 55:51.000]  Ask yourself, is this what I did?
[55:51.000 --> 55:56.000]  And it'll have some several elements of whatever it is they're accusing you of.
[55:56.000 --> 56:02.000]  If a person does X, Y, and Z while holding this and that and under color of law,
[56:02.000 --> 56:12.000]  and you can look at that and you can say, hmm, well, I did X, but this Y and Z are completely inapplicable.
[56:12.000 --> 56:16.000]  They don't fit the situation. That's not what I did.
[56:16.000 --> 56:21.000]  So you don't have to wait until you're in front of a jury to start arguing these things.
[56:21.000 --> 56:29.000]  You can go ahead and write it down in an affidavit and you can deny that Y and Z happened.
[56:29.000 --> 56:33.000]  Make a couple of bullet points for them.
[56:33.000 --> 56:41.000]  An affidavit doesn't do anything all by itself, but when you put it into the court case, that becomes admissible evidence.
[56:41.000 --> 56:54.000]  That's something that you, because you have firsthand personal knowledge of these assertions or denials that are in your affidavit,
[56:54.000 --> 56:59.000]  you can introduce that as evidence in the court case.
[56:59.000 --> 57:04.000]  So when somebody comes and tries to tell you that you were doing whatever, speeding, whatever's the thing,
[57:04.000 --> 57:12.000]  you go look it up, you find what the definition of it is. In Texas, there's not one.
[57:12.000 --> 57:15.000]  Surprise, surprise.
[57:15.000 --> 57:27.000]  But whatever it is that you were accused of, you've got to go look it up and read the definition and find at least one element that you can negate.
[57:27.000 --> 57:35.000]  When you negate it, you've destroyed their entire case against you with your simple affidavit.
[57:35.000 --> 57:43.000]  Then they can no longer charge you because their charges are based on I have reason to believe and I do believe your affidavit is stronger evidence.
[57:43.000 --> 57:45.000]  It's firsthand personal knowledge.
[57:45.000 --> 57:48.000]  All right, we'll continue with some more of that after our sponsors.
[57:48.000 --> 57:58.000]  We'll be right back.
[58:18.000 --> 58:25.000]  Thanks for both verse by verse Bible studies and topical Bible studies designed to provoke unto love and good works.
[58:25.000 --> 58:31.000]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[58:31.000 --> 58:39.000]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian character development.
[58:39.000 --> 58:51.000]  Mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the scriptures.
[58:51.000 --> 59:02.000]  It's the 2019 LogosRadio Network annual fundraiser and gun giveaway sponsored by Central Texas Gun Works.
[59:02.000 --> 59:09.000]  Go to LogosRadioNetwork.com and enter to win. Any amount is appreciated. Everything helps to keep us on the air.
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[59:15.000 --> 59:21.000]  More prizes and sponsors to be announced. Every $25 donation is a chance to win.
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[01:00:00.000 --> 01:00:24.320]  Alright, we are back, rule of law radio, Randy Kelton, I'm Brett Fountain, and we're talking
[01:00:24.320 --> 01:00:29.320]  about how to deal with traffic court, we're about to move into some discovery requests
[01:00:29.320 --> 01:00:33.160]  and how to deal with discovery.
[01:00:33.160 --> 01:00:40.840]  Before we get into that, there's one other thing I would want to bring up about dealing
[01:00:40.840 --> 01:00:49.560]  with the court, judicial notice.
[01:00:49.560 --> 01:00:52.920]  When you give notice of something, it can be noticed to anybody.
[01:00:52.920 --> 01:00:58.920]  Judicial notice is something that's a fact, and you're filing this into the court case,
[01:00:58.920 --> 01:01:04.520]  and you're highlighting to the judge some certain fact that something happened or didn't
[01:01:04.520 --> 01:01:05.800]  happen or doesn't exist.
[01:01:05.800 --> 01:01:12.120]  It's not something where you try to convince the judge of, this law doesn't apply to me
[01:01:12.120 --> 01:01:17.840]  because whatever, you're not bringing arguments before the court, you're highlighting a very
[01:01:17.840 --> 01:01:19.340]  simple fact.
[01:01:19.340 --> 01:01:27.160]  So it's similar to an affidavit in that your affidavit is going to be full of, well at
[01:01:27.160 --> 01:01:34.760]  least one bullet point, it's going to be having assertions or denials of statement
[01:01:34.760 --> 01:01:40.680]  of fact, but this judicial notice is where you would highlight to the judge something
[01:01:40.680 --> 01:01:48.280]  simple that, for example, you would give judicial notice of the fact that no examining trial
[01:01:48.280 --> 01:01:53.480]  has occurred yet for a determination of probable cause.
[01:01:53.480 --> 01:02:00.000]  Or you could give judicial notice of the obvious fact that no sworn complaint exists in the
[01:02:00.000 --> 01:02:01.560]  official court record.
[01:02:01.560 --> 01:02:09.920]  See, you're not arguing anything, you're just highlighting that, hey, there's no paperwork
[01:02:09.920 --> 01:02:10.920]  over here.
[01:02:10.920 --> 01:02:14.960]  You guys are trying to convince the case without any paperwork.
[01:02:14.960 --> 01:02:19.120]  You're not actually saying all of this, but you're just pointing out the fact that it
[01:02:19.120 --> 01:02:21.560]  does not exist.
[01:02:21.560 --> 01:02:31.800]  Okay, now one thing I like to do, and this is, maybe this is just to me, but I like to
[01:02:31.800 --> 01:02:41.120]  ask questions that I have a right to the answer, but they don't want to give it to me.
[01:02:41.120 --> 01:02:45.760]  Something like, what's your boss's email address?
[01:02:45.760 --> 01:02:54.320]  Or they don't like to hear questions like this, or what is the facts number where I can send
[01:02:54.320 --> 01:02:57.160]  my motions and pleadings?
[01:02:57.160 --> 01:02:59.000]  And of course, are you an attorney?
[01:02:59.000 --> 01:03:03.880]  We can only get, no, you're not an attorney, we can't give that to you.
[01:03:03.880 --> 01:03:08.680]  Something like that, they don't want to give you information that you absolutely have a
[01:03:08.680 --> 01:03:09.680]  right to.
[01:03:09.680 --> 01:03:15.920]  I bought that fax machine for you, dude, but you don't have to argue with him at all.
[01:03:15.920 --> 01:03:25.080]  Don't start stuff that's sidetracking you, instead, you've recorded this, right?
[01:03:25.080 --> 01:03:30.680]  You've got your audio stuff with you, you've recorded this, and you've got proof now that
[01:03:30.680 --> 01:03:33.680]  that person just committed a crime.
[01:03:33.680 --> 01:03:40.880]  So that gives you something to charge that judge with.
[01:03:40.880 --> 01:03:46.120]  Hey, he didn't trade his people properly to follow the law, they're not even responding
[01:03:46.120 --> 01:03:47.760]  right to record requests.
[01:03:47.760 --> 01:03:49.920]  I ask for the fax number, they won't give it to me.
[01:03:49.920 --> 01:03:55.160]  I ask for this head clerk's email, and they won't budge.
[01:03:55.160 --> 01:03:59.480]  They're trying to keep that hidden from me, I'm the one that bought him that email, and
[01:03:59.480 --> 01:04:02.160]  so forth.
[01:04:02.160 --> 01:04:09.040]  By giving them an opportunity like that, as Randy says, step over one of your legal lines,
[01:04:09.040 --> 01:04:15.200]  you give them that opportunity to do that, and you'll find they're very accommodating.
[01:04:15.200 --> 01:04:22.240]  They will give you plenty to work with if you're looking to hold them accountable.
[01:04:22.240 --> 01:04:31.280]  So one other thing, you might take a look in Texas, we have this, I don't know which
[01:04:31.280 --> 01:04:36.000]  states have it and which don't, but there's a motion to show authority.
[01:04:36.000 --> 01:04:42.280]  If you believe that the opposing side is, they've got some lawyer that's trying to do
[01:04:42.280 --> 01:04:48.240]  something and they don't have authority to do it, then you swear that you believe that
[01:04:48.240 --> 01:04:56.400]  they don't have authority, and now stop the presses, put the brakes on, nothing can go
[01:04:56.400 --> 01:05:02.320]  forward until that attorney proves that he has authority.
[01:05:02.320 --> 01:05:07.880]  Well, how in the world is an attorney going to prove he has authority?
[01:05:07.880 --> 01:05:13.040]  They try to waive their bar cards, and they try to say, well, I'm a properly, whatever,
[01:05:13.040 --> 01:05:17.480]  certified license to whatever, blah, blah, bar card number, blah, blah, blah, but that
[01:05:17.480 --> 01:05:21.200]  doesn't say that he has authority in this case.
[01:05:21.200 --> 01:05:24.440]  He just says he's a club member.
[01:05:24.440 --> 01:05:32.440]  So if you want to show, if you want to make the attorney show that he has authority, you
[01:05:32.440 --> 01:05:39.280]  swear out a motion that says that a motion to show authority.
[01:05:39.280 --> 01:05:50.000]  All right, let's see, we've covered jurisdiction, venue, threshold issues, we've dealt with
[01:05:50.000 --> 01:05:54.320]  motions and the fact that you have to put motions on for hearing.
[01:05:54.320 --> 01:05:57.080]  Let's go ahead to discovery.
[01:05:57.080 --> 01:06:02.400]  Let's say that they did everything right, and they properly commenced the case, they've
[01:06:02.400 --> 01:06:08.440]  got a sworn complaint, they've got an indictment, everything's proper, they gave you an examining
[01:06:08.440 --> 01:06:11.480]  trial, everything's great up to this point.
[01:06:11.480 --> 01:06:17.040]  Now they've got a case, and they're going to go ahead and set a date for the case when
[01:06:17.040 --> 01:06:21.200]  this is going to be heard, there's going to be a trial date, well, in between here and
[01:06:21.200 --> 01:06:27.600]  there, you've got a discovery period, where you get to find out, as the defendant, you
[01:06:27.600 --> 01:06:32.760]  get to say, show me all your cards.
[01:06:32.760 --> 01:06:40.120]  You get to get all of the evidence that they say that they're going to have against you.
[01:06:40.120 --> 01:06:46.160]  Actually, there are some restrictions on that, but just let's, for the most part, you get
[01:06:46.160 --> 01:06:53.800]  to see everything that is going to be used against you, as a defendant.
[01:06:53.800 --> 01:06:59.080]  So there are different kinds of discovery, you've got production, which means they need
[01:06:59.080 --> 01:07:07.040]  to produce something, disclosure, means they need to disclose something to you.
[01:07:07.040 --> 01:07:14.920]  You've got interrogatories, which means you get to ask questions, and they have to answer
[01:07:14.920 --> 01:07:17.240]  these questions.
[01:07:17.240 --> 01:07:23.440]  Kind of like deposition on paper, you've got, you've heard of deposition where somebody
[01:07:23.440 --> 01:07:28.240]  gets deposed, they get dragged into some room where everything's recorded, and they get
[01:07:28.240 --> 01:07:32.720]  sworn in, hold up your right hand, you swear to tell the truth, the whole truth, nothing
[01:07:32.720 --> 01:07:34.600]  but the truth.
[01:07:34.600 --> 01:07:39.000]  So this is a paper version of that.
[01:07:39.000 --> 01:07:47.120]  You get to ask them interrogatories, these questions are pointed questions that I suggest
[01:07:47.120 --> 01:07:52.400]  you use each one, you don't get an unlimited number, you might take a look at your local
[01:07:52.400 --> 01:07:59.320]  rules and see if you get 25 or 15 or what, but you, each one of these questions should
[01:07:59.320 --> 01:08:08.760]  be laid out in a way that you calculate that the response is going to help you have some
[01:08:08.760 --> 01:08:17.120]  evidence that will get you off the hook or will, it'll show you to be innocent or it'll
[01:08:17.120 --> 01:08:21.040]  mitigate the guilt, all right?
[01:08:21.040 --> 01:08:38.880]  So let's take, ideally it would be really great if you can lay them out in a way that
[01:08:38.880 --> 01:08:45.920]  when the lawyer reads this, the lawyer is either going to throw himself under the bus
[01:08:45.920 --> 01:08:54.320]  or he's going to throw his client under the bus, and that's ideal, and the best way to
[01:08:54.320 --> 01:08:57.400]  do that is with admissions.
[01:08:57.400 --> 01:09:05.520]  Admissions is another kind of discovery, a method of discovery, and you are, again,
[01:09:05.520 --> 01:09:12.240]  seeking evidence, exculpatory evidence, evidence that's proving you to be, that's getting
[01:09:12.240 --> 01:09:24.480]  rid of your guilt, all right, and this admissions is one kind of discovery, and admissions
[01:09:24.480 --> 01:09:32.400]  means you're going to make a statement that is something factual and they either need
[01:09:32.400 --> 01:09:39.480]  to admit or deny this statement that you're making.
[01:09:39.480 --> 01:09:44.240]  For example, if you're going to challenge the officer's authority to even bother you
[01:09:44.240 --> 01:09:52.040]  in the first place because he is not a county traffic officer who he was supposed to be
[01:09:52.040 --> 01:09:58.040]  riding a motorcycle, according to the law, the county can have up to five traffic officers
[01:09:58.040 --> 01:10:02.040]  and they have to ride motorcycles and they have to be paid from the county's budget,
[01:10:02.040 --> 01:10:09.320]  not from some municipality, so if you're going to challenge his authority to even bother
[01:10:09.320 --> 01:10:15.480]  you because he pulled up behind you in a big old giant SUV and not on a motorcycle, so
[01:10:15.480 --> 01:10:21.520]  in that situation you would make a statement in your discovery request for admissions,
[01:10:21.520 --> 01:10:31.440]  you make a statement that on such and such a day officer Robles was riding, he was not
[01:10:31.440 --> 01:10:36.160]  riding in a motorcycle, riding on a motorcycle, so you make that statement and they have to
[01:10:36.160 --> 01:10:45.280]  either admit that or deny it, so if they admit that then they're undercutting the officer's
[01:10:45.280 --> 01:10:46.280]  authority to enforce.
[01:10:46.280 --> 01:10:53.840]  All right, we'll talk some more about discovery when we come back.
[01:10:53.840 --> 01:10:59.760]  Reality TV, sugar, obesity, jet lag, the list of things that make us dumber just keeps
[01:10:59.760 --> 01:11:03.880]  on growing, but now researchers say we can add stress to the list.
[01:11:03.880 --> 01:11:08.000]  I'm Dr. Catherine Albrecht, back with details in a moment.
[01:11:08.000 --> 01:11:09.720]  Privacy is under attack.
[01:11:09.720 --> 01:11:14.120]  When you give up data about yourself, you'll never get it back again and once your privacy
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[01:11:18.320 --> 01:11:23.600]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:11:23.600 --> 01:11:26.080]  Privacy, it's worth hanging on to.
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[01:12:22.280 --> 01:12:27.640]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:12:27.640 --> 01:12:29.800]  The government says that fire brought it down.
[01:12:29.800 --> 01:12:34.720]  Over 1,500 architects and engineers have concluded it was a controlled demolition.
[01:12:34.720 --> 01:12:38.720]  Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:12:38.720 --> 01:12:40.160]  force responders are dying.
[01:12:40.160 --> 01:12:44.000]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction office,
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[01:12:53.720 --> 01:12:56.720]  Rule of Law Radio is proud to offer the Rule of Law Traffic Center.
[01:12:56.720 --> 01:13:00.440]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[01:13:00.440 --> 01:13:04.000]  to have a free society, then we're going to have to stand and defend our own rights.
[01:13:04.000 --> 01:13:07.400]  Among those rights are the right to travel freely from place to place, the right to
[01:13:07.400 --> 01:13:11.600]  act in our own private capacity, and most importantly, the right to due process of law.
[01:13:11.600 --> 01:13:15.520]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[01:13:15.520 --> 01:13:17.360]  our rights through due process.
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[01:13:20.840 --> 01:13:24.600]  most comprehensive teaching tool available that will help you understand what due process
[01:13:24.600 --> 01:13:26.960]  is and how to hold courts to the Rule of Law.
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[01:14:20.360 --> 01:14:45.360]  Okay, we are back, Rule of Law Radio, Randy Kelton, I'm Brad Fountain, and we've been
[01:14:45.360 --> 01:14:46.640]  talking about what you can do in a traffic court case.
[01:14:46.640 --> 01:14:51.760]  We're using traffic court as an example because a lot of times that's where people have their
[01:14:51.760 --> 01:14:58.920]  first and most frequent interaction with court officials and even really all of these public
[01:14:58.920 --> 01:15:04.760]  officials, the police, it's very common that people end up with, you know, they don't have
[01:15:04.760 --> 01:15:07.240]  any interaction until it's traffic related.
[01:15:07.240 --> 01:15:13.200]  So we're dealing with as an example, you've been accused of a crime and it's so terrible
[01:15:13.200 --> 01:15:20.400]  and now you feel bad and you've got jail time hanging over your head, you've got hundreds
[01:15:20.400 --> 01:15:25.440]  of dollars of fines and it feels really heavy and you don't know how to deal with it.
[01:15:25.440 --> 01:15:32.200]  We've just been covering that in this past hour and a half and we're also talking about
[01:15:32.200 --> 01:15:42.160]  discovery in the nearly imaginary scenario where court cases properly commenced and they
[01:15:42.160 --> 01:15:47.320]  followed due process and they have all the right paperwork submitted to the proper places
[01:15:47.320 --> 01:15:50.960]  by authorized individuals and everything was done right.
[01:15:50.960 --> 01:15:53.920]  Wow, that's really rare.
[01:15:53.920 --> 01:16:01.680]  But let's say that they have a case and you're doing discovery.
[01:16:01.680 --> 01:16:07.600]  So we've talked about just hitting the high points of these different kinds of discovery
[01:16:07.600 --> 01:16:19.520]  and now just especially about admissions, I'd like to just highlight the order in which
[01:16:19.520 --> 01:16:25.440]  you're requesting these different kinds of discovery can make a difference for you.
[01:16:25.440 --> 01:16:31.440]  You have a limited number of admissions you can make and by admissions I mean a discovery
[01:16:31.440 --> 01:16:32.880]  request for admissions.
[01:16:32.880 --> 01:16:38.840]  It's a document that you write, you make some statements and you ask the other side to agree
[01:16:38.840 --> 01:16:42.760]  with you and there's a limited number of these.
[01:16:42.760 --> 01:16:44.480]  You can't just write pages and pages.
[01:16:44.480 --> 01:16:50.800]  One time I submitted one that had like I think 107 statements, man, I was on a roll.
[01:16:50.800 --> 01:16:57.360]  I could beat them up with all of these and then come to find out that, oh, I can only
[01:16:57.360 --> 01:16:58.360]  submit.
[01:16:58.360 --> 01:17:08.400]  It was either 15 or 25 and I think 25, I forget which one, interrogatory is limited, admissions
[01:17:08.400 --> 01:17:09.400]  is limited.
[01:17:09.400 --> 01:17:14.960]  You need to take a look at your local rules anyway to see how many you get.
[01:17:14.960 --> 01:17:17.600]  But use them wisely.
[01:17:17.600 --> 01:17:23.760]  Don't just go throwing statements out there that will maybe make you feel emotionally
[01:17:23.760 --> 01:17:24.760]  satisfied.
[01:17:24.760 --> 01:17:27.640]  Got them on that one.
[01:17:27.640 --> 01:17:36.200]  Ideally look for ways to phrase things that in your, if they admit it, their case against
[01:17:36.200 --> 01:17:40.560]  you is decimated.
[01:17:40.560 --> 01:17:48.560]  You want as soon as they answer that they admit the truth, they don't have a case against
[01:17:48.560 --> 01:17:49.560]  you anymore.
[01:17:49.560 --> 01:17:53.120]  That's the way you want to word it.
[01:17:53.120 --> 01:18:01.640]  Ideally, you can also, if you can artfully, surgically set this up so that it's worded
[01:18:01.640 --> 01:18:07.440]  in a way based on your fact set, you know, whatever it is in your situation.
[01:18:07.440 --> 01:18:14.440]  But if you word it in a way that the attorney, let's say the prosecuting attorney has to
[01:18:14.440 --> 01:18:20.720]  either throw the accuser or the cop under the bus or he's throwing himself under the
[01:18:20.720 --> 01:18:23.720]  bus if he denies.
[01:18:23.720 --> 01:18:34.800]  For example, you could say in one of your statements that you're asking them to admit,
[01:18:34.800 --> 01:18:47.880]  you could say, please admit that you have given all of the proper training to this officer
[01:18:47.880 --> 01:18:54.800]  regarding the boundaries of his authority.
[01:18:54.800 --> 01:19:03.680]  And if he says admit, then he's, he's saying he did his training job properly, therefore
[01:19:03.680 --> 01:19:09.200]  the cop knows that he was outside the bounds of his authority.
[01:19:09.200 --> 01:19:17.320]  Or if he says deny, well, he wouldn't say deny, that would protect the cop.
[01:19:17.320 --> 01:19:21.000]  The cop didn't get the training, but then he's throwing himself under the bus to say,
[01:19:21.000 --> 01:19:27.320]  I didn't give the proper training while the attorney in his right mind is going to do
[01:19:27.320 --> 01:19:28.320]  that.
[01:19:28.320 --> 01:19:31.440]  Honestly, they're going to ignore your document anyway.
[01:19:31.440 --> 01:19:36.720]  It's very unlikely that they will respond to your request for admissions.
[01:19:36.720 --> 01:19:41.240]  Enter another point of strategy.
[01:19:41.240 --> 01:19:48.240]  All of these other kinds of discovery that you're going to do, if you ask for them to
[01:19:48.240 --> 01:19:53.720]  disclose something or produce something, or you want to depose somebody, or in whatever
[01:19:53.720 --> 01:20:01.040]  way they are not responding to your discovery requests, you are going to raise a royal ruckus.
[01:20:01.040 --> 01:20:04.080]  You're going to go to the judge, you're going to be mad, you're going to file a motion to
[01:20:04.080 --> 01:20:10.320]  compel these, whoever it is that has the evidence you need, compel them to cooperate
[01:20:10.320 --> 01:20:17.120]  with the discovery, but you don't do that for admissions.
[01:20:17.120 --> 01:20:22.840]  If they ignore your admissions, that's good for you.
[01:20:22.840 --> 01:20:24.960]  It's bad for them.
[01:20:24.960 --> 01:20:27.520]  They've got 30 days to answer.
[01:20:27.520 --> 01:20:29.960]  Check your local rules.
[01:20:29.960 --> 01:20:35.560]  In Texas, it is Texas Rules of Civil Procedure, it's 198, and you'll see in there that they
[01:20:35.560 --> 01:20:43.200]  have 30 days to answer, and if they don't answer, everything that you have stated as
[01:20:43.200 --> 01:20:48.480]  true is deemed admitted.
[01:20:48.480 --> 01:20:51.520]  What does that mean?
[01:20:51.520 --> 01:21:00.400]  That means that as far as the court's concerned, everything in there is agreed to, both sides
[01:21:00.400 --> 01:21:03.560]  agreed to each of those statements.
[01:21:03.560 --> 01:21:15.560]  Let me back up just a moment and tell you about the reason for admissions.
[01:21:15.560 --> 01:21:23.800]  If there are 10 different issues that go to your case, and eight of them can be eliminated,
[01:21:23.800 --> 01:21:25.800]  because we all agree on that.
[01:21:25.800 --> 01:21:26.800]  We agree on this too.
[01:21:26.800 --> 01:21:32.120]  The only two issues before the court, these are the only two points that really need to
[01:21:32.120 --> 01:21:33.920]  be adjudicated.
[01:21:33.920 --> 01:21:34.920]  That's great.
[01:21:34.920 --> 01:21:37.000]  That makes everything a lot more efficient.
[01:21:37.000 --> 01:21:41.800]  It skips all of the stuff that we don't need to rehash this.
[01:21:41.800 --> 01:21:43.280]  We don't need to hash out.
[01:21:43.280 --> 01:21:44.280]  Let's skip all of that.
[01:21:44.280 --> 01:21:45.280]  Yeah, we agree.
[01:21:45.280 --> 01:21:46.280]  Let's move on.
[01:21:46.280 --> 01:21:49.000]  Let's get to the crux of the issue.
[01:21:49.000 --> 01:21:55.880]  That's why they have such a thing is, if somebody doesn't respond, it's deemed admitted.
[01:21:55.880 --> 01:22:01.880]  The whole point of discovery request for admissions is to go ahead and agree on the
[01:22:01.880 --> 01:22:07.680]  question on what you can with the two parties.
[01:22:07.680 --> 01:22:11.360]  That's really helpful to be able to do.
[01:22:11.360 --> 01:22:19.480]  If they don't respond, it's deemed admitted, and you don't say a word about it.
[01:22:19.480 --> 01:22:26.360]  Strategically, you would want to make us think about the rest of the things they're not
[01:22:26.360 --> 01:22:31.160]  cooperating with, but don't even mention admissions.
[01:22:31.160 --> 01:22:34.680]  Let that just fade into the sunset, and you're not going to bring it up again until you're
[01:22:34.680 --> 01:22:38.640]  right there in the courtroom, and it's too late for them to argue about it, and they're
[01:22:38.640 --> 01:22:43.360]  not allowed to argue about it because they're deemed to have admitted this already.
[01:22:43.360 --> 01:22:51.440]  If they now suddenly start arguing about it, then that operates as surprise to you because
[01:22:51.440 --> 01:22:53.960]  you thought they admitted this.
[01:22:53.960 --> 01:22:59.200]  They were deemed to have admitted it way back on September 1st, and now here we are, September
[01:22:59.200 --> 01:23:03.240]  23rd, and we're in court, and they're now suddenly, just all of a sudden, they're saying
[01:23:03.240 --> 01:23:05.480]  that they don't agree with that.
[01:23:05.480 --> 01:23:07.640]  Now it's going to be a denied instead of admitted.
[01:23:07.640 --> 01:23:09.040]  Wait, wait, wait.
[01:23:09.040 --> 01:23:12.440]  I formulated my defense based on the fact that they admitted this.
[01:23:12.440 --> 01:23:19.080]  They can't just suddenly surprise me and say, you know, we've changed our position, so they
[01:23:19.080 --> 01:23:22.280]  are what's known as stopped.
[01:23:22.280 --> 01:23:23.280]  They're blocked.
[01:23:23.280 --> 01:23:27.520]  They can't bring this up and start talking about arguing the opposite because they've
[01:23:27.520 --> 01:23:31.960]  already admitted or deemed to have admitted.
[01:23:31.960 --> 01:23:37.360]  So it's good to not bring it up, not mention, don't push, you know, the court to compel
[01:23:37.360 --> 01:23:42.720]  them to comply with admissions, just leave it be.
[01:23:42.720 --> 01:23:46.960]  You'll be able to bring it up when the time comes if it ends up going to court, and they're
[01:23:46.960 --> 01:23:51.200]  not totally frustrated with you by then because you're going to be holding them accountable
[01:23:51.200 --> 01:23:52.480]  all along the way.
[01:23:52.480 --> 01:23:55.040]  They may just decide they don't want to play anymore.
[01:23:55.040 --> 01:24:02.040]  But in the process, you have developed an airtight case.
[01:24:02.040 --> 01:24:03.840]  They can't come at you this way.
[01:24:03.840 --> 01:24:05.800]  They can't come that way.
[01:24:05.800 --> 01:24:08.560]  You've cut them off at the knees over here.
[01:24:08.560 --> 01:24:14.920]  They've exercised, they're operating outside of their authority, and it's not only are
[01:24:14.920 --> 01:24:18.080]  they doing all these things wrong, but you're documenting it.
[01:24:18.080 --> 01:24:22.880]  You're holding them accountable with a judicial misconduct complaint, with a bar agreement,
[01:24:22.880 --> 01:24:24.160]  with a criminal complaint.
[01:24:24.160 --> 01:24:31.520]  You're holding them accountable, and that, we're making a lot of marks on their card.
[01:24:31.520 --> 01:24:37.280]  And when the appellate court, you don't have to take it to appeals court, but they know
[01:24:37.280 --> 01:24:42.640]  that if you do appeal their bad ruling, all of their judicial errors are going to come
[01:24:42.640 --> 01:24:43.640]  to light.
[01:24:43.640 --> 01:24:50.640]  So, all right, we're going to go to sponsors, we'll be right back.
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[01:27:14.560 --> 01:27:20.400]  All right, we are back. Rule of Law Radio, Randy Kelton. I'm Brett Fountain.
[01:27:20.400 --> 01:27:27.040]  And we are on our last segment for this evening, and we are continuing to talk about what to do
[01:27:27.040 --> 01:27:35.600]  in a traffic court. And a lot of this will apply to other kinds of court cases.
[01:27:39.040 --> 01:27:43.520]  Civil will have discovery. Almost any kind of criminal. You're going to have discovery.
[01:27:43.520 --> 01:27:48.400]  There might be slightly different rules depending on what's going on in your state
[01:27:48.400 --> 01:27:57.280]  or your jurisdiction that will address, hey, for criminal, you have, like, interrogatories.
[01:27:57.280 --> 01:28:03.280]  In Texas, we have interrogatories in criminal has to be presented to the court clerk. Well,
[01:28:03.280 --> 01:28:08.640]  that's unusual. Normally, you would present the interrogatories to the one who needs to answer it.
[01:28:08.640 --> 01:28:14.800]  But in a criminal case, for whatever reason, the legislature decided that the interrogatories
[01:28:14.800 --> 01:28:20.000]  need to go to the court clerk. All right, fine. So you're just knowing that. You just go ahead
[01:28:20.000 --> 01:28:26.640]  and send it that way. But just be aware of your local rules. And you've got all these
[01:28:28.960 --> 01:28:35.360]  myriad of options available to you, how you can get evidence. Discovery is all about getting
[01:28:35.360 --> 01:28:46.240]  evidence that's going to either A, prove your innocence or B, mitigate your guilt. And what's
[01:28:46.240 --> 01:28:51.920]  interesting to you also, not in getting in your own case, but what's interesting to you also is
[01:28:51.920 --> 01:28:59.520]  evidence that the people who are bringing this evidence against you have committed crimes.
[01:28:59.520 --> 01:29:07.440]  And therefore, what they're bringing should be admissible evidence because it was illegally
[01:29:07.440 --> 01:29:12.400]  obtained. So that could be useful as well. But then, obviously, you're going to be able to use
[01:29:12.400 --> 01:29:20.240]  other evidence for holding them accountable for their crimes. Anyway, that's discovery. And I
[01:29:20.240 --> 01:29:31.920]  would like to just quickly highlight the difference between discovery in a case and your just average
[01:29:32.640 --> 01:29:39.280]  run-of-the-mill records requests. Because you've got public records, right? Just even having nothing
[01:29:39.280 --> 01:29:45.120]  to do with a court case, anybody, everybody can ask for public records. And some of this evidence
[01:29:45.120 --> 01:29:54.560]  that you can get could be gotten either way, either by asking the sheriff, hey, deputy so-and-so
[01:29:54.560 --> 01:30:04.640]  pulled me over yesterday. I would like to see the body cams. Well, your wife, your neighbor,
[01:30:04.640 --> 01:30:11.360]  your son can ask for those same records. It doesn't have to be you that have a court case. It can be
[01:30:11.360 --> 01:30:19.520]  anybody. We, the people, have got these public servants out there doing supposedly what we
[01:30:19.520 --> 01:30:23.520]  asked them to do. And we get to check up on them. And any time we want to, we get to ask them to
[01:30:23.520 --> 01:30:30.080]  show us the records. They're keeping records for us. They work for us. They're supposedly
[01:30:31.040 --> 01:30:39.360]  doing what we asked. So we get to say, show me the records. Well, there are matters of
[01:30:39.360 --> 01:30:43.760]  confidentiality. So you might have, if you try to get something via records request,
[01:30:44.720 --> 01:30:49.840]  and you're not the subject of that recording, well, they might end up redacting something.
[01:30:50.400 --> 01:30:54.880]  Or they might end up saying, you know, adding some delay to try to figure out if they need to
[01:30:54.880 --> 01:31:01.600]  withhold this or not. But the fact of the matter is there are two different avenues that could get
[01:31:01.600 --> 01:31:10.480]  at that same information. If it's something like body cams, try to get it first through a record
[01:31:10.480 --> 01:31:18.080]  request. That's unlimited. But if they start pushing back and tell you, hey, there's been
[01:31:18.080 --> 01:31:22.960]  a court case that's commenced. Therefore, you've got to get the information through discovery.
[01:31:23.760 --> 01:31:30.320]  Fine. Just go back and make a discovery request. And because it's you asking,
[01:31:30.320 --> 01:31:36.720]  there won't be any redactions. All right. So records request also can be
[01:31:37.760 --> 01:31:44.080]  all kinds of other things that go on in the case that are not specifically in the court record.
[01:31:44.080 --> 01:31:50.640]  For example, you want to know the hierarchy of the reporting structure of the clerks in that
[01:31:50.640 --> 01:31:54.080]  office. Because you're dealing with, you keep getting these emails from all these different
[01:31:54.080 --> 01:31:58.960]  people. You don't know who's who. You don't care. You just, you want to know how to deal with the
[01:31:58.960 --> 01:32:05.280]  head person. All right. So you file a record request. You send a record request to an elected
[01:32:05.280 --> 01:32:12.960]  official, an appointed official, or a department head. And you ask for whatever. You want the name
[01:32:12.960 --> 01:32:23.360]  of somebody who's, whatever it is you're looking for, fax number, an email. All right. So let's
[01:32:23.360 --> 01:32:33.920]  let's just wrap up here with a little bit about how to ask for help. Some common things that we see
[01:32:34.960 --> 01:32:42.240]  people are asking. They, they are not going to as effectively get the help that they need,
[01:32:42.240 --> 01:32:47.440]  just because of the way they're asking. So let's just take a step back here and say,
[01:32:47.440 --> 01:32:56.880]  what would be helpful when you're asking me or Randy or somebody, your buddy, to help you out
[01:32:56.880 --> 01:33:02.720]  with something. It's good if you can give just enough context. There's no need for a novel,
[01:33:02.720 --> 01:33:09.440]  but let us know some context of what's going on here. Don't just say, I've got a hearing and I
[01:33:09.440 --> 01:33:17.760]  don't know what to do. Well, what kind of hearing? Where are you located? So forth. We could say that
[01:33:17.760 --> 01:33:24.320]  succinctness is next to cloneliness and godliness. How about that? If you could be succinct, that
[01:33:24.320 --> 01:33:33.600]  helps. So let's think about who, what, when, and where. It would really be helpful if we know,
[01:33:33.600 --> 01:33:44.240]  are you asking this for you or are you asking this for your son or for maybe an older gentleman
[01:33:44.240 --> 01:33:48.720]  down the road that you were having a conversation with him. And so maybe he's the one that needs to
[01:33:48.720 --> 01:33:57.840]  be asking these questions and we'd be able to more directly get to find out this, fill out the context,
[01:33:57.840 --> 01:34:05.360]  let's say. And, you know, if this person is a minor, then maybe you're going to be
[01:34:06.640 --> 01:34:13.520]  dealing with this issue for your daughter who is not old enough to go to court on her own and so
[01:34:13.520 --> 01:34:21.840]  forth. And along with who, it's good to know who's the opposing party. You know, are you being
[01:34:21.840 --> 01:34:31.440]  accused or who's opposing you? Is it a prosecutor? Is it a grocery store manager who didn't let you
[01:34:31.440 --> 01:34:38.400]  in? And who's on the opposite side here of this court case that you're concerned about? So who?
[01:34:38.960 --> 01:34:44.560]  Also what? If you can define, you may not know, but it's helpful if you do,
[01:34:45.360 --> 01:34:47.760]  what's the nature and the cause of this issue?
[01:34:47.760 --> 01:34:56.400]  What's going to happen if you don't do anything? What outcome are you seeking?
[01:34:58.640 --> 01:35:05.440]  And what have you done so far? Things like this will really help to drill quickly down to
[01:35:06.320 --> 01:35:11.120]  the response that you really need. You're looking for an answer and sometimes we can't
[01:35:11.120 --> 01:35:14.560]  quickly get to an answer. There has to be several rounds of back and forth just because
[01:35:14.560 --> 01:35:20.240]  somebody didn't quite know how to ask. So hopefully this will help out in that regard.
[01:35:21.360 --> 01:35:27.760]  If you can say when, that would be great. If you have a comprehensive timeline that would rock,
[01:35:28.960 --> 01:35:36.000]  you will be light years ahead. But if you can at least say, hey, when this occurred,
[01:35:36.000 --> 01:35:43.600]  the alleged offense or the paper that you just got in the mail, wait, did you just get it last
[01:35:43.600 --> 01:35:49.600]  week? Or did you get it two years ago and now you're trying to figure out if there's anything
[01:35:49.600 --> 01:35:56.080]  that needs to happen? Well, they've got a warrant. I think it would really be helpful if you can
[01:35:56.080 --> 01:36:04.800]  identify when something happened. All right. And last would be where? Because where you're
[01:36:04.800 --> 01:36:14.160]  where you're located will help to determine which territorial jurisdictions come into play.
[01:36:16.240 --> 01:36:22.880]  So you've got to read your own local rules and we can help you find them. Or let's say you need to
[01:36:22.880 --> 01:36:30.400]  bar grieve an attorney for being unethical. Well, where is this attorney a bar member?
[01:36:30.400 --> 01:36:36.720]  Oh, it's bar member in Idaho. Okay, Idaho. Now we can go and look at the Idaho rules
[01:36:37.280 --> 01:36:44.320]  to see what does an attorney required to do in Idaho. What are the crimes in Idaho? How is
[01:36:44.960 --> 01:36:51.120]  due process defined in Idaho? And then you can see if he followed those step by step.
[01:36:51.120 --> 01:37:00.320]  And then you can choose the appropriate form to hold him accountable for not doing these things.
[01:37:01.040 --> 01:37:06.320]  All of that is geared toward Idaho. And if there's something that's going on,
[01:37:06.320 --> 01:37:10.240]  let's say a federal issue, well, then it's good to know where something happened.
[01:37:11.360 --> 01:37:18.160]  All right. I think that's about all we're going to be able to cover for those kinds of details
[01:37:18.160 --> 01:37:28.640]  tonight. Let's see here. There's anything else that could potentially, yeah. So some people have
[01:37:28.640 --> 01:37:38.320]  issues where something happened and they are having to go to court to deal with something,
[01:37:38.320 --> 01:37:44.320]  but it's dealing with something where their own liberty is not at risk. And so that's really
[01:37:44.320 --> 01:37:48.480]  not what we were addressing tonight. Some people are asking me, hey, can we talk about
[01:37:50.560 --> 01:37:57.120]  how does this apply in trespass, criminal trespass? Somebody tried to make me wear a mask
[01:37:57.120 --> 01:38:09.680]  and things like this. But really, since it comes up as a warning, the harm hasn't been,
[01:38:09.680 --> 01:38:15.520]  you haven't been accused of anything, then you don't have to go show up in court. Yes,
[01:38:15.520 --> 01:38:20.800]  I get it. You want to hold them accountable. And you really should. I hope you will. It's just,
[01:38:21.680 --> 01:38:27.520]  that doesn't exactly go to what we were talking about here with trying to get yourself off the
[01:38:27.520 --> 01:38:36.400]  hook, basically. And really, you shouldn't have to try to get yourself off the hook.
[01:38:36.400 --> 01:38:42.800]  Look, we have a presumption of innocence. You're innocent until you're proven guilty,
[01:38:42.800 --> 01:38:50.000]  right? We all hear that. And that's what the law says. Our Constitution's guaranteed that to us.
[01:38:50.640 --> 01:38:57.440]  That's true. And since they don't ever seem to treat us that way, we need to know
[01:38:57.440 --> 01:39:02.960]  how to hold them accountable to follow their rules and all these procedures that they're
[01:39:02.960 --> 01:39:11.760]  undertaking. And where they don't, we get to stay. You'll find out that as you take these steps,
[01:39:12.640 --> 01:39:18.320]  things will become more comfortable for you. The oppressive, heavy feeling, the lift,
[01:39:19.360 --> 01:39:27.360]  you'll begin to sense and know who you are, that you are the master of your servants,
[01:39:27.360 --> 01:39:33.920]  and things will really start to change for you. I encourage you. Go forward.
[01:39:35.600 --> 01:39:38.800]  All right, we'll talk to you later. Have a good evening.
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