[Music] and welcome to facts or frauds. [Music] So the first case set for motion is Jose Alzando. Mr. Mr. Alzando, if you can please unmute and share your video. >> I'm here. >> Okay. Thank you. So, Mr. um you had a pre-trial hearing uh earlier this year in May and then after and at that hearing you had indicated that you had mailed in a motion for a bond and that that was the only motion that you had and we we did not have that here after the the court and we set your case for a jury trial on August 28th. Then after the date of your pre-trial hearing, we received a motion in the mail stating defendants rule 91 motion to dismiss for failure to state a claim upon which relief can be granted. Mr. Bishop, have you received a copy of that motion? >> Your honor, and made a response. >> Thank you. >> I believe I filed two motions. I've got a motion to dismiss And then a motion uh no consent given motion. >> Yes, that's correct. All right. So, Mr. Alzando, if you wish to summarize your argument, you may do so at this time. >> Yeah. I just want to know, do y'all enforce the Texas Transportation Code? >> No, sir. We're we're not answering questions. You need you need to summarize your motion at this time. >> All right. Well, I just want to add to my motion that according to the Texas Transportation Code, Title 1 section 502.003 clearly states it prohibits political subdivisions from requiring registration and my violation was due to registration. So, that's all I wanted to add and I plead not guilty and for dismissal to >> Mr. Bishop, your response. >> Yes, I address this in my uh response, your honor. Uh the city of Dington Gardens is the political subdivision of the state of Texas and this registration requirement is not a violation of a city ordinance. There is no city ordinance that requires individuals to register their vehicles. That's state law. And so the defendant is incorrect in applying that statute because it's a state law violation, not a city ordinance violation. >> The court has read the defendant's motion to dismiss and I have read the state's response to that and the court is denying the defendant's motion to dismiss it. Don't see where you prepared an order for me to sign. Let me let me see. >> I did not prepare one, your honor, but I will be glad to prepare one. >> Okay. If you if you can prepare one, Mr. Bishop, I will I will get that signed. I'm I'm making it writing a notation here. Um motion denied. All right. [Music] And then we have the second motion. Defendants. No consent given. Um, Mr. Alzando, you may summarize your argument at this time. >> Whatever I submitted is what I what I plead to continue with. >> Mr. Bishop, which will summarize the state's response. >> Yes. Um the state's response was is in the state of Texas driving is a privilege not a right and by exercising his privilege to drive on uh a Texas highway or street. He is subject to all rules of the road statutes and rules. And so he is not, the state does not need his consent for him to be subjected to jurisdiction when he has violated a uh a state law. He's not being denied his rights. Driving is a privilege and by driving he subjects himself to the uh rules of the road and other state laws regarding driving. >> All right. Uh based upon the the court has reviewed the written motion and response motion by the defense response by the state has considered the arguments made here in court and the the court is denying the defense statement of no consent given to jurisdiction. Okay. So Mr. Alzando, your case is set for jury trial on Thursday, August 28th at 8:30 in the morning. That is when you need to be here. You have cited in some of your motions, civil rules of procedure. As I have had warned you before, I'm warning you again, the Texas rules of criminal procedure apply in this case. This is a criminal charge and you you need to follow the Texas rules of criminal procedure. You will be expected to follow proper courtroom decorum and as you are representing yourself, you will be held to the same standard as if you were an attorney. You will need to be here at 8:30 in the morning. You will receive information uh regarding the uh venire men, the potential jurors, and uh vor will start at 9:00 a.m. Uh you will be given 15 minutes to ask relevant questions of the venire panel. Um the state will be given 15 minutes to ask questions of the NR panel. Each side is given the opportunity to make up to three strikes and then we will proceed to the jury trial that day. Have any witnesses that you wish to call and any evidence that you wish to present here and ready when you get here at 8:30 in the morning? Do you understand, sir? >> Yeah. >> Okay. All right. Mr. Alzando, is there anything else that you wish to put on the record at this time? No. >> Mr. Bishop, anything from the state? >> Nothing further from the state, your honor. >> Okay, Mr. Alzando, you are released at this time. We'll see you here in person at 8:30 in the morning on August 28th. >> Sounds good. >> You are released at this time. >> What kind of pain and embarrassment has this lifestyle caused your mother? >> And thanks for hanging out with us on Facts or Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. >> And a huge thank you to all of our Facts or Frauds channel members. [Music] And if you're still hanging out, thank you. I appreciate you all. Make sure you hit the thumbs up button, subscribe, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. Till next time, I'll see you soon.