Have you any idea how successful censorship is on TV? Don't don't know the answer. H successful, isn't it? [Music] Welcome to facts for frogs and Mr. Black. Good morning. Good morning. And your criminal charges dismissed on Friday. Is that right? Thursday. I don't know. Okay. Well, thank you. How come I wasn't notified? Well, that's not what you're here for today. You're here for the traffic infraction. That's what for? I don't know. I thought this was a motion hearing. It was going to be, but the state made a motion to dismiss your charge. Okay. So, now it's going to be Yeah. I'm waiting for your file to open up here. Sometimes our technology lags, so I'm waiting for it to give me access to your file. I didn't come prepared to contest the infractions. Um well that that'll be easy because you can tell me whether you have insurance or not. But hold on a sec. Should we just explain failure to transfer title, the trip permit, and the driving suspended charges which are all criminal charges and those are the ones that you'd filed all the pleadings on which I've read all your pleadings. Okay. You have any comments on it? Just curious. I'll give you my comments here in a moment. And I believe the police report states that I did produce my insurance, but it took me a while to find it. Do you happen to have a copy of it with you? Yeah. Should I approach? Yeah, please. to the middle of the big paragraph. Oh, it's on the last paragraph, right? And do you have a copy of whatever you showed the officer by way of the insurance proof? Yes. Oh, it's on my phone. Yeah, that's fine. Do you have your phone with you? Yeah, but I let somebody, one of my employees take care of that and he whenever I need my insurance, I ask him where it is. But it'll take me a while to find it if you need me to. I'll see if you can find it while I'm reading this. Okay, bring it up. Okay, great. Okay. So, this is showing an insurance for somebody, not you, for a car. I don't think the car is identified here. Okay. Could be the vehicle. Who's Thomas Harris? He's the employee that takes care of that stuff. He registers the vehicles, gets insurance for them. And employee of yours. Yeah. What type of business is it? Biodiesel gas station. All right. And then the other thing to note here is that the insurance is purchased the day after the stop. Yeah. Look at 411. stop was on 14. Well, I can call I'm sure it wasn't because when I called him, he produced this instantly. So, I can call him and you saw that, right? You saw that it said effective 411. Take another. I just say, "Yeah, Thomas, you're on speaker phone. I'm in court right now. Um, the charge the criminal charges were dismissed, but the no insurance charge, remember when I called you when the police stopped me and you sent me the a copy of the insurance card?" Well, the insurance card looks like it was purchased the day after the stop. Oh, it may just been the wrong one. Tell them that uh the tell we have a different insurance card. We've got so many vehicles here. It's crazy. There's no way to get an insurance card that quickly that when I'm on when I'm working like that. The only thing I could do is send you some proof of insurance that I had in my phone. Okay. Yeah. All right. Um so what So what did they say? Well, you're on speaker phone now. I'm in court. And I mean, you got to realize we're working around. How could this possibly be purchased the next day? You didn't purchase insurance the next day, did you? No, no, no. What they may have done is what they do is they renew the insurance every six months or so. And what what happens is it automatically prints out ahead of time. And so what may have happened is they give us the cards in advance and then I I get it online and then I just put them in my phone, but I got so many cars in there that it's hard to find. Okay. Okay. I think that explains it. Okay. Yeah. I can if you need me, I can look up and see where Well, let me ask the judge. Your honor, okay, that's all, Thomas. Thank you. All right. Thank you. Okay. So, I'll find that the card you displayed is just the automatic renewal card that comes in and coincidentally it renewed the day after you got stopped. So, I'll go ahead and buy that. Dismissed the ticket. I'll turn that to you. And then you asked me uh about your criminal charges. They were dismissed without prejudice. Now without prejudice means they can be refiled. So it's up to the prosecutor to decide whether they're refiling. I prepared something for the court. Without the prosecutor here, I can't make any decisions. I'll just share some general thoughts with you because I see you got a subsequent driving suspended ticket. out of looks like tumb water. So you have a court date I believe in August on that. Let me check. So, my guess is since you have a new charge right away, um they may not be willing to dismiss the new charge and they may resurface the old charge because as I said, it was dismissed without prejudice, which means it can't be filed. So, right now, your scheduled report on the tum water driving suspended charge on the 5th of August at 1:30 in the afternoon. So that's a Tuesday at 1:30 we're doing in court. So um without ruling on anything that might be filed on a new case, I'll just share some thoughts with you which are that uh the view that you set forth in your pleadings is we see that occasionally very similar language. I don't know. You know, sometimes the briefs we get in this line are all read the exact same. Yours is not the exact same, but a lot exact same. Um there is no case in the country that says a state cannot regulate the driving both commercial and private on any public thoroughare. So, you know, I read your arguments as to why uh you believe the freedom of travel means you can drive your private vehicle on public roads, which are paid for by the registration of the vehicle, by the way, in part uh that you believe you can drive because you have the constitutional right to travel. Uh that it's never been interpreted that way. So the constitutional right to travel does not apply to overcome the requirements that states have imposed to require you to be to register your vehicle on an annual basis. That is it. I pay my registration fees every year because I have to in order if I want to put my car on the road and I know if I put my car on the road with expired tabs, I'm going to get stopped and I'll have to pay the fine and I'll have to go get my car tabbed. I just know that's the way it works and that's how the system is set up. So, there's no legal argument there. you know, you made it in a sort of a big way, but I think it's a misinterpretation of what you believe the right to travel is does not give you the right to travel in any state, not adhering to that state's laws. And every state has a registration law like the state of Washington. So, you've asked my for my general. Have you noticed that in courts a car is referred to as a motor vehicle? uh friend riding with you in the car is referred to as a passenger. You're engaged in traffic and uh you're when what the problem is when a person registers his private property automobile with the state, he's declaring it a commercial vehicle. No, that see that's that's your interpretation. And I'll just tell you that's not the interpretation shared by the courts. We don't see it that way at all. So the law makes very clear that all of us who have vehicles that we put on our roads, they have to be registered. Doesn't matter whether we have passengers, no passengers, if we drive them ourselves or not. um if it's if we're engaged solely in personal business or moving from point A to point B, none of that exempts us from the requirement to appropriately register our vehicles, which is used as a means of supporting the construction of the roads that we drive on. Yeah. You know what you said? You've seen a few of these. What compels people to do this is the state abusing its power to license drivers as well as doctors and other professionals. If you don't behave the way the state wants you to in your private life, in your family life, the state through um the family court can have your license suspended. And that's just strong evidence that the system is not set up to make the road safe, but to control people. And people don't like that. Yeah. No, I I I understand the philosophy behind that. Um we don't do anything here with suspending licenses or not. We just interpret whether the person has a license or doesn't have a license. That's the only rule of the court there. Now, I will say what you're referring to is the ability of the Department of Licensing to suspend licenses for the failure to pay child support as support. What's that? It's not child support. It's government support. Okay. Well, just it's called child support and that's what it's you know if you look on your driving record you have one of those things there that says it says fail to pay child support. I I understand there's a different way of looking at it. Uh but it is not directly related to driving. I get that. But the legislature uh made that they thought how can we leverage people to pay what a court has determined they should pay for the support of uh their children and they decided that one good way to do it was to leverage the ability to drive. So that's what the legislature decided to do. They created the law. Nobody has determined that law is unconstitutional. A lot of people have, but they haven't taken it right. Um, so in family court, the court rules don't apply. You know that. And due process is streamlined. So your driver's license can be suspended through a court procedure where it's a free-for-all. I've seen it. Okay. Yeah. So I I I like I said, I understand the philosophy you're indicating. I'll just when the case comes to me on a driving suspended charge, I look to see if your license is active or if you don't have the privilege to drive on the state and you view it as a right. The law views it as a privilege and the privilege is um enacted if you are properly registered and insured. Well, it's a privilege to operate a motor vehicle on the highways, but the courts have ruled and it's in my brief. It's a right to travel by your automobile, by your private property object. There's there's no court. Like I said, you can look all you want, but there is never nobody has ever found a case that says a court upheld the ability of somebody to drive in whatever state on public roads. Well, driving is a commercial term, too. Okay. To operate a motor vehicle on any regard, that's even more a commercial term. Look at operate your car. There's no cases that you can operate means using a business machine on a public utility. No, that doesn't operate means I'm operating my computer. I'm operating that's a colloquial my pencil. That's a colloquial term. Well, then you're you're pushing your example into sort of Black's fifth edition, you'll see that operate means using a business machine for game. No. Okay. I I disagree with that and I don't think you'll find any case that supports that. Okay. I appreciate your input. All right. Hi. Well, that's just about it. So, so thanks for watching and we'll see you again real soon and thanks for hanging out with us on Facts or Frauds. 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[Music] And of course, there's lots of the producers friends all excited, waiting to meet the stars, and generally getting in everybody's way. Just like our producer. Oh, we don't mind. Oh, and not forgetting the prop guys. They're busy striking the set. That's an interesting little point there. Striking. That's a word we all use in the biz for dismantling the set, taking it apart, unscrewing things, releasing safety catches, that sort of thing.