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12-26-11 Rule of Law

Eddie’s Night.



One Response to 12-26-11 Rule of Law

  1. Eddie starts with a cite from the 1876 floor debates for the then-new Texas Constitution. A discussion about levying taxes for public schools. Eddie looks at the original intent and mindset of lawmakers to limit govt – a mindset that understood limited powers of govt and was wary of any power beyond that. From that, Eddie discusses the parameters of ‘individual rights’.

    Caller Joe asks about post-judgment remedies after a guilty plea. Of which there are none, Eddie points out.

    Caller Barrett has a rent notice-to-evict problem. But neither the caller nor the landlord is reading the law.

    John in Texas. Arrested for not signing a citation for alcohol consumption in a state park. John hasn’t read the statutes on the matter, so Eddie can’t comment. Eddie does advise, however, that the parks and wildlife citation must abide by uniform standards, including notice of potential surcharge. And, Texas Trans Code 708.105, which states what every tix in the state must include. Moreover, the deputy failed to take caller straight to magistrate upon arrest. Upon further investigation, Eddie finds no alcohol-related laws that the “brochure” cites, which caller received from the officer. So, aggravated arrest, aggravated kidnapping. Advises to file federal suit against officer.

    Walt in New York. Wants to know what to do about a cop who offers one charge on the side of the road but then cites for another.
    Wendy in California. Paid a bridge toll, but then received a mail citation for not paying the toll. They want her to pay a $30 fee to even contest the charge. Bill of Attainder or Bill of Pains and Penalties.

    Dusty in Texas. Commercial overweight violation. Eddie believes about all Dusty can do is see if the citation itself abides by TTC rules.

    “T”. Company wants a license or govt photo ID to return a good, but doesn’t state their rules when purchased. Eddie says not much recourse except to not use that store. Best Buy, good example.
    Meta in Texas. Calls about John’s call about alcohol consumption in the tent. She states that being in a tent makes that his ‘residence’ as a ‘resident’, and beyond the reach of the officer. Eddie agrees, but believes that the better case is that the officer appears to have been enforcing an administrative code – which is binding on the agency, not the public as a law. Once the agency makes a punitive law, they are on thin ice. The best they can claim is that the admin requirement reflects a state law.

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