Cuz the recommendation, if you're represented, even if you're only a representative on one case, the rec is probably going to come to your attorney. >> Okay, now, does the if I enter like a oral motion of dismissal based on constitutional grounds, uh are you standing on your constitutional oath? >> Okay, I'm I'm I'm not sure what that is. So, I have taken an oath to uphold the Constitution and to make sure that I treat people um the law would me to do so. >> What's going on, guys? Welcome back to your favorite YouTube channel, No One Is Above the Law. Today, yes, we have another sovereign citizen with another argument that he believes is going to get him out of trouble, but this judge that he's facing today is not for the games. You don't believe me? Check this out. >> Mr. Resto, um So, Mr. Resto, you have two cases. You have um count case number You hear me? >> Yes, I hear you. >> So, you're before the court on 2019CR04954 for driving on a suspended or revoked license, no license, failure to display license, uh failure or failure to have license on person. I'm not sure it cuts off. And no tag or expired or invalid tag. So, that's on the first case. On the case from 2020, 03114, you have a suspended or revoked license. You're represented by Lister and Holt on one of the cases, but not on the other. Did you want Lister and Holt to represent you, or did you want to represent yourself? >> Uh I'll represent myself. >> On both cases? >> Uh yes, yes, ma'am. Uh I have a quick question as far as uh locker time when it comes to uh driver's license. >> Okay. Okay. You're only allowed to have one driver's license and I have I have a Alabama driver's license. So, when I get pulled over, I actually showed them my Alabama driver's license and it's current. It's the most current. And so, they make a determination if they should go off the Georgia driver's license or the Alabama driver's license. And when I present the Alabama driver's license, they let me go because my Alabama license is valid. And you're only allowed to have one and I had Alabama license first. So, my >> this sounds like a not guilty. >> Excuse me. So, Mr. Resto, what Mr. Taylor is saying is this is something that you could prove at trial. If you um present that information at trial, then um that means you want to go to trial instead of taking a plea. I don't know what the recommendation is. And I don't know >> The the recommendation was um I think I was I've been dealing with this case for a awful long time now. So, I don't really want to go to trial. I just want to get it behind me, but I think that the recommendation I remember the recommendation quite clearly. They offered me 40 hours community service. Is that still on the table? >> Okay, no, Mr. Resto. It's more than that. So, let me explain why I know it's more than that. So, the basic uh fines and fees for driving on a suspended license is the first time in 5 years if you get one, then you're into you can enter a no low plea if you have a no low plea eligible to you. And then the fine is $500. But if you get a second one, the fine goes to $1,000. A third one, the fine goes to $1,500 and 10 days mandatory jail time. You have a second one, which means that you might be able to enter a no low to the first one, but then the second one is outstanding. So, when you took a plea to the second one, that would definitely suspend your license. So that that's what's on the table. >> Okay. >> And it and the fines are hefty. So you would get a plea on the first one and that's a $500 fine, which is 737.50, but the next one is going to be a thousand in addition to that and that's 1420. So we're looking at almost 2 3 almost 2000 25 2200 dollars. >> I your honor uh it's Mr. Resto represented on the particular case that we're referring to. >> Well, >> I mean we address him directly if he is in it because this is a serious matter. >> I get you. So that's why I'm saying Mr. Resto, you have representation. I can allow you to be represented by on both cases and they can help you work this out. But understand that >> was already I was already represented by Lister and Holt and we kind of been going back and forth with the uh district attorney's office for a while and you know, they've been giving me recommendations and you know, I I still didn't take it, but uh they've been giving me recommendations. I don't know what's changed, but um it definitely wasn't $2,000. >> Um talk to your attorney and let them tell you what the recommendation they have on the table, okay? Cuz the recommendation if you're represented, even if you're only represented on one case, the rec is probably going to come to your attorney. >> Okay, now does the if I enter like a oral motion of dismissal based on constitutional grounds, are you standing on your constitutional oath? >> Okay, I'm I'm I'm not sure what that is. So I have taken an oath to uphold the Constitution and to make sure that I treat people as the law would direct me to do so. So >> Well, I I asked this question previously when I was in your courtroom one day in regards to the right to travel under the 14th Amendment stating that citizens do not need a permit to travel with a horse-drawn carriage, wagon, or automobile without interference by police and I was on a public highway actually when I got pulled over. >> Okay, so that that's not actually in the Constitution. >> And the right to travel by automobile >> when the 14th Amendment was ratified. >> I'm sorry, go ahead Mr. Taylor. >> I just wanted to point out to the court that automobiles hadn't been invented when the 14th Amendment was ratified. >> Yeah, it says it says it says automobile, horse-drawn wagon, or carriage. >> Okay. >> So an automobile is not necessarily a car, but it's a household good. It's it's just a form of transportation. It doesn't matter if it's an automobile, horse-drawn wagon, or a carriage because it's still a form of transportation and citizens have the right to travel without interference by police. So I don't even know how the police are even allowed to interfere with travel when I'm not using my vehicle for commerce. Uh your honor >> And it's a private household good. >> Okay, so Mr. Resto, if somebody drove 100 mph into the back of your vehicle and killed your a family member, would you want the police to interfere? >> Oh, that's that's murder. I mean that's that's if someone got killed. >> But they're traveling. You can't interfere with somebody traveling. >> No, I mean you you can't it's stated that a police just can't interfere with your traveling like pulling you over for a traffic violation or you know a tag. It it >> want them to interfere if somebody >> Now if you murder somebody because >> Well, okay, >> say you don't mur- murder them. Say you just hurt them. Say you just damaged the vehicle. You don't want the police to interfere. >> No, no, no, that because that that's when it almost become like an accident or a crime or whatnot. So, the police can That's not really an interference. An interference with your traveling, not an interference when two citizens engage in an accident. It's interfering with you just traveling. Now, police officers, as far as public servants, they have a duty to serve to the people. So, if a car accident occurs, then of course, public servants, as far as ambulance, as far as firemen, they would come to the scene just as a service. But, for you to just interfere in my traveling is actually a violation of the Constitution. >> Well, sir, the Constitution and the and the cases that have come out of the constitutional jurisprudence allow cities and states and municipal organizations to regulate travel for the benefit of the citizens. So, they can put reasonable regulations on travel, meaning they can have you can have a license, they can grant you the privilege of having a license to drive, they can regulate how your license is take is um seen. If you uh don't have a license or if your license is suspended, they can intervene to take your license away or your privilege to drive away. You could It is a crime. You can be convicted of not driving under a proper license. So, the government is allowed to intervene in a lot of ways with people traveling. So, I'm not sure where this information comes from, but there's a lot of stuff on the internet about traveling and the 14th Amendment and horse and buggies and even maritime law. >> Listen, Judge Haywood is trying to explain to Mr. Resto that yes, people have the right to travel, but that does not mean the state cannot regulate driving on public roads. This is where a lot of sovereign citizen arguments, they fall apart because they take one idea and stretch it way past [music] what law actually says. The judge is being patient, but she is also making it clear that this right to travel argument is not going to erase suspended license charges. And instead of listening, Mr. Resto keeps doubling down on what? Internet law. >> But >> I mean automobile automobile was actually created before a driver's license was ever created. So people was actually operating their case pamphlets, where people was actually operating vehicles before a driver's license ever became. That's actually Y'all Y'all you guys are actually a conflict of interest actually far as you being in cahoots with the DMV. That's a totally separate entity. >> Okay. So Mr. Resto, do you want to uh resolve the case because it's not >> I I want to resolve the case. I disagree with the with the with the fine amount because it changed. I would pay a I would make a offer like I can do a thousand dollars, maybe 12-month probation. But $2,000, that's excessive. >> Mr. Resto, we're not negotiating. Those are statutory fines, meaning they're written into the law. I can't even change them. >> Can I Can I make a counter offer to the state and say it's it's thousand dollars? Can I Can I did do time in jail? If the state would see that and come >> That's why I'm saying that you may want to speak with an attorney because certain things that they can negotiate, I can't change the statute. I can't change what's written in it, but they can negotiate and if the solicitor wants to give you credit for time in jail in lieu of the fine, those are things that they can do that I can't do. >> Yeah. Yeah, so so I will ask to the uh district attorney uh knowing that I I I did serve some days in jail, can you guys lower the fine and I just go ahead and end this case right now? I could I can do a thousand. I got a thousand dollars right now. >> Mr. Mr. Resto, so that's a conversation that you need to have with them directly without me being present, number one. Number two, the reason I keep saying you might want to go through your attorney is because they can explain to you what is already on the table and how that may or may not change, okay? >> What what what what's on the table now? Now >> I don't know. That's what I'm saying. I would rather you have that conversation in a breakout room with your with the attorney who's assigned to your case and with the state as opposed to here in the main room. One, because I have other cases that need to be addressed. And two, because that's not information I need to hear. >> Okay, is it is it anything I can do to get this case resolved now because it's been lingering all the while? >> I'm telling you what to do, but you're not listening, Mr. Resta. Mr. Resta, >> today, like I want to resolve this today. >> I get that you want to resolve it today and I'm telling you what to do, but you're not listening to me. I said you can go into a breakout room with your attorney and the attorney and you can discuss what's already on the table and then if your attorney wishes to speak with the state to clarify anything, they can do that, too. But, you're not going to get it resolved by going back and forth with me because there's stuff I cannot do. >> Okay, um just tell the state that I'll take the recommendation. I'll just pay the 2,000 if they can give me 12 months to pay it off. And if I can and if I pay it off early, if my probation will be terminated, that would be great. >> Sure. I was discussing with Mr. >> Breslow >> Breslow, and I understand something changed about his bond. >> Okay. Uh he has bonds with two bondsmen. I don't I mean, I don't know of anything. Does he have Did he Did somebody come off a bond? >> Uh your honor, maybe I can uh address that question. Mr. Breslow uh our office filed a motion to revoke bond, and that motion uh was granted to Ronald Eazy, uh and it was calendared. Uh that motion didn't happen because of the pandemic. It was I believe scheduled to happen in uh 2021, maybe February, but somewhere uh about that time. Uh I informed Mr. Camoni to inform his client that, depending on the outcome of today's uh arraignment, uh the state proceed intends to move forward on that bond revocation. Your honor, may I make a request on that matter? >> Sure, Mr. Taylor. >> I'd request that the defendant does show in person for not uh for him. Uh Zoom court is uh a remote appearance is not sufficient. >> So, it's my understanding that you and Mr. Castaneda have parted ways with respect to your case. >> Uh yeah. >> Did he file a motion to withdraw? >> Yeah, yes. >> Did you want to go forward without an attorney, representing yourself? >> Um Yeah, it seems like the attorneys that the state appoints me, they they have a very hard time of like listening to their clients, like what they have to say, like I had a conversation with him for like maybe 5 minutes, and you know, he was very like wanted to do what he wanted to do. He didn't want to hear what I had. Or even you know, he would just tell me uh like I was raising concerns about uh the state came off of my bond and I was trying to figure out why they came off of my bond when I showed up for court. I gave them no reason to come off of my bond. And he said basically >> So, when you say come off your bond, the bonding company has to do that, not the state. So, I'm not sure >> Well, they filed a mo- they filed a motion to to come off my bond. That's what he stated. >> Okay, is that Free at Last or uh Atlanta Clayton Bonding? >> No, not not Free at Last. Um It was >> I have that you >> He He stated He stated He stated that the state filed a motion with your court stating that they wanted to come off my bond to where basically I would have warrant on me. >> Okay. Um Miss uh John Vie, do you have any outstanding bench warrants for Mr. Resto? >> I don't recall signing any, but um I may have. >> file any motions in regards to that? >> Uh no. >> Okay, I did So, just uh Your Honor, I didn't know that he was back. I'd already given the file to my assistant. Um she said she'd just sent off the bench warrant to you as well, I think. So, >> John, didn't think. >> Okay. >> All right. So, yeah, Mr. Resto, you're here. So, I haven't signed anything yet. >> Okay. Um does the state have any intentions, you know, trying to come off my bond? >> No. So, sir, they don't come off your bond unless you fail to appear. My understanding is you had a medical excuse for being late today. So, you contacted >> I'm actually still at the hospital. I just had a minor surgery. >> Okay. So, Miss Val has allowed you to come on to the call today because she knew that you had a medical issue. So, we can deal with your case today or we can um give you a continuance until December 6th, but nobody's coming off the bond and the bench warrant will not be signed. >> Okay. Um I I want to handle this today. It's kind of been leaving off my head for some years now. I'm really tired of it. And um but I hear that the state is trying to like put give me like 10 days in jail and that would like absolutely ruin my business, my life. I have a 2-year-old son. I'm a single father. Yeah, but see judge, in my situation is um okay, I got the documentation from the from the um Alabama um uh field motor vehicle department. See, I'm a I'm a I'm actually an Alabama citizen. Hold on. You're not helping yourself. Hold on. Let me put you in a breakout room with me and the state so we can hear what you're saying, but we're not putting it all out there in case you want to make a different decision, okay? >> Okay. Well, I I have no absolutely reason to lie and I really believe that >> No, no. It's not It's not that, sir. This is what I would do if you had an attorney who was representing you, okay? So, this is called a pre-trial >> I I just honestly believe that when you're just being truthful, it's really no need for attorneys when you're just being honest about your situation. >> Next is um Mr. Resto. Mr. uh Castaneda um was fired by Mr. Resto, so he's no longer counsel of record. Mr. Resto is wanted um and there is no um surety on that. Does the state have an um have a There's no surety order on that. Does the state have a request in the Resto case? >> And Mr. Resto, yes, uh state would definitely request a rule absolute in that matter. >> Okay, on both cases the rule absolute will be granted. >> Thank you, Your Honor. >> You know what? This is why you have to know when to stop talking in court. The judge gave him a chance and another chance to speak, explain [music] himself, and even try to protect him by putting certain conversations in a breakout room. But, once the court gives you a direct warning and you keep pushing the line, that patience [music] can run out real fast. This went from trying to resolve old traffic cases >> [music] >> to Judge Hayward warning him about 30 days because he could not let the courtroom process move forward. And as we can see, didn't even end up showing up on that last one. But, I'm sure by him going through this process, if he didn't find out then, I'm sure he knows now that no one is above the law.