[Music] well well well come to find out in 2018 cuz I Googled it uh the US Supreme Court made a ruling that is law now they stated that even though it stated the the the state of Tennessee cannot revoke people's Drive dri's license because now it is considered unconstitutional driving is now a right not a privilege welcome to facts or frauds would you be Step Smith um my Christian applet name is capital S lowercase te e p e a h n capital S lowercase m i t h okay so that would be a yes thank you Deputy Sims now calling 24 w00 328a the township of ipsilanti versus Stever Cameron Nigel Smith Deputy Sims state your name for the record Deputy Simpson thank you okay and Mr Smith you've already stated and spelled your name out thank you today is the date and time set for an informal hearing in this matter what I have is a citation issued November 17th 2024 that charges that on or about that date you did operate a motor vehicle on homes Road at or near Ford Boulevard and when you were pulled over you failed to disclose to the officer that you had a concealed pistol and a CPL so it looks like you were also cited for having a window tint I don't have that citation which presumably means that it was paid so again this is a civil infraction there is no criminal penalty associated with this no jail time no probation there is however a fine before we get started Deputy Sims was there anything that you wanted to say no ma'am I'm ready to proceed okay thank you just a moment okay so Mr Smith as you have likely heard already you have three basic options when it comes to this citation and these are your three options you can accept responsibility that is basically admit that you did not disclose per MCL 28425 F that you had a license to carry a concealed pistol and that you did not present that immediately to the peace officer when you were pulled over you can accept responsibility with an explanation so the court can take into uh consideration any mitigating factors and potentially lessen or eliminate the fine finally you can deny responsibility that is deny that you failed to disclose your CPL immediately at which point we will proceed to the informal hearing I will swear in both sides take testimony and make a decision based on preponderance of the evidence which of those three options are you going with um I want to um May I grant my name to the court and make the court trustee okay but the option three as your question I deny responsibility and I have an explanation okay so if you are denying responsibility then I'm going to swear you in and swear in the deputy and I will take testimony from both sides so let me explain how this is going to work after I have sworn you both in I am going to take testimony from Deputy Sims first because Deputy Sims is the officer in charge of issuing the citation that means he's basically the plaintiff in this matter okay once he has finished his testimony which you are not to interrupt it will be your turn to testify he is not to interrupt you either after I've heard the testimony from both sides I will make a decision based on preponderance of the evidence as I stated before that is a 49% to 51% standard so basically whoever testimony is slightly more persuasive this is not a criminal case it is not Beyond A Reasonable Doubt in this situation so do you do you comprehend everything that I just said I do comprehend thank you okay raise your right hand Deputy Sims and Mr Smith you will have to tell me when it's raised if you're not turning your camera on it's raised do you swear or affirm that the testimony you are about to give is the truth the whole truth and nothing but the truth to the best of your information knowledge and belief Deputy Sims I do Mr Smith yes thank you okay Deputy Sims you may proceed with your testimony 1117 20124 about 3:00 a.m. um my partner and I observed a black for fusion um is on Ford Boulevard I believe it had just turned on the Ford Boulevard um with ten Windows proceeded after the car it turned into the gas station there on the corner and we followed it into the gas station and proceeded towards one of the exits um before it returned to the road the driver Mr Smith exited and began yelling at us at that point in time we activated our emergency lights and conducted the traffic stop there um we made contact with him explained the reason that we had followed behind him um and then and when I approached the vehicle I looked in the vehicle and I observed a fire I'm on the passenger seat um at no point in time during that did I hear I have a CPL um until after the firearm was located um he was detained his CPL was verified he was issued the citations and released and did you have any evidence or uh Witnesses or or any other testimony that you wish to present none of this time okay thank you then Mr Smith it is your turn um I want to mention there's no damaged property or a victim under sworn oath um also uh I believe I was being racially profiled uh I had been pulled over which I did stop and um I was let go because I wasn't suspected of any crimes just as I wasn't suspected of any Crimes by him as well as he mentioned um we had sat um in the intersection um which I was in the middle of a door Dash and I wanted to get on my phone to see where I was at um when I looked away from uh my phone I seen him the officer and another deputy or whoever it may have been an officer also sitting in the middle uh intersection for about 30 seconds maybe to even 60 seconds so he could see me through my windshield while I believe it was racial profiling uh considering the area we we were in wasn't the um best area um so when I pulled which I did use my turn signal and it was a a stop sign or it was a it was a it was a light a signal light so when the light turned green I turned right with my turn signal I also turn signal into the gas station which I was going to stop to check my phone because like I told the officer that had pulled me over 10 minutes before which I'm sure he heard on the um radio call um I was door dashing which I had admitted to both of the officers um he called another officer in response um to what he calls me pulling myself over he never admitted to pulling me over he said I pulled myself over um I got out the car to explained myself that I was door dashing and that I felt like I was being harassed because I was just previously pulled over um I did not have a firearm armed person and he didn't have a reason to uh suspect me of any crimes or try to search my vehicle I was um illegally searched on person uh without my disclosure I told him I don't um consent to any searches and they were digging in my pockets um I have a legal um license and uh I'm not suspected of any crimes so um after he said I pulled myself over um he flashed his lights and they kind of like grabbed me up and uh I feel like they um assaulted me in a way and um after he figured out that um I did have a CPL disclosure which he never gave me time to uh disclose because it was not on my person so I didn't feel the need to because I was not present in my motor carrier for him to be in any type of danger um after he sat me in the car uh which I feel like I should not have been detained that way um for about 15 minutes um they let me let me be on my way with a citation and I don't believe I deserve the citation and he doesn't have any um evidence of the situation it's just a presumption with no material does that conclude your testimony yes and did you have any evidence or witnesses that you wanted to present I have evidence on my uh phone of me asking him um you know what their badge numbers was which they didn't really want to disclose um so I had to look it up on the internet uh I have a dash cam but it was not running at the time so before we continue I do want to apologize because I did actually have the equipment violation citation as well that is for the window tin so did you wish to address the window ENT specifically um that's just how the car came I bought it that way um straight from Ford so it's three in Michigan yes Stephanie Sims since I don't think I specifically asked you about the tint either because I had misplaced this on my desk do you wish to address the window tint yes ma'am I'm sure you're aware that no vehicle that comes from the factory has front window 10 on it um during his first testimony he admitted to having window 10 said that we saw him through the windshield which is not possible at night but um he admitted that there was 10 may I add something you may there's uh they didn't test any window tent for any type of um any type of um Darkness issues or anything like that it was just kind of um an excuse um because that wasn't the first reason that he told me that he pulled me over it wasn't for window 10 and you can disclose that through the U video of his own body cam they said that they pulled me over because he presumed that I was trying to turn around in the parking lot or evade him but I was door dashing like I told the officer that pulled me over before so Deputy Sims I believe when you testified a moment ago you said you had noticed the window tent did you want to respond to that to me please I guess what are you asking you had stated that uh you initiated the stop or at least you started to initiate the stop based on observing window tint is that correct so yeah I mean I was with my partner so there's also the part of he came off of hom Holes Road if I remember correctly turned right into the parking lot and then cut through the parking lot to go back on the homes Road it didn't seem like there was any intention of him trying to stop of the store or anything like that so he's also cutting through the parking lot may I add you may I did not try to cut through the parking lot as I mentioned before and pro to the officer before I was door dashing and um if I would have been on my phone then he would have tried to get me for that as well so I safely pulled over to where I could um where I was and it was his presumption that I was trying to turn around in the parking lot but my car wasn't parked okay thank you give me just a moment so the court is ready to make a decision in this matter so in regards to the B ticket that is the equipment violation basically having uh obstructed Vision with window tint at this point the court is finding you not responsible for the window tint Mr Smith because based on just the testimony today I don't think there's enough established to confirm whether or not the uh window tin would have been in violation now regarding the a citation that being the failure to disclose the CPL the court is is finding you responsible in that matter and that is again based on MCL 28.4 425f basically an individual licensed under this act to con to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon your person or in your vehicle may I add please well no because at this point I'm making my ruling and it the pistol was in the vehicle I understand it doesn't sound like you were in the vehicle at this point but you were engaged with the officer and it was your responsibility as the person with the CPL to to immediately disclose that you had a CPL and that there was a weapon in the vehicle so you are being found responsible again this is a civil infraction for first offense there is a fine here of $500 and your license to carry concealed is being suspended for 6 months now what I am going to say is that you do have the right to appeal my decision as the magistrate if you do so within the next seven days the case will be reheard by the judge so how do I appeal you would have to either consult with an attorney or you can talk to the clerks about getting the paperwork I cannot give you legal advice so yeah because I wasn't as he stated before sorry I wasn't I wasn't actually engaged in a traffic stop that was the problem um I got at this point the court has made its ruling this hearing is concluded I believe that concludes the docket this morning do you think this show is educational yes it'll drive people to read books and thanks for hanging out with us on fact or frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell also leave a comment in the comments section tell me what you think and a huge thank you to all of our fax or frauds channel members [Music] if you'd like to become a member click on the link in the description or click join right next to subscribe now if you're still hanging out thank you I appreciate you all why to hit the Thumbs Up Button make sure you subscribe ring the bell and leave a comment in the comment section tell me what you think until next time I'll see you soon