[Music] and welcome to facts or [Music] frauds your honor uh after having an opportunity to uh consult with Mr Martin um explain to him what a motion for directed verdict would entail uh Mr Martin would like to address this court with a motion at this time I'm going to ask the jury to um stand up all right and ask the jury to follow officer Rose into the hallway and have a seat in the benches out there so we can come back all right so the jury is out of the presence and now the prosecution has arested are there any motions just want to make a record real quick so Mr Martin has been advised by co- counsel that legal precedent is not going to be put forth through direct or cross-exam testimony that this is the proper Avenue and the proper time to make his legal arguments so he understands that again these I shouldn't say what he understands I've advised him that that's what um this motion is for this is the proper venue and that's uh where we're at Mr Martin you Mr Martin you're making a motion for a directed verdict is that correct okay Mr Martin I've advised him that his burden starts with people have not or his argument starts with the people have not met their burden and he's now to explain to the court what legal Authority he has that supports that based on what we've heard today very good Mr Martin a very very sound Foundation has been laid for you by Co councel please proceed as the testimony the bo admitted he did not uh know know whether what I was traveling went 30 m an hour or not up to 30 m hour and does not exceed 100 C he admitted that he did not know that that is both of them elements actually takes one of the elements but you know he admitted to both of them elements he didn't know whether they exist both of them elements are necessary to exist to meet the definition of a mop under MCL 25732 B which makes it clear that's is the definition of one it must go at least 30 mil an hour two does not exceed 100cc he doesn't know as he admitted don't have evidence so there's no evidence that it was even a mop therefore the charge must be dismissed on that alone and I have more all right so let's let's do this for the sake of hel representation and argumentation you say you have more so let me make rulings as to each of those so that the pellic court can take one do what they what they want because like for example if they overturn me on that first one there's no point to go and do anything with the rest so with regard to the fact that you say that this case should be dismissed because the evidence did not show that it was a moped the evidence clearly showed that it was a moped because one officer Borg said he was driving a moped officer Borg is a person who I think I I don't I don't know any person who couldn't recognize a moped now you're talking about what what what is the legal definition of a moped that you can find in some statute sure I get that whatever well there's some statute that says thing that just if you if you can do 30 miles an hour and you have this many CCs or whatever we'll call it a mop but I also just need testimony all I need is testimony from a competent competent individual who has knowledge of the same of what a moped is he was asked you know did you recognize yeah it's just a common moped as you commonly know or refer to as a moped so for that reason that specific motion to dismiss a motion for direct to verdict is denied on to your next on to your next one I like to say some response and you'll have that opportunity to do so on appeal sir um if I may just address briefly I'm sorry did you I Ruled that clear testimony by Officer Borg he recognized it as a and the statute requires that he's operating a motor vehicle the distinguish the definition for a mopen only applies to whether or not you could get a restricted license he's not he's clearly not 15 to 19 years old so doesn't matter motor absolutely and there was testimony that it was on the road doesn't matter how short or how long it does for any brief time at all if you're operating it on a mo operating it on a roadway it doesn't matter if it's for a millisecond and and so um so for for that reason um as far as the moped goes the moped is clearly you said you drove it off like you said it in your opening State you said when you're testifying commer so it wasn't it definitely wasn't a um wooden U like one of those rocking horses or something like that it was something that actually moves when you make it try to move and you put P buttons or do something and it goes so it was obviously a motor vehicle because you weren't pedaling it you weren't Flint stoning it and you weren't rocking it so it was motorized and it was on the road so your Mo your motion for directed verdict with regard to the definition that you're trying to come come up with but M head is denied your next reason for directed verdict sir is met burden because um as the US court said pack versus Banton page 2 59 44 supreme court reporter page 259 I copies here to give the get one of these Supreme Court quote you can tell it's I typ all right the streets belong to the public and are primarily for the use of the public in the ordinary way they're used for the purposes of gain is special and extraordinary and generally at least may be prohibited or conditioned as the legisl being us profit so as they're saying the legisl regulate the use of the roads when it's being used for profit as Borg admitted he had no evidence that I was carrying passenger property for profit and as the Supreme Court case right here demonstrates I have the right to use the roads long as it's not for profit since I wasn't doing it I was not driving a and also I'm not done with that AR as an extension of part of that arguments all right now the state statutes mention driving without motive I use some terms which is not a current they don't give a real definition over doing 20 years um I know everything okay where is it at I got okay I'm point and I got copies here so you can see this is right out the law book of slav and prosecutor um okay this 18 USC section 31 sub section 6 and 10 first off let me let me make a ruling on your package versus baton yeah motion so you under Packard versus baton they made they make a quote and there's a citation um to it it's it's cited in amongst other cases as well uh State versus Johnson 24 243 p173 there's Cummings versus Homes at 155 P 171 Packard versus Banton and 44 Supreme Court 256 there's Hadfield versus London at 98 Washington 516 all of them quote to the same quote that originally comes from Hill House versus the United States that says a citizen has a right to travel upon the public highways and to transport his property there on it doesn't say it you can do it without a license just says that you have you have a right to travel yes but it doesn't mean just because you have a right to travel doesn't mean that there is not a state's right under the health safety and Welfare regulations to regulate those industries that have dangerous things you can't drive a helicopter around you can't drive a spaceship around you can't even even a boat anything that could possibly run somebody over or kill somebody you need to have a license so you keep saying it these all these people on the internet like to keep quoting to it and it's not what it means read the whole case yes you can have a right to travel but the state has a right to license you so for that reason the band sir don't approach my don't ever approach my ex thought I could do listen I don't I trust me you can give it to me all you want I I've read this matter aund times I've read every single one of those cases that I that I that I just quoted to you why because I'm fascinated by it I too am a pure constitutionalist and I almost want you to be right but you're not you can't just travel any way you want to you can't do it in certain in vehicles on public roads without license so for that the your your Packard versus Banton that's a Mis that's a a misstatement of what the actual state of the law is and yes you do need a license the Supreme Court of the United States has never said that you don't need a license that federal statute has nothing to do with you driving in on a road here in michion I approach that I show you this so you can see where for word they say what I just says about hand it to Mr legis the legislator only regulates it when it's being used for profit they said that we're only yes I've read streets belong to the public and are primarily for the use of the Public's ordinary way they're used for the purpose purposes of gain is special and extraordinary and generally at least may be prohibited or conditioned as the legislature deems proper it literally you're literally proving my point it literally says may be prohibited or conditioned as the legislature for no as it me it didn't doesn't say that it doesn't do it at all under the 14th Amendment Mr give you this that's why I read the that's why I read it into the record because you're literally proving my point for me Sir Mr Martin your your motion has been heard the judge made a legal finding on this let's move on move on to the next one us 18 US Federal St made by Congress the fines are more different than the hold on hold on hold on this my I have the copy to I can give it to you Court recorder is making is making a recording I want to make sure that because you start to speak a little you do a little excited and you start to mumble and speak fast I want to make sure that everybody can hear you and that she can make the proper record so you you were about to tell me that 18 USC what was the next part of the section 18 USC section 31 subsection 6 and 10 both of those Define a motor vehicle was one only being used to carry passengers or prop which the evidence shows and as he admitted was not he doesn't have no evidence to sayd therefore was it drive now under article six of the US Constitution can you can you see again you're mumbling mum motor vehicle the term motoric because I'll read it right go ahead go read ter motor says motor vehicle the term motor vehicle this is literally ready the term motor vehicle means every description of carriage or other contrivance propelled or drawn by mechanical Power and used for commercial purposes on highways in the transportation of passengers passengers and property or property and cargo okay so now cat up on ad sure okay now let's go down let's go down to paragraph 10 and get the definition of used for commercial purposes the term used for commercial purposes means the carriage of person or property for any Fair fee rate charge or other consideration or directly and indirectly in connection with any business or other uh undertaking intended for profit but you're you're you're talking about this this section 31 and what is the what is the whole section 31 about now exactly de said it's about the definition Mo now article six of the Constitution point out makes this because article six makes it clear laws of the United States which means federal statute such just this along with treaties and the US Constitution is supreme law of the land so this definition is Supreme Over the state law definition which doesn't say this this is why I'm not guilty because I wasn't driving motor may I address that your honor please yeah so uh there is nothing that I'm aware of in the United States that I'm at least aware of that citizens of the United States or natural people or human beings can obtain a Federal driver's license the regulation of roads and driver's licenses has been left to the states with respect to the issuance of licenses and motor vehicle codes to be enforced locally and in the states there are going to be a number of definitions for the word person for the word Corporation for the word motor vehicle as it's applicable to any particular statute and if you pick a federal statute that is applicable to motor carriers and it's defining motor vehicles and what's subject to those regulations then that may be the definition however federal law only preempts local and state law where it takes up the space and the federal government has not taken up a space with the issuance of driver's licensees to the citizens of the particular States that's why you have different rules some you can get a permit at 15 some at 16 sometimes you get a restricted license sometimes all those things it's different in every state that's why Mr Mr Martin Mr Martin Martin everything that Mr greo just stated is correct and it's the reason why I'm denying your motion additionally what you need to do is you need to go to section uh you need to go to 18 USC go to go to chapter two before you get to section 31 because what it says and actually what you need to is you can actually go right to part one because let's give you let me give you the total thing so you can read the whole statuto history it's 18 USC so that's Title 18 part one part one is all the crimes these are all federal crimes every federal crime that you can think of you can find in section 18 so now we go to chapter two chapter 2 is aircrafts and Motor Vehicles so every crime that you could possibly commit using an aircraft or motor vehicle a federal crime is found in 18 USC chapter 1 uh part part two and then you go to these sections the first section is 31 and that's where you find your definition so for everything we're about to say for every crime we're about to talk about here's the definition of an aircraft here's the definition of a vehicle and so you're going to find things like fraud involving aircrafts violence against international airports driveby shootings these are all things that the federal government has made a crime about and they're defining just for those statutes that thing problem is everybody on the internet who wants to be like I got a right to travel look at this look what I found I found this let's take this one statute out of context and just stand on it like it's Plymouth Rock no that's that's the definition for all the crimes that are underneath it 31 section 31 is just a defining statute that defines all the terms that you're going to find in 31 32 33 and all the way down of all the crimes that federally they have um commercial vehicles that are required to stop for inspections unsafe operation of an unmanned aircraft uh aiming a laser pointer at an air craft all these different things that are crimes under the federal law that section 31 is only the definition for those nothing else it's not superseding state law why because under the 10th Amendment anything that's not stated specifically in the Constitution reverts back to the States and its peoples and Congress has made like Mr Greco said has made no effort to say look we're going to create a national driver's license so you can just come and go any where you want you know you want to know why they didn't make a national driver's license because of article four the privileges and immunities when I go to Ohio they can't arrest me for not having a license because I have a Michigan license and when Ohio people come up here we can't arrest them because they don't have a Michigan driver's license under the privileges and immunities there's already a constitutional provision that allows for licensing whether it's your license to carry a firearm or whether it's your concealed weapons permit or whether it's your you know hunting licenses and things like that sure you got to go right to those States why because that's their state they still have sovereign powers they still have their own constitutions so your definition from 18 USC section 31 you're skipping the two parts that are in between that and those two parts that are in between that are part one chapter two which tells you exactly what 31 is doing okay so for that reason it's denied you can take it up on appeal your next reason your next reason for directed verdict yes now this is another case Pickerton versus ver Michigan Supreme Court decided in 1889 and I have the pages here to give to you you show P I don't need you to give me any copies of anything sir 584 quotequote they say personal this is the bond the right to travel personal Liberty which is guaranteed every citizen under our Constitution and laws consists of the right of local motion right not privilege okay to go where one pleases and when sure you just can't do it by car tonight they never they never said that so you just can't do it by carard they did not say that you can walk yourself anywhere you want to when and how you want to do it you you can skip you can do somersaults you can cartwheel use car use a car motorcycle deny sir you're not going to get argumentative with me I've already told you that that's denied there's no that's not a legal argument I I admitted that yes you have a right to travel you can't do it by an unlicensed driving of a vehicle I finish reading the mission Supreme Court code that one's tonight same reasons that I've already denied that I got other cases based on the same laws and be repetitive EV and I'm not I'm not going to you're not going to just keep coming up with a different case that says the same thing that says a right to travel because I admit yes you have a right to travel you just can't do it by any sort of mechanical means that they need to license whether it's by boat or automobile or helicopter or spacecraft or whatever the Jetson thing would be um any of those things I'm sure you're going to need a regulation why because those things can kill people if they don't do it right walking I don't know anybody who's walked and walked into somebody else and they ended up dying because they collided so pretty safe with that one riding a bike same thing so those methods I think you if you got something that is what they didn't do if it's not you've already made your record got oh I do want to so also based on make another motion are to based on you deny all my motions in violation of my constitution rights that's that's um that's not in that's incorrect I'm rulings based on the wall and so I'm not violating your constitutional right just because you don't get your way doesn't mean that you get your viol your violation this isn't like this isn't kindergarten this ISS in kindergarten Court that's not how that works we're not going to do temper tantrums with legal frivolous things and stomp our legal feet with with a bunch of arguments that have no no relevance nor uh substance at all and then you just keep making it and making it and keep making it over and over until I get brow beaten and I we go oh you know what Mr Martin I'm just going to dismiss the case how about that no it's not going to happen it has to be something if you had something that was relevant substantive and right on point I dismissed your case in heartbeat because I've done it before with other cases but you're not just going to keep bringing up the same uh this case says I have a right to travel true it does this case has a right to travel sure it does but that doesn't mean you can do it by non not having a driver's license and operating any kind of motor vehicle so you have any other different arguments here any different argument it's not hey I have a right to travel yeah this one uh okay based move to dismiss this case based on Declaration inde pendence of 776 that was the second motion you made when you first started making next um well I think you may have reshuffled your paperwor so back up to the top I'm move that you be disc from for for denying my motions I'm alleging that there was done violation Constitution therefore you should be recused from the case and dismissed okay to michig Court rule 2.3 any motions I think it's c um any motions to disqualify or heard by the judge who's presiding which is me and I'm denying that motion therefore citation I request I request that you send this motion that you're deny to dismiss yourself to the state court administrator which is supposed to be done by the court rules did have the state cour administrator MCR 2.03 I'm thinking this so for disqualification and it's heard by the judge that's presiding it uh and I am denying that motion you can take that up on on appeal as well that's all the I have on all right think theil yeah before I pull on the Civil infraction um I can keep it I can do FR right now while they're already out so yeah um I think the the um testimonal clearly established that uh he was operating with no proof of insurance in fact he had no insurance uh so the the the of that with regard to the flat tire looks like he did have a flat tire with regard to the said it in his opening statement he even said to the the jury come on really you're not if you're not picking at me why you coming at me about a flat tire he testified toward the end that he did not think he during his sworn testimony he indicated that he did not think he was operable um toward the end because it was flat yeah so uh and the the report when you ran the report on the computer it came up that there's no insurance so anything anything you want to say about that no insurance or the uh M looking for the M right now um clearly makes it clear that sir if you take one more step I swear I'll come over this [Music] Ben Mr Close yeah okay so okay no insurance is required for the MCL I'm looking at right now um for a mop specifically is not reord of no there isn't there isn't at all but when you once you drive a motor vehicle once you take it onto the road because I also teach no fall law at the law school so once you take the once you take any motor vehicle onto the road it has to be compliant with everything else that everything else is on the road so that means you have to have insurance reason I can tell you the great listen I can tell you the great case the best case about it is a kid who's driving his moped on the road and he gets hit and then his mom makes a claim with the insurance company and he gets denied you want to know why cuz is an uninsured motor vehicl soon as he takes that moped on the road boom same with people who take golf carts on the road boom you better have insurance on your golf cart because if you don't have insurance like on an actual like State Farm type motor insurance as soon as it goes on the road you're operating a you're operating a vehicle with no insurance on the road so I nothing further right here sir you can take me up on appeal but I just gave you my ruling of why that does not you're if I may on the other civil infraction I'm going to make a straight pance argument um I would State I understand that there was um miss the tire one because I don't know what the tire look like and I don't know what the tire because if the tire can move then is it defective if it can make my if I can drive on it that's my AR if I can drive on it it's obviously not defective because defective means it doesn't work if I go to use my if I go to use my washing machine and I put clothes in it and all of a sudden I push the button and all I hear is nothing moving well that's as effective washing machine but if it washes my clothes how defective is it if even if it doesn't like in a poor in a poor manner so maybe it's a poor manner type of tire but is it an effective Tire effective Tire won't be won't roll so that's our argument uh thank you so it's responsible on the no proof dismissed on the TI and let's get the Mr Martin let's get the jury back in here again so I am identifying you responsible on the no proof of insurance that's $165 in findes and cost dismissing your defective Tire citation honor officer Bo I think we're done with the testimony and everything so officer Borg does have is free to leave if he'd like to leave yes thank you honor have a good day all right so Mr Martin your closing argument a lot of paperwork to find okay so one this court doesn't have the so-called Court doesn't have jurisdiction for this matter because article 3 section two of the US consti Mr Martin I've already made a ruling on that if you're going to give your closing argument as to the facts that were presented please do that if you're going to give some sort of legal argument that you've already given before that I've already made a ruling on that's not how am I going to make it close the closing AR deals with closing argument is about the facts that you presented you presented facts you got on a witness stand to talk about your facts not not any sort of legal arguments that that have already been ruled on by me I I don't understand more than welcome to have Mr Hadley do your closing argument if you'd like understand years to make my understanding is that closing arguments are about the facts that were presented at trial and you can talk about the facts that were presented at trial and how that plays into your theory of the case if you want to make motions to dismiss and things like that which you've already made denied you're not going to just rehash those in front of the jury because that's not suggest I'm not making motions I'm making legal art I'm talking you're not it's not a legal argument you know what sir sit down Mr Hadley you're going to do closing argument ladies and gentlemen of the jury thank you very much for your patience today I know when you watch these on trial TV trials it's a lot more exciting there's not this weird stop starts so thank you sincerely I know this has been an afternoon quite simply put the people bear the burden you heard evidence today and as the judge will instruct you and it has instructed you this is solely the people's burden they must prove to you beyond A Reasonable Doubt based on the actual evidence that's placed on the record today that this individual violated the statute driving on a license reot now we can recap what we've heard today um we heard from the officer who testified more or less to his recollection what happened I'll make arguments that memories uh aren't perfect you can speculate as to what actually happened that day I mean we do have said the officer's testimony he testified as to his recollection of what happened you heard from Mr Martin we had our two witnesses today he told you what happened now you heard no evidence that Mr Martin injured hurt anyone ran a red lights Eed anything it was as he stated on the stand a victimless type of so while Mr Martin um has again made some very interesting legal arguments to do today what we really need to look at is again did the people need their burden of proof you know was there enough evidence put before you today for you to make that decision um as co-counsel the defendant my position to you today is they have this is it's a very high burden that they must hit they have not hit that based on what they presented so we would ask that you return a guilty a not guilty verdict based on what you've actually seen today so I uh really again sincerely thank you for keeping an open mind as you go through this um really the end of the day I know that this is an individual who believes dearly and the arguments that he has made and the statements in the position he's taken and with that being said this is I have nothing further just thank you for your time yeah just briefly I think the testimony of both officer board and the defendant Mr Martin we met VI it again use officer testimony or Mr Martin own ttim happen that he just disagrees with it but as the jury you need to apply the law this is the case 23510 people versus Eric Martin the jury has deliberated and is now back is there a foreman sir um Mr Foreman has a jury reach ver yes sir uh in the case of the people of the city of Taylor versus Eric Martin on the charge of driving on a suspended revoked license how does the jury find uh we found the defendant guilty sir all right and juror number one Mr uh juror number one is that your verdict yes juror number two is that your verdict yes juror number three was dismissed juror number four was that your verdict yes sir juror number five was that your verdict yes sir juror number six was that your verdict yes juror number seven was that your verdict yes the let the record reflect if they're pulling the jurors individually that the each of them has came to the same unanimous decision of guilty as to the driving on a rolt license I'd like to um thank and dismiss the jurors All Rise the record also reflect I'm going to place exhibit one PL P's one into the court file now we're going to set this for the sentencing date with the PSI or we're moving for immediate sentencing today [Music] violation of the slavery slavery all right so I'll set it for I'll set it for a sentencing date then and the uh I'm going refer to a pre sentence investigation report and you'll be notified by the probation department sir to come in for the pre-sentence investigation report and then um you'll be able to read the report on before the day of sentencing you'll be able to go over that with Mr Padley and U we'll see everybody at that time move to St it based on appealing the issue of be appealing it I can't give you any legal advice sure I request to be appointed appointment of council slave for peal these issues well Revenue has been denied in this cour is record on no we're off the Record told get you're going to get a PSI I want to be pointed there's no appeal yet the case isn't done yet you haven't been sent the issues that well you haven't been sentenced yet then after the sentencing then the case is done then you go to appeal I have a right to interlocutory appeal appeal the denials motion I can't give you any legal advice sir all I'm telling you is that you better show up for the PSI and for the sentencing date and you can do whatever you want on all right this concludes this uh matter but more yeah much more than [Music] this I did it my anybody out there from Wala Washington my anybody out there got a birthday tonight way well there were times H yeah I've had a few when I've been off H yeah more than I could choose but through it all when there was I ate it up and SP it out I don't remember how the rest of it goes and thanks for hanging out with us unfactor frauds make sure you hit the Thumbs Up Button you're subscribed and ring that Bell for notifications so next time premere a video you can me to live chat with everyone else and leave a comment in the comment section tell me what you think and a huge thank you to all all of our facts or frauds channel [Music] members and if you're still hanging out thank you I appreciate you all make sure you hit that Thumbs Up Button you're subscribed and leave a comment in the comment section tell me what you think until next time I'll see you soon