[Music] and welcome to facts or [Music] frauds Matthew is it crusel or cruel crel crusel come on up actually we got a motion today don't we we do you got a motion filed yeah Yes abely actually discuss before the rep needs to pick you up here you don't have to be at the podium but at least have a seat at that table where that microphone is under duress you're under duress how are you under duress well you're honor motion I have there's actually Pro word of since you unsigned by a judge I have lawsuit filed on all this stuff right now which I know that they rece brother wait wait wait I'm just asking a seat at the chair with a microphon oh I understand just okay all right okay so I think this is your motion to dismiss right yes I have a few in there that have been repeatedly trying to which one do you want to start with first well the the recent one I filed um the motion interject swearing in and all that based off the fact that uh I said I was sent a default motion that I don't know how it even got sent out fast it did but it was never signed or anything um I was also defaulted out the fact there was a citation I never even presented a a court appearance you're giving me too many issues you're talking about swearing in you're talking about default judgment what which just pick one issue we're GNA deal with them one at a time so what do you want to deal with first yeah the default okay so was that on the Civil infraction uh failed to disclose the CPL um I suppose that's what it was under yes okay well don't suppose it's your motion brother tell me what it is well it keeps getting I have numerous hold on that's the only civil infraction I see with your name on so I'm just confirming that we're talking about that yes okay so do you know why the default was entered did you miss a deadline did you well they I was actually I was notified I was called by um people that I know with in Heron and the police chief stating that I had a missed appearance date I never had an appearance date scheduled but I went back looking at the citation there was no date and actually how fast it got issued would raises real concerns to me and then once I received the default in the hold on let's one take one thing at a time so you said you never got an appearance date correct do you have a copy of the ticket because I've got a copy I said it's in there it's attached to my motions okay do you have a copy of the ticket okay then I'm GNA ask you to look at that copy of the ticket because my copy of your ticket says contact court for appearance day yeah it says contact for appearance state where it says appear where it says appearance state on or before there's nothing okay frame it says contact part for appearance date that means the monkeyy on your back to contact us I will ask so also on the bottom of the tickets it says if you do not if you fail to contact core within this specified amount of time there was no specified amount of time on here I had no idea when I supposed to contact the court I was dealing with trying to get my let me ask you this did you contact the court I was I was in again as I said I had no no sort of any time frame contact Mr Cel this is gonna go a lot easier on everybody if you just answer the question I asked I'm going to give you plenty of chance to give me any argument you want to give me okay so don't feel that you have to force your argument into every question I asked the question was did you contact the court well your honor I would have contacted the court if I had a specified that's a yes or no so I'm going to take that as a no you didn't contact the court so after 14 days on a civil infraction if we don't hear from the defendant we enter default it was less than that actually when I was defaulted your honor less than that from what from whenever this was issued and like I said I was Conta once again I'm going to draw your attention to the ticket my ticket which I think is the same one you got is dated February 3rd correct okay so that's when it was issued February 3rd correct so when was the default when did you get notice of a default um actually I received I'm sorry I know I got the thing in the mail when did I get this this says that I don't it specifies a date well did you make it out when you receive this told me this said I had a I don't I don't remember exactly what date I received this in the mail but this was scheduled for March 8th okay so that was even less than but what is that that's scheduled this says it was for my order of the motion affidavit saying that I was defaulted and saying that I needed to pay Bond and an orange a warrant would be issued and I said again that was never and that's dated what this was dated 38 that I needed to appear on or before 38 okay so that was March 8 you were defaulted February 22nd okay which again again there was no dates I had no nothing I had no notice of any sort once again you're not hearing what I'm telling you the monkey was on your back the ticket clearly said you contact us you never did and it also specifies right here if you fail to appear by the date specified and then on the bottom one even for the other one if you failed to answer citation by dates specified there was no dates okay there was no dates okay do you have anything to add I do your honor uh Mr Cel brought this up when the referend to honorable Judge Martin she get set aside those the default on the Civil infraction irregardless of whether or not he showed up which I object to the sir do not interrupt the lady did she interrupt you no then don't do that let's be civil go ahead thank you judge green Mr Cel did bring it up again with the honorable Judge green and she she declined or denied his motion based on the fact that it was moved because the Judge Martin set it aside so the default already been set aside yes brother why did you just waste five minutes of my life since March 14th which I object to that because there you object to your motion being I object to them setting aside my motion and I no no no wait wait listen she tells me Judge Martin set aside the default based on your motion yes but I was never told any of that prior to any of that so you want to argue about the fact that you got what you asked for no what I'm saying is the fact that the due process was violated is what happened in this whole Pro when I was default the due process was violated so what she set it aside not listen when okay we set aside it cause damages to me because of what happened with the default well explain to me how you were damaged first off there's threats made against me right clearly threatening me to about threats I said how were you you said you were damaged I'm asking you what was the damage about the fact that I was threatened to come in and pay money or warrant and I was being threatened by here on police which I have on record what's the damage what do you mean the fact that I had to come in and pay money or I would have been there have been issu what money did you pay huh what money did you pay 280 bucks I had the receipt and everything it was all attached to my motions they just keep trying to set it aside and judge green never said a word to me about any of that it's been set aside Council just said Judge Martin set aside the default so what that means is procedurally it's like it's a brand new file understood yeah but that's according yeah but that especially now with the new Shevon over that's just saying that she can she's just trying to set it aside that there's no issues she didn't try to set aside she sat it as she can't she can't just set my rights aside she's not setting your rights aside she set at the fault aside because you asked her to well so if it said was aside then the money should be returned correct well I don't know did she address the money I don't no she never did no one did IED my motion sir I'm going to hold you in contempt the next time you Cut Her Off the first contempt $100 the second contempt a day in jail are we clear on the ground rules for my courtroom is that a yes for the record okay I'm giving you all the time you need to talk don't talk over her okay understand I'm sorry there's just been a lot that's been going on with this and I'm the first time I'm seeing it so I'm trying to get to the bottom of you're right all right so we started with what motion do you want to talk about first you said your motion to set aside that def fall that was granted by Mark is what I'm hearing from the prosecute so that motion's done would you agree as long as my money gets returned then I guess it's Tak Care at some point trust me your money will either get applied or returned next motion you want to talk about the dismissal based off of fundamental violations of my fundamental rights and due process okay well tell me tell me more you have hold on let me let me just cut those you have more than just the fact that you think you have a right to travel yes your aor actually that's denied I'll just cut to the chase that's denied I don't buy into that argument now you can appeal that decision to the Circuit Court you understand how that works District Court decisions you can appeal absolutely okay hold on I've denied that motion we're not going to talk about that motion because I've denied it based on your argument that you have a right to travel and don't need a license is there anything else you want to hang your hat on for dismissal well I do object to the setting aside of my motion your aor I'm not setting aside your motion I'm denying your motion well denying I object to the denying you can't object you can appeal okay I'm just letting you know I'm stting for the record that I am objecting to your denial of my appeal that's fine Circuit Court judges have bills to pay too right so you appeal me to the Circuit Court do you have any other argument why these cases should be dismissed yes AB well honestly you're hon like said I have lawsuits they received my lawsuits to here on Township police department overall I don't know anything about lawsuit how would you suing the the township work as a reason to dismiss these charges because the initial traffic stop and everything was unlawful stop from the G I was nothing to do with your lawsuit that might be the basis of your lawsuit so you want to talk about whether or not there was a valid reason for stop absolutely then make the argument you're honor so prior to the um prior to me being pulled over by this officer I was actually um in contact with several law enforcement officers that our friends and actually two that are currently working within hon that had um confirmed I had every lawful right to be doing what I was doing the one even pulled up to me and my wife at a gas station and we in town and we are in si and middle about right near actually to where I got pull over and we had discussed it and talked about it went on about our day and this was all prior to this incident I had had two other interactions with this officer where I had specifically told him I've already been I've already been confirmed and doing lawful I'm well within my lawful rights I have it documented you need to go talk to the sergeant that I've been talking to and a couple other buddies right I I gave him that opportunity it was shortly after and this I had had that confirmation well prior to me even being pulled over okay so then um this officer seen me leaving my house pulling off my dead end dirt road proceeded I like I said I even told him I've already had this T I've already this you need to go talk to the sergeant right chose not to pulled me over walked up just started demanding ID and everything for me wouldn't identify himself none of that good stuff and then now this is where it's all led to and I informed him I have body cams I have my own recording I said I have I have a lot okay but you started out by saying you wanted this dismissed because there was not probable cause for the Stop correct okay and then you went on to tell me how there was a obviously a difference in opinion within the department about whether or not what you were doing was legal or not well I is a fair summation what was that is that a fair summation of what you just said some of the officers that you talked to said you could do that and obviously they off to wrote you the ticket didn't think you could correct okay so that's a difference of opinion there which has very little if anything to do with the probable cause for the stop so I'm going to let the prosecutor explain her position on probable cause AB go ahead thank you honor requ this court just the case because of the accusation that operating an on the roadway constitutes of BL violation of his first amendment rights an improper attempt to regulate cons in his most recent motion he does accurately S Terry ver Ohio as controlling um this was plain stop uh well hold on hold on his argument is there was no reason for the Stop he does site Terry and okay um because people submit that the investigatory stop exception in terse Ohio controls validity of the traffic stop an officer may stop and briefly detain a person on the basis of reasonable suspicion that criminal activity is Ed uh defendant claims that he was stopped legal justification rather defendant was stop for operating ORV on the roadway in violation of MCL 324 81122 as adop by Township ORS uh pursuing to United States Ferguson so long as the officer has probable cause to believe that a traffic violation has occurred or was occurring on Authority um I'm sorry the resulting staff is not on law hold does not violate on authority of state law and Township ordinance personal shall not operate an ORV which is not registered upon a public Highway Street or right away on the date and time of the offense the defendant operated an R&B which was not registered specifically an ATV on road a public Highway in here on Township additionally during the course of the investigatory sta could to provide driver's license and failed to immediately disclose that he was a valid CPL holder and carrying a firearm which is why he wasited all right which I object to the hold on hold [Music] on all right so the one misdemeanor is operate the RV on the worldway and the other one is failed to display a valid license okay all right so that that's her response to your argument they didn't have probable cost what's your reply to her response well I object to her terms of operate they have no there's no evidence that I was operating anything okay let me stop you I killed that when I said the whole traveling thing doesn't go anywhere with me operating and traveling as you define operating or if you Define traveling we Define it operating so hold on I've already ruled on that issue you can appeal that decision to the Circuit Court we're not going to plow that field again so now we're talking about probable costs what I just heard was the the township has an ordinance that says nobody can operate an ORV roadway would you agree that's an ordinance in the township your honor I may agree yes or no M yes I agree with that okay stop if that's a valid or argu or ordinance and when I say valid I don't mean if it's constitutional if it's you know stood the test of a challenge I mean if it's on the book all right if it's a valid ordinance and the officer sees you doing what that ordinance says you can't do and he pulls you over that's plenty of probable cause for the stop so your motion to dismiss for lack of probable cause is also denied do you need me to clarify that ruling for your appeal reason Yes Yes actually because you're honor I object your objections mean to me okay I don't care what you're objecting to you I don't expect people to like every decision I make that's why there's pellet process so you keep saying I object I object I object I don't care all right it's not helpful for today's process my decision to to deny your motion to dismiss based on lack of probable cause is because there was probable cause because there was a clear ordinance on the books that the officer thought you were violating that gives the officer a reason to stop you you have any other reasons why you think these matters should be dismissed today yes absolutely first off they're trying to label what I my private property is an ORV it was not an ORV and it's not even technically an ORV if you look up the definition of ORV is not an ORV if you look up the definition of automobile or vehicle or any of that sense that's what it fall under does not fall under an ORV they're just trying to label it as an ORV is what is happening okay that seems like that would be an issue for trial for you to testify maybe me to see some photographs maybe the officer to testify and then I'll decide whether or not it meets the definitions of the statutes would you agree with me because that seems like a triable issue I suppose yes okay well this isn't the trial well I understand I don't think it's scheduled for trial right this just motion all right any other issues that you want to hang your head on is why it should be dismissed it being these files well I said I from from the begin is like the officer had already been notified two times prior to this that what I was doing was lawful that what I was doing was not an ORV which I had stated to him witness to that as well with respect with respect that's all your opinion obviously the officer had a different opinion about all those things well officer chose to retaliate against me is what happened which I have the evidence and I have witnesses going on or he had a difference of opinion about whether or not you were driving an R RV or just didn't understand his the laws the act that could be too but guess guess who gets to make those decisions at trial well I would would obviously you a trial I'd request a jury trial which is guaranteed well you can't get a jury trial on the Civil infraction but you can certainly get a jury trial on the Mis absolutely okay um do you have anything else to be discussed today on motion day yeah as far as to disclose the CPL um like I said within and I have again stating I have the body cams and I have my own sir stop that's going to be an issue at your formal hearing whether or not you violated that civil infraction once again I got to have evidence right I got to take testimony I'm going to hear from you I'm going to hear from the officer that wrote to ticket and then I'm going to decide at formal hearing whether or not what you did was reasonable or not reasonable but today just motion day today's not the the trial no testimonies being taken oh I understand that okay anything else today well I guess best no but like I said again for the record I do object to moving forward I do object to anything moving forward from this from this point file your appeal no that's fine I will file your I'm going to that's fine okay all right now the 200 let's get back to the $280 we'll we'll talk talk about a jury trial date are you going to represent yourself at a jury trial yes joh good luck um okay so was the $280 posted as a bond when the initial default happened I believe so I know do you have any record of $280 because we're not getting receipts fil anymore I have the receipt right here you're okay okay I'll return your 280 today anything else today all right let's talk about a date for jury trial September 16th or September 23rd they're both Mondays 23 8:30 all right now Mr Cel I'm going to strongly suggest that you get an attorney involved in this um and we've got couro attorneys so be happy to talk to you from this standpoint I'm not taking you to law school on the jury trial day I'm going to assume and treat you accordingly that you know the rules of the game understand you don't oh you might you might say that you don't understand the rules okay how many jural trials have you had n but I have all the evidence how many jury trials have you had your honor none but I have all the evidence the evidence isn't the rules there are a lot of procedural rules that will trip you up if you don't know what you're up against and you don't I'm going to suggest to you that even if you want to handle your evidence presentation yourself you might want to get an attorney involved to help you with the procedural rules because once again I'm not going to take you to law school that day I'm not gonna I'm not going to subject the jury to that it be would be a waste of their time you understand that all right now and I'm not trying to talk you out of a jury trial believe it or not I'm trying to save you from yourself up right now if you want to have a bench trial I will be much more lenient with you not knowing what you're doing procedurally because then it's just our time but when it's a jury in here I'm going to run the most efficient jury trial I can and that means I'm going to treat you like you're an experienced lawyer and know all the rules okay all right all right so if you decide number one that you don't want a jury trial you want to do a bench trial let me know long and advance of that date so we can save it for somebody else or two if you want the assistance of an attorney I will give you the ability to talk to one of our quarter appointed attorneys and see if they can assist you in the manner you want to be assisted okay understood yes honor any questions no anything else have a nice day some people are dumb really and thanks once again for hanging out with us on Factor frauds make sure you hit that Thumbs Up Button you're subscribed and ring that Bell also leave a comment in the comment section tell me what you think and major thank you to all of our faxer FRS channel members one is thank you if you'd like to become a member just hit that join button right next to subscribe or click on the link in the description now if you're still hanging out thank you I appreciate you all why not hit that Thumbs Up 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