Then we'll stick a box underneath the bottom. Share this. All right. Lab left >> left. Oh my god, it's already starting. >> Okay. Okay. Okay. Hi everybody and welcome once again to my show. Hang on. I don't think we can see it. We'll put another box under the bottom chair, you >> Hi everybody. >> And what a show we've got lined up for you tonight. >> We've got everything. Hi, >> welcome to facts or frauds. We have uh the defendant Vincent Luis Haynes. He's facing two charges, expired registration and failure to maintain financial responsibility. And in July, he filed a a notice of abatement and a motion to dismiss. Mr. Haynes, um, can you please There you are, Mr. Haynes. They're unmuted. All right. So, Mr. Haynes, do you wish to summarize your motions at this time? >> Uh, yes. >> Go ahead, sir. In my uh in my uh notice of abatement, I am asking for uh the court to show that it can uphold the constitution. Uh in reference to article 6, um I am basically stating that I am a uh natural person. You know, I'm in the court even currently right now with uh my Lord and Savior Jesus Christ. And uh and I the the the the notice of abatement just goes to the heart of the matter as to the jurisdiction um both subject matter and personal jurisdiction um and to make sure that you know these these proceedings are done uh to assure uh equity and fairness. Um, I I I I realize uh that this court may not provide a remedy for me. And so at that point, you know, I'm asking for a junctive relief if that would be appropriate. >> Mr. Haynes, you're using terms that are civil terms. This is a criminal court. These are class C criminal charges which carry a fine as their punishment. This is not a court that gives a remedy to a defendant. You are charged with a citation. You are charged with a crime based on uh the actions of a police officer. >> Who who did I? >> No, sir. Sir sir, sir, hang on. I'm not done. I'm not done. So, I want to make sure you understand you're using civil terms. You the the rules that apply in this court are the Texas rules of criminal procedure. and and those are the rules that dictate how the the hearings and trials will proceed. And it is the Texas laws which grant this court jurisdiction in these matters. Make sure you understand that. If you wish to continue to summarize anything, you may, but I want to make sure you understand you're using civil terms. This is a criminal court. >> Okay? Even in a criminal matter, ma'am, I still have a right to face my accuser. again with with that's what the uh obeyment was about. And who accuses who accuses? >> Sir sir, hang on a second. You you haven't gotten to that point yet because this is a first setting and if you plead not guilty, you will have there will be a trial. But as you've seen here tonight, many people plead no contest or are guilty. Therefore, there is an opportunity to hear and have all the accusations presented in court. You just hadn't got have not gotten there yet. >> Yeah, I don't understand that. >> Okay. Well, Mr. Bishop, does the state have any response to the abatement motion? >> Yes. And I'm I'm just seeing this motion for the first time tonight, but it appears he says that the court lacks subject matter jurisdiction over this ticket and therefore the action should be abated. And I'm summarizing that. Uh and um the state's response would be that this court has jurisdiction to hear citations for traffic violations and class C misdemeanors in the city of Dworthington Gardens. And so it appears these tickets were all alleged to have occurred in Dworththing Gardens. And therefore the we respectfully request that the defendant's motion be denied. your your motion for abatement or notice of abase abatement um >> it's a notice >> your notice of abatement is filed sir but there's no action that this court is going to take at this time and um you have you have filed a motion to dismiss before we go into that sir there's a couple of things that I want to make sure to put on the record you've you've been here in the the Zoom courtroom tonight at the start of court I went over rights and options that defendants have. Did you hear those rights and options, sir? >> I heard the rights and options as pertaining to those particular defendants. Yes. >> Yeah. Those to every defendant set here tonight. Do you have any questions about those rights and options? >> I mean, I don't understand them pertaining to me. >> Well, they pertain to you because you have received a citation and they're charged. You're charged with this offense. You may not agree with it and you may not like it, but they apply to you because you were in the the city of Dworth and Gardens and received these citations. So that's how they apply to you. Now, as I warned everyone at the start of court, you have the right to be represented by an attorney. And if you wish to have time to consult with an attorney, please let me know and I will give you a pass until next month's docket. Otherwise, if you do not have an attorney hired to represent you, you will be held to the same standard as if you were an attorney. So, at this time, sir, do you wish to represent yourself or do you wish to have a continuence to consult with an attorney? >> Uh, I'll represent myself. >> Okay. All right. All right. And if you do not have any other questions about the rights or options that I went over at this time, we can proceed now to the motion to dismiss if you wish. If you wish to present that at this time, you may summarize your argument for the court at this time. >> Uh the motion to dismiss uh comes from the fact that I put a motion I put a notice of abatement in and I never got a response from my notice of abatement. Um just basically asking the court, you know, for its jurisdiction. you're you're explaining how your jurisdiction kicks in, but it's not relating to what I'm saying. I don't go by misnomers. Um, and I seek, you know, the honorable court um to apply fairness, you know, and equity. Uh, this court does not state whether or not this is a court of equity. You're telling me right now that this is a criminal court. You're saying that this is a criminal case and you're not really presenting a a crime that as that I see that would be uh tantamount to criminal proceedings. Um but again uh uh everything is laid out in a motion to dismiss. Um, and I feel that it is warranted um because the court does lack subject matter and personal jurisdiction in this hearing. >> Response from the state, Mr. Bishop. >> Motion to dismiss should be overruled, your honor, denied. State has jurisdiction here. This individual was using the uh roads or highways of the state of Texas and by doing so as driving being a privilege not a right was bound by the laws of the state of Texas when driving. The allegation is he has violated those laws and so this court would certainly have jurisdiction to hear that's or those citations. I believe there are two of them. One is registration. The other one is failure to maintain financial responsibility. >> Court has heard the has reviewed the written motion to dismiss. Has heard the summary from the defendant, Mr. Haynes. Response from uh >> I object, your honor. >> I'm sorry, sir. What did you say? >> I said I object >> to what, sir? Um because there's no city, state, or government that should make a rule or law that abridges my right to the freedoms and the privileges of the continent or the land of the United States. I I'm a naturalb born man. >> Okay. Sir, that constitutional right to be >> sir, you need sir. I I've heard the objection. Your objection is overruled. All right. Your motion to dismiss is denied at this time. The allegation in the citation which you signed states that you uh committed two violations on a lo in a location that is within the territorial limits of the city of Delworth and Gardens. Sir, sir, you need to cry. Listen, within Taran County, within the state of Texas, that establishes subject matter jurisdiction for this court to hear this matter. The court has not made any ruling in regards to guilt or innocence at this time. However, that does give the court authority to hear this case. Therefore, your motion could dismiss is denied at this time. >> Now, you have the actual ticket, ma'am, that I mailed back in. I don't know if you mailed it back in or not, but I I have the I have the copy that you received notice at the time and that you signed it and that is all that is required. >> I signed it under the rest as well. >> All right, sir. Are you ready to proceed to trial tonight on your cases? >> Proceed to trial tonight? >> Yes, sir. This is the contest docket. You indicated you wish to represent yourself and you are facing the two charges of expired registration by jury ma'am. It's in the still everything. >> Well well we're going to get to there. So So to the charge of expired registration, how do you wish to plead, sir? Guilty, no contest, or not guilty? >> I make no plea, ma'am. I'm not pleading. I do not accept your jurisdiction. Well, that's the step to getting set for a jury trial is if you're going to plead not guilty. Are you pleading not guilty and requesting a jury trial? >> There's no plea that I'm making. Um, >> therefore, the court will enter a plea of not guilty for you and you've indicated you wish to have a jury trial. Is that correct, sir? >> A jury trial? Yes. >> Okay. So, entering plea of not guilty, setting you for a jury trial. So, we are going to set you for a pre-trial docket and that will be September 3rd at 700 p.m. You will get a written pre-trial order. You need to read it over. It explains what you need to do and the timing. If you have any motions that you want the court to hear as far as discovery or anything of that matter, they needs to be filed at least 14 days before the court before the pre-trial hearing. If you have any evidence you wish to be able to present to the jury, you need to have that marked and filed with the court according to the pre-trial order. Once we have the hearing on September 3rd, you will be scheduled for a jury trial, which we have during the day. So, make sure that when you come on September 3rd, you're aware of your schedule and any conflicts that you might have for September and October. You will get a written uh pre-trial order and you'll get a reset notice. We'll see you back here on September 3rd at 700 p.m. You are released at this time unless you have any question regarding the scheduling. Sir, >> you say back here? This is going to be on a Zoom call again. Yes, the the pre-trial will be on a Zoom call. Yes. >> Okay. And I'll have uh instructions relating to all of this as well. >> It'll you'll get it all in writing. It'll be signed by me and you should receive it early next week, if not earlier. >> All right. >> Okay. Just watch your email. Check your spam folder because there will be some attachments. So, they might go to spam or junk if you have that. All right. >> I have any questions? I'll make sure I call your clerk. >> Call or you can send them in writing. Either way. All right. All right. >> Okay. This concludes your hearing. You're released at this time. We'll see you back for your pre-trial hearing September 3rd. >> Yep. >> Hi. Well, that's just about it. So, so thanks for watching and we'll see you again real soon. And thanks for hanging out with us in fact frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section telling me what you think. [Music] Fact, fact. Actually, I wish you could see the studio floor right now. There's nowhere more fascinating after a show. Everyone's so busy like like bees or white Anglo-Saxon Protestants. And a huge thank you to all of our Facts 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. There's electricians all rolling up their cables. Whoops. Sorry, guys. And there's the sound technicians unplugging all the microphones. Okay, if I keep mine on for a minute, Na'vi, stand up. >> Now, if you're still hanging out, thank you. I appreciate you all. Why not hit that thumbs up button, make sure you subscribed, ring the bell, and leave a comment in the comment section. Tell me what you think. Until next time, I'll see you soon. And of course, there's lots of the producers friends all excited, waiting to meet the stars, and generally getting in everybody's way, just like our producer. No, we don't mind. Oh, and not forgetting the prop guys. They're busy striking the set. That's an interesting little point there. Striking. That's a word we all use in the biz for dismantling the set, taking it apart, unscrewing things, releasing safety catches, that sort of thing. Yes.