Transcript of Electronic Recording (TER)
CR143, Item 5c
Attachment: CR-143, Item 5c In this case, the defendant did not testify on his own behalf. However, there was significant colloquy between the judge, the officer and the defendant-as-attorney (in propria persona), in cross-examination and otherwise. The trial was electronically recorded by the court. As complete a record as possible is essential to provide sufficient support to the points on appeal upon review; for a pro per appellant, it also allows the possibility of raising additional points—which may be discovered after the proposed statement has been filed—for consideration in the opening brief (Cal. Rules of Court, rule 8.916.) To that end, a compact disc of the official electronic recording was obtained by the appellant and transcribed by him to the best of his ability. This ‘unofficial’ transcript is attached here as Item 5c. It consists of 36 pages and attempts to adhere as closely as practicable to the “Minimum Transcript Format Standards” of the Court Reporters Board of California. (Cal. Code of Regs., tit. 16, § 2473.) Any inaudible or indecipherable portions were of a few words at most and are shown as “[inaudible]” in the transcript. Occasional timestamps, of the form of [mm:ss], are provided to assist in locating a segment if the electronic recording is also on hand.
This transcript will be referred to as “TER” (Transcript of Electronic Recording) with the point page and/or line numbers in citations. Citations in attachments herein refer to this version of the transcript; citations in briefs, motions or applications after the record on appeal is filed will refer to the certified version.
I,
defendant/appellant, declare under penalty of perjury that the following is
a true and correct transcription of the official electronic recording to the best of my personal knowledge and ability.
Date:
People v.
November 2, 2011
Signature: ______________________
LASC Case No.
Appellate Div. No.
Transcript of Electronic Recording (TER)
CR143, Item 5c
1
LOS ANGELES SUPERIOR COURT METROPOLITAN COURTHOUSE DEPARTMENT 67 Hon. Mel S. R
,
Temporary Judge Presiding
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs.
Defendant ___________________________
) ) ) ) ) ) ) ) ) ) ) )
LASC Case No.
Appellate Case No.
As transcribed from the Official Electronic Recording Wednesday, October 5, 2:55 PM APPEARANCES OF COUNSEL: For The People: No appearance For Defendant:
In Propria Persona
WITNESSES: For The People: Officer
(ID No.
)
LAPD West Traffic Division 4849 Venice Blvd. Los Angeles, CA 90019
People v.
LASC Case No.
Appellate Div. No.
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
THE COURT:
2
please step forward.
and the officer on the case
[00:10]
3
THE COURT: Good afternoon to both of you. Basic Speed
4 5
Law charge 22350 for the Vehicle Code: unsafe speed for
6
conditions. You’re eligible for 8-hour traffic school going
7
in. If I should find you guilty and you don’t wish to
8 9
change your plea then your traffic school—your option
10
lapses when we go into trial and you will not obtain 8-hour
11
traffic school if, again, if found guilty. Otherwise, it
12
makes no difference.
13
What do you wish to do, sir?
14
THE DEFENDANT: I wish to continue the trial, Your
15
Honor. THE COURT: Please step——
16
[00:54]
17
THE DEFENDANT: Just a quick question, Your Honor. If I
18 19
have any objections I’d like to make during the officer’s
20
testimony, would you like me to make them or just reserve
21
them until—— [01:02]
22
THE COURT: You don’t need to because you—you—I’ll give
23 24
you a chance to respond to everything the officer says;
25
I’ll give the officer a chance to respond to everything you
People v.
LASC Case No.
Appellate Div. No.
2
Transcript of Electronic Recording (TER)
CR143, Item 5c
3
1
say and we’ll allow final statements of facts so that you
2
can deal with it as we go and I’m going to take notes and
3
pay attention to everything said.
4
[01:19]
Please [crosstalk].
THE OFFICER: Officer
5
it’s M- - - - - - - .
6
Currently assigned to West Traffic in traffic enforcement—
7
in the West Traffic Division. On
8
11/10/2010,
Traffic
Deployment
[inaudible],
9
Wednesday, I was monitoring traffic flow [inaudible] police
10
motorcycle in full uniform, on San Vicente & Curson. I was
11
in the north-east quadrant of the intersection, just off
12
the
13
unobstructed
14
eastbound lanes at the intersection.
street
[inaudible] view
of
18—maybe
westbound
20
feet
traffic
off.
lanes,
Clear
and
also
15
Posted 35 miles-an-hour on San Vicente [inaudible].
16
Observed vehicle westbound number-two lane, red in color
17
and estimated at speed 55 miles-an-hour. Using my laser
18
device, targeted the vehicle—front of the vehicle, pulled
19
trigger,
20
distance [inaudible] reported of 331 feet. At which time
21
vehicle passed and I was able to get behind the vehicle
22
shortly
23
lights.
received
after,
a
reading:
pulled
over
55
the
miles-an-hour
vehicle
with
[inaudible]
the
red
24
Issued citation for 22350 unsafe speed – 55 miles-an
25
hour in a 35 mile-per-hour zone. Critical speed showing 43
26
miles-an-hour for westbound lanes. As you get to Genesee
People v.
LASC Case No.
Appellate Div. No.
Transcript of Electronic Recording (TER)
CR143, Item 5c
4
1
it’s 40 miles an hour. What’s real critical about this area
2
is it’s just divided by a raised concrete median—some trees
3
are in the median. There’s vehicles parked on the right
4
side
5
[Inaudible]
6
always
7
bicycles that frequent San Vicente road—they use that road.
8
Traffic was moderate that day—that time.
and
they’re past
separated
Curson,
pedestrians
in
by
there’s
and
out
a a
in
concrete hospital that
median.
there
area.
and
There’s
[03:42]
9 I
10
have
received
training
in
4-hour——40-hour
radar
11
school, 8 hour LIDAR school—laser school. My laser is PL
12
two-hundred-sixty-nine, it’s a traffic LIDAR certification
13
which I have in my hand. [03:58]
14 15
And also the traffic survey was conducted on 3/26/2008
16
which was good until 3/26/2011, which covered the date of
17
the citation. [04:12]
18 19
THE COURT: Date of calibration on the laser?
20
THE OFFICER:
21
years. THE COURT: [inaudible] you just spell your name for
22 23
Is 9/20/2010, it’s good for three
the record. THE OFFICER:
24
People v.
Yes, it’s M- - - - - - - .
LASC Case No.
Appellate Div. No.
CR143, Item 5c
THE COURT: Thank you. Would you like to question the
1 2
Transcript of Electronic Recording (TER)
officer at this point? THE DEFENDANT:
3
Well, I had a motion first, Your
4
Honor. I’d like to make a motion to exclude evidence not
5
provided in discovery by the prosecution under Penal Code
6
1054.5(b). THE COURT: What was the evidence you claim was
7 8
excluded? THE DEFENDANT:
9 10
all witnesses for the prosecution, which is— THE COURT: [inaudible] a list of all witnesses for the
11 12
Well, what I requested was: a list of
prosecution?
13
THE DEFENDANT:
14
THE COURT: OK, how are you prejudiced by that list not
15
being provided? THE DEFENDANT: Oh, not that point Your Honor, I’m just
16 17
coming to the other things in the request. THE COURT: But you realize there aren’t any witnesses
18 19
Uh-huh.
present in this courtroom on this case, you realize that?
20
THE DEFENDANT:
21
THE COURT: The officer is not counted as a separate
22
witness, so please continue. THE DEFENDANT:
23 24
Oh, there’s the officer, right?
A copy of the engineering & traffic
survey, which was not provided, no response; a copy of all
People v.
LASC Case No.
Appellate Div. No.
5
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
records regarding the maintenance, calibration and testing
2
of the laser unit, not given——
3
THE COURT: The officer’s here testifying to that now.
4
THE DEFENDANT:
A copy of each and every certification
5
issued to the citing officer involved in the use of the
6
laser unit—— THE COURT: Let’s do this. Officer, do you have some of
7 8
that with you? You could show the defendant. THE DEFENDANT:
9 10
certification. THE COURT: OK, do you want to see that, is that
11 12
correct? THE OFFICER:
13 14
I have, I showed him the LIDAR
And I have this one, what a copy of
this is.
15
THE COURT: What do you want to see, sir?
16
THE DEFENDANT: The certifications for the officer
17
regarding his training in radar and laser. THE OFFICER:
18 19
Prior to the testimony I showed him
the LIDAR. THE COURT: OK, good. Then you can let me know what you
20 21
haven’t seen and how you’ve been prejudiced by what you
22
haven’t seen. [06:10]
23
People v.
LASC Case No.
Appellate Div. No.
6
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
THE DEFENDANT: Well, like I said, Your Honor, I see
2
the survey here and the LIDAR certification; I don’t see
3
any of the certificates of training that the officer
4
requires in radar and laser. THE COURT: Well, you’re free to ask him about that.
5 6
Ask him if he has it with him. THE DEFENDANT:
7 8
Do you have the certificates with you,
Officer? [06:34]
9 10
THE COURT: He’s testifying under oath.
11
THE DEFENDANT:
12
THE COURT: OK, as are you. How are you, prejudiced by
13
I understand, Your Honor.
that? [06:42]
14 THE DEFENDANT:
15
Your Honor, I guess this is something
16
I’d come to later, but the reason I’m—it’s not a question
17
of prejudice, it’s a question of law because since the
18
speed survey is more than 7 years old, Vehicle Code, let’s
19
see, 40802(c)(1)(B) requires that the proof of a 24-hour
20
POST-approved radar course and a 2-hour POST-approved laser
21
course be presented in court.
22
THE COURT: And let the officer respond to that.
23
THE OFFICER: I don’t have it with me. [07:14]
24
People v.
LASC Case No.
Appellate Div. No.
7
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
THE COURT: Doesn’t have it with him, that’s the
2
response. Do you have a visual speed on the vehicle?
3
THE OFFICER:
4
THE COURT: We have fifty-five. So your estimate was
It was fifty-five, estimated.
5
the same as the laser?
6
THE OFFICER:
7
[inaudible] test. THE COURT: It’s good of you to bring [inaudible], to
8 9
I have an error factor of 3.94 on my
understand the picture. [07:39]
10 THE DEFENDANT:
11
And Your Honor, I’d also like to
12
object to introduction of the LIDAR certification as
13
hearsay, because it is not a—the original or a certified
14
copy. THE COURT: Can I see a copy of that please—see what
15 16
you have with you. The officer’s testifying under oath.
17
Officer, you testify under oath this traffic LIDAR
18
certificate is an accurate certificate to the one the court
19
received? [08:09]
20 THE OFFICER:
21
That was actually—was pulled from the
22
officer of the [inaudible] coordinator and it’s on file at
23
the West Traffic Division. It was actually in the file,
24
with a copy of [inaudible], an extra copy of the file. It’s
25
the same one that’s the certified copy.
People v.
LASC Case No.
Appellate Div. No.
8
CR143, Item 5c
Transcript of Electronic Recording (TER)
THE COURT: Now this is stamped by the City of Los
1 2
Angeles as to the addendum to the evaluation sheet and the
3
engineering and traffic survey speed zoning. It is accepted
4
by me as evidence as long as the officer testifies it’s
5
true and accurate. Is that correct?
6
THE OFFICER: Yes, sir.
7
THE DEFENDANT: Your Honor, what about the LIDAR
8
certification, which is a separate document from the
9
traffic survey? THE COURT: Ordinarily we’d accept that. I’ll consider
10 11
that he doesn’t have it with him. I’ll consider that when I
12
make my decision. [08:54]
13 THE DEFENDANT:
14
No, I’m sorry, Your Honor. It’s not
15
the—his training certificates are what he doesn’t have. The
16
LIDAR certification is one of the two documents he just
17
presented to you, and that is the one I’m objecting to
18
since that is not certified by any—— [09:07]
19
THE COURT: Your objection is overruled. It’s stamped
20 21
and testified to by the citing police——
22
THE DEFENDANT: Your Honor, I just wish to reiterate
23
that under Evidence Code 1523, oral testimony may not be
24
used to authenticate the content of a writing.
People v.
LASC Case No.
Appellate Div. No.
9
CR143, Item 5c
Transcript of Electronic Recording (TER)
THE COURT: So my reading of the statute is different
1 2
than yours. [inaudible] where you appeal this. Your motion
3
at this point is denied. I’ll reconsider it before I rule,
4
and at this time I’m going to continue. Now officer, do you have further testimony you wanted
5 6
to give? THE OFFICER: Not [inaudible].
7 8 9
[09:42]
10
THE COURT: OK, now would you like to give direct
11
testimony, or you may cross-examine the officer.
12
THE DEFENDANT:
13
THE COURT: Please proceed.
14
THE DEFENDANT:
15
THE COURT: Please proceed.
16
THE DEFENDANT
17
I’d like to cross-examine——
——the officer first.
Q:
Officer, how far were you when
you first had a visual on my vehicle? THE OFFICER
18
A:
Probably—I’d have to guess—but
19
obviously you were at Sierra Bonita, so from there up to
20
300 feet. My laser printed 331 feet so, probably, 6-800
21
plus feet, approximately, give or take. Q:
22 23
And how far was I from the closest car around
me? Going in that direction, of course. A:
24
People v.
I don’t recall; I was just focusing on you, so——
LASC Case No.
Appellate Div. No.
10
Transcript of Electronic Recording (TER)
CR143, Item 5c Q:
1 2
OK. Because you said traffic was moderate, so is
it safe to presume there were other cars around?
3
A:
Probably so.
4
Q:
OK. Was I in danger of hitting any of the cars
5
around me? A:
6 7
At that time, no. Q:
8 9 10
Were you in danger of hitting cars around you?
OK. And I don’t seem to recall any pedestrians
on the road, on the crosswalk or otherwise. Is that correct; I mean, is that your recollection too?
11
A:
There were some, down near the hospital area.
12
Q:
But, umm—in the road, where you were and where
13
you saw me approaching——
14
A:
In the actual road where you were driving?
15
Q:
Uh-huh.
16
A:
No, there weren’t any of them.
17
Q:
OK. So there’s a possibility of pedestrians up
18
ahead where there’s a hospital?
19
A:
Yes.
20
Q:
OK. And, do you think my vehicle was out of
21
control or about to leave the roadway or, you know, jump
22
the median or anything? A:
23 24
Unsafe speed there, absolutely unsafe. 55 miles-
an-hour in a 35-mile zone.
People v.
LASC Case No.
Appellate Div. No.
11
Transcript of Electronic Recording (TER)
CR143, Item 5c Q:
1 2
That’s not the question I asked, Officer. Was
the vehicle about to go out of control? A:
Yes, you could have lost control of your car,
5
Q:
Again, Officer, its——
6
A:
You hit—if you hit a pothole, you hit it
3 4
yes.
7
[inaudible] the roadway, there’s loose gravel. 55 miles-an-
8
hour, you can lose your—you can lose control of your car.
9
Yes. Q:
10
Officer, that’s speculation. Was the car going
11
to lose control at that point? Not “could lose control,”
12
was it going to lose control? Was it looking like it was
13
out of control?
14
A:
15
unsafe.
16
Q:
17
You were too fast for the road conditions. It’s
OK. I think the weather was pretty clear,
Officer. Is that your recollection too?
18
A:
Yes.
19
Q:
And, it was a fine clear day, you know, 1 PM in
20
the afternoon, and visibility was good? Nothing like today?
21
A:
It was good.
22
Q:
OK. And, the road, I mean, you mentioned
23
potholes, but, are you aware of any problems on the surface
24
of that road, that——
People v.
LASC Case No.
Appellate Div. No.
12
Transcript of Electronic Recording (TER)
CR143, Item 5c 1
A:
No.
2
Q:
OK. And what’s the width of the road at that
3
point? A:
4
The width—probably—— [12:44]
5
THE COURT: I have that here, yeah. Before we go on,
6 7
are you requesting, and I assume you are, that these be
8
marked as exhibits? THE OFFICER:
9
Yes, you can.
10
THE COURT: OK, we’re going to mark as exhibits:
11
People’s Exhibit 1: Traffic LIDAR Certification.
12
It’s double-punched at the top, and this—he—it was
13
testified to this was obtained from a reliable source.
14
I note as People’s Exhibit 2 that we have an
15
Engineering & Traffic Survey plus Speed Zoning plus
16
Evaluation Sheet plus Addendum. And I’m noticing that this is stamped by the City of
17 18
Los Angeles and marked “Certified True Copy” and initialed,
19
with the initials C.B. So this is in fact certified, sir.
20
This is the one that you—— THE DEFENDANT:
21
There’s no question about the survey.
22
The question is about the single-page certification that
23
you have, Your Honor.
People v.
LASC Case No.
Appellate Div. No.
13
CR143, Item 5c
THE COURT: You’re talking about the LI—traffic LIDAR
1 2
Transcript of Electronic Recording (TER)
certification?
3
THE DEFENDANT:
4
THE COURT: That was testified to as from a reliable
Uh-huh.
5
source. For the record again, repeat where you obtained
6
this from?
7
THE OFFICER:
8
THE COURT: OK.
That’s actually from the file.
[13:51]
9 THE OFFICER:
10
At West Traffic Division, with all the
11
certifications. If it goes in for any service, they send
12
back a certification letter in that, saying that it’s
13
certified—it’s working properly. It’s actually done by the
14
coordinator that handles all the laser devices.
15
THE COURT: We—we have umm, sometimes called a paper
16
trail, but, we have it under custody so it wouldn’t have
17
been tampered with. Is that correct? THE OFFICER:
18 19
file. THE COURT: This was preserved in the ordinary course
20 21
[inaudible]—when he took it out of the
of business of the police department.
22
THE OFFICER:
23
THE COURT: And therefore——
People v.
Yes.
LASC Case No.
Appellate Div. No.
14
CR143, Item 5c
Transcript of Electronic Recording (TER)
THE OFFICER: It’s there. If he goes there and you
1 2
look—he wants to look at a copy, it’s the——
3
THE COURT: You want to show him?
4
THE OFFICER:
This is what [inaudible]. Yes, he did. [14:36]
5 6
THE DEFENDANT:
7
THE COURT: That is what I’m waiting for.
8
THE DEFENDANT:
9
We were talking about the width of the
road at that point, Your Honor. THE OFFICER:
10 11
Umm—can I continue?
It’s going to be about 40 feet.
Approximately. THE DEFENDANT:
12
Before we go on, Your Honor, I just
13
wanted to introduce an exhibit. And this is something I
14
showed the officer before trial. And it might help give you
15
a better idea of what exactly the road looked like. THE COURT: Would you like this marked as an exhibit,
16 17
sir?
18
THE DEFENDANT:
19
THE COURT: OK. [inaudible] to the officer, we’ll mark
20
Yes, please, Your Honor.
it.
21
THE OFFICER:
22
THE COURT: Show it to the off—have
23
THE OFFICER:
People v.
Already seen it, Your Honor. you seen it yet?
I’ve seen it, Your Honor.
LASC Case No.
Appellate Div. No.
15
CR143, Item 5c
Transcript of Electronic Recording (TER)
THE COURT: Good. We’ll take a look and see what we
1 2
have. You can testify now as to what this is a photograph
3
of. And I assume this is being presented to show a safe—
4
the roadway was safe at the speed you were—at which you
5
were driving. THE DEFENDANT:
6 7
conditions of the road, of the surroundings. THE COURT: Now the officer’s already testified that
8 9
It is just being presented to show the
the critical speed was 40 M-P-H. The posted being 35.
10
Critical meaning that it’s not considered safe to drive in
11
excess of 40 miles-per-hour.
12
THE OFFICER:
13
THE COURT: 43?
14
THE OFFICER:
15
43, Your Honor.
43 San Vicente, 40 miles-an-hour at
Genesee. THE COURT: OK. 43 will be the critical speed according
16 17
to the testimony. You may testify as to this now, I’m
18
marking this as the Defense Exhibit—— THE DEFENDANT:
19 20
Oh, I’d just like to finish cross-
examination first, Your Honor.
21
[16:11]
22
THE COURT: Yeah, you’re up. Please proceed. Well,
23
you’re the smart person, you can’t testify to it. Or you’re
24
gonna have a difficulty, or—it’s more effective if I mark
25
this first as your exhibit and then you testify to it
People v.
LASC Case No.
Appellate Div. No.
16
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
because it’s in front of me and, for the record, it shows
2
it’s in front of me marked and entered as an exhibit.
3
THE DEFENDANT:
4
THE COURT: Would you like me to do that first? You
5
don’t have to but I would suggest it. THE DEFENDANT:
6 7
Well, I’d just like to finish cross-
examination first, Your Honor, if I may, and then—— THE COURT: Go ahead. This will not be marked as an
8 9
OK.
exhibit nor entered as an exhibit till you ask me to do so.
10
THE DEFENDANT:
11
width was about 40 feet?
Sure.
And, yeah, so—you said the
12
THE OFFICER:
Approximately, I said.
13
THE DEFENDANT:
OK, ‘cause——
14
THE OFFICER:
It could be over 40 feet.
15
THE DEFENDANT:
I’m looking at the survey here, which
16
is the same survey that you presented to the court and it
17
says the roadway width at that point is 96 feet. Just
18
wanted that to be noted, Your Honor. THE COURT: I do have this exhibit right here. I have
19 20
to advise you that if you don’t ask me to mark this and
21
enter it as an exhibit this will not be an exhibit. You
22
understand?
23
THE DEFENDANT:
24
THE COURT: OK.
People v.
I understand, Your Honor, thank you.
LASC Case No.
Appellate Div. No.
17
Transcript of Electronic Recording (TER)
CR143, Item 5c
THE DEFENDANT:
1
So, officer, could you—well, I guess
2
you don’t have a copy in front of you, but if we could just
3
read what the statement for Vehicle Code 22350 is, please?
4
THE COURT: The “unsafe speed for conditions?”
5
THE DEFENDANT:
6
THE COURT: It says a vehicle should not drive at an
Uh-huh.
7
unsafe speed for conditions that would endanger other
8
persons or properties, sir. Do you need me to read it
9
specifically? THE DEFENDANT:
10
No, Your Honor. But I just wanted to
11
confirm that it does not say anything about a posted limit.
12
It simply talks about unsafe conditions, endangering——
13
THE COURT: I’m going to read it specifically for the
14
record. And you’ll understand that this does apply. It’s—
15
let me read it for you:
16
“Basic Speed Law. 22350: No person
17
shall drive a vehicle on a highway,
18
that’s also interpreted as a roadway,
19
at a speed greater than is reasonable
20
or prudent having due regard for
21
weather, visibility and traffic on and
22
the surface and width of the highway,
23
and in no event at a speed which
24
endangers the safety of persons or
25
property.”
People v.
LASC Case No.
Appellate Div. No.
18
Transcript of Electronic Recording (TER)
CR143, Item 5c
THE COURT: And the critical speed of 43 is what’s set,
1 2
or what would be the limit—the safe limit for driving at
3
that speed without endangering the safety of other persons
4
or property. THE DEFENDANT:
5
So, just to recap, Officer, you said
6
that there was nothing inherently unsafe about the weather,
7
or the visibility, or the surface or width of the roadway.
8
Correct? THE OFFICER:
9
The surface? Yeah, there could be,
10
like I said before, could be objects [inaudible], oil
11
released on the street. THE DEFENDANT:
12
Objection, Your Honor. That’s
13
speculation. Were there—was there anything in there that
14
day, that you are aware of?
15
THE OFFICER:
That day? No.
16
THE DEFENDANT
Q:
OK. And, you said, I mean, you
17
testified that there might be pedestrians around the
18
hospital or there could be, but there weren’t; you didn’t
19
observe any pedestrians in the path or on the road that
20
day, correct?
21
THE OFFICER
22
Q:
When my vehicle was approaching?
23
A:
There’s always pedestrians on that sidewalk. In
24
A: There was on the sidewalk, yes.
and out of that hospital. Everytime I’m there, you can
People v.
LASC Case No.
Appellate Div. No.
19
Transcript of Electronic Recording (TER)
CR143, Item 5c 1
drive down that street at any time of the day, there’s
2
always—
3
Q:
4
Did you observe them there that day, Officer?
While my vehicle was approaching?
5
A:
Yes, I did.
6
Q:
But, weren’t you looking, I guess, eastbound
7
toward my vehicle, when——? A:
8 9
eastbound. Q:
10 11
Your vehicle was, yeah, I’d [inaudible]
And isn’t the hospital up ahead towards the
east, the opposite direction?
12
A:
It’s west. To the west.
13
Q:
Right. So the direction I was approaching from —
14
where you were looking — and the direction where the
15
crosswalk for the hospital is — are in opposite directions
16
from the point you were. Is that correct?
17
A:
Yes.
18
Q:
So there’s—I mean, you couldn’t really see my
19
vehicle and the pedestrians at the same time; they weren’t
20
in my path because you were between me and any possible
21
pedestrians up there. [20:27]
22 A:
23 24
For one, you weren’t the only ticket I got that
day for speeding zone. Always up and down that street
People v.
LASC Case No.
Appellate Div. No.
20
Transcript of Electronic Recording (TER)
CR143, Item 5c 1
[inaudible] up and went back. And obviously [inaudible]
2
have to be that day——
3
Q:
But the question, Officer——
4
A:
——to go do [inaudible].
5
Q:
Did you—did you observe any pedestrians in my
6
path that day? I know, and I understand, you know, it’s Los
7
Angeles, there’s always pedestrians up and around.
8
A:
Yes.
9
Q:
But there weren’t any in the path of my
10
approaching vehicle that day.
11
A:
That’s what you’re saying.
12
Q:
You don’t agree? Were there?
13
A:
I said there was pedestrians.
14
THE COURT: He’s already testified, it was asked and
15
answered.
16
THE DEFENDANT:
17
THE COURT: You have any more questions you wish to ask
Sure.
18
the officer? Or do you now wish to testify on your own
19
behalf?
20
THE DEFENDANT:
21
THE COURT: Yes, you wish to testify on your own behalf
22
Yes, Your Honor.
or yes, you have additional questions?
People v.
LASC Case No.
Appellate Div. No.
21
CR143, Item 5c
Transcript of Electronic Recording (TER)
THE DEFENDANT:
1
Well, umm, just a question, Your
2
Honor. Is this testimony going to be different from my
3
closing argument? THE COURT: You can give whatever you want in your
4 5
closing argument.
6
THE DEFENDANT: Right.
7
THE COURT: What was your estimated speed, by yourself?
8
What [inaudible] speed were you going at, at the time, by
9
your own best estimate? THE DEFENDANT:
10 11
Umm, Your Honor, like I said, I’m
still—— [21:28]
12
THE COURT: You don’t wish to answer but I’m asking you
13 14
a question. I can ask questions whenever I wish. And this
15
may speed things along. What is your estimated speed at which you were going
16 17
at the time you were—for the cited speed—your maximum speed
18
at that time? THE DEFENDANT:
19 20
Your Honor, I wish to exercise my
right to, uh, not self-incriminate myself. THE COURT: You have [inaudible] to do that, that’s
21 22
your Fifth Amendment right against self-incrimination. But—
23
and I’ll—it’s not counted for or against you. THE DEFENDANT:
24
People v.
Sure.
LASC Case No.
Appellate Div. No.
22
Transcript of Electronic Recording (TER)
CR143, Item 5c 1
THE COURT: Please proceed.
2
THE DEFENDANT:
3
Your Honor. [pause of approximately fifteen seconds]
4
THE DEFENDANT:
5 6
Umm, well, give me just one second,
Can I proceed to my closing argument,
Your Honor?
7
THE COURT: Yes, you may.
8
THE DEFENDANT:
9
court is aware—— THE COURT: Did you want to enter this into evidence,
10 11
sir? THE DEFENDANT:
12 13
No, I don’t think there is any need,
Your Honor. THE COURT: Please return this back to the defendant.
14 15
OK. Alright. Well, Your Honor, as the
[inaudible]. Please proceed. [22:55]
16 THE DEFENDANT:
17
Thank you, Your Honor. Your Honor, as
18
the court is aware, prosecutions for prima facie speed
19
limits under Vehicle Code section 22350 are subject to
20
anti-speed-trap laws which have been enacted by the
21
legislature since 1925-odd. And those laws place a number of burdens on the
22 23
prosecution to prove a number of ancillary things before
People v.
LASC Case No.
Appellate Div. No.
23
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
the prosecution can proceed, and there’s case law which
2
says that, if the vehicle is proved, if— THE COURT: Sir, I can make this a little easier for
3 4
you.
5
THE DEFENDANT:
6
THE COURT: The speed laws apply outside of the city
7
limits. They don’t apply within the City of Los Angeles.
Sure.
8
THE DEFENDANT:
9
THE COURT: Give me the statute and I’ll read it to
10
Oh, they do, Your Honor.
you.
11
THE DEFENDANT:
12
THE COURT: Go ahead.
13
THE DEFENDANT:
14
It’s Vehicle Code four-oh—umm, which
statute would that be Your Honor? THE COURT: The one you’re referring to, sir. You’re
15 16
Sure.
presenting a statute.
17
THE DEFENDANT:
18
THE COURT: Give me the statute you [inaudible].
19
THE DEFENDANT:
20
Sure.
It’s Vehicle Code 40802, “Speed Trap
Defined.” THE COURT:
21 22
“40802. A speed trap is either one of
23
the following: particular section of a
People v.
LASC Case No.
Appellate Div. No.
24
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
highway measured as to distance and
2
with boundaries marked, designated,—” THE COURT: What section are you referring to?
3 4
[inaudible] seem to be several sections. THE DEFENDANT:
5 6
Section—the section right underneath.
Number two. “A particular section of a highway—” [24:18]
7 THE COURT: OK.
8
“A particular section of a highway
9 10
with a prima facie speed limit that is
11
provided by this code or by local
12
ordinance under subparagraph (A),
13
subparagraph (B) of subsection (a),
14
etc. etc., if that prima facie speed
15
limit is not justified by an
16
engineering or traffic survey (which
17
we do have in this case) conducted
18
within five years prior to the date of
19
the alleged violation——” [24:43]
20 21
THE COURT: The date of the survey, sir?
22
THE OFFICER:
23
3/26/2008 to 3/26/2011.
Date of survey [long pause]— covers
THE COURT: That is within the time.
24
People v.
LASC Case No.
Appellate Div. No.
25
CR143, Item 5c
THE DEFENDANT:
1 2
Transcript of Electronic Recording (TER) Umm, it was actually conducted in
2001, Your Honor.
3
THE COURT: Just [inaudible].
4
THE DEFENDANT:
5
THE COURT: Was it conducted in 2001?
6
THE OFFICER:
7
THE COURT: Now my understanding—I’m gonna read the
I’m sorry.
It was conducted on 3/26/2001.
8
speed below this. We can even flip this over, but my
9
understanding is that within the speed limits, the speed
10
trap laws apply outside of main city speed limits,
11
including the City of Los Angeles.
12
That’s been my understanding of this statute for
13
years. If it turns out I’m wrong, then I will state so. But
14
I will take this under advisement if you’re going to try to
15
pursue your case under this statute. You—yes? THE DEFENDANT:
16 17
Yes, Your Honor. With all due respect,
the speed trap laws apply to any highway that, umm——
18
THE COURT: What?
19
THE DEFENDANT:
20
THE COURT: What?
21
THE DEFENDANT:
——that isn’t posted at the maximum——
——where the maximum limits of 65 or 70
22
miles-an-hour don’t apply, or a two-lane undivided highway
23
where the speed—where it’s 55 miles-and-hour.
People v.
LASC Case No.
Appellate Div. No.
26
CR143, Item 5c
Transcript of Electronic Recording (TER)
THE COURT: Now let me read this to you: that undoes
1 2
everything you just said.
3
THE DEFENDANT:
4
THE COURT: “This paragraph does not apply to a local
5
Sure.
street, road or school zone,” sir. THE DEFENDANT:
6
Your Honor, right underneath there it
7
says the—what defines a local street or road. The first
8
condition is: “roadway width of not more than 40 feet.”
9
This is more than 96 feet throughout, as the survey
10
indicates.
11
[26:10] THE COURT: Well, it was testified differently as to
12 13
the—as to the width of the roadway. The officer testified
14
to one amount, you testified to another. And I have to
15
still find that this was a speed trap, and that’s a long
16
stretch, I can tell you that right now!
17
THE DEFENDANT:
18
THE COURT: Because you’re still claiming it’s a speed
19
Yes, Your Honor.
trap——
20
THE DEFENDANT:
21
THE COURT: ——and I don’t see the speed trap. So you
22
Yes, Your Honor.
gotta tell me why this is a speed trap. THE DEFENDANT:
23
Your honor, because this, the road or
24
the specific point where the citation was issued is not a
25
local street, road or school zone, because one—one of the
People v.
LASC Case No.
Appellate Div. No.
27
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
conditions for a local street or road: “not more than one
2
traffic lane in each direction.” That’s condition—or I
3
guess, subdivision (C) right there and, [to the officer:]
4
was there more than one lane?
5
THE COURT: I’m going to make this real easy. I’m going
6
to give you grounds for appeal if you wish. I’m finding, as
7
a matter of fact, and as a matter of law, that this was not
8
a speed trap zone. It is not a speed trap area and there
9
was no speed trap. You need to [inaudible] realize things, you don’t have
10 11
them. There is no speed trap where you—your speed was
12
cited. And this is to save time——
13
THE DEFENDANT:
14
THE COURT: ——otherwise you’re going to keep going on——
15
THE DEFENDANT:
16
THE COURT: ——it’s something that’s going to lead you
Sure.
I understand.
17
nowhere. Please continue.
18
THE DEFENDANT:
Yes, Your Honor. As the officer just
19
noted, and the survey states, it was conducted on
20
3/26/2001. And that was more than seven years before the
21
date of the citation, which is I believe was in November
22
2010. THE OFFICER:
23
Your Honor, it’s the addendum, meaning
24
it was reviewed after the seven years. It was continued
25
from ’08 to ’11.
People v.
LASC Case No.
Appellate Div. No.
28
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
THE COURT: I was waiting for you to bring up the
2
addendum. It’s stapled right on the front, that’s the first
3
page. Have you seen the addendum? THE DEFENDANT:
4
Yes, Your Honor. But this is not about
5
the addendum. This is about further requirements which
6
define a speed trap.
7
THE COURT: Sir! I’m telling you right now, I’ve
8
already ruled it’s not a speed trap. And you have grounds
9
for appeal if it is. Do you want to go on to something new,
10
because you’re already—you’re already speaking on something
11
I’ve ruled on.
12
THE DEFENDANT:
13
THE COURT: You understand that?
14
THE DEFENDANT:
15
THE COURT: You’re trying to speak contrary to the way
16
I und—I apologize, Your Honor.
Yes, Your Honor.
I’ve ruled.
17
THE DEFENDANT:
18
THE COURT: And the addendum was there, I was waiting
OK.
19
for the officer to bring it up. It’s not for me to bring it
20
up, but the addendum is part of Exhibit 2.
21
THE DEFENDANT:
22
THE COURT: It’s the first page of Exhibit 2. Now
23
OK.
please proceed with any new testimony that you have. [28:29]
24
People v.
LASC Case No.
Appellate Div. No.
29
CR143, Item 5c
Transcript of Electronic Recording (TER)
THE DEFENDANT:
1
Well, this is the closing argument,
2
Your Honor. I just wish to reiterate a few points. First of
3
all, discovery—informal discovery was requested of the City
4
Attorney, who’s responsible for—— THE COURT: I’ve already ruled on that. I’ve ruled that
5 6
you weren’t prejudiced by anything that was left out—that
7
isn’t present today for which you can view and which you
8
can authenticate. I’ve ruled on that already. THE DEFENDANT:
9 10
May I explain why it might prejudice
me, Your Honor?
11
THE COURT: You can. Go ahead.
12
THE DEFENDANT:
Your Honor, specifically the, uh—the
13
LIDAR certification, which is a technical document, as well
14
as the survey which is quite technical. A defendant needs
15
time to be able to look through that to come up with a
16
defense. Just being shown it prior to trial, to me, is not
17
enough time—— THE COURT: Well, I’ll give you more time. You may sit
18 19
down and if you want to make further argument, I’ll call
20
you back. Would you like more time? You can sit down, I
21
could take the other cases——
22
THE DEFENDANT:
23
THE COURT: Well, then you’re rejecting my offer of
24
Not right now, Your Honor, thank you.
additional time to review it. Now, please continue.
People v.
LASC Case No.
Appellate Div. No.
30
CR143, Item 5c
Transcript of Electronic Recording (TER)
THE DEFENDANT:
1
Your Honor, I’d need resources, such
2
as the Internet and other things to be able to figure out
3
exactly what it says. THE COURT: You have to be prepared when you walk in
4 5
here. I’ve already found that it wasn’t prejudicial to your
6
case—anything that was left out or not provided to you.
7
I’ve ruled on it already. Please proceed. THE DEFENDANT:
8 9
Alright. And, uh, Your Honor, apart
from the other—oh, one of the—I wish to object to the
10
survey and also bring up a couple of, uh, reasons why,
11
although the survey exists, it does not justify the
12
critical speed or the limit that the survey calculates. May
13
I?
14
THE COURT: Go ahead.
15
THE DEFENDANT:
16
First of all, Your Honor, there—one of
the problems with the survey is, uh——
17
Oh, actually there’s a report at the end of the survey
18
which says that section 40802 requires a speed limit. Well,
19
umm, what the Vehicle Code says is that conditions which
20
justify—because the critical speed is 43 miles-an-hour, and
21
which would normally, per the rules of the Department of
22
Transportation be set to 40 miles-an-hour. But in this case
23
it was set to 35. And the survey does not provide an
24
explicit reason, required by—which the Vehicle Code
25
requires, as to why that five mile-an-hour downward
26
reduction occurred.
People v.
LASC Case No.
Appellate Div. No.
31
CR143, Item 5c
THE COURT: Well, you can ask the officer if you wish.
1 2
Transcript of Electronic Recording (TER)
[inaudible] he can answer. Did you wish to ask him? THE DEFENDANT:
3
Your Honor, with all due respect, the
4
officer is not a traffic engineer or other expert witness,
5
I mean—— THE COURT: Well, if you don’t want to ask him, then
6 7
you don’t need to ask him. THE DEFENDANT:
8 9 10
Sure. And, Your Honor, as far as the—
the addendum goes I want to point out to the court that there are a number of inconsistencies in the addendum. As the Vehicle Code, in fact as the speed trap section
11 12
requires: “a registered engineer must evaluate to see if
13
any changes have occurred, and if they haven’t, the survey
14
can be extended for an additional three years,” which it
15
was from seven. On the addendum, I do not see any indication that the
16 17
people signing off on it are registered engineers. It
18
simply refers to “a registered engineer,” it does not say
19
who— THE COURT: Sir, I’m going to save time. I’m ruling
20 21
that the addendum is admitted, that I have reviewed it and
22
that I do find it is within the, uh, parameters of what’s
23
required by law. That will save us a little bit of time,
24
because that is what I found. THE DEFENDANT:
25
People v.
Yes, Your Honor.
LASC Case No.
Appellate Div. No.
32
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
THE COURT: Is there anything else?
2
THE DEFENDANT:
3
Your Honor, it is also, uh—looking over, it also seems
4
that nothing has been presented which shows that, uh—‘cause
5
apart from a radar, I’m sorry—excuse me, Your Honor.
Just one second, Your Honor.
Except for—the certification has been provided, but
6 7
there has—as the law requires, the prosecution must prove
8
that the officer complied with subparagraphs (A) and (B),
9
which is the proof of training, of radar and LIDAR, and the
10
fact that it was calibrated or tested immediately before
11
the speed was taken. Not the fact that it was compliant as of a certain
12 13
date, but that it was functional and tested before the
14
speed was measured. THE COURT: You can ask the officer if it was tested
15 16
before and after the radar was used on that day or on
17
another day. THE DEFENDANT:
18 19
citation, officer?
20 21
THE OFFICER:
Tested before I use it and after I use
THE DEFENDANT:
And do you keep a log of these
it.
22 23
procedures, or——?
24
THE OFFICER:
25
Was it tested before or after the
No, we just test it before we use it
and after we use it.
People v.
LASC Case No.
Appellate Div. No.
33
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
THE COURT: These other——
2
THE DEFENDANT:
After each, uh, citation?
3
THE OFFICER:
No.
4
THE DEFENDANT:
Or—when do you do that?
5
THE OFFICER:
Before I use it, and after I use it.
6
So it just depends if—a while before I’ll use it, I test it
7
out. Then my [inaudible] test it, then use it. THE COURT: I’ll ask the officer, is that what you
8 9
habitually do?
10
THE OFFICER:
11
THE COURT: And is that common, for police to do that
12
Yes.
[crosstalk]? THE OFFICER:
13
Well, you wanna do it because you want
14
to make sure it’s working properly in order to go out and
15
use it, and it’s not worth [inaudible] you gotta dismiss
16
the tickets, so—— THE DEFENDANT:
17
Thank you, Officer. Umm, well, to
18
finally finish up, Your Honor—since you already ruled this
19
isn’t a speed trap, it requires the officer to show that
20
the speed was actually unsafe for the conditions, not that
21
it could have been.
22
The officer has already testified that there was
23
nothing unsafe, per se, about the weather, visibility, the
24
surface of the road or the width of the road, and the fact
25
that the car was in no danger of hitting any pedestrians,
People v.
LASC Case No.
Appellate Div. No.
34
CR143, Item 5c
Transcript of Electronic Recording (TER)
1
that the officer saw or that the car was out of control or
2
spinning out, or you know, about to jump the median that
3
the officer described. And, uh, I don’t think any of those prove that the
4 5
speed is unsafe because code 22350 does not make any
6
mention of a posted speed limit, or a critical speed, or
7
anything of that sort, Your Honor. THE COURT: And I’ll consider that. Is there anything
8 9
else?
10
THE DEFENDANT:
11
THE COURT: Thank you. The matter is submitted, unless
No, thank you, Your Honor.
12
the officer has anything further to say. He does not, and
13
I’m going to rule on this. I’m ruling that the critical speed of 43 miles-per-
14 15
hour, and your—and the officer’s testimony, under oath,
16
that you were cited for 55 miles-per-hour by laser, and 55
17
by visual establishes your liability. I find you guilty as
18
charged. Cash bail will be applied. And that’s it, there’s
19
nothing further to do.
20
THE DEFENDANT:
21
THE COURT: Please see the cashier, fourth floor, in
22
the [inaudible] past—— THE DEFENDANT:
23 24
Thank you, Your Honor.
Oh—Your Honor, I think bail has
already been posted.
People v.
LASC Case No.
Appellate Div. No.
35
CR143, Item 5c
THE COURT: It has indeed, so you don’t need to. You’re
1 2
Transcript of Electronic Recording (TER)
[inaudible].
3
THE DEFENDANT:
4
THE COURT: I stand corrected. Thank you.
Alright. Thank you, Your Honor.
5 6
-oOo-
7
END OF PROCEEDINGS
People v.
LASC Case No.
Appellate Div. No.
36
