I
F I l E 0 SU PERIOR COURT OF THE
SUPERIOR COURT STATE OF CALIFORNn\JNTYOF LAKE
IN AND FOR THE COUNTY OF LAKE ---
PEOPLE OF THE CALIFORNIA,
oOo
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STATE OF
OCT 1 1 Z011
-----��-Deputy Clerk _,};r
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Plaintiffs, vs.
Defendant.
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RE PORTE R'S TRANSCRIPTION OF AUDIO CD OF TRIAL DE NOVO AUGU ST 18,
2011
BEFORE THE HONORABLE *
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A PPEARANCE S OF COUNSEL ) For the Plaintiff: ) DON A. ANDER SON ) D ISTRICT ATTORNE Y ) (NO APPE ARANCE ) ) 255 N. FORBE S STREE T ) 95453 LAKE PORT, CA ) ) ) ) For the Defendant: ) ) IN PRO PER ) )
CERTIFIED SHORTHAND REPORTER, 255 NO. F'ORBr�S STREET LAKEPORT. CA 9545:3
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AUGUST 18,
2011
2 -- -oOo- --
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THE COURT:
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Next matter is People versus Surprised to see you here.
Okay.
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didn't expect you.
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yesterday,
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court call and that he wasn't needed other than -- did you
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In fact,
the officer called the Court
and we said we thought you were appearing by
ever get a copy of what they sent in?
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MR.
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THE COURT:
I did, Okay.
your Honor.
And basically,
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were objecting on a five-year rule,
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Am I wrong on that? MR.
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objection;
however,
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THE COURT:
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MR.
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(c)
the timeframe for the survey -Uh-huh. And subclause,
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MR.
which is the subclause that we're
They actually highlighted -Subsection
THE COURT:
Well,
of subclause
(c) ,
it's a capital -- the way they
do this is -- hang on for a second.
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just used my codebook.
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(b )
right.
25
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I believe it was,
talking about here. THE COURT:
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and it's actually seven.
You're correct about the
that they highlighted,
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my memory is you
MR.
Well,
I
It would be easier if I
could tell you right now
what subsection -- I got it right in front of me. 2
1 2
MR.
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THE COURT: subsections,
I'd rather go to the book, Certainly,
Because there's
Bu�
okay?
certainly. 10 different
okay?
6·
MR.
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THE COURT:
Correct. And last t ime you were also
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withdrawing your objection,
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on it."
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I
I've got it in front of me too.
i f you give me a m inute,
3
5
---
THE COURT:
I
and I said,
"No,
I'd rather rule
And now are you saying today that you're right and
the o fficer is wrong or -I am saying that,
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MR.
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THE COURT:
Okay.
yes.
Let me take a look at it.
All
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right.
And in re ferencing the portion of the code they're
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c iting,
it's section 40802,
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having -- hang on.
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parentheses -- actually,
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make sense to me.
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parentheses
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parentheses,
(2 )
Subsection
(c),
small
the way it's set out doesn't quite Here we go.
(c) -- okay.
around it.
(c) w ith a
And then under that capital
Now,
why are you saying that
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the -- that this particular speed survey is either not
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timely or v iolates that,
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MR.
"speed trap" section?
Your Honor,
section 40802,
subclause
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the o f f icers meet certain prerequ isites listed under
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believe - - I have it r ight here -- subsection -- where
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(a) and
(c),
quote,
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(B),
and everything under there.
All right.
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that's what I'm
subsection
(b)?
radar is used,
which you're referencing now,
Oh,
subsection
(a),
only applies i f I lS
saying that the -- when
the officer -- arresting officer has 3
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successfully completed a radar operator course of not less
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than 24 hours on the use of police traffic radar and the
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course was approved and certified by the Commission on Peace
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Officer's Standards and Training.
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did not present that into evidence
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THE COURT:
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MR.
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No.
THE COURT: he did.
In fact,
he did. He presented the calibration
No.
I f you go back to the transcript,
let me look at my notes.
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MR.
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THE COURT:
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MR.
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Actually,
of his radar unit.
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His training certification? Yeah.
He testified as to it, Correct,
THE COURT:
but there's no
You don't have to bring everything in
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if you're testifying as to stuff.
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issues? MR.
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Okay.
introduced the speed survey.
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bench,
You had it up there on the
and it was introduced by yourself. THE COURT:
I didn't introduce it.
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judicial notice -- we keep them here.
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not -- what's the problem with that?
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So any other
Only that -- that the Bench
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yes.
certification here.
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Considering Officer
MR.
THE COURT:
Go ahead.
judicially noticed.
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opportunity to review it.
didn't
the Bench did.
They all -- never mind.
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took
They're actually
The officer hasn't
present it into evidence;
I
They were here.
It was
You were given an
And the Court finds you guilty. 4
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Standard fines.
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days.
If you haven't posted it,
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MR.
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THE COURT:
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pay it within 30
Okay. All right.
And slow down a little
bit.
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MR.
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THE COURT:
All
right.
Thank you.
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(The proceedings were concluded. )
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STATE OF CALIFORN I A ss COUNTY OF LAKE
I,
,
Certified
Shorthand Reporter in and for the County of Lake, California,
do hereby certify:
That the transcript herein, through 5,
State of
consisting of Pages 1
was transcribed from audio CD under my direction
and control,
that it is an accurate,
and true,
and correct
transcription of the proceedings to the best of my ability. I
further certify that I
am not of counsel nor
related to any of the parties involved herein, interested in the outcome of the cause.
Dated:
October 11,
20 1 1
nor am I