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

---

STATE OF

OCT 1 1 Z011

-----��-Deputy Clerk _,};r

. ·

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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L

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·)�' J

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1

AUGUST 18,

2011

2 -- -oOo- --

3 4 5

THE COURT:

6

Next matter is People versus Surprised to see you here.

Okay.

7

didn't expect you.

8

yesterday,

9

court call and that he wasn't needed other than -- did you

10

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?

11

MR.

12

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.

15 16

objection;

however,

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THE COURT:

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MR.

19 20

(c)

the timeframe for the survey -Uh-huh. And subclause,

22

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.

26

just used my codebook.

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(b )

right.

25

27

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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23

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.

4

THE COURT: subsections,

I'd rather go to the book, Certainly,

Because there's

Bu�

okay?

certainly. 10 different

okay?

6·

MR.

7

THE COURT:

Correct. And last t ime you were also

8

withdrawing your objection,

9

on it."

10

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,

11

MR.

12

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

14

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

25

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

1

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.

8

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.

12

THE COURT:

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MR.

14

Actually,

of his radar unit.

9 10

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.

18

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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24

yes.

certification here.

15

21

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.

2

days.

If you haven't posted it,

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MR.

4

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.

8 9

(The proceedings were concluded. )

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5

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