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发信人: wokaowokao (GaN), 信区: Automobile
标 题: 我的上庭经历+所用文件
发信站: BBS 未名空间站 (Tue Feb 10 16:00:47 2009)
去年8月25号晚上,从家里去学校的路上被抓,40的路,条子说我开了54.二话不说,一张
ticket,我一看,还是我们学校的警察,nnd,下手真狠.条子是迎面开来的
然后就去法院要求上庭,初定是11月底吧,一共要去两次,前一次递交motion,第二次
trial
谁知道我把日子记错了,递交motion那次忘记去了.第二天再去,说只能重新安排时间.于
是motion递交排到1月27号,今天trial.我对本州的speedy trial不是狠了解.由于上一
次也是我的失误,没能按原有排期,所以我也不指望靠speedy trial的trick了.
1月27号,坐在大厅里面溜溜的等了几个小时,无聊透顶,自己翻看着打官司的书.老爸非
要陪着去看看,也是无聊的坐了半天.倒是前台坐着的一个貌似intern的小姑娘clerk,她
忙完自己的活,拖着腮帮百无聊赖的在prosecutor的位子上发呆,让我觉得大厅里面不再
死气沉沉...
我就随手在纸上写了几句
Smile when you facing downwards
like lily being shy in thy breeze
Snow already there for weeks
but nothing will freeze
还没写完呢,prosecutor,一个黑大妈叫我名字了.mmd,不爽啊.黑大妈企图诱惑我,说你
忍了吧,我给你写40的路超成45mph.面对黑大妈的诱惑,我的立场没有动摇.问
prosecutor要了张名片,主要是要他的地址.另外问清楚了条子部门确实是我们的校警,
不过他们也不知道officer的名字
第二天,去学校的局子,要那个条子的名字,局子里面的人不给,说你就写badge # 345就
能收到了.我说好吧,你把你们地址给我.拿了他们一个信封,回家
当晚准备了一个subpeona,让条子把雷达说明书,officer的notes,patrol车辆保养记录,
雷达校正记录,雷达维修记录复印了给我发过来.第二天跟lp一起用certified mail寄给
了prosecutor和条子.让lp签了一个service declaration的单子,证明是她投递的.记住
一定要在一周前寄出,否则条子太容易找理由不给你了
上庭之前都没收到材料,只收到局子来的一封信,说把我的信forward给prosecutor了.意
料之中,所以我今天也准备好了,看见条子就以这个理由申请延期.
准备了几天的材料,主要是熟悉法庭流程,准备cross exam问题.由于不知道警察用什么
测得速度,(问了prosecutor,他们也不知道),我主要准备的是radar和目测.我们州没有
用laser的.看了一些书,跑了几趟图书馆,查vehicle code和州的code,没啥大作用,只是
把法律搞清楚了一点.
今天下午去了法庭,坐着等,顺便看notes,准备trial时候的提问.中途以上厕所的名义,
楼上楼下溜达了一圈,发现没看到逮我的条子,心想没准这小子不来了.回楼上继续积极
备战.过了一会,一个prosecutor来找我,说条子可能度假去了,今天没来,我的案子就算
dismiss了.我反复跟他确实我没事儿了,不用交钱,可以走人后,就闪人了.出了大门,转
念一想,万一忽悠我咋办,回头进去再找到那个人,问他有没有writtern confirmation.
他说没有,给我看他们的记录,上面写了dismiss,他说回头给法官签个字就行了.我踏实
了,回家了,心想,反正我进门你们都有录像,也不怕你说我没来.
下面我把一些我整理的材料列出来,以飨后人.
雷达误差里面有一个error,很多书上没提到,或者网上没有的是cosine error.大家可以
去google.如果警车迎面来,跟你开的不是同一直线,测到的target的速度是高于真实速
度的.这主要是radar校正警车速度偏低造成的.如果警车静止,你开过来,那么测出的速
度低于真实速度.
==============================================================
PROCEDURES AT THE TRIAL
Below you'll see a listing of typical events in the order that they
will happen during your trial:
• The Bailiff calls the case.
• The defense, that's you, and the Prosecution both reply with "
Ready your Honor."
• The Prosecution will give their opening statement.
• The Defense will give their opening statement.
• The Prosecution will present their case, they will have the
police officers testimony.
• There will be cross examination by the Defense.
• There will be a re-direct by the Prosecution.
• Any physical evidence that happens to be available will be
brought to light at this time.
• Any diagrams, citations, that sort of thing, then the Prosecution
will rest.
• If you have the grounds, you will make your motion to dismiss, on
non-applicable grounds at this point in time.
• The defense case will include your witness, either you or your
passengers.
• Cross Examination by the prosecution.
• Re-Direct by the defense, and you as the defense, will rest.
=================================================================
要求寄材料的信
我的地址
Jan 28, 2009
警察地址
CC: prosecutor地址
RE: Officer with I.D. No. 345 v. ***
*** Court No. ticket号码
Dear Sir,
I am the defendant in the action of Officer with I.D. No. 345 v. Yu, No.
008512, pending before the Superior Court for the St Joseph Branch.
I seek to have the copy of following items for the discovery for the trial.
a. The citing officer’s notes if there is.
b. Any engineering and traffic survey is granted.
c. If the radar unit was used, the instruction manual stating how the radar
unit is to be operated.
d. The copy of the maintenance logbook for radar unit, which was used during
the citing case
e. The copy of the maintenance logbook for the vehicle the police officer
was driven during the citing case
It is essential to my defense that the above items be produced and sent to
my address listed above before the trial in order that I may prepare my
defence based on the solid facts. Thank you for your anticipated cooperation.
Sincerely,
=================================================================
Checklist for procecution
1. identify me as the driver
2. what road I was on
3. car plate number
4. at what speed I was cited
5. speed limit
prosecutor做testimony的时候,你要一个一个check,如果他没有提到上面因素中的一个
,等他rest case的时候,你可以提出move to dismiss
============================================================
cross exam 千万别吵架,问问题,把条子能回答的都准备到.无论他回答什么样子,我们
都有针对的后续问题等着他.就怕他不来,来了就让他头皮麻一麻
Introductory Questions: These questions are formulated to establish the
relevant facts in the case and to create a friendly atmosphere with the
ticketing officer.
1. What specific type of radar were you using when the ticket was
issued?
不能接受 "Doppler Radar" or "Moving Radar" 要准确型号
2. Would you please tell the facts of the ticket as you remember them
?
准备objection ,如果读notes的话
3. Was your audio Doppler working at the time the citation was issued
?
他不知道 audio Doppler? _______________
4. What speed was your audio warning set on?
他不知道audio warning? _______________
5. Was your automatic speed lock working?
A crucial response. If yes,抖擞精神, 否则忽略后面某些问题
6. Were you using a manual on-off switch or other radar detector
defeating mechanism in association with your radar unit?
7. Were you stationary or moving when your radar unit's alert went
off? 警报响的时候是静止还是moving
8. Was the target vehicle coming towards you or moving away from you?
9. Did you see the target vehicle before your radar unit's audio
alarm went off?
Another crucial answer. traffic history. 如果先看见,问下三个问题.否则跳过
10. Were you able to determine the target vehicle's speed from a
visual observation? 有无目测速度?
11. What was the apparent speed of the target vehicle?
目测速度___________________mph
12. About how many seconds elapsed between the time you first
observed the target vehicle and the time your audio alarm went off?目测和警
报响相隔多久
Establish the officer's qualifications: These questions are directed
towards the officer's training on the operation of the radar unit. Keep in
mind the national standard of 24 hours of classroom time followed by 16
hours of field training.
1. How many years have you been a police officer? 警察当多久了
2. How long have you operated radar units? 操作雷达多久
3. Have you received formal instruction and training in the operation of
radar?
___________________________如果有,继续
4. Under what circumstances did you receive your training?
如果只是其他警察train的,就爽了 _______________________________
5. How many hours of classroom instruction did you receive?
A crucial response. No officer generally has 14 hours of classroom. Remember
Kentucky v. Honeycutt is going to be used by the prosecution to justify the
officer having less than the 24 hours. 如果少于3-4小时,不qualify.
6. How long ago did you receive this training? 啥时候培训的
如果很久以前,可能现在操作不对,或者雷达型号不同,结案时候说
7. How many officers took this training with you? 培训时多少人
- Was the training a lecture?
- Were you seated auditorium style?
- Where were you seated?
- Did you have any other classes that day?
- Were questions allowed? Did you ask any questions? If the officer can 't
recall the particulars of his radar training class, ask how can he remember
the subject taught?
8. Who taught this classroom portion of the radar course? 谁教的
- another officer, question that officer's training credentials and ask for
the trainer's certification.
-manufacturer, you have a potentially biased source of training.
9. Since your initial training, have you had any additional radar
course work?
如果有,和7一样问细节
10. How many hours of one-on-one field training with a professional
instructor have you had in the operation of radar units?
- with another officer, again ask for that officer's training credentials.
- a factory representative,同时多少人在车上培训
- 11. Do you believe yourself to be a competent radar operator?
12. Do you hold a certification in the use of radar?
13. When was your initial training in the use of the exact radar you
used to detect my speed?
___________________知道细节否?
14. Did your training include the use of other radar units?
Establish the officer's trust in the radar unit: This is a faith check
for the officer. He likely isn't aware that you know some of the downfalls
of the particular unit involved in your case.
1. Do you believe the (所用雷达) to be a good radar unit?
2. Have you ever encountered any problems with the unit? 出过问题否,如
有,specify
3. Are you permanently assigned to one specific radar unit?
大多回答不是
4. Do you believe that there are individual differences among radar
units of the same model? Will one unit have an idiosyncrasy that another
might not have?
Likely answer is they all work alike.如果说有区别,specify之
5. Do you believe the (所用雷达) gives deceptive or false readings?
This is a crucial question. 如果说no, 引用manufacturer’s document说明radar
也可能给出错误结果
如果回答没见过,跳过问题6
6. About what percent of the time does your radar unit give these
false readings? 出错百分率
______________________________________%
7. Do you believe that you can always tell when the unit is giving a
false reading?雷达出错你能每次都知道么
可能会回答说他能,接着问
8. Is there a special number or symbol that appears on the readout to
indicate a false reading?
Of course not.
9. Does the unit give some visual indication that the reading is
questionable?
No it doesn't.
10. How, then, can you tell that the reading you are getting is false?
He will likely say that there is no target in sight or the target is clearly
not speeding. 如果说false reading只在没有target情况下出现,等于说在探测时
unit从不会出错
如果说他总能觉察,接着问 ,否则结束这页
11. Since there are no special indications of a false reading, does
that mean that all 54 mph readings aren't false?
Of course not.
12. So the false reading could be 20 mph or 70 mph?
It certainly can be.如果他不承认,他就在evade the questions or
technologically incompetent.
13. So it is possible that the radar could give a reading of say 54
mph, but you could clearly see, for example, that the target vehicle was
only going 40 mph, is that right?
14. What if the speed limit is 40 mph, and the same 54 mph false
reading shows up. Is that possible?
15. Presuming the car approaching you was going 40 mph, could you
recognize that the radar was malfunctioning?
如果他说是,继续问,否则结束本段
16. If an approaching car is traveling at 40 mph and the radar gives a
false reading of 41, could you recognize that?
Not on his best day.
17. If an approaching car is traveling at 40 mph and the radar gives
a false reading of 42, could you recognize that?
So to what specific speed you could recognize?
Audio Doppler, audio alarm and automatic speed lock: These are special
features that most radar units incorporate to make the officer's job a
little easier. Audio Doppler is on every radar unit except the Speedgun
Series. If audio Doppler is used, it will aid the officer in confirming that
the target vehicle is speeding. The common problem is that the audio
Doppler can be turned down or completely off, thereby contributing zero to
the unit's reliability. The audio alarm is a preset speed that the radar
unit will sound the alarm to let the officer know he has a fish on his line.
The only way to disenable the alarm is to dial in a very high setting such
as 99 mph. The automatic speed lock is the worst feature of any radar unit.
Once the unit reads a specific speed the unit then locks that speed in on
the display. The officer then has no way of knowing if the reading is false
or a momentary reading. This section should establish the officer's normal
operating methods.
1. Does your radar unit have an audio Doppler? That is, a continuous
audio signal tone that converts the radar unit's Doppler shift into an
audible tone?
This answer should be yes unless the radar unit is a Speedgun.如果是
Speedgun, 跳到 question 13.
2. Does the audio Doppler have a volume control?
It does.
3. Do you ever use your audio Doppler?
如果no,再问一遍,跳到13.如果yes,继续
4. About what percent of the time do you use the audio Doppler?
_______________________________%==>1-***=___________________% for 10.
5. When you operate your radar unit with the audio Doppler on, do you
operate at full volume?
Unless he can't hear at all, he should say no.
6. At what volume do you normally operate the audio Doppler?
如果声音很小,要注意了______________
7. Do you ever turn it off?
Unless he answered question 4 with none, he will likely say yes.
8. Why do you turn it off?
It is extremely annoying, any other answer is a cover up.
9. Does the audio Doppler ever interfere with your use of the police
radio or
conversation with other officers?
Of course it does. __________________________
10. So you operate your radar unit with the audio Doppler turned off
about (___________________ from question 4) percent of the time.
11. During the remaining time, how often do you operate the radar unit
with the
volume on soft?
_________________________________%
12. Do you consider the audio Doppler a valuable tool to prevent
operator errors?
如果说no,说明在我的case里他没用(confirm 之),否则让他解释
13. Is your radar unit equipped with a dial which will allow you to
select a speed above which an audio alarm will sound if a violation speed is
detected?
All radar units have this feature.
14. Let's refer to that feature as an audio alarm. Do you commonly use
this feature of the radar unit?
He has to unless he sets it so high as to never work.
15. About what percent of the time do you use the audio alarm?
如果他说 100%, then ask him how he disengages the alarm.
16. If the speed limit is 40 mph, what speed do you normally dial in
as the pre-set violation speed?
Note the speed, but this answer isn't crucial. __________________mph
17. Do you find the audio alarm to be beneficial?
He will likely say that it is sometimes useful.
18. If a violation speed causes the alarm to sound, you only need to
flip a switch to lock in that speed on the radar unit?
That's how the unit operates.
19. Does the radar unit also have a mode which will allow the unit to
automatically lock in the violation speed? 有无自动锁定?
Yes, it does.
20. Do you ever use the automatic speed lock function?
如果回答no,强调ever再问一遍.如果还说no,结束本段.否则继续
21. About what percent of the time do you use the automatic speed lock
function?
_______________________%
22. Do you find the automatic speed lock convenient?
Of course it is.
23. Do you use the automatic speed lock for any other reasons?
This should be interesting.
24. Was the use of the automatic speed lock included in your training?
答案无所谓
Determining if the officer uses a visual backup: The typical officer
has a standard pattern of testimony. This pattern normally indicates that
the officer observed the defendant's vehicle doing approximately X mph and
he then used the radar unit as a backup to his visual estimation of the
speed. This is pure fantasy since the maximum distance a highly trained
officer can make a visual identification from is approximately 500 feet. The
radar unit can make the same identification for up to 5,000 feet. As a
result, the audio alarm will sound before the officer can make the visual
identification. This section is designed to verify this fact and try to get
the officer to make a statement that will come back to haunt him later in
your presentation.
1. Are you familiar with the term "traffic history?"
You want to verify that this term refers to the continuous observation of
the traffic by an officer.
2. With regard to speeding tickets, it is normal for an officer to
observe the traffic patterns for several seconds - usually three to five -
before he sees what he believes to be a speeding violation. In other words,
three to five seconds before the radar unit sounds the audio alarm. Do you
agree with this assessment?
He will have to in order to keep up the fantasy of the radar for backup.
3. With this definition in mind, have you EVER taken a traffic history
prior to issuing a speeding citation?
He should say yes. 如果说no,跳到5
4. What percentage of the time would you say that you take a traffic
history?
应该很高.
5. Do you feel that it is important to take a traffic history in
speeding cases?
He will likely say yes. If he says no, then you have a valid argument that
he was relying solely on the radar unit.
6. At what approximate distance can you determine the exact speed of a
target vehicle? 一般500 feet,否则让他给他数字
7. When you take a traffic history and make the visual estimate of
speed, do you do so before the radar unit sounds the audio alarm? 是不是在雷
达响之前目测
-是: since the radar unit has a range of at least 1000 feet. 继续 questions
8 and 9.
-不是: 跳过8和9,到10
8. What is the approximate range of your radar unit?
如果他不知道. 给他 range of 3,000 to 5,000 feet. 如果还不知道 ask if he
would be surprised to know that the radar unit has a range of at least 3,000
feet. if he says yes he would be surprised, you just caught him in a
crucial technical question.
9. Despite knowing this range you still contend that the radar unit
does not sound the audio alarm before you are able to identify the speed of
a vehicle?
如果他敷衍说有时报警,有时不报,点出radar unit might have glitches from time
to time.如果他说no,自相矛盾
10. If the radar unit sounds the audio alarm before you have determined
that the target vehicle is speeding, how can you say that you have taken a
traffic history?
He will have to say that the alarm alerts him to the presence of a potential
speeder.
11. Do you look at the radar unit to see what the reading is?
He will likely say that he looks. if he denies looking he has to admit that
he knows the vehicle is going at least as fast as the audio alarm setting.
12. Does the fact that the audio alarm has sounded influence your
judgment as you make your visual estimate of speed? In other words, are you
more likely to agree that a target vehicle is traveling a certain speed
since the audio alarm has already acknowledged this fact?
如果不需要audio alarm辅助,为何不干脆关掉?He should agree. If he doesn't ask
him why he doesn't just run the audio alarm setting up so high that it will
never go off?
Determining knowledge of beam width and range: Remember that Kentucky v
Honeycutt will be used to show that the officer does not need to be an
expert in the field of radar. You are trying to demonstrate to the court
that the officer lacks certain basic knowledge that he should have.
1. Do you know what the normal range of your radar unit is?
Get him to give you a figure of some sort. Then give the manufacturer's data
if you have it. If not it will likely be at least 3,000 feet.
2. At a distance of 1,000 feet, how wide is the radar beam?
Again, try to pin him down to a figure of some kind. Figure a traffic lane
to be 12 feet. In reality, a 12 degree beam will measure 287 feet at a
distance of 1,000 feet while a 24 degree beam will measure 574 feet.
3. How far away from the unit will the beam travel before it covers one
lane?
Again, get a figure. The true amount is about 50 feet but most officers will
guess around 500 feet.
4. With what degree of confidence can you aim your antenna at a
specific lane of traffic at a distance of 500 feet.
The answer is no confidence at all.
5. In the stationary mode, you can operate to record traffic going away
from you or coming towards you, is that correct?
This is correct.
6. Can the radar unit distinguish between traffic directions?
It will pick up traffic in either direction.
7. In the moving mode, can the radar unit pick up traffic in both
directions?
The Speedgun 8 unit can, most all others can only pick up traffic coming
towards the
radar unit.
8. What types of things will stop the radar beam? For example, will the
radar read through bushes and tall grass?
Radar can pass through light brush
9. Can you get the speed of a vehicle around a curve or over a hill?
Not even possible. Remember, the beam travels in a straight line.
10. Will the beam bounce off a metal building or sign?
Certainly.
11. If the beam bounces off something could it pick up the speed of another
vehicle at an angle to the radar unit?.
Absolutely.
12. Can a high-voltage power line interfere with the radar beam?
Again, absolutely.
13. What about neon signs or street lights, can they cause interference?
Notice a pattern here?
Final questions: These are designed to apply the specifics of your case
against the answers the officer gave for the typical operation of the unit.
1. Could you again recall the facts of this particular citation?
2. Isn’t it true that I was driving along a straight road before you
stopped me? (我是按照直线行驶的) which way were you driving in before you
enter the west of Douglas road?从哪个方向上的douglas road?
3. Is it true that the other three entrees all have very good lightening
system, except the west of Douglas road section?
4. Were you in a stationary or moving mode at the time?
5. What is your patrol speed? Is this from the radar or from the speedometer?
_____________________________mph
7. Was the my car approaching you or traveling away from you?
8. Did you see any other traffic around the defendant's vehicle? If so, what
types and where were they located?
9. Was there any traffic moving in the same direction as you?
10. What speed was the audio alarm set for? Did you make any adjustments to
it during your shift?
11. Did you determine an estimated speed of the defendant's vehicle based on
your visual dentification? If so what was your point of reference? 后面显示
照片,很黑,看不清
12. How many seconds passed between the time you first saw the defendant and
the time your audio alarm sounded?
_______________________s
13 How many seconds passed between the time you estimated my speed and your
car bypass mine.
___________________________s
14. How far were we separate when you estimate my speed?
Does that means in __________s, we passed _____________ feet?
So the relative speed is _______feet/_______s=________feet/s=_____mph
So my speed is __________mph-your patrol speed_____=___________mph
有没有问题???
14. As for the calibration of the radar unit, at what times before and after
you wrote the defendant's citation did you use the radar unit's internal
calibration function?
15. At what times before and after you wrote the defendant's citation did
you use an external tuning fork for calibration?
16. In your opinion, what is the difference between the internal calibration
and the tuning fork calibration methods?
17. Do you feel that one calibration method is more accurate than the other?
18. Can you state how you use the tuning fork to calibrate the radar?
19. Has the radar been repaired? 问maintanence的频率
20. Do you know cosine error?
In moving mode, a cosine error can reduce the computed speed of the patrol
vehicle. So when the counting unit computes the target speed with CS-PS=TS,
the target speed will be higher than it should be. To counteract this, the
officer needs to check his speedometer against patrol speed displayed by the
radar. In MOVING mode, it is always to the disadvantage of the violator and
something you need to consider if targeted with MOVING radar.
============================================================
结案陈词(做cross exam的时候就要准备,把符合的条件在下面勾出来,这样结案成词的
时候不用慌,有个提纲)
1. police incompetent
a) 记不清case细节
b) 不了解周边环境circumastance
c) 对最基本的雷达technical data不了解, 不知道雷达的测量范围
d) training培训时间不够,不够专业, has no or litter training on the
specific radar he used in my case
e) 对雷达基本操作注意事项 unclear about the key points in operating radar
units和how to avoid error不了解
f) 很久以前培训的,现在可能operation not proper,或者radar model has
changed
g) officer can not recall the particulars of his radar training class,
how could he remember the subject taught
2. police承认雷达can give deceptive or false reading
3. audio doppler is turned down or off, which contribute zero to the unit
’s reliability
4. plice relies soly on the radar unit. No traffice history. No visual
estimate as backup.
5. 没有及时用tuning fork calibrate radar. This can result in a wrong
result.
6. Radar没有经常maintenance,可能有问题
7. Due to the curve in the road, the police officer does not have enough
time to estimate my speed.
8. The speed tested by the radar might involved cosine error, which can
be large depending on the curvature of the turn. This is very important!!!
=========================================================================
PROOF OF SERVICE
I, **********, declare:
1. I am over the age of eighteen and not a party to the within action.
2. My residence address is **************, in the county within which the
mailing herein mentioned occurred.
3. On Jan 29, 2009, I served the within Requirements for Discovery by
enclosing true copies thereof in two separate sealed envelopes, with the
postage thereon fully paid, in the United States Postal Office at 邮局地址,
and said envelopes being mailed via certified mails to the addresses:
警察地址
And
prosecutor地址
I declare under penalty of perjury under the laws of the State of Indiana
that the foregoing is true and correct.
DATED: Jan 30, 2009
_____________________
___
*******
最后端正心态:我是第一次上庭,以前有张ticket,在prosecutor那里就从了,这次决定斗
争到底.我的心态是:这帮条子都折磨了我快半年了,我不求胜诉,只求给他们造成点麻烦
.他来了,我就申请延期,有之前发出的那张传票记录,延期还是问题不大的.就算不能延
期,也得问得他们不爽,至少今天晚上荷尔蒙分泌紊乱.把自己放在中国足球的位置,啥都
好办
其实时间花到了,律师能办的事儿,咱自个儿也能办.不过为了省点麻烦,各位以后开车还
是悠着点.官司缠身半年还是挺不爽的
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※ 修改:·wokaowokao 於 Feb 10 16:01:29 2009 修改本文·[FROM: 129.74.]
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