New Charge & Predicate Packet

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State roads - Oahu State Roads and Highways

http://hawaii.gov/dot/highways/islands/oahu/oahuroad.htm

STATE OF HAWAIIDEPARTMENT OF TRANSPORTATION

HIGHWAYS DIVISIONOAHU DISTRICT

1. Interstate Route H-1, Connection with Kalanianaole Highway in Waialae to connection with Farrington Highway in Makakilo

2. Interstate Route H-2, Intersection with Interstate Route H-1 at Waiawa Interchange to Wahiawa

3. Interstate Route H-3, Marine Corps Base Hawaii to Intersection with Interstate Route H-1 at Halawa Interchange

4. Route 61, Pali Highway, Honolulu to Kailua

5. Route 63, Likelike Highway, Kalihi to Intersection with Kamehameha Highway (Route 83) in Kaneohe

6. Route 64, Sand Island Access Road

7. Route 65, Kaneohe Bay Drive, Intersection with Kamehameha Highway (Route 83)  in Kaneohe to Kailua

8. Route 72, Kalanianaole Highway, Intersection with Interstate Route H-1 to Intersection with Pali Highway (Route 61)

9. Route 76, Fort Weaver Road, Intersection with Interstate Route H-1 to Ewa Beach

10. Route H201, Moanalua Freeway, Middle Street to Halawa Interchange

11. Route 80, Kamehameha Highway, Wahiawa to Intersection with Kamehameha Highway (Route 99)

12. Route 83, Kamehameha Highway, Intersection with Pali Highway (Route 61) to Intersection with Kaneohe Bay Drive (Route 65)

13. Route 83, Kahekili Highway, Intersection with Likelike Highway (Route 63) to Kahaluu

14. Route 83, Kamehameha Highway, Kahaluu to Haleiwa

15. Route 92, Nimitz Highway, Pearl Harbor to Honolulu Harbor

16. Route 92, Ala Moana Boulevard, Honolulu Harbor to Waikiki

17. Route 93, Farrington Highway, Waiawa Interchange to Makua

18. Route 95, Kalaeloa Boulevard, Intersection with Interstate Route H-1, Makakilo Interchange to Barbers Point Harbor

19. Route 99, Kamehameha Highway, Schofield Barracks to Waialua

20. Route 750, Kunia Road, Intersection with Interstate Route H-1 to Schofield Barracks

21. Route 930, Farrington Highway Waialua to Dillingham Airfield

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New Charging Language for

286-102(enhanced), DRIVING WITHOUT LICENSE

431: 10C- 104(a) (enhanced), DRIVING WITHOUT MOTOR VEHICLE INSURANCE (driver; auto) and (owner; auto)

291C-105 (various), EXCESSIVE SPEEDING

291C-102(a) NONCOMPLIANCE WITH SPEED LIMIT - (Effective 1/1/07)

Section 286-102(enhanced), H.R.S.DRIVING WITHOUT LICENSEPetty Misdemeanor/Misdemeanor

On or about (Offense Date), in the City and County of Honolulu, State of Hawaii, (Defendant)did operate a motor vehicle without first being appropriately examined and duly licensed as aqualified driver of that category of motor vehicle, thereby committing the offense of DrivingWithout License, in violation of Section 286-102 of the Hawaii Revised Statutes.

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If 3rd or subsequent offense::

286-136(b) (Defendant) is subject to sentencing in accordance with Section 286-136(b) of theHawaii Revised Statutes where (Defendant) had two or more prior convictions for the sameoffense in the five-year period preceding the instant offense.

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NOTE: § 286-136 Penalty. (a) Except as provided in subsection (b), any person who violatessection 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be finednot more than $ 1,000 or imprisoned not more than thirty days, or both. Any person whoviolates any other section in this part shall be fined not more than $1,000.

(b) Any person who is convicted of violating section 286-102, 286-122, 286-130, 286-131, 286132, 286-133, or 286-134 shall be subject to a maximum fine of $1000 or imprisoned notmore than one year, or both, if the person has two or more prior convictions for the sameoffense in the preceding five-year period.

Amended: 2005, Drafted by: R. Stacey

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Section 43 1: 1 OC- I 04(a) (enhanced), H.R.S.DRIVING WITHOUT MOTOR VEHICLE INSURANCE(driver; auto)Violation/Petty Misdemeanor

On or about (Offense Date), in the City and County of Honolulu, State of Hawaii, (Defendant)did operate or use a motor vehicle upon a public street, road, or highway of the State of Hawaiiat a time when such motor vehicle was not insured under a motor vehicle insurance policy,thereby committing the offense of Driving Without Motor Vehicle Insurance, in violation ofSection 43 1: 1 OC- I 04(a) of the Hawaii Revised Statutes.

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If 1st offense w/in 5 yrs:431: 10C- 117(a) (Defendant) ) is subject to sentencing as a first offender in accordance withSection 431: 10C-117 (a) of the Hawaii Revised Statutes.

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If 2nd or subsequent offense:431: 10C-117 (a) (Defendant) is subject to sentencing in accordance with of the 431: 10C-117 (a)

Hawaii Revised Statutes, where (Defendant) committed the instant offense(s)within a five-year period from a prior offense of driving without a valid motor vehicleinsurance policy.

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NOTE: §431:10C-117(a)(6), H.R.S.' : As of 6/14/06, any violation as provided in431: 10C-117 (a) (2)(B) shall not be deemed to be a traffic infraction as defined by Chapter 29 1 D.

See § 431:10C-117, H.R.S., for penalty.

Amended: 6/14/2006, Drafted by: R. Stacey

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Section 431:10C-104(b)(enhanced), H.R.S.DRIVING WITHOUT MOTOR VEHICLE INSURANCE(owner; auto)Violation/Petty Misdemeanor

On or about (Offense Date), in the City and County of Honolulu, State of Hawaii, (Defendant),as the owner of a motor vehicle used or operated at any time upon a public street, road, orhighway of the State of Hawaii, did fail to obtain a motor vehicle insurance policy upon suchvehicle which provided the coverage required by the Hawaii motor vehicle insurance law and/ordid fail to maintain the motor vehicle insurance policy at all times for the entire motor vehicleregistration period, thereby committing the offense of Driving Without Motor Vehicle Insurance,in violation of Section 431:10C- 104(b) of the Hawaii Revised Statutes.

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If 1st offense w/in 5 yrs: 431: 10C-117 (a) (Defendant) ) is subject to sentencing as a first offender in accordance withSection o431: 10C-117 (a) f the Hawaii Revised Statutes.

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If 2nd or subsequent offense:,431:10C - 117(a) (Defendant )is subject to sentencing in accordance with Section 431:10C11 7(a) of the Hawaii Revised Statutes, where (Defendant) committed the instant offense(s)within a five-year period from a prior offense of driving without a valid motor vehicleinsurance policy.

NOTE: §431:10C-117(a)(6),H.R.S.: As of 6/14/06, any violation as provided in 431:10C117(a)(2)(B) shall not be deemed to be a traffic infraction as defined by Chapter 291D.

See § 431:10C-117, H.R.S., for penalty.

Drafted by: R. Stacey

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Section 291C-105(various), H.R.S.EXCESSIVE SPEEDING - (On or after 1/1/2007)Petty Misdemeanor

On or about (Offense Date), in the City and County of Honolulu, State of Hawaii, (Defendant)did drive a motor vehicle at a speed exceeding

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(a)(1) the applicable State of Hawaii or county speed limit by thirty miles per hour or more,

OR

(a)(2) eighty miles per hour or more irrespective of the applicable State of Hawaii or countyspeed limit,

OR

(a)(1) and/or (a)(2) the applicable State of Hawaii or county speed limit by thirty miles per houror more and/or eighty miles per hour or more irrespective of the applicable State of Hawaii orcounty speed limit,

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thereby committing the offense of Excessive Speeding, in violation of Section 291C105(Subsection) of the Hawaii Revised Statutes.

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If 1st offense Win 5 yrs:

(c)(1) (Defendant) ) is subject to sentencing as a first offender in accordance with Section 291 C105(c)(1) of the Hawaii Revised Statutes, where the instant offense was not preceded by aprior conviction under Section 291C-105 of the Hawaii Revised Statutes in the preceding fiveyears.

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If 2nd offense Win 5 yrs:

(c)(2) (Defendant) ) is subject to sentencing in accordance with Section 291C-105(c)(2) of theHawaii Revised Statutes, where (Defendant) ) committed the instant offense within five yearsof a prior conviction for an offense under Section 29 1 C- 105 of the Hawaii Revised Statutes.

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If 3rd or subsequent offense w/in 5 yrs:

(c)(3) (Defendant) is subject to sentencing in accordance with Section 291C-105(c)(3) of theHawaii Revised Statutes, where (Defend ) committed the instant offense within five yearsof two prior convictions for offenses under Section 291C-105 of the Hawaii Revised Statutes.

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NOTE: 'The applicable state or county speed limit' means:(1) The maximum speed limit established by county ordinance;(2) The maximum speed limit established by official signs placed by the director of

transportation on highways under the director's jurisdiction; or(3) The maximum speed limit established pursuant to section 29 1 C- 104 by the director of

transportation or the counties for school zones and construction areas in theirrespective jurisdiction. See Section 291C-105(b), H.R.S.

See Section 291C-105(c), H.R.S., for graduated penalties for multiple convictions withinfive years.

Effective: l/l/2007Drafted: 5/22/2007Drafted by: R. StaceyPLEASE USE THIS FORM FOR OFFENSES OCCURING ON OR AFTER 1/1/2007

NONCOMPLIANCE WITH SPEED LIMIT - (Effective 1/1/07) Section 291C-102(a)(1)or(2) HRSViolation

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On or about the __ day of 20__, in the City and County of Honolulu, State of Hawaii, Defendant _____

(a)(1) did drive a motor vehicle at a speed greater than the maximum speed limit other than provided in Section 291C-105, where the maximum speed limit was established by

OR(a)(2) did drive a motor vehicle at a speed less than the minimum speed limit where the minimum speed limit was established by

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County ordinance,OR

official signs placed by the Director of Transportation on highways under the Director's jurisdiction,

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thereby committing the offense of Noncompliance with Speed Limit, in violation of Section 291C-102(a)(1) or (2) of the Hawaii Revised Statutes.

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Speeding (Laser)

Preliminary questionsPlease state your name and occupationHow long have you been an HPD officerWere you so employed and on duty on ________On that date and time, did you cite someone later known to you as _____________If you were to see that person again, would you be able to recognize him/herIf he/she is in the courtroom could you please point to him/her and describe what he/she is wearingMAY THE RECORD REFLECT THE ID OF DEFENDANTOfficer, on [date] what did you cite the Defendant forWhere was the location of that offenseIs that in the C&C Honolulu, State of HI

TRAINING QUESTIONSTraining:Officer, on [date] were you equipped with any kind of device for measuring the speed of a vehicleWere you ever trained [qualified] in operating this device By whom were you trainedWhat did that training consist of Can you describe your training to the court [OR] What did that 4 hours of training includeDuring that training, were you provided with a training manual for the LTI 20/20Was that manual provided by Laser Technology Inc, the manufacturer of the LTI 20/20Was your training based upon that manualDuring your training, were you taught any tests that were recommended by the manufacturer to determine whether or not the LTI 20/20 was working properlyWere these tests contained in the manual that was provided by Laser Technology IncWhat were the tests that you were trained to conduct in order to determine whether the LTI 20/20 was working properly

[Describe the 3 tests and the check]Are these tests that you perform in accordance with the established manufacturer's procedures to ensure that the device is working properly within the manufacturer's specificationsBased on your training using the manual provided by Laser Technology Inc., how would you determine whether or not the LTI 20/20 was working properlyWhat kinds of results would you get if the device were not working properly

Experience:

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In your experience as a Honolulu Police Officer, have you ever used the LTI 20/20 to measure the speed of a vehicle beforeApproximately how many times had you used the LTI 20/20 prior to [date]

Tests on [date of incident]:Did you perform these 4 tests on the LTI 20/20 on [date]When did you perform the testsIs that the recommended time frame for testing the device according to the manufacturer's proceduresBased on these tests that you performed on [date] was the device working properly within the manufacturer's specifications

Other speeding questions:Officer, now you said that you cited the Defendant for speeding on [date].

[can insert diagram questions here]What were the lighting conditions like, weather/traffic/roadWhat drew your attention to Defendant's vehicleWhat did you do once you observed the Defendant's vehicleIs the LTI 20/20 that you pointed at the Defendant's vehicle the same device that you previously testified that you tested and that was working properly on [date]Where did you point the laser on the Defendant's vehicleHow did you know that the laser was pointed directly at the Defendant's vehicleWhat was the readout that you observed on the LTI 20/20 device for the speed of the Defendant's vehicleDid you have a constant visual of the Defendant's vehicle from the time you first observed it until you got the reading of ____ miles per hour

Officer, are you familiar with the area where you observed the Defendant's vehicleHow are you familiar with that areaAre there any speed limit signs in that areaWhere are they locatedWould the Defendant have had to pass those signs to get to the area where you lasered him/herAre they official city and county or state of Hawaii speed limit signsWhat was the speed posted on those signsWere the signs clearly visible and legible on [date] when you cited the Defendant*Ask the court to take judicial notice of the speed schedules on file with the district court*What is the speed limit in the area where you cited Defendant for going ____ miles per hour

What did you do upon getting the readout of the LTI 20/20Did the Defendant's vehicle pull overWho was driving the vehicleWhat, if anything, did the Defendant say?

Did everything that you testify to occur in the City and County of Honolulu, State of Hawaii.

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Speed Check: Records of Regularly Conducted Activity HRE 803(b)(6)HRE 803(b)(6) Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made in the course of a regularly conducted activity, at or near the time of the acts, events, conditions, opinions, or diagnoses, as shown by the testimony of the custodian or other qualified witness, or by certification that complies with rule 902(11) or a statute permitting certification, unless the sources of information or other circumstances indicate lack of trustworthiness.

1. What is a speed check card?

A card that shows the results of testing a vehicle’s speedometer.

2. Why are speed checks made?

Per HPD reqts, to verify that my vehicle’s speedometer is working properly. It’s an independent

check of my vehicle’s speedometer.

3. What are speed checks used for?

HPD officers use them in traffic speeding PACE cases.

4. Does HPD use speed check cards?

Yes.

5. Who makes speed check cards for HPD?

Roy’s Kalihi Automotive

6. What kind of vehicle do you drive?

Subsidized v Blue & White

If subsidized:

i. What kind of vehicle do you drive? 2004 Ford Crown Victoria

ii. What is the LP # of your vehicle? NNR 436

7. Have you ever had a speed check done for your vehicle?

Yes

8. Does HPD require you, as an officer, to have a speed check performed on your subsidized vehicle?

Yes, HPD and HPD IA

9. How often do you have a speed check performed on your vehicle?

Once a year

10. Are speed check cards good for one year?

11. Are there expiration dates noted on speed check cards?

12. Do you have speed checks conducted in the course of regularly maintaining your HPD subsidized vehicle?

Yes.

13. Do you have a speed check card covering the date of offense for Defendant, specifically, September

19, 2007?

April 5, 2007 Speed check card

14. Did you have a speed check conducted on your vehicle on April 5, 2007?

15. How did you arrange for your speed check to be performed?

Called Roy, and made appt.

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16. Who conducted the speed check on your vehicle on April 5, 2007?

17. On April 5, 2007, did you receive the results of your speed check?

18. How are the results of your speed check recorded? On a speed check card.

19. Were you present when the speed check was being performed on your vehicle?

20. When did you receive the speed check card from Roy? Immediately after speed check performed.

21. Is the date of speed check noted on the card? Yes.

22. Do you keep your speed check cards in the normal and ordinary course of your duties as an officer

with HPD?

May the record reflect that I am showing to defense counsel what has been marked for identification as State’s Exhibit 1. May I approach?

23. Officer, I’m handing you what has been marked as State’s Exhibit 1 for identification, and ask you to look

at it.

24. Do you recognize State’s Exhibit #1 for identification?

25. What is State’s Exhibit #1 for identification? My speed check card.

26. Have you seen State’s Exhibit #1 for identification before?

27. When was the first time you saw State’s Exhibit #1 for identification?

28. How can you recognize it?

It looks like a copy of the original I have in my possession.

It has my badge number, car make and LP #.

What is your badge #? Car made and model? LP #?

29. Who prepared this document?

Seems to have been prepared by Roy Ozaki.

30. How do you know that?

I was there when he prepared it after doing the speed check on my vehicle.

31. Who is Roy Ozaki?

He conducts speed checks on HPD vehicles

32. Is State’s Exhibit #1 for identification the original speed check card you received from Roy on April 7,

2007? No, it’s a copy.

33. Where is the original April 7, 2007, speed check card? I have it in my possession.

34. Have you compared the original April 7, 2007 speed check card with State’s Exhibit #1 for identification?

35. Based on your comparison, is State’s Exhibit #1 for identification the same or substantially the same

document as your original April 7, 2007 speed check card?

36. Are you able to submit the ORIGINAL 4/7/07 speed check card? No, I need it for other cases.

Your Honor, the State moves for the admission of State’s Exhibit #1 for identification into evidence.

37. What is the date of the speed check card identified and admitted into evidence as State’s Exhibit #1?

38. Go through each speed.

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July 23, 2007 Speed Check CardMay the record reflect that I am showing to defense counsel what has been marked for identification as State’s Exhibit 2. May I approach?

39. Officer, I’m handing you what has been marked as State’s Exhibit 2 for identification, and ask you to look at it.

40. Do you recognize State’s Exhibit #2 for identification?41. What is State’s Exhibit #2 for identification? My speed check card.42. Have you seen State’s Exhibit #2 for identification before?43. When was the first time you saw State’s Exhibit #2 for identification?44. How can you recognize it?

It looks like a copy of the original I have in my possession. It has my badge number, car make and LP #. What is your badge #? Car made and model? LP #?

45. Who prepared this document? Seems to have been prepared by Roy Ozaki.

46. How do you know that? I was there when he prepared it after doing the speed check on my vehicle.

47. Who is Roy Ozaki? He conducts speed checks on HPD vehicles

48. Is State’s Exhibit #1 for identification the original speed check card you received from Roy on No, it’s a copy.

49. Where is the original July 23, 2007, speed check card? I have it in my possession. 50. Have you compared the original July 23, 2007 speed check card with State’s Exhibit #1 for identification? 51. Based on your comparison, is State’s Exhibit #1 for identification the same or substantially the same

document as your original July 27, 2007 speed check card?52. Are you able to submit the ORIGINAL July 27 2007 speed check card? No, I need it for other cases.

Your Honor, the State moves for the admission of State’s Exhibit #2 for identification into evidence.

53. What is the date of the speed check card identified and admitted into evidence as State’s Exhibit #2?54. Go through each speed.

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Per State v. Ing, “where regular tests are made and the records of the tests are kept by the City and county or the

police dept the card can be introduced as an ordinary business entry of evidence of such record indicating the

routine testing of speedometers.” 53 Haw. 466, 468 (1972) (citing HRS 622-5 (repealed 1980)). Re the

Confrontation Clause, “[I]n the instant case where appellant failed to adduce evidence bringing to issue the

accuracy of the speedometer, production of the mechanic who performed the speed check was unnecessary and

even if he were produced cross-examination of the mechanic would be of small utility, if at all, to the

appellant.” Id. at 468.

Re Accuracy of speedometer must be established before readings taken from it may be offered in

evidence. Per Justice Levinson’s concurring view, “the accuracy of standard automobile speedometers is a

matter of common knowledge and in speeding violations, or other cases where speed is at issue, the generally

recognized reliability of these devices should be sufficient basis for admitting into evidence speedometer

readings.” Id. at 471.

Re State’s failure to adduce competent evidence of speedometer’s accuracy. Per Justice Levinson, b/c there was

no objection to best evidence when the card was read into evidence, contents of card properly came into evidence.

Per Levinson, lay better foundation to include: (1) speed check performed as part of regular maintenance of

vehicle; (2) result of test recorded on calibration card by mechanic performing the test; and (2) date of test

recorded on card. Per Levinson, the mechanic would no motive to falsify the data on card, he could testify to no

more than what appears on the card, testimony of Roy is not required.

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SPEEDING – LASER

1. _____Review at office or court – ___ is road on speed schedule? Remember – Can be C & C or State, or Airport (DOT). Otherwise, if officer can testify to official signs, cite Vallegos and

291C-35? Also, C & C roads default to 25 mph if not in speed schedule, per ROH 15-19.7? But still need street signs. _____ Tab speed schedule for court (remove after court)

2. If need to amend charge, let D know right away at beginning or before court

3. Review with officer after he/she reviews citation: 1. _____ Can ID? 2. _____Date/time 3. _____ Type of car 4. _____ Speed limit5. _____ Official signs – _____City or _____State? 6. _____ Laser tested, working properly7. _____ Understand speed schedule location? 8._____ Show map book 9. _____ Diagram

4. Procedure in Court1. _____ Show ticket to D 2._____ Show diagram to D 3. _____ Mark Exhibits4. _____ Tag available to read 5. _____ Charge (NG or Deny) 6. _____ Witness exclusionary rule 7. _____Tachibana rights, part I8. _____ End of case, check elements 9. _____ Exhibits entered 10. _____ State rests11. _____Tachibana rights, part II 12. _____ Right to Allocution

_____ ID in court _____ Venue _____ Date _____ Speed limit _____ Official signs

_____C & C road _____ Laser reading _____ D driver _____ Ex. ___ diagram in evidence

1. Officer, please state your name and occupation for the record.

2. How long have you been with HPD?

3. Were you so employed and on duty on _____________, 20____, at approximately_______ ?

4. On that date, did you cite someone known to you as ____________________?_____ Date

5. If you were to see that person again, would you be able to recognize him/her?

6. Please take a look around the courtroom and tell us if that person is present.

7. If he/she is in the courtroom today, please point out the person and describe what he/she is wearing for the record and where he/she is sitting.

8. Your honor, May the record please reflect that the witness has identified the Defendant, ________? ______ ID in court

9. Where was the location of the alleged offense?

Is that a public roadway?

. Is that in the City and County of Honolulu, State of Hawaii?

_____ Venue

. On that date and time, what was your assignment?

. What type of vehicle were you operating on that day?15

. Were you equipped with any type of device to measure the speed of a motor vehicle?

LASER CERTIFICATION/QUALIFICATION AND TESTS

. Were you certified/qualified* to use the LTI 20-20 laser gun?*basically same thing, but defense may jump up and object depending upon how D answers

. By whom? When?

. Was this certification/qualification valid on the date of the offense?

. Were you instructed in testing and operating the device?

. How many hours of instruction did you receive?

. On that date, __________________, did you test the laser gun?

. When did you test it? (also, may do some tests after)

. How did you test it?

i. _____ Sight alignment ii. _____ Calibration

iii. _____ LED iv. _____ Delta Distance

. What were the results of the tests?_____ Laser device working properly

What would you have done if the tests indicated that the laser device wasnot functioning properly? Test again? When?

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Facts of offense

. At approximately ______________ (time), just prior to citing Defendant, where exactly were you?

. What were the _____lighting conditions in the area where the offense occurred?_____ weather_____ traffic_____ road

DIAGRAM

. Did you prepare a diagram today?

Would that assist in your testimony to the court?

Your honor, may I have the witness step down?

Now, referring you what has been previously shown to defense counsel and marked foridentification only as State’s Exhibit ____, do you recognize that?

What does it purport to show?

Who prepared it?

Are you familiar with that area, as it was on the date in question?

How are you familiar with the area?

Please orient the court to the diagram

Does the diagram fairly and accurately represent the area where youcited Defendant on the date in question? (not to scale)

Where were you when you first observed the Defendant?

In what direction were you facing?

Where was Defendant?

What direction was Defendant travelling in?

What actions of Defendant led you to cite him/her?

What did you do?____used laser gun on the car

Were there any other vehicles near his/her car?

Would they have had any effect on your laser unit?

Where did you aim the laser?

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How did you know the laser was aimed properly?____red dot/sight scope

What is the expansion rate? Please explain.

Did you have a clear and unobstructed view of Defendant’s car and plate?

How far away was Defendant’s car when you activated the laser gun?

What was the readout of the laser unit?______ mph ______ feet

What did that mean to you based on your training and experience?Car was going ______ mph at time I lasered it

SPEED LIMIT SIGNS

Were there any speed limit signs posted in the area?

Where were they located?

Would Defendant have passed these signs?

How many signs would Defendant have passed?

Were those signs clearly visible and legible?

Are you familiar with official _____City and County of Honolulu/ or_____ State of Hawaii traffic control devices?

How did you become familiar with them?_____ Training & experience, patrol

Have you seen similar traffic control signs before?

Were these signs official City and County of Honolulu/State of Hawaiitraffic control signs?

What speed was indicated on these signs?_____ _____ mph

Did you have a clear and continuous view of Defendant’s vehicle from the moment you firstsaw him/her until the moment the alleged violation occurred?

What did you do after ascertaining Defendant’s speed at _____ mph?_____ pulled him/her over

Did you explain to Defendant why you stopped him/her?

What, if anything, did Defendant say? ____________________________________________

Who was behind the wheel when you pulled over the vehicle?_____ Defendant

SPEED SCHEDULE

May the court take judicial notice of the Speed Schedule of_____ the City and County of Honolulu _____ the State of Hawaii

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_____ the Honolulu International Airport on file with the __________ District Court?

Note: officer may have to show he is familiar with and give the court the proper landmarks to use the speed schedule. Example: Officer cites Defendant going 50 mph in the mauka direction on Piikoi St. betweenKapiolani Blvd and South King St. The speed schedule says that on Piikoi St. thespeed limit is 25 mph starting from Ala Moana Blvd to Wilder St. The officer may want to include the area from Ala Moana Blvd all the way to Wilder in the diagram, or at least be able to indicate that the area where Defendant was cited was within the area listed on the speed schedule.

_____ Enter diagram into evidence

_____ Enter other exhibits into evidence

VENUE: did everything to which you have testified occur in the City & County of Honolulu, State of Hawaii?

_____ Venue again

D case - _____ Tachibana at time of decision to testify/not testify

Cross on D – potential questions

Where were you going?In a rush?Late for work?You noticed the officer, right?You have travelled on that road before, correct?In fact, many times? That was the officer who cited you, correct?No problems before with that officer, correct? (be careful if there are priors)You don’t disagree that there were big speed limit signs there that day, do you?And you recognize them as speed limit signs?

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Laser CalibrationSelf Test: Done by turning the unit on. Unit will conduct its own self test. If something is wrong with the unit a display of 50-55, E-50 or E-55 will be displayed.Display Test: Depress the Test Mode button. A display of 8.8.8.8. should be displayed. This will test the LEDs of the display screen.Scope Alignment Test: Depress the Test Mode button and release quickly. A reading of “tt” will be displayed. Hold the trigger down and pan horizontally and vertically against a target to make sure the red dot is centered within the scope.Calibration Test (Delta Distance Velocity Test): 2 remeasured points using a steel measuring tape. Press and hold down the Test Mode Button. A display of “t-d1” should be displayed. Shoot your first premeasured point (farthest distance 1”). Depress the Test Mode button again and a display of “t-d2” should appear. Shoot your second premeasured point (closest point) then depress the Test Mode buttons again. The difference between the two points times 2 should appear on the screen. Ex: 130-105=25 x 2 =50. If you are within =/-1, the unit is calibrated.**Times 2 because the distance is converted to MPH and 6 inches =1 MPH.

Might want to ask the officerDo you know where the measuring points are?

They don’t measure it themselves. There are premeasured points that you are set to aim at (when you calibrate it before leaving the station)

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Stopping Distances

Instead of having to learn all the data contained in the table shown below there is a formula you can remember in order to calculate the overall stopping distance, which is as follows:-

x² ÷ 20 + x = Overall stopping distance in feet.

x = speed

For example:   If you are travelling at 30 mph

30² ÷ 20 + 30 =

(30 x 30) ÷ 20 + 30 =

900 ÷ 20 + 30 = 75 ft.

SPEEDTHINKING DISTANCE

See comments aboveBRAKING DISTANCE OVERALL STOPPING

DISTANCE

20 mph 20 ft. (6 m) 20 ft. (6 m) 40 ft. (12 m)

30 mph 30 ft. (9 m) 45 ft. (14 m) 75 ft. (23 m)

40 mph 40 ft. (12 m) 80 ft. (24 m) 120 ft. (36 m)

50 mph 50 ft. (15 m) 125ft. (38 m) 175 ft. (53 m)

60 mph 60 ft. (18 m) 180 ft. (55 m) 240 ft. (73 m)

70 mph 70 ft. (21 m) 245 ft. (75 m) 315 ft. (96 m)

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