Notice AppealCal. Super. - 6th Dist.June 17, 202110 L TITLE OF CASE (ABBREVIATED) 95 HOMESTEAD RD, SANTA CLARA, CA 95050 ‘ NAME OF SUPERIOR COURT AND ADDRESS F NLY SUPERIOR COURT OF CALIFORNIA Efigflgfi COUNTY OF SANTA CLARA I TRAFFIC COURT FACILITY JUN 11 2021 D Clerk the Court ‘99“.‘19’9‘99’N7‘ 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27‘ 28, the following papers and records: PEOPLE vs JULIEN THOME SUWW Court 0 tv 0' Santa Chm BY ' DEPUTY 0Q RECEIPT FOR RECORD CASE NUMBER Received from the Clerk of the above named Court, 716TR539869 CERTIFIED COPY OF CITATION DATED 08/03/2016 CORR FROM DEFENDANT REQUESTING TRIAL BY WRITTEN DECLARATION DATED 11/02/2016 COPY OF ENVELOPE FROM DEFENDANT DATED 11/07/2016 REQUEST FOR TRIAL BY WRITTEN DECLARATION FILED 12/20/2016 NOTICE AND INSTRUCTION TO ARRESTING OFFICER FILED 03/07/2017 OFFICER'S DECLARATION DECISION AND NOTICE OF DECISION FILED 04/14/2017 CLERK'S CERTIFICATE OF MAILING DATED 04/14/2017 REQUEST FOR NEW TRIAL FILED 05/02/2017 ORDER AND NOTICE TO DEFENDANT OF NEW TRIAL FILED 05/08/2017 PROOF OF SERVICE FOR DISCOVERY TO DISTRICT ATTORNEY'S OFFICE RECEIVED 05/10/2017 PART OF LETTER FROM DISTRICT ATTORNEY TO DEFENDANT DATED 05/1 1/2017 COPY OF ENVELOPE FROM DEFENDANT DATED 05/19/17 DISCOVERY REQUEST RECEIVED 05/1 9/201 7 MINUTE ORDER FOR TRIAL DE NOVO DATED 06/05/2017 DISCOVERY FROM SANTA CLARA POLICE SECOND DISCOVERY REQUEST FILED 06/28/2017 PROOF OF SERVICE FILED 06/28/2017 COPY OF ENVELOPE FROM DEFENDANTDATED 06/28/2017 NOTICE OF MOTION AND MOTION TO SUPPRESS EVIDENCE AND TESTIMONY MINUTE ORDER FOR PLEA DATED 07/28/2017 NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY FILED 08/01/2017 PROMISE TO APPEAR DATED 08/04/2017 DEFENDANT'S AVAILABILITY PROOF OF SERVICE OF PROMISE TO APPEAR RECEIVED 08/08/2017 MINUTE ORDER FOR MOTIONS DATED 08/1 1/2017 MINUTE ORDER FOR COURT TRIAL DATED 09/08/2017 OFFICER'S EXHIBITS COVER SHEET . OFFICER'S EXHIBITS 1-4 DEFENDANT'S EXHIBITS COVER SHEET . DEFENDANT'S EXHIBITS A . NOTICE OF APPEAL FILED 10/02/2017 . COPY OF DEFENDANT'S ENVELOPE DATED 10/02/2017 . REQUEST FOR TRANSCRIPT/CD DATED 10/04/2017 WITH COPY OF MINUTE ORDER . NOTICE OF FILING OF NOTICE OF APPEAL ENDORSED FILED 10/04/2017 . CLERK'S CERTIFICATE OF MAILING DATED 10/4/2017 . ORDER CONCERNING APPELLANT'S PROPOSED STATEMENT ON APPEAL FILED 06/09/2021 . ELECTRONIC CD . TRANSCRIPT . CONVELOPE DATE 06/1 1/2021 STACIE LIKENESS, LEGAL PROCESS SUPERVISOR .31-43’ .44-45 ’ .46’ .47‘ .48-53' .54’ .55-62’ .63’ .64’ .65” .66 ’ .67’ .68’ .69-74' .75 ’ .76-77’ .78-81’ .82' .83-84 ’ .85 ' .86’ .87-88’ .89 ’ .90-118’ .119-120’ 21AP002732 Filed June 17, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21AP002732 By: raragon 9 O ' PEOPLE v. DEFENDANT 2 CASE NUMBER: Julien Thome 7 l 6TR539869 CLERK’S CERTIFICATE OF MAILING l. I am not a party to this action. 2. l caused the Receiptfor Record to be served by enclosing a copy in an envelope addressed as shown below and caused the envelope to be deposited with the United States Postal Service with first-class postage fully prepaid At: Santa Clara, California On: June ll, 2021 3. I certify that the foregoing is true and correct. Date: June l l, 2021 by S. Likeness, Legal Process Clerk Supervisor Julien Thome Ofiice of the District Attorney 2449 Walnut Grove Ave. 70 W. Hedding St. West Wing San Jose, CA 95128 San Jose, CA 951 10 CLERK’S CERTIFICATE 0F MAILING («Name_of_Document_mailed») 21AP002732 SANTA CLARA POLICE DEPARTMENT ' NOTICE T0 APPEAR D MISDEMEANOR E] Traffic D Nontramc E51 23640 Date o! Violaflon Time Day ofWnk Case No. 08/03/2016 12:35 PM Wednesday Name (First, Middle, Lam Dewner's Responslblllty (VI. 40001) JU LIEN THOME Address 2449 WALNUT GROVE AV city Stall Zip Code San Jose CA - 95128 Driver Llc. No. Stat: Class I ommerdal Age Birth Dfle F7117835 CA CM‘I V0511!“ 37 05/02/1 979 Sex Hair Eyes Height Weight Race Okher M BLK BRN 508 200 U Veh. Lic. No. or VIN State (omvm 21 S6333 CA D Veh Yr Make Modnl Body Style Colo! 201 3 me avsso Scoot" Maroon D mamasum Evidence of Financial Responsibility mummmr Nun.cm nu. Isuoml Regisured Owuer or Less" E Same Is Drlvcr JULIEN THOME Address E Same Is Driver 21 023 REYNOLDS DR APT C City Stan ZIP Cod- TORRANCE CA 90503 Covredable Violation (Veh. Code, sec. 4061 0) D Booking thulred Mlsdumoanor Yes No Cod! and Simon Descripflon °' '"ffldhfl D E vc 22350 SPEEDING/UNSAFE SPEED I D D D D DD Speed Approx. -PF/Max Spd Veh.LmL LASER Lane Collision 70 35 35 Loafion 0f Vio:ation(s) PRUNERIDGE AVE CYPRESS AVE ommems eat er, oa , ra I: g tng on mans CLEAR DRY LIGHT g Walan’onfi) not committed in my presence. declared on fnlormanon am belief.| eclave under penalty of perjury under me laws of the State of Califomla the foregoing ls true and toned T. Alford A1509 Arnsflng er Citing Offinr CJIC No. AMIPM Vacation Dans 08/03/201 6 Dan Name ol Arnsxing Offlnr, if different ftom Clflng Offlnv CJIC No. AM/PM Vaaliun Dans WITHOUT ADMITTING GUILT, l PROMISE TO APPEAR AT THE TIME ANO PLACE INDICATED BELOW. X \/\:/Signature WHEN: On or Before 10/03/201 6 MON WHAT TO DO: FOLLOW ATTACHED INSTRUCTIONS WHERE: Traffic Court 1095 Homestead Road Santa Clara CA 95050 (408) 556-3000 DTo bl notified Notice to Appear form complies with Judicial Council of California Standards COURT COPY Rev‘ os-zo-os Nah. Code. m; 4050mm. 4051 Mb), «1522, 40600; Pen. Code, sec. 353.9) TR- I 30 flmmlsAmmfiflfimNHENWGFR NTT 04 2017 11/2/2016 Julien Thomé 2449 Walnut Grove Ave .y r < 4k rm: , ,Sanlose,CA 95128 \\ CZ)! L: v) “‘3 l Li ‘ GU Traffic Court 1095 Homestead Road .4. ; «q? (5’ k7» g. 5, Santa Clara,CA 95050 flu \\ \>\ 3 7f? {(23% Case Number E8123640 'l Wr' n rti To Whom It May Concern: Please find enclosed the bail amount. Per Vehicle Code section 40902(a) and Rule of Court 4.210[b)(2), I am hereby requesting a trial by written declaration. Per said rule, I would expect to receive my appearance date along with forms TR- 200 and TR-205. Please mail them to me at the above address. Thank you for your assistance, Sincerely, Iulien Thomé (H \\ _.__ : .__: . :__ ._::___ : .__ : .:___:_: ::._ ._. : ::__ ::: m a m a ?u q m m o m o m m cwhmm iom - gumwm im ? o > . . M z okgomcm x . 3 ; ‘ . ,. 1 . Om ou H « 3 5 3 3 é z cm . . 4 3 mucus mnwmmuumuou m. _ _ . , . QM ? 4d 4 4 3 3 2 . 51 n.4,“: . . .1 . g p mEN wa\Sz 7 3v LT? V 4 . Sp m m ‘ ‘ w m jmm HOOD DNm H m x q . é _ E i sm < V .A . w 4. 2 3 31. } 3 : ; 4 5, 55. ‘ 3;Mm . Superior Court of California, County of Santa Clara Santa Clara Courthouse Mail: 191 N. 1st Street San Jose. CA 95113 Street: 1095 Homestead Road Santa Clara. CA 95050 (408)556-3000 FOR COURT USE ONLY“ a Ls: K13.A fa? 53% DEC 202.. The People of the State of California Plaintiff vs. JULIEN THOME Defendant. V ‘a .| ‘-.. far". .‘ o) Sim Clara DEPUTY C‘e‘ .2: . Superman ' -‘ BY (.3 REQUEST FOR TRIAL BY WRITTEN DECLARATION Citation Number: (Specify) 12/1 7/20 16 (Vehicle Code, § 40902) ES123640 TO BE FILLED OUT BY COURT CLERK A. DUE DATE (for receipt of this form and any unpaid bail) Case No: 7‘1 6-TR-539869 B. Bail amount required: $ 582.00 C. Bail amount already deposited by defendant: $ 582.00 D. Date mailed or delivered by" clerk: November 23, 2016 QB: K E. MAIL completed form and evidence the Clerk of the (specify): Superior Court Of California Court at (mailing address): 191 N. 1st Street, San Jose, CA 95113 Or DELIVER completed form and evidence to the Clerk of the (specify): Superior Court Of California Court at 1095 Homestead Road, Santa Clara, CA 95050 - PLEASE D0 NOT MAIL TO STREET ADDRESS. REQUEST FOR TRIAL 1. I have reviewed the Instructions to Defendant (Trial by Written Declarationflform TR-200). 2. I request to have a trial by written declaration. 3. The facts contained in the Declaration of Facts on the reverse are personally known to me and are true and correct. 4. I know thatl have the right not to be compelled to be a witness against myself. | understand and agree that by making any statement, | am giving up and waiving that right and privilege. 5. EVIDENCE: The following evidence supports my case and included everything I want the court to consider in deciding my case: a. Photographs (Specify total number) diagram b. medicaf record car repair receipt c. registration documents insurance documents d. inspection certificate other (specify): (Declaration continued on Page Two) REQUEST FOR TRIAL BY WRITTEN DECLARATION Vehicle Code § 40902Form Adopted by the Judicial Council of California TR-205 [Rev. June 2006) (Trial by Written Declaration - Traffic) Page One PEOPLE v. DEFENDANT (Name): CASE NUMBER: JULIEN THOME 7-16-TR-539869 6. DECLARATION OF FACTS (Type or print only. State what happened and explain all the items of evidence you checked in item 5 on the reverse and tell how they support your case. You may add additlbna/ pages.) (Name): (Current mailing address): STATEMENT 0F FACTS (begin here).- j: ?,lma NOT aui‘faj- 7. Numberofpages attached: Q l declare under penalty of perjury under the laws of the State cf California that the foregoing is true and correct. Date: iL/IY/ lb (TYPE 0R PRINT NAME) (SIGNATURE) TR-2os (Rev. June 2006) REQUEST FOR TRIAL BY WRITTEN DECLARATION Page Two (Trial by Wrmen Declaration - Traffic) 3/9 Superior Court of California, County of Santa Clara Santa Clara Courthouse Mail: 191 N. 1stStreet San Jose, CA 95113 Street: 1095 Homestead Road Santa Clara. CA 95050 The People of the State of California Plaintiff VS. JULIEN THOME Defendant. FOR COURT USE ONLY FILE NOTICE AND INSTRUCTION TO ARRESTING OFFICER VEHICLE CODE INFRACTION (Trial by Written Declaration - Vehicle Code, §40902 Citation Number: E81 23640 Case No: 7-1 6-TR-539869TO BE FILLED OUT BY COURT CLERK The defendant has elected a triaf by written declaration. 1. a.E A copy of the citation is attached. OR b. (1) Agency: Santa Clara PD (2) Officer name & |.D. number: Alford, Timothy/A1509 (3) Citation number: ES123640 (4) Citation date: 08/03/16 2. Return Date: 03/10/2017 3. INSTRUCTIONS TO ARRESTING OFFICER: Complete. date, and sign an officer’s declaration, attach it to this notice and file I‘t with the court by the return date (see item 2 above). 4. File with or mail to the clerk of the Superior Court Of California Court at 1095 Homestead Road, Santa Clara. CA 95050 5. For information, call the court clerk's office at (408)556-3000 6. Number of pages attached Date: February 21, 2017 by A.Canfield Deputy Court Clerk CLERK’S CERTIFICATE OF MAILING 1. I am not a party to this action. 2. I served the Notice and Instructions to Arresting Officer by enclosing a copy in an envelope addressed to (specify agency name and address): and caused the envelope to be deposited with the United States Postal Service with first-class postage fully prepaid at (city): , California on (date): 3. I certify that the foregoing is true and correct. Date: February 21, 2017 by A.Canfield Deputy Court Clerk NOTICE AND INSTRUCTIONS TO ARRESTING OFFICER Vehicle Code § 40902 ””‘a' by WW6" Dee'a'a‘b" ‘"am PLEASE COMPLETE AND RETURN To CHRISTINE by: ”‘ “I SCPD returnecg- g rms to SC Court0n: by: Form Adopted by the Judicial Council of California TR-21O [Revised 12-06) Street: 1095 Homestead Road 408)556-3000 In the Superior Court of the State of California. County of Santa Clara FOR COURT USE ONLY Santa Clara Courthouse Mail: 191 N. 1st Street San Jose, CA 95113 Santa Clara. CA 95050 PEOPLE 0F THE STATE OF CALIFORNIA VS. JULIEN THOME Defendant . OFFICER’S DECLARATION (Trial by Written Declaration - Vehicle Code, 40902 RETURN DATE: ARRESTING/CITING OFFICER NAME/ID CITATION NUMBER/DATE ISSUED: 03/1 0/201 7 NO:Atford, Timothy/A1509 ES123640/08/03/16 AGENCY NAME OFFICE (IF ANY) CASE NUMBER Santa Clara PD 7-16-TR-539869 INSTRUCTIONS: The defendant in the case listed above has opted for trial by written declaration pursuant to Vehicle Code section 40902. The officer named above shall check all statements that apply, date, sign, and complete and return this form to the court named above by the return date. 1. a. 3-[ 4.[ 5.[ OFFICER‘S DECLARATION: Except as expressly stated below, I have personal knowledge of the facts stated herein. The events occurred in the County of (specifyhm CUVU'at about the date. time and location stated in the citation. Mffit the time of the citation I was a peace officer on-duty r the exclusive or main purpose of traffic enforcement [ ] not fort e exclusive or main purpose of traffic enforcement. an l was [ ] was not wearing a uniform as required by the Vehicle Code section 40800. Any vehicle used by me complied with Vehlcle Code section 40800. [ ] The offense(s) were not committed in my presence. MIAny statement(s) made by the defendant were voluntary, recor - v' ‘ E1 accurate in substance. -rbatim and/is reasonably complete Safety is an element of the violation alleged. ln my opinion. the defendant’s operation of the vehicle was unsafe. Any equipment used by rne to gather evidence in support of this violation was properly maintained, in good working order and | have been trained in its use. Any traffic sign, signal, or device mentioned was official and properly located, maintained, in good working order. and clearly visible to a driver of a vehicle controlled, governed, or affected by such sign, signai, or device. [ ] Any diagram(s) submitted is/are not exact or to scale. but is/are reasonably complete, accurate and fairly depict(s) the location, situation, and events described. [ ] Speed supported by the patrol vehicie‘s speedometer was a significant factor. Pursuant to department policy. the patrol vehicle used in connection with this citation was officially calibrated on (date): The result was (specify): The calibration was considered by me in determining defendant’s speed. [@efendant was identified by Drivers License [ ] or other (specify): THE METHOD(S) USED TO DETERMINE THE SPEED OF THE INVOLVED VEHICLE WAS/WERE: [ ] Odometer e. bG Laser b M Visual estimation f. [ ]Aircraft ] Pacing g. [ ] Other (specify) ] Radar (see items 4,5,6, below) ngineering and traffic survey (ETS) not required per Vehicle Code section 40802, subdivision (b). TS completed within five (5) years prior to date of alleged violation. ] ETS attached b. [ ] ETS on file with the court. TS completed within five (5) and seven (7) years prior to date of alleged violation. a. c'. d. l 1 a. l a. ] ETS attached [ [ E E [ E [ (Declaration continued on Page Two) Form Adopted for Mandatory Use OFFICER’S DECLARATION Vehicle Code, 40902 Judicial Council of California (Trial by Written Declaration - Traffic) TR-235 (Revised 03/10) 6) PEOPLE v. DEFENDANT (Name): CASE NUMBER: JULIEN THOME 7-1 6-TR-539869 5. b.[ ] ETS on file with the court. c.[zd’Arresting/citing officer has successfully completed a radar operator course of not less than 24hours approved and certified by the Commission on Peace Officer Standards and Training (POST). d.[<]' Laser or other electronic devise was used to measure speed. Arrest/hg/c/tmg officer successfuMy completed an additional training course of not less than two hours approved and certified by POST e.[,c] The speed measuring device used to measure the speed of defendant (Serial Norma? 1°25) meets or exceeds the minimum operational standards of the National Highway Traffic Safety Administration (NHTSA) and was last calibrated on (date): Q-Ifl-Uv by an independent certified Laser/radar repair and testing/calibration facility. f. [,d Equipment accuracy check conducted on (date): 8 ~3-tb at (time): 6km and again on (date): 9 49 at (time): bAM 6. [? 70 3 S 35 Location Of V10|ation(s) 3f PRUNERIDGE AVE CYPRESS AVE Comments (Weather, Road & Traffic Conditions, Etc.) LIGHT, CLEAR, DRY, LIGHT D Violation“) not committed in my presence, declared on information and belief. Ideclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 08/03/201 6 T. Alford A1 509 Dec. Date Arresting or Citing Officer CJIC No. AM/PM Vac. Dates Dec. Date Name of Arresting Officer. CJIC No. AM/PM Vac. Dates if different from Citing Officer WITHOUT ADMITTING GUILT, I PROMISE To APPEAR ATTHE TIME AND PLACE INDICATED BELOW. X Signature vy WHEN: On or Before 10/03/201 6 MON WHAT TO DO: FOLLOW THE INSTRUCTIONS BELOW. WHERE: Traffic Court 1095 Homestead Road Santa Clara CA 95050 (408) 556-3000 DTo be notified :d' talc cuofc H ' rWw‘mo m |||||||||||||||||||||||||||||||||||||||||I|||l|||l pcasasand 959.1) mus 'ES123640' OFFICER NOTES CITATION NUMBER: ES123640 VIOLATOR NAME: JULIEN THOME VIOLATION DATE/TIME: 8/3/2016 12:35:00 PM VIOLATION LOCATION; PRUNERIDGE AVE CYPRESS AVED School Zone D Construction Zone OFFICER TEXT NOTES: EB.7026 508.1FT WILSON 0N LIDAR. I SAW VISUAL AND STOPPED HI. WILSON ADVISED LIDAR ON RADIO AND WENT TO STOP TRAFFIC CONDITION LIGHTING WEATHER STREET DIAGRAM: LIGHT LIGHT CLEAR DRY PATROL VEHICLE LANE DIRECTION OFFICER POSITION OTHER VEH. NO. VEH. YR. VEH. MAKE DATE CALIBRATED: 25 l 35 ,45‘ 55’ 65! 75‘ 85 CALIBRATED BY: STOPPED BY: DEFENDANT VEHICLE: DEFENDANT POSITION: LANE: DIRECTION: OTHER: STOPPED AT: PASSENGERS: SOLO: RF: RR: MR: LR: OTHER: DISTANCE OBSERVED: DISTANCE. BEHIND: 1D. BY: OTHER: RADAR/LIDAR I.D.: SPOKE ENGLISH: VIOLATOR STATEMENT: z991# [asneN 118:) 13$ q; (7/ WWW y Q; m5" H§§- éf MW ‘L LA-.a W Ill) «p p m A- ESW M OSO'OOOEEZ‘OLZZ # ”IOHLNOO .LSOd M 3"!» "W” fi‘4» «m4 .’ r' .{h v mi”“flAll éFEé;h. 3%” , 3% W dl‘ "w ‘wWIy I d» .WI mm SOOZ/LO/ZI HSHHOD HOLVHHJO HVCIVH q! 53:97! ff? [fl 4Wm. "“‘wmhJ‘% $55lmg‘gflr‘; 3504sm-l '01!!! ”0511M 1109.9 DNLLH'IdZWOC) ATIHJSSHOOHS 110:1 TVS! \( 57 éL-I‘PIJC'A TE ha?” ¥ ~ *Iéfif)\ ‘ v 7n M1 “ SHZINDODEIH . i,jmwfifrrr” “Wkfl'I”WM *‘7 Ram‘swgn g 1 Wawfiv‘l‘m - W32: ‘ MM“ w mfififlw W,1; wé‘mmwm am .vm‘w’ %fi’vw “av %~‘W ‘\P mi? ' X \k 4"!»th ya VHVTC) VLNVS :10 ALNHOD ficflHHHS HHL :10 3315210 e rEsF. n m m m ‘ e x s - z - C e r t i f i c a t e 0 f C o m p l e t i o n T 0 S c o t t W i l s o n S a n t a C l a r a P o l i c e D e p a r t m e n t J a n u a r y 2 4 t h , 2 0 0 6 f o r s u c c e s s f u l l y c o m p l e t i n g t h e P O S T c e r t i fi e d 8 - h o u r L I D A R O p e r a t o r C l a s s ” W WM e r k e fi e n a n t D O L I E V K e i t l ] P e r s o n n e l & T r a i n i n g M a n a g e r O f fi c e r C h r i s t o p h e r H a m m e t t C e r t i fi e d L I D A R I n s t r u c t o r M u fi f " “ ' 5 . . - D " V0 7 m - m mum” Certificate 0f Calibration This certifies that the LTI 20-20 Tmspeed® speed Detection Instrument listed below has been thoroughly tested and meets or exceeds all manufacturer specifications. Serial Number: Calibration Date: Calibration Tech(s): TSOO7026 Sep 10, 2012 K. Boone 90 [4W nominal 2.5 mrads nominal Laser Power: Beam Divergence: Speed Accuracy: :tl mph or 3:2 kph Range Accuracy: i6in qr iISCm Scope Alignment: M Field Test: M (J: I -O Qfllty AssurangIEch Sep l9, 20 12 Certification Date warez: Lu TECHnOLoav Measurably Superior 7070 South Tucson Way Centennial, CO 801 12 USA Phone: 1-303-649-1000 Fax: 1-303-649-9710 Web Site: www.lasertech.com Part Number: 0144803 Rev. 5 Feb 2011 5 a m 3 0 m : i B u l t t e . Z % 2 p a r t m e n t O n r e c o m m e n d a t i o n 0 f t h e S a n J o s e P o l i c e D e p a r t m e n t , t h i § ( \ D E P A E Z ' T N Q E e r t t ’ f t ' t a t B n f g t t a i n m e n t I s a w a r d e d t o 6 ’ \ . r “ - 8 3 m f » : I f f\ K ’ ; : Q B f f i t e t fl i n t g l f m t h # 3 8 0 2 k 1 * J . \ f ' " . _ . w h o h a s s u c c e s s f u l l y f u l fi l l e d t h e r e q u i r e m e n t s p r e s c r i b e d b y t h e S a n r J o s e 5 ' P o l i c e D e p a r t m e n t 1 m m Q B p e r a t m : ‘ P O S T C e r t i fi e d - C o u r s e N u m b e r 2 5 6 0 - 2 3 3 2 0 - 1 0 - 0 0 1 ( 8 H o u r s ) $ a n $ 0 2 3 9 0 1 1 2 $ e p a r t m e n t O n r e c o m m e n d a t i o n o f t h e S a n J o s e P o l i c e D e p a r t m e n t , t h l s 6 7 f f ‘ Q t e r t i f t ’ t a t e u t ‘ g t t a i n m e n t I s a w a r d e d t 0 ® t f i £ m t m i n t g l f u r h # 3 8 0 2 I 4 f w h o h a s s u c c e s s f u l l y f u l fi l l e d t h e r e q u i r e m e n t s p r e s c r i b e d b y t h e S a n J o s e 3 ; ; * ‘ P o l i c e D e p a r t m e n t ‘ 7 i a a h a r Q B p e t a t n r P O S T C e r t i fi e d - C o u r s e N u m b e r 2 5 6 0 - 2 3 3 0 0 - 1 0 - 0 0 1 ( 2 4 H o u r s ) d o n e i n S a n J o s e ‘ o n 2 1 1 d d a y 0 f F e b r u a r y , t w o t h o u s a n d a n d e l e v e n ~ 1 v ' Santa Clara A“Wmm Engineenng Department um! 2001 September 5, 2007 Traffic Court 935 Ruff Drive San Jose, CA 951 10 Traffic Commissioner: Prima Facie Speed Limits Pruneridge Avenue Between Winchester Boulevard and Lawrence Expressway This is to certify that, in accordance with Secfions 22357 and 22358 of the Vehicle Code, an engineering and traffic survey has been made for Pruneridge Avenue, between Winchester Boulevard and Lawrence Expressway. J From the survey it has been determined that the‘prima facie speed limit of 35 g. m.p.h. declared by Chapter 10.05.840 of the Santa Clara Municipal Code for Pruneridge Avenue 1's most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. Copies of the survey are enclosed. Very truly yours, I ‘ David Pinon, P.E., TE. Traffic Engineer Enclosures“.7“. N CE copy GWOFSANTACLIRA 1500 Warbur‘ton Avenue Santa Clara, CA 95050 3 ”ENGINEERINGWHMWMTRAFFIORadzr Surveys\Monmc_anrenceToBowersV’runendge Winchester lo IIwrenceCoun leuer doc (408] B 1 5-3000 FAX [408] 985-793 www.cisanta-claracau City 0f Santa Clara Engineering and Traffic Survey Summary Street: PRUNERID’G‘E AV. - Field Observer 9y; Limits: WINCHESTER BOULEVARD Checked By: G_.w_._ LAWRENCE EXPRESSWAY. Date: 08/20/2007 Factors Direction: EMimam Location ofSurvey Pruneridge Ave. - Winchester to Lawrence 85‘“ Percentile 38.23M.P.H. 10 mph Pace 29 M.P.H. ‘to 39 M.P.H. Percent in Pace 80.1 % Posted Speed Limit ‘ 35 M.P.H. B. Collision Historx ‘ Date Range Covered 01/01/2005 To 12/31/2006 Total Collisions 48 Collision Rate (Acc/MVM) 1.72 Expected Collision Rate N/A C. Traffic Factors Average Daily Traffic 15154- vehicles per day Length of segment - 2.52 miles Lane Configuration 4 lanes Street Classification Arterial D. Conditions Not Readily Apparent Conditions None Roadway Geometries Curve near west end of roadway. :x x 1 A CL ARA Pout? DIP «.R'rMENT 17m I‘MLLED W\I.j:;.\ii\:T Comments None E. Adiacent Land Use Residential Posted Speed Limit 35 MPH Speed Limit Change? NO Revised Speed Limit N/A Approved and Authorize for release by City of Santa Clara Traffic Engineering Division: r- ub W 9 ‘ J" ‘7 ton, TRA FIC ENGINEER Date Loc. #84 I:\ENGINEERINO\DnFl\WP\TRAFFIORndnr Survey:\Monroe_LnwrenceToBowgrflEnginearing 8c Traffic Survey Summary Winchester lo anrence.doc Weather 55 54 53 52 51 50 49 4e 47 4s 45 44 43 42 41 4o 39 38 37 36 35 34 33 32 31 so 29 28 27 25 25 24 23 22 21 20 19 18 17 1s 15 Other Considerations: SPEED DISTRIBUTION SURVEY ARTERIALS & COLLECTOR ROADS PRUNERIDGE AVE. WINCHESTER TO LAWRENCE 14:10 end 14:25 GW --_3-; F . % EAST-WEST CLEAR - DRY Compiled by GW Analyzed by 5 10 15 20 25 Time: begin Date 8/20/2007 Cum. % otal number of vehicles 126 Speed Limit 35 85% Speed 38.2 M.P.H. Average Speed 33 M.P.H. From 1/1/2005 to 12/31/2006 Accident History (2 years) - Total number of accidents 48 Number caused by excessive speed 11 Date |:\ENG|NEER|NG\Drafl\WP\TRAFF|C\Radar Surveys\speedDlSTRlBUTlON_charPrunerIng ' i‘v u (Collision factor 22349, 22350, 22351, 22352) Unusual conditions - Defective Control Device - n fl ¢' $~o7 Signed ~ fl \ n; ( f Traffic Engineer Jr J .3 V, ,. I 16,3 Toa/fiox Spot Speed Study Report City of Santa Clara August 20, 2007 Location: PRUNERIDGE AVE WINCHESTER T0 LAWRENCE Direction: EastBound 8c WestBound J5 Technology Inc Leg: East Date. 8/20/2007 Study Period: 14:10:00 PM L0 14:25:00 PM Posted Speed Limit: .35 m.p.h. Weather Condition: Clear 8c Sunny VEHICLES PERCENT CUMULATIVE SPEED IN IN PERCENT GROUP GROUE GROUP IN GROUP 10 ~ 14 0 0.00 0.00 15 ~ 19 0 0.00 0.00 20 - 24 10 7.93 7,93 25 - 29 21 16.66 24x60 30 ~ 34 43 34.12 58.73 35 ~ 39 48 38.09 96.82 40 ~ 44 4 3.17 100.00 45 - 49 O 0.00 100.00 5O ~ 54 0 0.00 ‘ 100.00 55 ~ 59 0 0.00 100.00 60 ~ 64 O 0.00 100.00 65 ~ 69 0 0.00 100.00 7O ~ '74 0 0.00 100.00 75 - 99 O 0.00 100.00 Total Vehicles in Study: 126 Vehicles Standard Deviation: 4.96 m.p.h. / 7.98 k.p.h. Mean Speed: 33....09mph/ 53H25kph. Median Speed. 33mp.h/ 53....1kph Ten Mile Pace: 29 m.p.h. to 39 m.p.h. / 46 k.p.h. to 62 k.p.h. 85th Percentile:38.23 m.p.h. / 61.52 k. h‘ 90th Percentile23945 m.p.h. / 63.48 k.p.h. k p h95th Percentilet4125 m.p.h. / 66.38 {\R “Hlffirfix Fuji Nf ,‘wa'a'u 'I émfl DU 0 ill?” ETC! IQ TR-215 FOR COURT USE ONLY ILE PR 1'4 2017 of the Court dmcomyocSamom DEPUTY Superior Court of California, County of Santa Clara Santa Clara Courthouse Mail: 191 N. 1stStreet San Jose. CA 95113 Street: 1095 Homestead Road Santa Clara, CA 95050 (408)556-3000 PEOPLE OF THE STATE OF CALIFORNIA vs. DEFENDANT: JULIEN THOME BY DECISION AND NOTICE OF DECISION (Trial by Written Declaration - Vehicle Code. § 40902) Citation Number: ES1 23640/A1 509 _ , Case No: . 1. The court's deCISIon was entered on (date): APR 1 4 20" 7_15_TR_539869 2. Bail amount: $ 582.00 CBS K 3. a. Violation #1: V022350 | Not Guilty Guilty. Fine: $ Dismiss. Fee: $ b. Violation #2: Not Guilty Guilty. Fine: $ Dismiss. Fee: $ c. Violation #3: Not Guilty Guilty. Fine: $ Dismiss. Fee: $ d. Violation #4: Not Guilty Guilty. Fine: $ Dismiss. Fee: $ THE, COURT ORDERS 4. E Defendantshall pay the following amount: ‘ 7‘ a. Total fines: $ qa +40¥3S+4 +‘b i” +21} b. Totalfees: $ c. Total fines and fees (a plus b): $ d. Creditfor bail ordered applied: $ e. TOTAL AMOUNT OWED (C minus D): $ 331LDD TO BE PAID BY (date): 5. Clerk shall refund to defendant the following amount: , a. Bail amount: $ 5 82' b. Subtraction of total fines (if any): $.. 9 Z, c. Subtraction oftotal fees (ifany): $ d. Total fines and fees to be subtraged‘mplus c): S. 314‘ DO e. TOTAL AMOUNT ORDERED €EFUN@(A minus D): fléosm ' (should be receivedby mailwithin 60 days) r- , 6. Other orders (specify): Q47 Date: L/[fi {/7 \dQIar/o‘r‘rgrg/ IF YOU WISH TO REQUEST A NEW TRIAL, YOU MUST SUBMIT A REQUEST FOR NEW TRIAL (TRIAL DE NOVO) (‘FORM TR-220) WITHIN 20 DAYS OF THE DATE STATED IN ITEM 2 OF THE CLERK'S CERTIFICATE OF MAILING (See nextpage). FOR USE BY COURT CLERK: D The evidence submitted by defendant is enclosed. (Certificate of mailing oLpage two) F(?rm AdOPFed by the V DECISION AND NOTICE OF DECISION Judm' Counc” 0f Ca'lfmma (Trial by Written declaration - Traffic) TR-215 {Rev May 2005] Z Vehicle Code, § 40902 PEOPLE v. DEFENDANT (Name): CASE NUMBER: JULIEN THOME 7-16-TR-539869 CLERK’S CERTIFICATE 0F MAILING 1. l am not a party to this action. 2. l served the Decision and Notice of Decision to be served by enclosing a copy in an envelope addressed as shown below and caused the envelope to be deposited with the United States Postal Sewice with first-class postage fully prepaid at (city): SAN JOSE California on (date): Date Mailed APR 1 4 20!? 3. | certify that the foregoing is true and correct. Date: Clerk, by A.Canfield, Deputy APR 1 4 2m] DEFENDANT (name and address): AGENCY (name and address): JULIEN THOME Santa Clara PD 2449 WALNUT GROVE AVE 601 EL CAMINO BLVD SAN JOSE. CA 95128 SANTA CLARA. CA 95050 TR-215 (Rev. May 2006] DECISION AND NOTICE OF DECISION Page Two (Trial by Written declaration - Traffic) TR-220 NAME 0F COURT: Superior Court OfCahfomla, County ofsanta Clara Fancaunrussowu_ STREETADDRESS- 1095 Homestead Road, Santa Clara, CA 95050 i Lummaooaess: 191 N. lrst Street, San Jose, CA 95 l l3 E cmr AND 2w cone; BRANCH NAME: Traffic Court MAY 022017 PEOPLE OF THE STATE OF CALIFORNIA VS. DEFENDANT: Julien Thome REQUEST FOR NEW TRIAL (TRIAL DE NOVO) (Trial by Written Declarah'on-Vehicle Code, § 40902) CITATION NUMBER: fESlZ3640/A‘1509‘ 1. The clerk mailed the court‘s Decision and Notice of Decision (form TR-215) in my CASE NUMBER: tn'al by wriuen declaration to me on (date): 4/1 4/201 7 7- I 6~TR-539869 2. | am submitting this request to the court within 20 days of the date in item 1. (The court must receive this request within 20 days of the date in item 1.) 3. I am dissatisfied with the court's decision. | request a new trial (trial de novo) for the following violations (specify): I plead not guilty to a violation of VC22350. Date: 04/23 [7,0 H. AJIMJHQQE........................ * mar (rYPE 0R PRINT NAME) \) \ V“ (SIGNATURE) IF YOU WISH TO REQUEST A NEW TRIAL, YOU MUST SUBMIT A REQUEST FOR NEW TRIAL (TRIAL DE NOVO) WITHIN 20 DAYS OF THE DATE STATED IN THE CLERK'S CERTIFICATE OF MAILING (see Item 1 above). Ff"“WWW .a REQUEST FOR NEw TRIAL (TRIAL DE Nov0) VM Code. 540902 rig;{$$$$$ng (Trial by Written Declarauon-Traffic) Superior Court of California, County of Santa Clara FOR COURT USE ONLY Santa Clara Courthouse Mail: 191 N. 1stStreet San Jose. CA 95113 FlLE Street: 1095 Homestead Road May 8. 2017 Santa Clara. CA 95050 DAVID YAMASAKI (408)555-3000 Chief Executive Officer/CIerk Superior coun of CA The People of the State of California Co ty fSan Clara Plaintiff By Deputy vs. JULIEN THOME Defendant. ORDER AND NOTICE TO DEFENDANT OF NEW TRIAL Citation Number: (TRIAL DE NOVO) ES123640 (Trial by Written Declaration - Vehicle Code, § 40902 Case Number: 7-16-TR-539869 1. The court has received your Request for New Trial(Trial de Novo). 2.E The request is DENIED, and your case is closed because your request was a. not received on time. b. otherwise not in compliance with law or rules (explain): 3E A new trial is GRANTED. - M J'"-~ .... J a. Date and time of trial (specify):r June 5. 2017 @ 9:00 am in Department 58 b.E Place of trial (specify): Santa Ciara Courthouse Santa Clara, CA 95050 Be present and ready for trial with your attorney (if you wanfto hire an attorney to represent you). Your witnesses must come to court with you. Bring other evidence that you want the court to consider unless it has been retained by the court. Date: May 8, 2017 , f . 'r‘ (1% k f? z fi'yv‘ 41-- JUDICIAL OFFICER Form Adopted by the ORDER AND NOTICE TO DEFENDANT OF NEW TRIAL (TRIAL DE NOVO) Vehicle Code § 40902 Judicial Council of California (Trial by Wn'tten Declaration - Traffic) TR-225 [(Revised $08)] @ Nome: Julien Thomé Address: 2449 Walnut Grove Ave Son Jose, CA 95] 28 Telephone: 9 I 7-270-7452 Defendant in Pro Per SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA :5 23% Traffic Court ECEIVE '3- I9I N. WSfreef San Jose, CA 951 13 MAY I 0 2017 Citing Agency: Santa Clara Police Department mmk 3 Pm".Notice to Appear: E8123640 Wfléf‘é31n v 'f 3m;m Date Issued: 08/03/201 6 By ‘mpu People of ’rhe State of California vs. Julien Thome’ Case Number: PROOF OF SERVICE 7-16-1R.539369 l. | om over 18 years of age and not a puny to this action. I om o resident of 0nd employed in The county where the mailing took place. My residence address is: 2449 Walnut Grove Ave, Son Jose, CA 95128 2. On May 8, 20] 7 I mailed from Santa Clara, QAO discovery requesttg Santa Clara County District Attorney Jeffrey F. Rosen. *- - r ' ‘ v 3. I sewed the discovery request by enclosing it in on envelope 0nd depositing the sealed envelope wi’rh the United States Postal Service with ’rhe postage fully prepaid. 4. The envelope was addressed 0nd mailed os follows: o. Name of the person served: Hon. Jeffrey F. Rosen District Attorney, Santa Clara County b. Address of person served: 7O W. Hedding Street, West Wing Son Jose, CA 95] IO | declare under penalty of perjury under the lows of the State of California that the foregoing is true 0nd correct. Date: May 8, 201 7 Eleanor Mosboum (Zéflm flMM @ Page l of I County 0f Santa Clara Office of the District Anomey C‘hnry Govcrnmem Center. West Wing70‘Ves1 Heading SIree-iSarnose. Calirorma 951 Io(4m; 2997400 W‘Wsantaclara-daorg Jeffrey F. RosenDiSIfm Anomey May 11, 2017 Julien Thoma 2449 Walnut Grove AvenueSan Jose, CA 95 128 Re: Docket No: 7-16-TR-542101)Citation No. ESIZ4542 Dear Sir/Madam: Ihave received your letter dated May 8, 201 7, regarding traffic case 7-16-TR-542101. Please direct your discovery request to the agency that issued your citation.As you noted in your letter, the District Attorney has discretion whether to conduct the prosecution of public ofl‘enses. The Santa Clara County District Attomey exercises this discretion by Only directly prosecuting traffic infraction cases where the defendant has retained an attomey. In Other infraction cases the District Attorney has opted not to appear in person and refers all discovery requests directly to the citing agency. You should consider the citing officer to be a witness in the case. If there are additional witnesses to be presented, the citing agency can provide that information. The case ydu cited, Marcrofi, as well as People ex rel. Kottmeier v. Municipal Court ( 1990) 220 Cal. App. 3d 602 and People v. Daggett (I988) 206 Cal.App.3d Supp. l, all make clear that tramc court prosecutions may proceed without the presence of the district attorney. Each case makes clear that it is not a violation of a defendant’s due process for the prosecution to proceed in the absence ofthe district attorney. Pursuant to this line of authority, the citing agency may appear and é/ @ t0 If”: I ‘l .4 n1 (7) 4 a I IJ'I m S uv a, . 3 I 0 30 8 wmu I .. w ax le U . N é=:.:__:___ .__:. ._ ._:_ :: . ::._=__= :.:: .. :__ _= §§N§N .sv 9 5w « a 9 3M.“ 5w \ g x ) , L t §W J3 5 <41 2, 3 \ 2 53 3 Vm\ U m, M, 9, r a v .+ 3 7 a 3 3 . 3? hmfiwfimwm fi i g C . . v m4>m m m5:-= ?WHW me y o » fix . Eimcrw mm ? mpmm D E E S E " : 2 . \ § MKS ? ( a M m a 5:E.gE5:; Name: Julien Thomé Address: 2449 Walnut Grove Ave Son Jose, CA 95128 Telephone: 9i 7-270-7452 Defendant in Pro Per SUPERIOR COURI' 0F CALIFORNIA, COUNTY OF SANTA CLARA Traffic Court 191 N. WStreet Son Jose, CA 951 13 Citing Agency: Sonto Clara Police Department Notice to Appear: ESI23640 Date Issued: 08/03/201 6 Peogle of the State of California vs. Julien Thomé fimgwgfl MAY l 9 2017 Cg“ 0f e Court C Mormon gqucovem REQUEsuTroffic) Case Number: 7-1 6-TR-539869 TO THE SANTA CLARA POLICE DEPARTMENT IN THE ABOVE REFERENCED CASE: Pursuant to California Penal Code §1054.l 0nd §l9.7, and ’rhe enclosed correspondence with fhe Dism’cf Attorney of the County of Santa Clara, l, Julien Thomé, hereby request that you provide disclosure of the following: I. N99???) Any 0nd 0N relevant documentation pertaining to the above referenced Notice ’ro Appear including statements of witnesses: notes. diagrams, or other memoranda mode by the citing officer of fhe scene of the incident or any fime fhereafler: andany other relevant information whether recorded on paper or any other medium of information storage. A copy of both sides of the officer's copy of the obove-referenced Notice fo Appear. A copy of the officer’s daily log from fhe day in question. A copy of any documentary evidence to be introduced of fn’ol. The names 0nd addresses of all prosecution witnesses who will fesfify of trial. The method by which the defendant's speed was determined. If on electronic device was used: c. The name, model, 0nd serial number of the device used to ascertain the speed of the vehicle described in the above-referenced Notice 10 Appear. b. A copy of the cifing officer's training ond certification records pertaining to the operation of any speed measuring device used to ascertain the speed of The vehicle in the above referenced Notice to Appear, whether RADAR or LIDAR or other device, including titre and description of the course. name and locofion of training facimy, certificate of completion, and fhe dates the training was conducted including hours of training complefed on each training day. c. A description of any continuing or refresher training, or field training, used to augment or maintain the above referenced training 0nd certification. d. A copy of the departmental operating or procedures manual used for fhe training cnd/or operation of the speed measurement device(s} used fo ascertain the speed of the vehicle in The above referenced Notice 10 Appear. e. Copies of the maintenance, certification, 0nd calibration records, for the lost three years, of the speed-mecsuring device that wos used to ascertain the speed of the vehicle described in the obove-referenced Notice to Appear. f. A description of ony calibration procedures performed on ’rhe day of 03 August 201 6 on the speed measuring device used in the above referenced notice to appear prior to the time the citation was issued. Page 1 of 2 lO. H. g. Detailed information on how the speed measurement device was being used to ascertain the speed of the vehicle described in the above-referenced Notice to Appear, including (at o minimum) the following: ( l) The RADAR or LIDAR beam width, measured in degrees, which was pointing of The vehicle described in the obove-referenced Notice fo Appear. (2) The distance between the speed measurement device 0nd the vehicle described in 1he obove~referenced Nofice to Appear during the period of time when the speed was measured. (3) The time (in seconds) used to ascertain the speed of the vehic!e described in the above-referenced Notice fo Appear. h. A copy of the portion of the RADAR or LIDAR unit‘s manufacturer operator manuot relating to field use 0nd operation. i. A copy of the Federal Communications Commission license authorizing the issuing police agency 0nd operator of the speed-meosuring device (RADAR, UDAR, or other device) to lawfully operafe the device on a specific frequency ond/or range of frequencies. Whether or not aircraft were used to aid in spotting The defendant. lf aircraft were used: a. The name and address of the pilot and ony other personnel onboord the aircrofi. b. How the personnel onboord the oircrofi determined the defendant's speed. c. The time the personnei onboord the aircraft initially spotted the defendant, 0nd the time when the ground cor was radioed. d. A copy of the aircraft officer's daily log. A description of the physical location of The officer of the moment he initially sighted fhe defendant and the officer's approximate speed ct that fime. A description of: o. When the vehicle wos visualiy sighted by the officer; b. When ?he speed of the vehicle was captured by the speed measurement device; 0nd c. The sequence and time elapsed between these the two events. The number of traffic citations issued by the citing officer in the above referenced Notice to Appear on 03 August 2016, the make and mode! of vehicles involved in the citations, and the roce/ethnicify and age of fhe cifed drivers. Pursuant to California Penal Code §1054.5(b), I require that these records be delivered to the address above within fifteen I I 5) days counting from May 9"", 201 7, the first business day offer The preparation and mailing of this request: the due date for response to this request is therefore Wednesday, May 24*“. 201 7. Copy: Santa Clara County Superior Court 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 9/0 31c g ' Santa Clara Courflwuse TRAFFIC DOCKET/ORDER 1095 Homestead Road. Santa Clara. CA 95050 Malung: 191 N. 1stStreet.San Jose.¢A 95113 PEOPLE VS- THOME, .uuen 08/05/2017 omow “Papanmom 53 CASE N0. 7-1o-TR4539339ADDRESS 2449mum GROVE AVE AT'O 58123040 oszgme 3‘ SAN Jose CA 95123 VLN 2156333 CAmesc COMMISSIONER / JUDGE Lisa Steingan OFFICER Alford, nmanymsoa Santacm PD CLERK "ml ATTY TW 7HEARING f m, g; NM,5} STATUS c335 532.00COMMENT - 0§0817LL Taoj'oN Satay Man WWW“ 0’ CHARGES 1 vc-2235m cao:$_n.uo NEXT OURHWE‘RISAMWJATE 7 07 g”7 AT 5W DEPT. 5X «Egefendant Present D Not Present )ZWithout Attorney D With / By Attorney U D ith Interpreter Spanish/Vietnamese/Other (Please Specify) lnxerpreter Oath D On file D Administered Interpreter is E] Certified El Non-Certified ARRAIGNMENT D Waived E] Reporter Waived DDefendant arraigned. Informed of the pending charge(s), and advised of the following rights, to the aid of counsel at all stages of me proceedings; to Court appointed coul without funds; to speedy, public trial by Court or jury; to confront and cross-examine adverse witnesses; to all processes of the Court to subpoena; against self incriminati dismissal if not tried within statutory time; and lo verbatim record. Defendant advised of the effect o wai er pf time for trial/sentence and to the provisions of sections 987. 1016.5 of the Penal Code and of 40508b and 14607.8 of the Vehicle Code. ' Men, U Not Guilty D Arraignment Z’flea D Proof Of D Volunteer Work D MIP D Insurance D Drivers Lic D Change of Plea D Guilty_______ D Pretrial Conference D Refer to PD. U Bail Exonerated E] Forthwith D Forfeited U No Further D Nolo Contendre____________ D Court Trial E] Sentencing D Further Hearing D Forfeiture set aside D Bail reinstated D Tume Waived D Time Not Waived D VC40508A reduced to infraction E] Trial De Novo D Bail Apply D Balance Exonerated D CBO AL D fime Waived for Sentencing E] VC40508B reduced to infraction D Proceedings stayed D OR Revoked D May Post & Fo D Waives rights [Z] Arbuckle Waived D VC12500A reduced to infraction D B/W Ordered $ _____ D No cite release D Add VC4 D Stip to Judge Pro Tempore D No Stipulation D Amended _____________ E] Proceed to Definquency D Add VC405088 U No Requr D Stipuiate to Sentencing by Comm E] Motion to _____________ D B/W set aside D Stayed D Recalled D Filed U Previous finding of Guilt/ onvi ion set asjde E] Motion granted/denied D Impose Civil Assessmem D Vacate Civil Assessrr TRIAL: ; D Trial in Absentia D Trial by Declaration in Absentia . Maw , ,mfilcer present D Not pres t D Deputy Dlstrlct Attorney D Witnesses sworn for People U Witnesses sworn for Defendant U Exhibits D Released in days U Submitted with Consent of Defendant D Defendant waives personal presence at time of pronouncement of judgment U Found Guilty __________ D Found Not Guitty __._________ x Served Appeal Rights D After Submission Lemma; D Violations Dismissed QT _ _ _ D Case Dismissed D Lack of Prosecution U Interest of Justice D Violations corrected D VC41500 / PC 1385 / Traffic School Completed SENTENCE: D Imposition of sentence suspended for the probationary period. D Sentence Suspended CT D COURT PROBATION granted for a period of days/mos/yrs from this order. D Fees Waived CT U Probation revoked/terminated/modified/reinstated/extended to _ . . _ _. U VOP Admitted/Denied D Sentence modified D Pay fine of CT $ D To Coun/Today/DOR/Alliance D Stay___ D Further Stay on Traffic School/Fine to CT $ E] Payments granted/modified $ __________/ month, beginning___ CT 3 D _______ Hours volunteer work in lieu of fine U through SAP/Non Profit Organization D Last ext- VC40508ANC4O5083 3 l3 Committed for fine for one day for each $30/_______ D Last Extension/Continuance Szigfisissessmenms) g . D Consecutive with D Concurrent to DMV Hold s D Ct. ______ D Serve _______ days/Hrs County Jail D PC 2900.5 Credit days/ warram (AWS) $ D Straight time/Weekend Work D Prebook at AM/PM prior Search Fee 5 - D To Commence at AM/PM D PC 1209 Fee Ordered/Waived SECA/CQPA $.- D and consecutive MO/TU/WE/TH/FR/SA/SU Conviction Fee $ ' D Referred to minor alcohol/drug program G Do not drive w/o ticense and insurance EM Fine $" D Driving Privilege D Suspended / Restricted days/mos/yrs Traffic School Fee $ E] May drive to/from/during work/school D Pursuant to VC13202.5 Traffic school Ext Fee s U Ordered to Driver Improvement Course D Re-referral State Restitution Fine $ E] Must complete by Night Court $ ' D Delete Traffic School / volunteer work Civil Assessment $ U AH outstanding fines and services rendered fees commuted. Bad Check Fee $ Dismissal Fee $ Stay/Acct Receivable Fee $ D Minute order mailed to defendant TOTAL $ Bail Bond Cost $______ Pay Bail Bond Cost by Other r‘l Committed to custodv of DOC until sentence is satisfied in full. D Remanded. Bail set at $ . I ¢l. W Santa Clara Michael J. Sellers m:nfiuw Chief of Pohce .- f g 3 . 1'59? ARE 20m 06/19/201 7 Julien "(home ' , 2449 Walnut Grove Ave ‘ San Jose CA 95128 2 ,fl’ m fl r, f{I :J _ 5‘ 1U) '5" Dear Mr. Thome, Please find enclosed a copy of your Traffic Tickeéfifigas 1g.» notes. mm" " *gmmwpy“ vffiae-W' ' Request ' Faun. v yoymudommwmwmm. mars T. Alford and s. “mson for their records. ’ m will need toMum Discovery Request fm- theadfifiomlimmivW '3 Police Department 801 El Cammo Real Santa Clara. CA 95050 FAX (408)248-0276 p0lice©5antaclaracagov @ Nome: Julien Thomé Address: 2449 Walnut Grove Ave Son Jose, CA 95128 Telephone: 9 I 7-270-7452 Defendant in Pro Per SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Traffic Court 19] N. lrs'Sfreet Son Jose, CA 951 13 Citing Agency: Santa Clara Police Department Notice to Appear: ESI23640 Date Issued: 08/03/201 6 People of the State of California vs. Julien Thomé Case Number:SECOND DISCOVERY REQUEST (Traffic) 74 6_TR_539869 TO THE SANTA CLARA POLICE DEPARTMENT IN THE ABOVE REFERENCED CASE: Pursuant to California Penal Code §1054.l and §l9.7, and the enclosed conesggndence with M. chlise of SCPD, I, Julien Thomé, hereby request that you provide disclosure of the following: The serial number of the LIDAR unit operated by Officer T. AIfOId on 08/03/16 around 1235 PM. The calibration logs of the latter LIDAR unit on 08/02/16, 08/03/16 and 08/04/16. ANY data captured by OR saved on said LIDAR unit on 08/03/ l 6 around 1235 PM. A written descripfion, for EACH check performed on soid LIDAR unit on. 08/03/ l 6, olong with corresponding check times and logs. While measuring the speed of my vehicle wflh said LIDAR unit on 08/03/16 around I235 PM: a. The distance (in feet) between Officer T. Alford and the forget vehicle. b. The angle (in degrees) between his LIDAR unit beam and the target vehicle. c. Was Officer T. Alford on the sidewalk OR on the roadway? (l) IF on the sidewalk, 1. How many feet away from the Prunerldge Ave roadway? 2. How many feet away from the Cypress Ave roadway? (2) IF on the roadway, how many feet oway from the Pruneridge Ave sidewalk? d. What pan of my vehicle wos Officer T. Alford aiming oi? 6. A description of traffic conditions of both eastbound and westbound Pruneridge Ave. Did Officer T. Alford observe traffic In front of my vehicle? Did he observe traffic behind my vehicle? 7. At ony time, did Officer T. Alford lose sight of my vehicle? 8. A copy of the departmenf-issued body camera footage referred to by Officer T. Alford on form TR-235. 9. The number of traffic citations Issued by Officer T. Alford on 08/03/1 6. 950.”.- .U‘ IO. The serial number of the LIDAR unit operated by Officer S. Wllson on 08/03/1 6 around I235 PM. l 1. The calibration logs of the lafier LIDAR unit on 08/02/1 6, 08/03/1 6 and 08/04/16. l2. ANY data captured by OR saved on said LIDAR unit on 08/03/I 6 around I235 PM. 13. A written description, for EACH check performed on said LIDAR unit on 08/03/ I 6, along with corresponding check times 0nd logs. l4. While measuring the speed of my vehicle with said LIDAR unit on 08/03/16 around 1235 PM: o. The distance (in feet) between Officer S. Wilson and the forget vehicle. b. The angle (in degrees) between his LIDAR unit beam and the target vehicle. c. Wos Officer S. Wilson standing on the sidewalk OR on the roadway? (I) IF on the sidewalk, Page 1 of2@ 15. I6. l7. 18. l9. 20. 2]. 22. 23. l. How many feet away from the Prunerldge Ave roadway? 2. How many feet away from the Cypress Ave roadway? d. IF on the roadway, how many feet owoy from the Prunerldge Ave sidewalk? e. What pad of my vehicle was Officer S. Wilson aiming at when he obtained a lock? f. How long did he continuously point the LIDAR unit to my vehicle to obtain a lock? A description of traffic conditions of both eastbound 0nd westbound Pruneridge Ave. Did Officer S. Wilson observe froffic in from of my vehicle? Did he observe traffic behind my vehicle? At any time, did Officer S. Wilson lose sight of my vehicle? A copy of the footage from any department-Issued body camera worn by Officer S. \Mlson on 08/03/16 around 1235 PM. The number of traffic cflaflons Issued by Officer S. Wllson on 08/03/ I 6. A copy of any documentary evidence to be introduced of trial. The name and address of all witnesses to the alleged unsafe driving. The name and address of any person endangered by the alleged unsafe driving. Any diagram produced by Officer T. Alford or Officer S. Wilson. Any document listed in the first discovery request served on SCPD on 05/1 7/1 7, that SCPD has foiled to provide. Pursuant to California Penal Code § 1054.5(b), I require that these records be delivered to the address above within fifteen ( l 5) days counting from June 27*", 20] 7, the first business day offer the preparation and mailing of this request; the due date for response to this request is therefore Wednesday, July 12'", 201 7. Copy: Santa Clara County Superior Court ‘ Jig. Santa Clara *gfi‘fi" ‘ m Mchael J. Sellers fluffgotv Chief of Police in... Julien Thome 2449 Walnut Grove Ave San Jose, CA 95128 :L ‘ The following documents are enclosed m this letter W 1. Officer’s notes 2. Officers Radar/Lidar certificate 3. Lidar TSOO7026 Certificate of Accuracy and Calibration covering dates requested. 4. City of Santa Clara Engineering and Traffic Survey Summary. war? Sgt. Shearer Santa Clara Police Dept. Poloce Department 601 El Gamma Rea| Santa Clara, CA 95050 FAX I408)248-0278 pohce‘it‘santaclaracagov@ SANTA CLARA POLICE DEPARTMENT ES] 23640D MISDEMEANOR NOTICE To APPEAR mAmc D MomnArnc Daxe of \holafion Time Day 0f WEEK Case No. 08/03/2016 12:35 PM Wednesday Name (Fust, Middle, lam/(Company) DOwnefs ResponslbllIty (VC 40001) JULIEN THOME Address 2449 WALNUT GROVE AV (“y StaW Z e San Jose CA 95 1 28 Driver l ic. No. State/Country Class omm r ial Age Birth Date F711783‘5 CA CM1 YES x N0 37 05/02/1979 Sex Han Eyes Height Weight Raw Other BLK BRN 508 200 U Veh. Llc. No. or VIN State Reg. MoNr Exp 2156333 CA commvsn. Vr. of Veh. Make Model Body Style Color (VC 1521”» 201 3 PAIG BVZSO Scooter Maroon D HAL MAL Evidence of Finanrial Rasponsibility (VC 353) Registered Owner or Lessee Same as Driver JULIEN THOME Address CI‘Y 5‘3'9 1W (Ode Same as Driver 21023 REYNOLDS DR APT C TORRANCE CA 90503 Conemme molauon (vc 406101 D Booking Requued (see below) Misdemeanor Yes/No (ode and Section Desuiption or Infraction M I N vc 22350 spEEoING/UNSAFE SPEED D E D D D D U D Speed Approx. pj/Max 59¢ van Lm‘ unn Lane Colislon > 7O 3 5 35 Location 0f Vnolatlonm 3f PRUNERIDGE AVE CYPRESS AVE Comments (Weathev, Road 8. Traffiz Conditions. Etc) LIGHT, CLEAR, DRY, LIGHT D Violation“) not commfned ln my piesence, dedared on information and belief. ldedare under penalty of perjury under the IaWs of the Sate of California that the fovegoing is true and correct. 08/03/201 6 T. Alford A1 509 Dec Date Arresting or Cltlng Officer (ch No. AM/PM Vac. Dates Dec. Date Name of Arresting O'fficev. CJIC No. AM/PM Vac. Dates if diffevent from Citing Officer WITHOU‘I ADMITI’ING GUILT,I PROMISE TO APPEAR ATTHE TIME AND PLACE INDICATED BELOW. X Signature ‘V\;/ WHEN: 0n or Before 10/03/201 6 MON WHAT TO DO: FOLLOW THE INSTRUCTIONS BELOW. WHERE: Traffic Court 1095 Homestead Road Santa Clara CA 95050 (408) 5563000 DTo be notified Judicial Coundl of (alvforma FormMM MW)- llllflflflllllflfllflllliflfllfllflllflflfl 405I3(b). 40522. ind 40600; ‘ES1 23640'PC 853.9 and 959.1) TIH 35 OFFICER NOTES CITATION NUMBER: 58123640 VIOLATOR NAME: JULIEN THOME VIOLATION DATE/TIME: 8/3/2016 12:35:00 PM VIOLATION LOCATION; PRUNERIDGE AVE CYPRESS AVE School Zone D Construction Zone OFFICER TEXT NOTES: E81026508.1FTW1SAW VISUAL AND STOPPED HI. m WENT To STOP TRAFFIC CONDITION LIGHTING WEATHER STREET DIAGRAM: LIGHT LIGHT CLEAR DRY PATROL VEHICLE LANE DIRECTION OFFICER POSITION OTHER VEH. NO. VEH. YR. VEH. MAKE DATE CALIBRATED: 25 I 35 [45' 55' 65' 75' 85 CALIBRATED BY: STOPPED BY: DEFENDANT VEHICLE: DEFENDANT POSITION: LANE: DIRECTION: OTHER: STOPPED AT: PASSENGERS: SOLO: RF: RR: MR: LR: OTHER: DISTANCE OBSERVED: DISTANCE. BEHIND: LD. BY: OTHER: RADAR/UDAR I.D.: SPOKE ENGLISH: VIOLATOR STATEMENT: Certificate ofAccuracy For Lidar Unit This is to certify that on the date below, the following applicable tests and measurements have been performed 0n the device listed below and found to meet the manufacturer’s specifications of accuracy, i 1 MPH. Manufactured by: la: r 7: u Model: 724 [flux AK Serial Number : TJ 0 0 703i Pulse Repetition Rate measured 200, 3501 Hz SIGNAL TEST Speed Tested Speed Registered 20 20 50 50 100 1 00 The instrument(s) used to certify the accuracy of the above device has been caIibrated within the previous year and is traceable to the National Institute of Standards and Technology. l. the undersigned, certify that | performed the above calibration and accuracy tests and found the PRR of the abov listed device to be within the prescribed limits as established by the Federal Commu ' tions Commission, NHTSA, and IACP. By ”1% A Date 317/5/ I David Hallacy FCC Licensed Calibrati07éechnicisn The (flag Bad 0 Inc. We Keep You Beaming! 1601 S. Grove - Wichita, KS. 67211 - (5|6) 263-5300 - www.radarservicemom , ‘ . A ‘ ’ 7 1 7 ‘ . . 7 , n a x “ ‘ q a r > , u g h . A V ‘ T ‘ ‘ « , _ _ ' ) - ' , . . l . . ‘ 3 ] ? , . j » . . . . 1 m " : ~ ‘ : : . " ’ ~ / ' > ‘ . . f » " 4 3 ; ? 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I J ‘ , r , § . . 2 h I 1 : 15 ‘ 1 r - . ‘ H ' - e ‘ ; » » \ _ : 1 « E e r t i fi t a t e o f Q t t a i n m e n t I s a w a r d e d t 0 Q B t t i c e rW m g l t n r b # 3 8 0 2 ' W h o h a s s u c c e s s f u l l y f u l fi l l e d t h e r e q u i r e m e n t s p r e s c r i b e d b y t h e S a n J o s e " P o l i c e D e p a r t m e n t ' i R a h a t Q B p e r a t m : P O S T C e r t i fi e d - C o u r s e N u m b e r 2 5 6 0 - 2 3 3 0 0 - 1 0 - 0 0 1 ( 2 4 H o u r s ) ” e w e i 7 : 3 3 1 3 $ 0 5 6 9 3 2 Z L d d a y 0 f F e b r u a n g 1 W 0 fi h o ‘ u s a n d a m ? e i e v e n p a “ « I . \ , ‘ , . - 5 _ \ , . a . . _ , ' : s - 7 ' 1 - . 3 . - ' v _ \ ‘ v l t \ \ . : , ' 5 3 1 1 0 n r e c o m m e n d a t i o n o f t h e S a n J - o s e P o l i c e D e p a r t m e n t , t h i s Q t e r t i t i t a t e o f a t t a i n m e n t ' I s a w a r d e d t 0 Q B t t i c e rW m g l i n t h # 3 8 0 2 I W h o h a s s u c c e s s fi l l l y f u l fi l l e d t h e r e q u i r e m e n t s p r e s c r i b e d b y t h e S a n J o s e ‘ ‘ P o l i c e D e p a r t m e n t ‘ ? L i h a r Q B p e r a t u r P O S T C e r t i fi e d - C o u r s e N u m b e r 2 5 6 0 - 2 3 3 2 0 - 1 0 - 0 0 1 ( 8 H o u r s ) m < U bANTA < ‘ Santa Claram 1 "7 llIAl. 2001 .Engineering Department December 23, 2013 Z Traffic Conn (I 935 Ruff Drive San Jose, CA 951 10 Q Traffic Commissioner: U- Priina Facie Speed Limits Pruneridge Avenue Between Winchester Boulevard and Lawrence Expressway -~J Ihis is t0 certify that, in accordance with Sections 223 57 and 22358 of the Vehiple Code, an engineering and traffic survey has been made for Pruneridge Avenue, betwaen Winchester Boulevard and Lawrence Expressway. From the survey it has been determined that the prima facie speed limit of 35 m.p.h. declared by Chapter 10.05.840 of the Santa Clara Municipal Code for ; Pruneridge Avenue is most appropriate to facilitate the orderly movement of traffic and isreasonable and safe. Copies of the survey are enclosed. Very truly yours, ~ Traffic Engineer Enclosures ”TF5 tsvwrmw ‘8 a Hue and mu tsp; u! me osig‘mal dccumgn! on mo at me Eepanmem of Pubhc Woda. Tram, Engineering [Mvimn \n Ibo r319 la Wufiaflomin, B&fiflé/ b :21- M/i/éi/B l. ‘ .on. ”mm 1500 Warburton Avenue Santa Clara. CA 95050 (408] 61 5-3000 FAX [408) 985.7985I:\£NGINEERING‘Dnfi\WP\TRAFFIC\Rudnr SuwcysWruquidge Avcaue (Lawrmce Expy lo \vinchener Blvdw’nmcridge winchesu lo lnwrenceCoun leuer.doc www.a.santa«clara.ca.us City of Santa Clara Engineering and Traffic Survey Summary Street: PRUNERIDGE AVE Field Observer M. MOHAMED Limits: LAWRENCE EXPY Checked By: M. JOHNSON WINCHESTER BLVD Date: 12/1 7/2013 Factors Direction: Easthest A. Prevailing Sgeed Dam Location of Survey 133' west of N. Henry Ave. 85th Percentile 39.0 10 mph Pace 31 -40 Percent in Pace 84.0% Posted Speed Limit ' 35 B. Collision Histom Date Range Covered 7/1/2011 To 6/30/2013 ( 2 years ) Total Collisions 30 Collision Rate (AchMVM) 1.378 Expected Collision Rate 1.98 C. Traffic Factors Average Daily Traffic 11840 Length of Segment 13286 Lane Configuration 1 Lane with two-way left turn lane and 2 lanes each dlrecflon segmenm Street Classification Arterial D. Congiflons Not Readily Agearent Conditions Sidewalks and parking on both sides. Residential and commercial driveways. Bicycle lanes between Lawrence Expy and Pomeroy Ave. Elsewhere bicyclists share the lane. Roadway Geometries Horizonml curves between Pomeroy Ave & Cronin Dr. and Klely Blvd 8. Luther Dr. Comments Signal controlled Intersections at Wlnchester Blvd, N. Cypress Ave, Saratoga Ave, San Tomas Expy, Klely Blvd. Woodhams Rd, and Pomeroy Ave. Uncontrolled crosswalks at Intersection wl Redwood Ave and Uncontroued School crosswalk at Cronin Dr. Fire Station #4 located 600' east of Saratoga Ave. CommerciallRetail at San Tomas Expy. Saratoga Ave, and Winchester Blvd. St Marks Church at Jlll. Maywood Park between Tracy and Cronin. . E. Adlacent Land Use Commercial and SinglelMulti Family Residential Posted Speed Limit 35 Speed Limit Change? No Revised Speed Limit Approved and Authorized for release by City of Santa Clara: xV-«DgK) City of Santa Clara Traffic Enginnering Department Street Name: PRUNERIDGE AVE Umis: LAWRENCE EXPY to WINCHESTER BLVD Radar Survey Sheet ’X=West l=East 5 10 15 20 25 3O 35 40 # %ea 8. 11. 15. 11. 7. 124 3. 340% 1.0% 1. cum.% 100% 97. 93. 90. 85‘ 73. 65.0% 54. 39.0% 280% 21 9. 6.0% 3. 1. . Date of Survey: 1211712013 Start Time: 1:58 85th Percent“ Speed: --39'° Weather: Clear End Time: 2:20 50th P t'l S d: 34.7me" f e pee - Road Condition: Good Posted Speed: _5 15th Percentile Speed: 31.5 Street Class.: Arterial 10 MPH P : - . _. ace _ 314°. _ ”gjzsenwex; NI. MOHAMED , ,7 V 7 7 Numb-er Ifi Pfié’. £5 _ _ _ k . . Percent in Pace: 84.0% condltlons not Svdewal s and parkmg on both sudes. Numerous Apparent: residential and commercial driveways. Bicycle lanes TMUL GM, E5 (L) €40 {mm dndl‘. OY/O'yflb ' las)’SANTA CLARA'POLICE . T REQUEST FOR RECORD :NFORMAHON ”av . MM601 a canine Ru: ain: “3&154700Fax. > ~ 4084480275 Simian: CA 9505a Reporf/Case # a ( VI ff \ :5?” J Ty” °' R-pon (check m): ar Incldent 3_ 1- ‘mm: Coulsonfiepon O cm;RM O m,000.4713ch _ . 0mm AJMelgmlamr'quaflngcmhnw: (Meerwemcm copy O'Rem I O can. fuse“ Omm Dawnr'”W: Lumenmomma: Smpea/Dmer Name; VHWVDH’VH Namg; x I 3 V ‘.M! ho- loik m3" ORNAL‘OL tn (nnL ¥erI l , ‘ ‘ Im5 (Vldi‘m 0M): 8 Property Owner O Mamey lmunnce Rnp. Om".ow W;/ <6 Li (<12? . / ' ‘ cry, sum. GDP 0°“: all} fie ML _ ' I .mmszfl,msmCMPoflaDwmnuymmbiod-yabm3“mm?“ Sm}.cmmm ca'ut(mamamsun:“flamdmmmm' ' Re‘ CaLsd 757)Wswey 5-0" ”L m iw;'"clomvn: w WCD’DVD‘ oHm I W00(114 WNW: Nome: Julien Thome’ Address: 2449 Walnut Grove Ave Telephone: 917-270-7452 L EDefendant in Pro Per SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA San Jose, CA 95128 Traffic Coufi JUN 2 8 2017 191 N. W Street Son Jose, CA 951 )3 C'erk of 9 Court Citing Agency: Santa Ctorc Police Department Qua cam oc A oc Sangga‘r'aw Notice to Appear: E81 23640 ------ - - Dofe Issued: 08/03/201 6 People of the State of California vs. Julien Thomé ‘sscouo mscovm REQUEST (Traffic) “mfimfifism, g TO THE SANTA CLARA POLICE DEPARTMENT IN THE ABOVE REFERENCED CASE: Pursuant to California Penal Code § 1054.1 and §l9.7, ond the enclosed correspondence with M. Scalise of SCPD, l, JuIien Thomé, hereby request that you provide disclosure of the following: PPN.‘ 9‘ IO. H. 12. l3. l4. The serial number of the UDAR uni? operated by Officer I. Alford on 08/03/ I 6 Ground I235 PM. The calibration logs of the lofier LIDAR unit on 08/02/16, 08/03/16 and 08/04/16. ANY data captured by OR saved on soid LIDAR unit on 08/03] I 6 around 1235 PM. A written description, for EACH check performed on soid LIDAR unit on 08/03/1 6, along with corresponding check fimes ond logs. While measuring the speed of my vehicle with said LIDAR unit on 08/03/16 around I235 PM: o. The distance (in feet) between Officer T. Niord 0nd the forge? vehicle. b. The angle (in degrees) between his LIDAR unit beam and the forge? vehicle. c. Was Officer T. Alford on the sidewalk OR on the roadway? (l) IF on the sidewalk, 1. How many feet away from the Pruneridge Ave roadway? 2. How many feet away from the Cypress Ave roadway? (2) IF on the roadway, how many feet away from the Pruneridge Ave sidewalk? d. What part of my vehicle was Officer T. Alford aiming at? A description of traffic conditions of both eastbound ond westbound Prunen'dge Ave. Did Officer T. Alford observe traffic in front of my vehicle? Did he observe traffic behind my vehicle? At ony time, did Officer T. Alford lose sight of my vehicle? A copy of the depanment-issued body camera footage referred to by Officer T. Alford on form TR-235. The number of traffic citations issued by Officer T. Alford on 08/03/ l 6. The serial number of the LIDAR unit operated by Officer S. Wilson on 08/03] 1 6 Ground 1235 PM. The calibration logs of the lofier LIDAR unit on 08/02/16, 08/03/16 and 08/04/16. ANY data captured by OR saved on said LIDAR unit on 08/03/ l 6 around 1235 PM. A written description, for EACH check performed on said LIDAR unit on 08/03/1 6, along with corresponding check times and logs. While measuring the speed of my vehicle with sold LIDAR unfl on 08/03/16 around I235 PM: o. The distance (in feet) between Officer S. Wilson and the forget vehicle. b. The angle (in degrees) between his LIDAR unit beam and the target vehicle. c. Was Officer S. Wilson standing on the sidewalk OR on the roadway? (I ) Ir on the sidewalk, ® Page I of 2 15. 16. l7. l8. l9. 20. 2]. 22. 23. I. How many feet away from the Pruneridge Ave roadway? 2. How many feet away from the Cypress Ave roadway? d. IF on the roadway, how many feet away from ?he Pruneridge Ave sidewalk? e. Who’r part of my vehicie was Officer S. Wilson aiming at when he obtained a lock? f. How long did he confinuously polnf the UDAR unit to my vehicle to obtain a lock? A description of traffic conditions of both eastbound 0nd westbound Pruneridge Ave. Did Officer S. Wilson observe traffic in from of my vehicle? Did he observe 1roffic behind my vehicle? At any time, did Officer S. Wilson lose sight of my vehicle? A copy of the footage from any deportment-issued body camera worn by Officer S. Witson on 08/03/ I 6 Ground 1235 PM. The number of traffic citations Issued by Officer S. Wilson on 08/03/ I 6. A copy of any documentary evidence to be introduced at trial. The name and address of all witnesses to the alleged unsafe driving. The name and address of any person endangered by the alleged unsafe driving. Any diagram produced by Officer T. Alford or Officer S. Wilson. Any document Iisied in the first discovery request served on SCPD on 05/1 7/17, that SCPD hos foiled fo provide. Pursuant to California Penal Code § 1054.5(b), l require that these records be delivered fo the address above within fifteen ( 1 5) days counting from June 27'", 201 7, the first business day offer the preparation 0nd mailing of this request; the due date for response to this request is therefore Wednesday, July 12’“, 201 7. Copy: Santa Clara County Superior Court Nome: Julien Thomé Address: 2449 Walnut Grove Ave Son Jose, CA 95128 Telephone: 9 I 7-270-7452 l Defendant in Pro Per SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLA J” N 2 8 2m] Traffic Court I9] N. 1m Street Cleg+ of the ourl Son Jose,CA 95113 WWGCA 0‘58"“ Citing Agency: Santa Cloro PoliceDepam- EPUW Notice to Appear: ESI23640 Date Issued: 08/03/201 6 People of the State of California vs. Julien Thomé LE PROOF OF SERVICE Case Number: 7-16-TR~539869 l. I cm over l8 years of oge 0nd not a party to this acflon. I om o resident of 0nd employed in the county where the mailing took place. My residence address is: 2449 Walnut Grove Ave, Son Jose, CA 951 28 2. On June 26'“, 2017 ! mailed from Santa Clara, CA a discovery request to Santa Clara Police Department. 3. I served the discovery request by enclosing it in on envelope ond depositing the sealed envelope with the United States Postal Service. 4. The envelope was addressed and mailed as follows: o. Nome of the entity served: Sonia Cloro Police Department b. Address of the entity served: 601 El Comino Real, Sonic Clara. CA 95050 I declare under penalty of perjury under the lows of the State of California thot the foregoing is true and correct. Date: June 26'“, 20! 7 Eleanor Masboum géflflfifl/fik Page I of l E m G a n g C A c m i ‘ é e m u ” ! W U W M T M o w , l Z C & M ' O M O " . “ H I ! l H i l l " ! W “ H U M E \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ “ 8 ‘ 7 ? U l b D ? S U D D D U 3 3 7 E B S D ? 9 5 1 1 3 R 2 3 $ 0 3 3 6 1 0 3 0 8 7 2 . o o 4 5 [ 2 3 6 4 0 : . ( I w r y » C Q w R ’ 5 k ( l q u m c x l ( 0 W 3 ) 0 : \ S A M R - C i w w ‘ . - d ‘ s c o v w a M J ‘ M A " U ) 0 0 f - r m t . \ a K w a u x , ( q M r E l u s t “ , \ ‘ b i N 4 M ? S h u d ’ S W 1 ) ; » ; C A 9 3 ‘ 3 “ ” ) $ \ \ \ J U N 2 8 2 0 1 7 Q ? ? ? \ m AWN wooflav‘ 10 ll 12 13 14 15 16 l7 l8 l9 20 21 22 23 24 25 26 27 28 29 30 Julien Thomé 2449 Walnut Grove Ave San José, CA 95128 91 7-270-7452 m, 7 Defendant in pro per ‘ “ SUPERIOR COURT 0F THE STATE 0F CALIFORNIA, COUNTY 0F SANTA CLARA Trafl'lc Division ) Cgse No: 7-16-TR-539869 > A People ofthe State of California ) E" ; ‘ " " ‘ ‘ " k ) NOTICE 0F MonON AND vs. ) MOTION To SUPPRESS ) EVIDENCE AND TESTIMONY Julien Alexandre Thomé ) ) To the HONORABLE PRESIDING JUDGE and to the PEOPLE 0F THE STATE 0F CALIFORNIA: Please take notice that on 28 July 2017 at 1500 or as soon as the defendant may be heard in the Traffic Division of the above court, the defendant will and hereby does move this honorable court for the suppression of the evidence and testimony enumerated below: a. The testimonies of both Oflicer T. Alford and Officer S. Wilson. b. Any notes, declarations or statements made by both Officer T. Alford and Oficer S. Wilson in reference to the aforementioned case, for which the information requested in the defendant’s discovery request has not been received. The testimony of any other witnesses. The citation issued to the defendant on O3 August 2016. The omcer’s visual estimation of the alleged speed the defendant was traveling. The LIDAR reading of the alleged speed the defendant was traveling. ”.099 Page 1 of6 Motion to Suppress Evidence and Testimony and Memorandum of Points and Authorities AWN- “OM This motion will be made on the grounds that the defendant, having requested discovery under PC §1054, has only received an incomplete response from the People, that is, full discovery has not occurred. The people’s refilsal to comply with their statutory obligation impairs the defendant’s ability to prepare and mount an adequate defense, and the defendant requests that the court exercise its authority under PC §1054.5(b) to remedy this situation. The motion will be based on this notice of motion, on the attached memorandum of points and authorities served and filed herewith, on such supplemental memoranda of points and authorities as may hereafter be filed with the court, or stated orally at the conclusion of the hearing, on all the papers and records on file in this action, and on such oral and documentary evidence as may be presented at the hearing of the motion. Dated: 181u1 '201] J} g ' \H Julien Thomé ‘ Defendant in o per POINTS AND AUTHORITIES FACTS On 03 August 2016 defendant Julien Thomé was issued a citation by Officer T. Alford of the Santa Clara Police Department (SCPD) for violation ofVC §22350, unsafe driving. The defendant requested trial by written declaration and on 14 April 2017 a finding of GUILTY was entered in the case. On 01 May 201 7, the defendant being dissatisfied with the court’s decision requested trial de novo pursuant to VC §40902(d). On 08 May 2017 the defendant, through Mrs. Eleanor Masbaum, served via certified mail a discovery request on the Santa Clara County Distn'ct Attorney requesting specific documents and information relevant to the defendant’s case. Proof of service was filed at the time of the request with the Santa Clara County Superior Court. The defendant received no response in this case. Page 2 of6 Motion to Suppress Evidence and Testimony and Memorandum ofPoints and Authorities h \Owflakh 10 11 12 I3 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 On 17 May 2017 the defendant served via certified mail a discovery request on the SCPD requesting the same specific documents and information relevant to the defendant’s case. Proof of service was filed at the time of the request with the SCPD. The defendant received the following documents: - a copy ofthe citation; in the defendant’s possession since issued on O3 August 2016. - a copy ofthe calibration cefiificate for LIDAR unit serial number TSOO7OZ6; no logs fiom said LIDAR unit for O3 August 2016. - a copy of a course completion by Ofiicer T. Alford to operate RADAR and LIDAR devices; as expected from any SCPD LIDAR operator. - a copy of the relevant traffic engineering survey, as required by law to justify the posted speed limit. - a copy of Officer T. Alford’s text notes; one line, no reference to any speed-measuring device calibration and opemtion methods used, no diagram of the distance and angle from the target vehicle, no mention bfthe officer’s approximate speed, no evidence of the road, traflic and weather conditions, no mention of any witness to endangering the safety ofpersons or property other than the citing agency. - a copy of the relevant tramc engineering survey. - a note fiom SCPD according to which all other requested information is either “not applicable” or “not available”. On 05 June 2017, the original arraignment and trial date, full discovery having not occurred under California Penal Code §1054, continuance was granted for the defendant to file a motion to compel discovery. Trial date was postponed to 28 July 2017. On 17 June 2017, the defendant requested further speed-measuring and device- cah'bration/operation information fiom SCPD by filing a Santa Clara Police Request for Record Information form available at the fi'ont desk of the SCPD Administmtive Building. On 19 June 201 7, the defendant was advised by SCPD to file a discovery request for the information requested on 17 June 2017. On 26 June 2017 the defendant served via certified mail a second discovery request on SCPD requesting information still missing fiom the first discovery request, along with the same information requested on 17 June 2017. Proof of service was filed at the time of the request with SCPD. The defendant received no answer to the second discovery request. Page 3 of6 Motion to Suppress Evidence and Testimony and Memorandum of Points and Authorities ARGUMENT I. DISCOVERY Is THE DEFENDANT’S STATUTORY RIGHT Discovery in this matter is the defendant’s statutory right, and disclosure in response to discovery is the prosecutor’s statutory obligation. California Penal Code §19.7 provides that: Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infi'actions. .. California Penal Code §1054.1 provides that: The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the_ possession of the investigating agencies (c) all relevant real evidence seized or obtained as part of the investigation of the offenses charged. As there are no provisions of law providing otherwise, it is the defendant’s right in this case to receive full disclosure of the items covered under PC §1054.1. II. THE SANTA CLARA POLICE DEPARTMENT Is THE RESPONSIBLE ENTITY FOR RESPONDING To THE DEFENDANT’S DISCOVERY REQUEST ON BEHALF OF THE PEOPLE California Government Code §26500 provides that: The district attorney is the public prosecutor, except as otherwise provided by law. The response received fiom the Santa Clara County District Attorney in case 7-16-TR- 542 1 01 provides that: The District Attorney has opted not to appear in person and refers all discovery requests directly to the citing agency. This indicates that the SCPD is responsible for disclosing information requested by the defendant. The fact that this is a traffic case does not alter this reality nor shifl responsibility to respond to this discovery request to the SCPD. Furthermore, in People vs. Behjat (2000) 84 Cal.App.4th Supp. 4, the court held that: In a prosecution under Vehicle Code section 22350, the record must contain substantial evidence fiom which a fact finder could conclude either that the defendant drove at a speed that endangered people or property or that he drove at a speed that was unreasonable for the driving conditions. Such evidence has not been provided, as it may not exist. III. THE PEOPLE’S REFUSAL TO COMPLY WITH THEIR STATUTORY OBLIGATION IMPAIRS THE DEFENDANT’S ABILITY TO MOUNT AN ADEQUATE DEFENSE Page 4 of 6 Motion to Suppress Evidence and Testimony and Memorandum of Points and Authorities - bWN OWQQM 10 ll 12 13 l4 15 16 l7 l8 l9 20 21 22 23 24 25 26 27 28 29 30 31 32 {f-i’ The information contained in the defendant’s first and second discovery requests is necessary to mount an adequate defense. In particular, information regarding speed-measuring device calibration and operation methods used on O3 August 2016, logs fiom the speed- measuring device, distance and angle fiom the target vehicle, the officer’s approximate speed, evidence of the road, trafl'lc and weather conditions, name of any witness other than the citing agency, are critical components of the defendant’s case. IV. THE COURT HAS THE AUTHORITY T0 COMPEL DISCOVERY BY SUPPRESSING EVIDENCE California Penal Code §1054.5(b) provides that, in the event of non-compliance with a properly filed discovery request: A court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the twtimony of a witness or the presentation of real evidence... [emphasis added] V. SUPPRESSING EVIDENCE AND TESTIMONY Is THE APPROPRIATE REMEDY IN THIS CASE The alternate procedures under PC §1054.5(b) to compel discovery include requiring immediate disclosure, contempt proceedings, or delaying prosecution ofthe case. Immediate disclosure is not a satisfactory remedy as it grants the defendant insufiicient time to prepare a defense. Given the minor nature of the offense, contempt proceedings seem inappropriate as they would likely garner a penalty greater than that currently being weighed against the defendant. Granting a continuance would compromise the defendant’s right to a speedy trial. CONCLUSION Defendant has exercised his right to discovery under PC §1054 by requesting disclosure of certain relevant information fiom the People. The People have declined to comply with their statutory obligation to provide full disclosure of the information requested by the defendant. Accordingly, the defendant requests that the court exercise its authority to compel discovery under PC §1054.5(b) by suppressing the matters enumerated herein. Page 5 of6 Motion to Suppress Evidence and Testimony and Memorandum of Points and Authorities AWN ENCLOSURES l. 9‘95”!" Copy of first discovery request to SCPD. Copy ofSCPD response to first discovery request. Copy of Santa Clara Police Request for Record Infomation form filed by defendant. Copy of SCPD response to Santa Clara Police Request for Record Infonnation form. Copy of second discovery request to SCPD. Page 6 of 6 Motion to Suppress Evidence and Testimony and Memorandum of Points and Authorities@ 5 SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA _ 31° Santa Clara Courthouse 29/ / ’q-RAFFIC DOCKET/ORDER 1095 Homestead Road. Santa Clara,CA 85050 Mamngz 191 N. 19tSb'eet.San Jose. CA 95113 PEOPLE VS moms, JULIE‘N 07/23/2017 03mm Dapanmom 53 CASE NO- 7-1e-TR-539369 ADDRESS 2449 WALNUT GROVE AVE CITATION 53123640 08/03/16 37 SAN Jose. CA 95123 VLN 2153333 DLN CAmes c COMMISSIONER / JUDGE Lisa Steingan OFFICER Nford. Tlmdhy‘Aim Santa Clara PD CLERK Tw ? HEARINGaw 8A '1 STATUS gas53m)COMMENT 0505 mcnora cbsssez : u. OI CHARGES 1 vc 2350-1 ceasogo Len uaae. Hone 1 AT ?@M DEPT 6”fCOURT AP EARANCE DATE xND Defendant Present [Z] Not Present Without Attorney D With / By Attorney D With Interpreter SpanishNietnamese/Other (Please Specify) Int reterW [:1 n 7% Administered Interpreter is D Certified D Non-CenifiedflGNM T b 5 aived D Reporter Waived Defendant arraigned. Informed of the pending charge(s), and advised of the following rights. to the aid of counsel at all stages of the proceedings; to Court appoimed counsel i without funds; to speedy, public trial by Court or jury; to confront and cross-examine adverse witnesses; to all processes of the Coun to subpoena; against self incrimination; tc dismissal if not tried within statutory time; and to verbatim record. Detendant advised of the effect of waiver of time for trial/sentence and to the provisions of sections 987.8 anc 10 .5 of the Penal Code and of 40508b and 14607.8 of the Vehicle Code. ot Guilty El Arraignment D Plea D Proof Of D Volunteer Work El MIP D Insurance D Drivers License D Change of Plea D Guilty____ D P trial Conference D Refer to P.D. D Bail Exonerated D Forthwith D Forfeited D No Further Proc D NoloContendr%__ ourt Trial D Sentencing D Further Hearing D Forfeiture set aside D Ball reinstated D Time Waived Ime Not Waived E] VC40508A reduced to infraction D Trial De Novo D Bail Apply D Balance Exonerated D CBO Auth D Time Waived for Sentencing D VC405088 reduced to infraction D Proceedings stayed D OFI Revoked D May Post & Forfeit D Waives n'ghts D Arbuckle Waived D VC12500A reduced to infraction D B/W Ordered $ __._ D No cite release D Add VC40508 D Stip to Judge Pro Tempore D No Stipulation U Amended_.___ U Proceed to Delinquency D Add VCAOSOBB D No Requests D Stipulate to Sentencing by Comm D Motion to___.__ D B/W set aside D Stayed U Recalled [Z] Filed D Previous finding of Gujlt/Conviction sekaside D Motion granted/denied D Impose Civil Assessment D Vacate Civil Assessment Enigk: ‘L DPCPS y” 59 P ’ D Trial in Absentia D Trial by Declaration in Absentia fficer present D Not present D Deputy District Attorney D Witnesses sworn for People D Witnesses sworn for Defendant III Exhibits El Released in days D Submitted with Consent of Defendant D Defendant waives personal presence at time of pronouncement of judgment D Found Guilty__-__ El Found Not Guilty____ x Served Appeal Rights El After Submission Commissioner D Violations DismissedL_- D Case Dismissed D Lack of Prosecution D Interest of Justice D Violations corrected D VC41500 / PC 1385 / Traffic School Completed SENTENCE: D Imposition of sentence suspended for the probationary period. D Sentence Suspended CT D COURT PROBATION granted for a period of _____ days/mos/yrs from this order. D Fees Waived 9T___ [3 Probafion revoked/terminated/modified/reinstated/exiended to _____. D VOP Admitted/Denied D Sentence modified D Pay fine of CT D To Courtfl'oday/DOR/Alliance D Stay____ D Further Stay on Traffic SchooVFine to CT D Payments granted/modified $____/ month, beginning____ CT D__ Hours volunteer work in lieu of fine D through SAP/Non Profit Organization D Last extensior VC40508ANC405OBB U Committed for fine for one day for each $30/_.__ D Lasx Extension/Continuance SUSpend D Consecutive with D Concurrent to Eflj'zofifsessmems) D Ct.___ E1 Serve__ days/Hrs County Jail U PC 2900.5 Credit days/hrs warrant (Awe) D Straight timeNVeekend Work D Prebook at AM/PM D To Commence at AM/PM D PC 1209 Fee Ordered/Waived Prior Search Fee / mwamfififiwmmmmmfiwwmwmww SECA/copA E? D and consecutive MO/TU/WE/TH/FR/SA/SU Conviction Fee D Referred to minor alcohol/drug program E] Do not drive w/o license and insurance EM Fine D Driving Privilege D Suspended / Restricted days/mos/yrs Traffic School Fee D May drive tO/fI'Om/during work/school D Pursuant to VC13202.5 Traffic schooi Ext Fee D Ordered to Driver Improvement Course E] Re-referral State Restitution Fine D Must completeby__-- Night Court D Delete Traffic School / volunteer work Civil Assessment D All outstanding fines and services rendered fees commuted. Bad Check Fee Dismissal Fee Stay/Acct Receivable Fee D Minute order mailed to defendant TOTAL Bail Bond Cost $____ Pay Bail Bond Cost by Other D Committed to custody of DOC until sentence is satisfied in full. D Remanded. Bail set at $ U Ordered released. D Stay on jail sentence (see above) SEE BACK OF FORM FOR MORE INFORMATION DISTRIBUTION: BLACK-FILE COPY. GRFFN-DOC / ACCOUNTING RI HF-CAI FNDAR / n F Pl IRPI F-A(-‘.FNP.Y RnnWNJ‘FFFND Julien Thomé 2449 Walnut Grove Ave . F I L ESan José, CA 95128 917-270-7452 A AUG 0 1 2017 Defendant in pro per Clerk“Of the Court BY Cin‘jy Lngiish SUPERIOR COURT 0F THE STATE 0F CALIFORNIA, COUNTY 0F SANTA CLARA Traffic Division ) Case No: 7-16-TR-539869 People ofthe State of California ) ) NOTICE 0F MOTION AND vs. ) MOTION To COMPEL DISCOVERY ) Julien Alexandre Thomé ) ) To the HONORABLE PRESIDING JUDGE and to the PEOPLE 0F THE STATE 0F CALIFORNIA: Please take notice that on 8 September 2017 or as soon as the Court shall allow, defendant will and hereby moves this Court for an order to compel discovery requested by the defendant via two separate discovery requests: one on 17 May 2017, one on 26 June 2017. Said two discovery requests were filed with both this honorable Court and the Santa Clara Police Department (SCPD). Defendant received an incomplete answer on the first discovery request. No answer was provided on the second discovery request. Said motion shall be made upon the contents of the Court’s file on this case, the arguments by the parties, testimony of the defendant if needed, and any evidence as presented and allowed by the Court at the time of the hearing of this motion. Page l of8 Notice of Motion And Motion to Compel Discovery @ QQUIAWN m 10 ll 12 l3 l4 15 16 l7 l8 l9 20 21 22 23 24 25 26 27 28 29 30 First Discovegy Request: Pursuant to CA Penal Code 1054, 0n 17 May 201 7, a first discovery request was filed via certified mail with return receipt with both SCPD and this Court. To this date, the response fiom SCPD to said first discovery request has remained incomplete. Specifically, defendant seeks disclosure of the following documents missing fiom the discovery request filed on 17 May 201 7: #1 A copy of any documentary evidence to be introduced at trial: Defendant needs such evidence to mount adequate defense. #2 The names and addresses of all prosecution witnesses who Will testify at trial: Defendant needs such information to mount adequate defense. #3 A copy of the departmental operating or procedures manual used for the training and/or operation of the speed measurement device(s) used to ascertain the speed of the vehicle in the above referenced Notice to Appear: Defendant needs such information to ensure that Lidar unit serial number TSOO7OZ6 was properly operated on the day of the citation. #4 Copies of the maintenance, certification, and calibration records, for the last three years, of Lidar unit serial number TS007026: Defendant needs such copies to ensure that Lidar unit serial number TSOO7026 was properly maintained and calibrated prior to and on the day of the citation. Page 2 of 8 Notice of Motion And Motion to Compel Discovery @ fl Lit 0° 10 11 12 l3 l4 IS 16 l7 18 l9 20 21 22 23 24 25 26 27 28 29 30 #5 Detailed information on how the speed measurement device was being used to ascertain the speed of the vehicle described in the above-referenced Notice to Appear, including (at a minimum) the following: l. The distance between the speed measurement device and the vehicle described in the above-referenced Notice to Appear during the period of time when the speed was measured. 2. The time in seconds used to ascertain the speed of the vehicle described in the above-referenced Notice to Appear. Defendant needs such detailed information to ensure that Lidar unit serial number TSOO7026 was properly operated on the day of the citation. #6 A copy of the portion of the Lidar unit’s manufacturer operator manual relating to field use and operation: Defendant needs such copy to ensure that Lidar unit serial number TSOO7026 was properly operated on the day ofthe citation. 7# For each officer, (S. Wilson and T. Alford), a description of the physical location of the officer at the moment he initially sighted the defendant: Defendant needs such description to reconstruct the facts surrounding the operation of Lida: unit serial number TSOO7026 on the day of the citation. #8 A description of: a. When the vehicle was visually sighted by the officer; b. When the speed of the vehicle was captured by Lidar unit serial number TSOO7026; c. The sequence and time elapsed between these two events. Page 3 of 8 Notice of Motion And Motion to Compel Discovery @ For each description, a, b and c, include time and distance between Lidar and target vehicle. Defendant needs such descriptions to reconstruct the facts surrounding the operation of Lidar unit serial number TSOO7026 on the day of the citation. #9 For each officer, (S. Wilson and T. Alford), the number of traffic citations issued by the officer on 3 August 2016, the make and model of vehicles involved in the citations, and the race/ethnicity and age of cited drivers: Defendant needs such information to mount adequate defense. Page4of8 Notice of Motion And Motion to Compel Discovery oooanAwN_ wwNNNNNN N ~oowq¢MAawgggazaazmfizs Second Discoveg Reguest: Pursuant to CA Penal Code 1054, and as advised in writing by SCPD on 19 June 2017, a second discovery request was filed on 26 June 201 7 via certified mail with return receipt with both SCPD and this Court. To this date, SCPD has not responded to said second discovery request. Specifically, defendant seeks disclosure of the following documents missing fiom the discovery request filed 0n 26 June 2017: #1 The complete calibration logs ofLidar unit serial number T8007026 for 08/02/16, 08/03/16 and 08/04/16: Defendant needs such logs to ensure that Lidar unit serial number TSOO7OZ6 was properly calibrated prior to, on and afier the date of the citation. #2 Any data captured or saved on Lidar unit serial number T8007026 on 08/03/16: Defendant needs such data to verify the speeds measured on Lida: Unit TSOO7026 on 08/03/16. #3 A written description of each check performed on Lidar unit serial number TSO07026 on 08/02/16 and 08/03/16, along with corresponding check times and logs: Defendant needs such information to ensure that Lidar unit serial number TSOO7026 was properly calibrated on the day of the citation. #4 While measuring the speed of the target vehicle with Lidar unit serial number TSOO7026 on 08/03/16: a. The distance in feet between Officer S. Wilson and the target vehicle. b. The angle in degrees between the beam of Lidar unit serial number T8007026 and the target vehicle while obtaining a lock. Page 5 of8 Notice of Motion And Motion to Compel Discovery QONMAWN \OOO 10 ll 12 l3 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 29 30 31 c. Was Officer S. Wilson on the sidewalk or on the roadway? l. If on the sidewalk: 1. how many feet away from the Pruneridge Ave roadway? 2. how many feet away from the Cypress Ave roadway? 2. If on the roadway, how many feet away from the Pruneridge Ave sidewalk? d. What part of the target vehicle was Officer S. Wilson aiming at when he obtained a lock? e. How long did he continuously point Lidar unit serial number TS007026 to the target vehicle in order to obtain a lock? Defendant needs such information to ensure that speed was measured properly on the day of the citation. #5 A detailed description of traffic conditions of both eastbound and westbound Pruneridge Ave. Did Officer S. Wilson observe traffic in front-of the target vehicle? Did he observe traffic alongside of the target vehicle? At any time, did any of the officers lose sight of the target vehicle? Defendant needs such information to ensure that speed was measured properly on the day of the citation. #6 A copy of the footage from the department-issued body camera worn by Oficer T. Alford on 08/03/16: Defendant needs such information to reconstruct the facts surrounding the operation of Lidar unit serial number TSOO7026 on 08/03/16. Such footage would also shed light on the condition of traffic. Page 6of8 Notice of Motion And Motion to Compel Discovery OOQGUOA \O 10 11 12 l3 l4 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 29 30 3] #7 The names and addresses of all witnesses to the alleged unsafe driving: Defendant needs such information to mount adequate defense. #8 The names and addresses of any person endangered by the alleged unsafe driving: Defendant needs such information to mount adequate defense. #9 For each officer, (S. Wilson and T. Alford), any diagram produced by the oficer with respect to citation ESIZ3640: Defendant needs such information to mount adequate defense. Conclusion: Defendant has exercised his right to discovery under PC §1054 by requesting disclosure of relevant information from the People. In that effort, two separate discovery requests were filed with both SCPD and this Court: one on 17 May 2017, one on 26 June 2017. SCPD provided an incomplete response to the first discovery request. SCPD did not respond to the second discovery request. Disclosure is necessary for the defendant to mount adequate defense. Disclosure is necessary to ensure justice, fair trial and due legal process. As a consequence, the People have failed to comply with their statutory obligation to provide full disclosure of the information requested by the defendant. Accordingly, the defendant requests that the court exercise its authority to compel discovery under PC §1054. Page 7 of 8 @ Notice of Motion And Motion to Compel Discovery OWQOMAWN- mwNNNNNNNN N -oomqauawmgo$;:aaxa§:5 The Court shall grant this motion and compel SCPD, on behalfof the People, to produce missing information requested via the two separate discovery requests filed by the defendant. Some of the missing information is listed above, one list for each discovery request. Respectfully submitted, Dated: 31 July 2017 Julien Thomé Defendant in pro per Enclosures: Copy of first discovery request to SCPD. Copy of SCPD response to first discovery request. Copy ofSCPD Request for Record Information form filed by defendant. Copy of SCPD response to SCPD Request for Record Information form. Copy of second discovery request to SCPD. Defendant’s availability for hearing and tn'al dates in August and September 2017. Copy: Santa Clara County Superior Court, Traffic Division Page 8 of 8 Notice of Motion And Motion to Compel Discovery t NAME 0F COURT: SUPERIOR COURT 0F CALIFORNIA, COUNTY QF SANTA CLARA FOR COURTUSE 0”” BRANCH NAME Santa Clara Courthouse ' STREET ADDRESS 1095 Homestead Road MAILING ADDRESS: 191 N. 1st Street CITY AND ZIP cooe. San Jose. CA 951 13 PHONE NUMBER, (408)556-3000 httgzllwwwscscougorgl OFFICE HOURS: MONDAY - FRIDAY a:ao AM - 3:00 PM PEOPLE 0F THE STATE OF CALIFORNIA VS DEFENDANT: JULIEN THOME PROMISE To APPEAR CASE "UMBER 7-1 6-TR-539869 August 4, 2017 JULIEN THOME 2449 WALNUT GROVE AVE SAN JOSE, CA 95128 CBS: $ 532.00 CBA: s 0.00 CBO: s 0.00 Deposit Name: JULIEN THOME VIOLATION(S): 1 VC-22350-l l hereby agree to appear at Santa Clara Courthouse 1095 Homestead Road, Santa Clara. CA 95050 on August 11, 201 7, at 3:00 PM in Department 58 for the following: Motions. If your case is scheduled for a night court hearing, a Temporary Judge will hear your case. The undersigned party acknowledges that he/she has been personally advised of the right to have his/her cause heard before a Commissioner of the Superior Court. With this understanding, he/she waives and gives up that right, and stipulates and agrees that a Temporary Judge who is an Attorney, a qualified member of the State Bar, shall serve as Tempo ry Judge, and may try this cause to the conclusion of all proceedings connected thereto. I hereby agreé nd stipulate to having a Temporary Judge hear my case. ‘ A M. Maes DefendantSi‘ ' re Legal Process Clerk If you are unab to appear and want to request a continuance, you must notify this office 10 court days prior to the scheduled court date. Failure to appear for the scheduled court date may result in the forfeiture of any bail you may have posted. your bail being increased, a $300 Civil Assessment being imposed pursuant to Penal Code Section 1214.1, a hold/suspension being placed on your driver's license pursuant to Vehicle Code Section 40509.5, and/or a warrant being issued for your arrest. Your failure to appear may be deemed your consent to Trial by Written Declaration (in absentia) pursuant to Vehicle Code Section 40903, thereby waiving your right to be present at trial, to testify and/or present evidence on your behalf. to be represented by an attorney. to confront and cross-examine the witnesses against you, and to use the subpoena power of the court to compel the attendance of witnesses on your behalf. Indicate case number on payment and/or any correspondence. Notify the court of any change in address. PROMISE TO APPEAR Superior Court o! Calnforma Page 1 of 1 County of Santa Clara TNooos [Revised 12-1 2] Q l D e f e n d a n t ' s a v a i l a b i l i t y f o r h e a r i n g d a t e a n d t r i a l d a t e i n A u g u s t 2 0 1 7 a n d S e p t e m b e r 2 0 1 7 . I A n g s t 2 0 1 7 S e p t e m b e r 2 0 1 7 S u M o T u W e T h F r S a S u M o T u W e T h F r S a 1 2 3 4 5 6 9 6 7 8 9 1 5 1 6 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 2 8 2 9 3 0 L e g e n d A v a i l a b l e O u t o f S t a t v T o w h o m i tm a y c o n c e r n : I w i l l n o t b e a v a i l a b l e o n b l a c k - c o l o r e d d a t e s - o u t o f s t a t e . W h i l e o u t o f s t a t e , | w i l l h a v e n o a c c e s s t o a n i n t e r n e t c o n n e c t i o n o r a t e l e p h o n e . P l e a s e s c h e d u l e a n y h e a r i n g d a t e o r a n y C o u r t d a t e a c c o r d i n g l y . I n c a s e o f a s c h e d u l e c o n fl i c t , p l e a s e c o n t a c t m e a t j u l i e n t h o m e @ a o l . c o m o r d i a l 9 1 7 2 7 0 7 4 5 2 t o r e a c h m y c e l l p h o n e . I w i l l h a v e n o a c c e s s t o a n i n t e r n e t c o n n e c t i o n o r a t e l e p h o n e a f t e r 8 / 1 8 / 1 7 . T h a n k y o u . Name: Julien Thomé Address: 2449 Walnut Grove Ave Son Jose, CA 95128 Telephone: 91 7-270-7452 Defendant in Pro Per SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Traffic Cour1 m N' W 3'”er Clerk of t Court San Jose, CA 95] 13 S o!Sama Clara Citing Agency: Sonia Clara Police Department BY PEPUTY Notice to Appear: E5123640 3 , p N . Date Issued: 08/03/201 6 Canny ,gngtcah People of the State of California vs. Julien Thomé Cose Number: PROOF OF SERVICE 745.153.5393” I. | om over l8 years of age 0nd not a pafly to this action. I om o resident of and employed in the county where the hand delivery took place. My residence address is: 2449 Walnut Grove Ave, Son Jose, CA 95128 2. On August 4‘“, 20] 7 I served the Santa Cloro Police Department wi’rh a Promise To Appear. 3. I served the Promise To Appear by physically bringing it to the Santa Clara Police Depofiment Administrative Building and leaving it with the front desk officer. o. Name of the entity served: Santa Clara Police Department b. Address of the entity served: 601 El Comino Real, Sonic Clara, CA 95050 I declare under penalty of perjury under fhe lows of the State of California that the foregoing is true 0nd correct. Date: August 4'“, 201 7 Eleanor Mosboum 4m M- ../ Page I of 1 ‘- SUI’tHIUH COURT OF CALIFORNIA, COUNTY 0F SANTA CLARA 3 ‘/ 210? / x A Santa Clara Courthouse ‘ ¢- w TRAFFIC DOCKET/ORDER 1095 Homestead Road, Santa Clara. CA 93050 Matting: 191 N. Ist Street. San Jose. CA 95-113 y C)L PEOPLE VS- moms, JULIEN osmzzon 03:00PM Department 53 CASE NO- 7-16-TR-539369 ADDRESS 2449MNUT GROVE AVE CITAT'ON 53123640 03:03:15 37 SAN Jose. CA 95123 VLN 2136333 DLN CAmes c COMMISSIONER / JUDGE Lisa Steingan OFFICER Alford. Tlmdhy’NSOQ Santa Clara PD CLiRK V.Laroza Am Tw N0 HE R'NG M..mns STATUS c535 582.00 COMMENT w , “gt . g; CHARGES 1 VC-22350nl o/C C80:$000NE ounf‘i‘r‘fififimfi‘fi / 1 AT DEPT- Defendant Present ot Present Z/Without Attorney D With / By Attorney E} With Interpreter SpanishNietnamese/Other (Please Specify) Interpreter Oath D On file D Administered Interpreter is D Certified D Non-CerflC ARRAIGNMENT E] Waived D Reporter Waived (/le H ?zfijkp 94g, [7 3g?” fls’fl DDefendant arraigned. Informed of the pending charge(s), and advised of the following rights. to e aid of counsel at all stages of the p(oc ngs; to Coun appointed counsel without funds; to speedy, public trial by Court or jury; to confront and cross-examine adverse witnesses; to all processes of the Court to subpoena; against self incrimination; tn dismissal if not tried within statutory time; and to verbatim record. Defendant advised of the effect of waiver of time for trial/sentence and to the provisions of sections 987.8 am 1016.5 of the Penal Code and of 40508b and 14607.8 of the Vehicle Code. D Not Guilty [j Arraignment D Plea D Proof Of D Volunteer Work E] MIP D Insurance D Drivers License D Change of Plea D Guilty___ D Pretrial Conference D Refer to P.D. D Bail Exonerated U Forthwith I] Forfeited D No Further Pro: D Nolo Contendre______ D Court Trial D Sentencing D Further Hearing D Forfeiture set aside D Bail reinstated D Time Waived D Time Not Waived D VC40508A reduced to infraction D Trial De Novo D Bail Apply D Balance Exonerated D CBO Auth D Time Waived for Sentencing D VC405088 reduced to infraction D Proceedings stayed D OR Revoked E] May Post & Forfeit D Waives rights D Arbuckle Waived D VC12500A reduced to infraction I3 B/W Ordered $_- D No cite release D Add VC4050F. D Stip to Judge Pro Tempore D No Stipulation D Amended D Proceed to Delinquency D Add VC4OSOBB D No Requests El Stipulate to Sentencing by Comm Motion to I] B/W set aside D Stayed D Recalled D Filed D Previous finding of Guilt/Conviction set aside D Motion granted/denied D Impose Civil Assessment D Vacate Civil Assessment TRIAL: D Trial in Absentia E] Trial by Declaration in Absentia D Officer present D Not present D Deputy District Attorney I . I 1 / El Witnesses sworn for People r7l/V l ' (I V 7 D Witnesses sworn for Defendant D Exhibits D Released in days D Submitted with Consent of Defendant D Defendant waives personal presence at time of pronouncement of judgment SeX Z/MD Found Guilty__-_ [Z] Found Not Guilty______ x Served Appeal Rights I] After Submission Commissianer D Violations DismissedL- U Case Dismissed D Lack of Prosecution D Interest of Justice D Violations corrected D VC41500 / PC 1385 / Traffic School Completed SENTENCE: D Imposition of sentence suspended for the probationary period. D Sentence Suspended CT D COURT PROBATION granted for a period of__ days/mos/yrs from this order. D Fees Waived CT D Probation revoked/terminated/modified/reinstated/extended to_____. D VOP Admitted/Denied D Sentence modified D Pay fine of CT D To Court/Today/DOR/Alliance D Stay-__ D Further Stay on Traffic SchooI/Fine to CT E] Payments granted/modified $___/ month, beginning ______ CT D-_ Hours volunteer work in lieu of fine D through SAP/Non Profit Organization D Last extensior VC40508ANC405088 D Committed for fine for one day for each $30/_._____ D Last Extension/Continuance susDend D Consecutive with D Concurrent to Efiygogssessmenfis) D Ct.__- E] Serve____ days/Hrs County Jail D PC 2900.5 Credit days/hrs Warrant (AWS) D Straight time/Weekend Work D Prebook at AM/PM prior Search Fee D To Commence at AM/PM D PC 1209 Fee Ordered/Waived SECA/COPA 7;; D and consecutive MO/TU/WE/TH/FR/SA/SU Conviction Fee D Referred to minor alcohoI/drug program D Do not drive w/o license and insurance EM Fine D Driving Privilege D Suspended / Restricted days/mos/yrs D May drive to/from/during work/schooi D Pursuant to VC13202.5 D Ordered to Driver Improvement Course D Re-referral U Must complete by D Delete Traffic School / volunteer work D All outstanding fines and services rendered fees commuted. Traffic School Fee Traffic School Ext Fee State Restitution Fine Night Court Civil Assessment Bad Check Fee Dismissal Fee Stay/Acct Receivable Fee D Minute order mailed to defendant @Gflmwwwwmmmwwmmmmmwmmw TOTAL Bail Bond Cost $_______ Pay Bail Bond Cost by Other A D Committed to custody of DOC until sentence is satisfied in full. D Remanded. Bail set at $___. bu D Ordered released. D Stay on jail sentence (see above) SEE BACK OF FORM FOR MORE INFORMATION DISTR!BUTION: BLACK-FILE COPY. GREEN-DOC / ACCOUNTING. BLUE~CALENDAR / D.E‘, PURPLE-AGENCY. BROWN-DEFENDANT " ' ' 5 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA 3““ S 3mm Clara Counthouae 2>qn _. TRAFFIC DOCKET/ORDER $0.15 Hom-astead Road. Santa Clara, CA L-LZUSU Mailing: 1:41 N. IetStreet.{-Jandose.i:i\ 96H3 " 3b PEOPLE VS. ‘I’HOME, JULIEN 09(03/2011 03:00PM Deparlment 53 CASE NO. 7-16-‘fR~€i39809 ADDRESS 2449WNUT GROVE AVE. CITATION E51230” 0&‘03I16 37 ?JAN JOSE, CA 95128 VLN 2186333 DLN CAF‘I‘H‘ISM C COMMISSIONER / JUDGE l,iaa Steingan OFFICER Alford. Timothwmsioa Santa Ciara PD CLERK Tfiales Am TW N0 HEARING (mutt Trial STATUS 083$ 582.00 COMMENT flBE‘a 1"de cr! wdiflBS if»??? CHM: mm 9 [ll CHARGES v vc: 223w cscm um W 1m ua a Hume \ NEXT ounT A&EAQRANCE DATE AT M DEPTvw fendant Present U Not Present Without Attorney D With / By Attorney D Wlth Interpreter SpanishNietnamese/Other (Please Specify) Interpreter Oath D On file D Admlnlstered Interpreter B El Certified [j Non-Certified I ARHAIGNMENT El Waived El Reporter Waived I DDefendam arraigned. lntormed ot the pendlng charg_e(s), and advlsed oi the tollowing fights, lo me aid 01 counsel at all stages of the proceedings; Io Court appointed counsel if without funds; lo speedy, ptblic trial by Court or Jury, to confront and crossexamine adverse witnesses; to all processes of the Cour! to subpoena; awinst self Incrlmlnauon; to dismisml if not tried within statutory time: and to vetbatlm record. Defendant advised of 1he etfect of walver oi tine for tn'al/sentenoe and to the provisions of sectlons 987.8 and 5 1016.5 ol the Penal Code and of 40508b and 14607.8 cf the Vehic‘e Code. ; D NotGuiny_____ E] Arraignment D Plea D Proof Of [:1 Volunteer Work D MIP E] Insurance D Drivers License r D Change of Plea D Gullty..__..___ E] Pretrial Conference D Refer to P.D. D Bail Exonerated D Forthwflh D Forfeited D No Further Proc g D Nolo Contendre___.___ D Court Trial l] Sentencing D Further Hearing D rteiture set ide D Bail reinstated , D T Waived El Tlme Not Waived D VC40508A reduqed to infraction D Trial De Novo Bail Apply {gimme Exonerated D CBO Auth . Ime Waived for Sentencing D VC405083 reduced to infraction D Proceedings stayed D OH Revoked E] May Post & Forfeit Q' D Waives rights D Arbuckle Waived D VC12500A reduced to infraction U B/W Ordered $- D No cite release D Add VC40508A U Stip to Judge Pro TempOte D No Stipulation D Amended __.____.___ El Proceed to Delinquency E] Add VC405083 D No Requests ' D Stlpulate to Sentencing by Comm E] Motion to D B/W set aside D Stayed D Recalled D Filed § E] Previous finding of Guifl/Conviction set aside D Motion granted/denied D Impose Civil Assessment El Vacate Civil Assessment - . . . .. ,bfno wxunTRIAL: D Tnal m Absentua D Trial by Declaration In Absentia QWNQk c gkmim’] Officer present D Not ore 5~ _.Ieput District'Attomey . Witnesses‘sworn for People O m , Witness swor f pefer nt i f$ Exhibns . ,. » ' » . , ' .. y eleased in days CM» (uh D Submmed w'th Cn em ?f Defendant E] Defendant waives personal presence at time of pronouncement of judgment Found Guilty D Found Not Gui y x Served Appeal RightsV “ m-m-w El After Submission L h n- \ ‘ r-b . Yer Curt MO 1/ka oi 93w‘mflkfihm ‘0 El Violations Dismissed9_-__ D Case Dismissed [II Lack of Prosecution D Interest of Justice D Violations corrected El VC41500 / PC 1385 / Traffic School Completed SENTENCE: D Imposition of sentence suspended for the probationary period. D Sentence Suspended CT D COURT PROBATION granted for a period of_ days/mos/yrs from this order. D Fees WalvedC_____ Cl Probation revoked erminated/ odlfled/reinstated/extended to _______ E] VOP Admitted/Denied D Sentence modified Pay fine of CT sjflL D To Coun/Today/DOR/Alliance D Stay__ D Further Stay on Traffic School/Fine to El Payments granted/modifled $_-/ month. beglnnlng- CT 3 D___ Hours volunteer work in lieu of fine D through SAP/Non Profit Organizatlon D Last extension VC40508NVC405083 - D Committed for fine for one day for each $30/._.__ U Last Extension/Confinuance SUSpgnd 33KBD Consecutive with U Concurrent lo Ban; gogssessmenfls) :'___m __ E] Serve.- days/Hrs County Jall U PC 2900.5 Credit days/hrs Warrant (AWS) $ D Straight timeNVeekend Work D Prebook at AM/FM pm, Search Fee s D To Commence at AM/PM D PC 1209 Fee Ordered/Waived sECNcopA 5 D and consecutive MO/TUNVE/FH/FR/SA/SU , Conviction Fee s. El Referred to minor alcohol/dmg program D Do not ddve w/o Ilcense and Insurance EM Fine s- D Drlving Privllege D Suspended / Restricted days/mos/yrs Traffic School Fee s D May drive to/from/durlng work/school E] Pursuant to VC13202.5 Traffic School Ext Fee D Ordered to Dn'ver Improvement Course D R re e | ‘ \_ ‘ ‘ State Restitution Fine 2- D Must completeby___-_ kw Efixfl‘h“5 V&XmM$ : Night Court $':: D Delete Traffic School / volunteer work v $qé Civil Assessment s D All outstanding fines and services rendered fees commuted. Cm Q‘s Bad Check Fee $ M Dlsmlssal Fee 3_____ Stay/Acct Receivable Fee $ mtg $ S00 D Minute order mailed to defendant _______.TOTAL sm: Ball‘s (r? ______..~ Pay Ban Bond Cost by_ Other U Committed to custody of DOC until sentence ls satisfied in full. D Remanded. Ball set at $ D Ordered released. D Stay on jall sentence (see above) SEE BACK OF FORM FOR MORE INFORMATION DISTRIBUTION: BLACK-FILE COPY, GHEEN-DOC / ACCOUNTING, BLUE-CALENDAR I D.E., PURPLE-AGENCY, BROWN-DEFENDANT Officer’s Exhibits 1-4 r jm mMm uj f. r. W W Rs. é . w . si n } z g r W m é é . e s am \&%fimfl§ fiWw g mnfiaa ax . befi im , , . 3 _ r . . _ g.. as fl at m- wa .mnfi ?flfiw,fiw‘g i a f ifia A. $ i » w in ; . . . , 3 % J i a é j Z fl . Ni \\ 5 % 3 2 5 2 : 8 . am \ C sx \ 8 § § m . \R . omo éoomm g fi3m q o fi zoo 5 0m . moo go fi mm. . , . . O DMO H wmo u fin fim ., W‘ §“ w E qu ez oo 5 15nmm mu oum m 2 : Em E ._ . Emma . . mmN Eo oomm .. m *1 uh; .uv WW 51°54; 'ILuau W»: ‘ M74» m." 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T 3 . ) . . , L E g ‘ % “ - v i 7 r “ ; a 5 2 " ' ~ ' w " = i " 9 " > r - C “ A I M ( W e l l s F a r g o s a n k ) E : ‘ 3 “ 5 ‘ r : 5 % ' 1 “ w w w m o w " F a n K e y s t o n e m . ‘ A b P o l k A w . - - : { E u ‘ E I ‘ ~ ‘ I x e s I e 9 y r V u s m D e : L a g o o ‘ T 9 “ fl m u m b u n m c u c n a ~ I I I A p a n m e n l s P c 3 _ 5 ) M a c y ' s o ‘ ‘ ‘ 2 ‘ 2 E ” J C w . ” A W L n N e Q H w ( . h p e s p m k n l - z l c i o r y « J r e » : ‘ f i - o G u i t a r C e n t e r 0 ! a E , E ; y 0 W i n c h e s w r e C h a s e B a n k m ( I ~ < o , p u m _ S h o p p n n g C e n t e r w 3 M‘ 4 m m s i e x - g n ; C r u r - k f i n d S i e m e n s C r e e k B l v d S t e v e n s C r e e k G M ! S t e v e n s C m p k B l v d 5 1 9 V W k ” 3 ' 4 1 “ S t e v e n s C r e e k E l m o ” ‘ - v b m m a : g . 1 e B e s ‘ B u 5 ' : n w w - . . o r » < 5 5 5 : ? 6 m m " & " o b “ A u d i S t e v e n s C r e e k Q g : 3 5 ‘ v : 3 : ; ‘ a V o ? E g 2 o S I e v e n s C r e e k ( : h t y s l e t q , = 3 ; ‘ 2 ‘ N o w ” D r q : g 9 a 5 ' g . 5 ‘ 3 a J e e p D o d g e R a m a : g ‘ ' ' 3 n g , 5 g g g ‘ E : ; ( - ‘ p h } _ m u I . m { g a z p E : fi I W a I m a n o E 7 m 4 . 1 m ” W a y a < 3 ] g a g h o o d M a t k m ‘ ; ~ - w H P m m c k A v e D I m " g T a t u m ' 0 : ~ 1 z : 0 H ' n . a n h m n G - ~ » . f m d y g o M e d u m m n e a n u , 0 o g e g g ‘ ' 3 . V ‘ g 6 3 < 7 ' A p a n m e m s g 3 ; ‘ 3 a ‘ . . . ; 1 ; 0 L " A m o m A v e O l m A v e g 4 " ” m m m m m e w B l v d 3 “ J u n m W a v E v : b 3 ? 3 2 ' ' fl ‘ K 3 M a p d a t a @ 2 0 1 7 G o o g l e U n i t e d S t a t e s 5 0 0 f t L . . . . . . . _ . . . _ . . . _ _ . I K e r W fl ; s e c m o w N a m u o w5 Notice of Appeal and Record on Appeal (Infraction) Instructions - This form is only for appealing in an infraction case, such as a case about a traffic ticket. You can get other forms for appealing in a civil or misdemeanor case at any courthouse or county law library or online at www. courts.ca.gov{forms. - Before you fill out this form, read Information on Appeal Proceduresfor Infractions (form CR-l4l-INFO) to know your rights and responsibilities. You can get form CR-l4l-INFO at any courthouse or county law library or online at www. courts. ca.gov/forms. - You must file this form no later than 30 days after the trial court issued the judgment or order you are appealing (see rule 8.902(b) ofthe California Rules of Court for very limited exceptions). If your notice of appeal is late, the court will not take your appeal. - Fill out this form and make a copy of the completed form for your records. - Take or mail the completed form to the clerk’s office for the same trial court that issued thejudgment or order you are appealing. It is a good idea to take or mail an extra copy to the clerk and ask the clerk to stamp it to show that the original has been filed. G) Your Information a. Name of Appellant (the party who is filing this appml): Name: Julien Thome Clerk stamps date here when form is filed FILEfl OCT 0 2 2017 Clerk of the Court B Gout! o9 s Clara 5y EPUTY You fiII in the name and street address of the court that issued the judgment or order you are appealing: Superior Court of Califomla. County of Santa Clara, Tmfiic Conn 191 N. lrst street, San Jose, CA 951 13 You fill in me number and name of the trial court wse in which you are appealing the judgment or order Trial Court Case Number: 7-16-TR-539869 V LthwA ES \l) 64o Trial Court Case Name: fm‘L o‘Hv. SM; C‘Cblx‘ws VI, 3v‘xw;NW MIMI: The dark will fill in the number below: Appellate Division Case Number: Street addressz 2449 Walnut Grove Ave San Jose CA 95128 Street City State Zip Mailing address (ifdifikrent): Street City State Zip Phone: 91 7-270-7452 E-mail: iulienthome@aol.com b. Appellant’s lawyer (skip this ifthe appellant isfilling out thisform): The lawyer filling out this form is (check (1) or (2)): (1) D was the appellant’s lawyer in the trial court (2) D is the appellant’s lawyer for this appml. Name: State Bar number: Street address: Street City State Zip Mailing address (ifdiflkrem): sneer City State Zip Phone: E-mail: Fax: Judu'dCou-dotcabmu www.maoov ReviaodmeLZMIOpfimdFonn Cd. RuestounJubth (Infraction) Notice of Appeal and Record on Appeal CR-142, Page 1 0H .9 21AP002732 Trial Court Case Number: 7-16~TR-539869 Trial Court Case Name: ® (continued) (l) D I have attached my proposed statement on appeal to this notice. (Ifyou are not represented by a lawyer in this appeal, you must use Proposed Statement on Appeal (Infraction) (form CR-143) to prepare and file this proposed statement. You can getfbrm CR-143 at any courthouse or county law library or online at www.courts.ca.gov/fonns.) (2)D I have NOT attached my proposed statement on appeal to this notice. I understand that I must serve and file this proposed statement in the trial court within 20 days ofthe date I file this notice and that if I do not file the proposed statement on time, the court may dismiss my appeal. OR b. E Transcript From Ofi'lcial Electronic Recording. This option is available only ifan oficial electronic recording was made ofwhat was said in the trial court. Check with the trial court to see {fan oficial electronic recording was made in your case before choosing this option. Some courts also have local rules that establish proceduresfor determining whether only a portion ofa transcript or a dxfikrentform ofthe record will be suflz‘cientfor an eflective appeal. Check with the trial court to see (fit has such a local rule. (Check and (1) or (2).): ( 1)E I will pay the trial court clerk’s office for this transcript myself. I understand that if I do not pay for this transcript, it will not be prepared and provided to the appellate division. (2)D I am asking that this transcript be provided at no cost to me because I cannot afford to pay this cost. I have completed and attached Defendant 's Financial Statement on Eligibiliwfor Appointment ofCounseI and Reimbursement and Record 0n Appeal at Public Expense (form MC-2 10). (You can getform MC-210 at any courthouse or county law library or online at www.courts.ca.gov/forms. 77w court will review thisform to decide ifyou are eligiblefor afiee transcript.) OR c. U Copy of Official Electronic Recording. This option is available only ifan oficial electronic recording was made ofwhat was said in the trial court, the court has a local rulefor the appellate division permitting the use ofthe oflicial electronic recording itselfas the record ofthe courtproceedings, andyou and the respondent (the prosecuting agency) have agreed (stipulated) thatyou want to use the recording itselfas the record ofwhat was said in your case. Check with the trial court to see {fan oflz‘cial electronic recording was made in your case before choosing this option. You must attach a copy ofyour agreement (stipulation) with the respondent to this notice. (Check and complete (1) 0r (2).): (l) D I will pay the trial court clerk’s office for this official electronic recording myself. I understand that if I do not pay for this recording, it will not be provided to the appellate division. (2) D I am asking that this official electronic recording be provided at no cost to me because I cannot afford to pa); this cost. I have completed and attached Defendant ’s Financial Statemenl on Eligibilityfor Appointment ofCounsel and Reimbursement and Record on Appeal at Public Expense (form MC-210). (You can getform MC-21 0 at any courthouse or county law library or online at www.courts.ca.gov/ forms. The court will review thisform to decide {fyou are eligiblefor afree copy ofthe oficial electronic recording.) “WWW“ Notice of Appeal and Record on Appeal CR4“ Paw“ (Infraction) 9 @ Trial Court Case Number: 7- l 6-TR-539869 Trial Court Case Name: ® Judgment or Order You Are Appealing I am/My client is appealing (check a, b, or c): a. E the final judgment ofconviction in the case (Pen. Code § l466(2)(A)). The tn'al court issued (rendered) this judgment on (fill in the date): 09/08/2017 b. D an order made by the trial court afierjudgment that affects an important (substantial) right ofmine/my client (Pen. Code § 1466(20(B)). The trial court issued (rendered) this order on (fill in the date): c. D Other(Describc the action you are appealing and indicate the date the trial court took the action): Your Choices About the Record on Appeal StipuIation for Limited Record D The respondent and I/my client have agreed (“stipulated”) under rule 8.910 that parts ofthe normal record on appeal are not required for proper determination of this appeal. A copy of our stipulation identifying those parts ofthe record that are not required is attached. At (he top ofeachpage write “CR-I 42, item 3. " Record of Oral Proceedings You do not have to provide the appellate division with a record ofwhat was said in the trial court (this is called a record ofthe “oralproceedings ”). But, ifyou do not, the appellate division will not be able to consider what was said during the trial court proceedings in deciding whether an error was made in those procaedings. ® I elect (choose)/My client elects to proceed (check a or b): a. U WITHOUT a record ofthe oral proceedings in the trial court (skip item©; sign and date thisform ). I understand that if I proceed without a record of the oral proceedings, the appellate division will not be able to consider what was said in the tn‘al court during those proceedings in deciding whether a legal error was made. (Write initials here): b. E WITH a record ofthe oral proceedings in the trial court (complete item@ below). I understand that if I elect (choose) to proceed WITH a record of the oral proceedings in the trial court, I have to choose the recordI want to use and take the actions described below to make sure this record is provided to the appellate division. I understand that if I do not take the actions described below and the appellate division does not receive this record, I am not likely to succeed in my appeal. (Write initials here): S T I want to use the following record ofwhat was said in the tn'al court proceedings in my case (check and complete only one-a, b, c, or d): a. D Statement on Appeal. A statement 0n appeal is a summary ofthe trial courtproceedings approved by the trial court. Seeform CR-14I-INFOfor information about preparing a proposed statement. (Check and complete (l) or (2).): MWWM‘JW Notice of Appeal and Record on Appeal CR-“z. P3962“ (Infracu’on) 6 Trial Court Case Number: 7-16-TR-539869 Trial Court Case Name: ® (continued) OR d. [j Reporter’s Transcript. 7711's option is available only ifrhere was a court reporter in the trial court who made a record ofwhat was said in court. Check with the trial court to see ifthere was a court reporter in your case before choosing this option. Some courts also have local rules that establish proceduresfor determining whether only a portion 0fthe reporter 's transcript or a diflerentform ofthe record will be suficientfor an eflective appeal. Check with the trial court to see ifit has such a local rule. (Check (I) or (2)): (l) D l will pay the trial court clerk’s office for this transcript myselfwhenI receive the court reporter’s estimate of the cost of the transcript. I understand that if I do not pay for this transcript, it will not be prepared and provided to the appellate division. (2) D Iam asking that this transcript be provided at no cost to me because I cannot afford to pay this cost. I have completed and attached Defendant ’s Financial Statement on Eligibilityfor Appointment ofCounseI and Reimbursement and Record on Appeal at Public Expense (form MC-210). (You can getform MC-210 at any courthouse or county law library or online at www.courts.ca.gov/fonns. The court will review thisform to decide ifyou are eligiblefor afree reporter ’s transcript.) Date: 09/29/20 1 7 Julien Thome ’ J [\ hfType or printyour name Signature ofapp" Wr attorney RWJm‘-’°” Notice of Appeal and Record on Appeal °R'1‘2- “9““ (Infraction) 2l ” r19511 3 n W W W “ W6 5 9 / ’ U S - f ) V ) : K - v L ' t m . B R E I a h m m u m u n U H H U Q g M g 2 3 0 5 1 2 4 6 0 5 4 ) m \ m u m \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m 4 J 7 ; ) 1 u n l - : " I u - " l ' l u m u l l l w u ' t ' w w - u u w - w - H u r ? S fi fi e i v m w s s { H m w ” 3 % m g J o ] 0 3 1 6 ‘ 1 1 8 ? , a o 1 3 9 [ F M S M L N m 0 ‘ 7 0 Z l o j y 4 m T I M “ m p w a s l oM 7 ” 1 J 7 , w l r h J Q } M M " ) " ) ) ° ’ 1 W ‘ ° ) ” 3 0 2 , 2 3 1 8 “ m m “ . C A ” 0 5 ’ ? U Q H L “ 7 W . ” SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA Downtown Courthouse 191 North First Street San José, CA 951 13 (408) 882-2100 ITEM REQUESTED Copy of Electronic Recording (A $10.00 fee per recording is required. Not ' available for small claims cases) Court Reporter‘s Transcript Copy of Reporter’s Transcript Already on File This case is on appeal |||\| REQUESTOR INFORMATION Requestor’s Name: PAOLA SOTO Today's Date: 10/4/17 Requestor’s Agency/Law Firm. SANTA CLARA TRAFFIC COURTHOUSE Requestor’s Address: 1995 HQMESTEAD RD SAN lA QLABA QA 95959 Phone: (408) 556-3000 Alt. Phone: Fax:_______ E-mail Address: PSOTO@SCSCOURT.ORG RECORDING/TRANSCRIPT INFORMATION Court Reporter’s Name*: Case Name: PEOPLE vs. JULIEN THOME Case Number: 716TR539869 Hearing Date of Proceeding: 9/8/17 Time: A.M. 3:00 P.M. Type of Proceeding: COURT TRIAL Judge’s Name: LISA STEINGART Department Number: 58 *NOTE: The use of electronic recording equipment in Small Claims cases is for the internal personnel purpose of monitoring judicial officer performance. An electronic recording of small claims hearings shall not be made publicly available. (Government Code 69957(b)) Please complete this form and fax or mail to: SANDRA ALCALA, Deputy Court Manager Court Reporter Coordinator 191 North First Street San José, CA 951 1 3 Phone: (408) 882-251 5 Fax: (408) 882-2595 AD-1008 REV 11/10/10 21AP002732 : SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA “U S Santa Ceara Cvrufihwse 3% TRAFFIC DOCKET/ORDER 109-3 chesteadi‘oad, SantaCmraCf- 135 Mama; 13 1 t. mama: San Jose CA 3:!‘3 L‘sb PEOPLE VS. THOME. JULIEN 09/080017 03:00PM Depaflmenf 53 CASE NO. 7- 16- TR-539:.‘69 ADDRESS 2449 VWNUT GROVE AVE CITATION ESI23640 08!03!16 37 SAN JOSE, CA 95128 VLN 2186333 DLN CAF'H ”835 C COMMISS|0NER / JUDGE Lisa Steingart OFFICER Alford. TumothAISOQ Santa Ciara PD CLERK T.Ga!es ATTY TW N0 HEARING Court Trial STATUS CBS “V ’58 ‘ .00 COMMENT 08:317dm; crc ord E. .=: ‘7 CBA s 0 00 9 or CHARGES 2 c-22..2:2 c r c:so ¢ o 00 // L;.‘.juaga f‘...... NEXT ounT APPEARANCE DATE AT M DEPT-fl efendant Present D Not Present ?Without Attorney D With / By Attorney D With Interpreter SpanishNietnamese/Other (Please Specify) Interpreter Oath D On file D Administered Interpreter is E] Certified D Non-Certified ARRAIGNMENT D Waived D Heponer Waived DDefendant arraigned. Informed of the pending charge(s), and advised of the following rights, to the aid of counsel at all stages of the proceedings; to Court appointed counsel i' without funds; to speedy, public trial by Coun or jury; to controm and cross-examine adverse witnesses; to all processes of the Coun to subpoena; against self incrimination; (c dismissal if not tried within statutory time; and to verbatim record. Defendant advised of the effect of waiver of time for trial/sentence and to the provisions of sections 987.8 anc 1016.5 of the Penal Code and of 40508b and 14607.8 of the Vehicle Code. [Z] Not Guilty D Arraignment D Plea D Proof 0f D Volunteer Work D MIP D Insurance D Drivers License D Change of Plea D Guilty_____ D Pretrial Conference D Refer to P.D. D Bail Exonerated D Fonhwith D Forfeited D No Further Proc U Nolo Contendre________ D Court Trial D Sentencing D Further Hearing D F rfeiture set ide D Bail reinstated D T' e Waived D Time Not Waived D VC40508A reduced to infraction D Trial De Novo fin Apply Balance Exonerated D CBO Auth ime Waived for Sentencing D VC405088 reducéd to infraction D Proceedings stayed D OR Revoked D May Post & Forfeit D Waives rights D Arbuckle Waived D VC12500A reduced to infraction D B/W Ordered $___ D No cite release D Add VC40508 D Stfp to Judge Pro Tempore D No Stipulation D Amended______ D Proceed to Delinquency D Add VC405088 D No Requests I3 Stipulate to Sentencing by Comm D Motion to________ El B/W set aside D Stayed D Recalled D Filed D Previous finding of Guilt/Conviction set aside D Motion granted/denied E] Impose Civil Assessment D Vacate Civil Assessment . - - ' \“LinTRIAL. D Tnal In Absentla D Trial by Declaration in Absentia Qu&¥5¥‘¥uégx,c”“évuweb' Officer present D Not pre .-~ Iepu District Attorney . Witnesses sworn for People C 1 V ‘ 3 ”anKmM'MM‘h‘ Witness ZExhibits 7 D eleased in D Submitted with Con nt 1f Defendant D Defendant waives personaf presence at time of pronouncement of judgment ES mi days Cid» (Kl D Found Not GuiVFound Guilty A w, x Served Appeal Rights- $“F fl]. DAfter Submission n . 9‘ A 3 _ --r awn Yer (Lurk - ,kJO Vmok $902.99 Shown Aver “Wm \CT D Violations DismissedL- D Case Dismissed D Lack of Prosecution D Interest of Justice El Violations corrected D VC41500 / PC 1385 / Traffic School Completed SENTENCE: D Imposition of sentence suspended for the probationary period. U Sentence Suspended CT D COURT PROBATION granted for a period of___ days/mos/yrs from this order. D Fees Waived CT D Probation revoked terminated/modified/reinstated/extended to _.______. D VOP Admitted/Denied D Sentence modified Pay fine of CT $ D To Court/Today/DOR/Alliance D Stay_____ D Further Stay on Traffic School/Fine to CT $ ____.__ D Payments granted/rnodified $ ______/ month, beginning ______ CT $ D _____ Hours volunteer work in lieu of fine D thr0ugh SAP/Non Profit Organization D Last extensio: VC40508ANC405083 s D Committed for fine for one day for each $30/_____ D Last Extension/Continuance SUSPend $:30; D Consecutive with D Concurrent togfislzogssessmenus) 2 ' D Ct. __.__ D Serve ______ days/Hrs County Jail D PC 2900.5 Credit days/hrs Warrant (AWS) s -_ D Straight timeNVeekend Work D Prebook at AM/PM pn-o, search Fee s E] To Commence at AM/PM D PC 1209 Fee OrderedNVaived SECA/CQPA $ D and consecutive MO/TU/WE/TH/FR/SA/SU Conviction Fee $. D Referred to minor alcohoI/drug program El Do not drive w/o license and insurance EM Fine $- D Driving Privilege D Suspended / Restricted days/mos/yrs Traffic School Fee $ D May drive to/from/during work/school D Pursuant to VC13202.5 Traffic school Ext Fee U Ordered to Driver Improvement Course U R -refe ra! .. ’ ~ State Restitution Fine g D Must complete by_______ \\ Eflh‘bds‘ Vfi’fi" “95 Night Com so I D Delete Traffic School / volunteer work Qo‘r‘ $qé . Civil Assessment $ D All outstanding fines and services rendered fees commuted. . W Bad Check Fee s______ Che 3:95 Dismissal Fee $-_._ . Stay/Acct Receivable Fee $ "" mg $ 500 D Minute order mailed to defendantTOTAL E Banged o t ________ Pay Ban Bond Cost by_______ Other A D Committed to custody of DOC until sentence is satisfied in full. D Remanded. Bail set at $___ qD Ordered released. D Stay on jail sentence (see above) - Q SEE BACK OF FORM FOR MORE INFORMATION msmmlmowr BLACKFII F COPY, GREEN-DOC / ACCOUNTING. BLUE-CALENDAR / DE” PURPLE-AGENCY. BROWN-DEFENDANT (ENDMORSED) NAME OF SUPERIOR COURT AND ADDRESS SANTA CLARA TRAFFIC FACILITY 0R UR'BSE Y‘ 1095 Homestead Rd. Mailing: 191 N. First Street OCT 0 4 2017 ‘ Santa Clara, CA 95050 San Jose, CA 951 I3 Cl k f m CTITLE 0F CASE(ABBREVIATED) er o e ourt . superior Conn PEOPLE vs. Juhen Theme By Ww‘fimy-_--“------- NAME, ADDRESS, AND TELEPHONE NUMBER OFVSBNDER CASE NUMBER Santa Clara County Superior Court Traffic Facility 1095 Homestead Rd. Santa Clara, CA 95050 408-556-3000 7-16-TR-539869 NOTICE OF FILING OF NOTICE OF APPEAL TO: Julien Thome SANTA CLARA COUNTY DISTRICT ATTORNEY PLEASE TAKE NOTICE THAT A NOTICE OF APPEAL FROM THE Judgment entered on 08/1 1/2017 by Commissioner Lisa Steingart in the above entitled action was filed in my office on 10/02/2017 Rebecca Fleming DATED: 10/04/201 7 Chief Executive Officer/Clerk of the Court By P. Soto Legal Process Clerk III r 1 l- ‘I Julien Thome Santa Clara Co. District Attomey’s Office 2449 Walnut Grove Ave San Jose, CA 95128 7o w. Hedding Street, 6‘“ Fl San Jose, California 951 10 21AP002732 PEOPLE v. DEFENDANT (Name): CASE NUMBER: Julicn Thome 7-16-TR-539869 CLERK’S CERTIFICATE 0F MAILING 1. I am not a party to this action. 2. I caused the Trqflic Docket/Order to be sewed by enclosing a c0py in an envelope addressed as shown below and caused The envelope to be deposited with the United States Postal Service with first-class postage fully prepaid At: Santa Clara, California On: 10/04/2017 3. I certify that the foregoing is true and correct. Date: October 4, 2017 by P. M - l Process Clerk III Julien Thome Office of the District Attorney 2449 Walnut Grove Ave 70 W. Hedding Street, 6‘“ Floor San Jose, CA 95128 San Jose, Cahfomxa 951 10 CLERK’S CERTIFICATE OF MAILING (Notice of Filing ofNotice oprpeaI) $\p 21AP002732 Order Concerning Appellant's Proposed Statement on Appeal (Infraction) CR-1 44 The court has received and reviewed the Proposed Statement on Appeal (form CR-143) filed by the appellant on (fill in date): 10/2/17 ® The court makes the following order: a. D The court certifies that parts® through. of the statement as proposed by the appellant are an accurate summary of the testimony and other evidence that is relevant to the issues that the appellant indicated in item® are the reasons for this appeal. This statement is ready to be sent to the appellate division. b. D Corrections are needed in order for parts ® through of the statement proposed by the appellant to be an accurate summary of the testimony and other evidence that is relevant to the issues the appellant indicated in item© are the reasons for this appeal. (1) U A modified statement is attached to this order. This modified statement must be sent t0 the parties. (2) D The appellant is ordered to prepare a statement incorporating the modifications listed below and to serve and file this modified statement. (a) (b) (C) Clerk stamps date here when form is filed. ML: JUN G 9 2321 ‘ Court u m BY INT Clerk fills in the name and street address o! (he court: Superior Court of California, County of Clerk fills in the number and name of the case: Trial Court Case Number: 7 1 6TR539869 Trial Court Case Name: The People of the State of California V- Julien Thome Clerk fills in the number below: Appellate Dlvlslon Case Number: (3) D More corrections than could be listed above were needed in order for parts@ through of the statement proposed by the appellant to be an accurate summary is relevant to the issues appellant indicated in item of the testimony and other evidence that are the reasons for this appeal. A list of the required modifications is attached. The appellant is ordered to prepare a statement incorporating those modifications and to serve and file this modified statement. Judaial Council ol Calilomia. www‘oouns.ca.gov Revised March 1. 2014, Optional Form Cal. Rules 01 Court. rule 8.916(d) (Infraction) Order Concerning Appellant's Proposed Statement on Appeal CR-144, Page 1 of 2 $1 21AP002732 ' Trial Court Case Number: Trial Court Case Name: Jullen Thome 7 16TR539869 c. D The proposed statement does not contain the following material required by rule 8.916: The appellant is ordered to prepare a new proposal statement that includes this material. d- D The trial court proceedings in this case were reported by a court reporter or officially recorded electronically under Government Code section 69957. Instead of correcting this statement, the court orders under rule 8.916(d)(6)(B) that a transcript be prepared as the record of these proceedings. (Check the court 's local rules to make sure the court has adopted a rule providing that this option is available.) 3- D This superior court has a local rule for the appellate division authorizing the use of an official electronic recording as the record of the oral proceedings. The trial coun proceedings in this case were officially electronically recorded. Instead of correcting this statement, the court orders that a copy of that electronic recording be prepared as the record of these proceedings at the court’s expense. The Court adopts the Reporter’s Transcript of the Proceedings as the settled statement. A copy of the transcript is attached hereto as Exhibit "A' and is incorporated herein as though fully set forth by reference. Date: (I /¥/L( courtjudicial ofii r Revised March 1. 201‘ Order Concerning Appellant's CR-144, Page 2 of 2 Proposed Statement on Appeal (Intraction) fl 21AP002732 10 ll 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 ORIGINAL IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA BEFORE THE HONORABLE LISA STEINGART )Case No.: 716TR539869 THE PEOPLE OF THE STATE OF CALIFORNIA,) )TRANSCRIPT OF THE PLAINTIFF, COURT TRIAL) ) VS. ) JULIEN THOME, i ) ) DEFENDANT. FIL E 0CT132017 Ctem &wmr 3v ' the Gout SEPTEMBER 8, 2017 A P P E A R A N C E S FOR THE PEOPLE: OFFICER SCOTT WILSON SANTA CLARA P.D. OFFICER TIMOTHY ALFORD SANTA CLARA P.D. FOR THE DEFENDANT: JULIEN THOME IN PRO PER UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979~5009 - l 21AP002732 10 ll 12 l3 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 THE COURT: From pick up calendar then number five, Mr. Thome and the officers, step up. You're here for the trial on the PD violation and you did file a motion to compel, but I didn't see any proof of service filed [unintelligible}. MR. JULIEN THOME: It was filed with this court on August 4th. THE COURT: You have a copy of it? MR. THOME: I do. THE COURT: Can you hand it to the clerk? And this says that it's a proof of service for a promise to appear. It's not what I'm looking for. I‘m looking for a proof of service for the motion to compel. MR. THOME: I have the document from the post office. THE COURT: That's not a proof of service - - MR. THOME: It says - - THE COURT: -- for the purposes of these kinds of hearings MR. THOME: Well, if we look in the records of the court you will find the proof of service for the motion to compel. THE COURT: I looked through all the records of the court, sir, and that's why I'm asking. If I found it, I wouldn't ask you for it. I did not find any at all. UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 -2 10 ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 That's why I'm bringing it up. MR. THOME: Well, the clerk, when I spoke with him and asked what needed to be filed - - . THE COURT: The clerk is not permitted to give you advice. MR. THOME: But who does then? Who does? THE COURT: Okay. Well, that‘s a different issue. MR. THOME: Who does? They hand the forms. They receive them. THE COURT: I'm going to have to - - MR. THOME: If no one in the court knows, who does? THE COURT: I'm going to have to determine that there's been no proof of service filed for the motion to compel. Madam clerk, if you could note that for the record. MR. THOME: I have a -- THE COURT: It was filed on - - MR. THOME: I have a document - - THE COURT: -- August the lst, 2017. So there's no proof of service. MR. THOME: I have another document that's in the record. THE COURT: Sir, we both cannot speak at the same time. So I'm not going to be able to address your motion to compel beyond that. MR. THOME: What about the discovery request? THE COURT: Sir - - UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 10 ll l2 l3 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 MR. THOME: I have a document from the CPD - - THE COURT: Sir - - MR. THOME: -- that says that for the information that I requested - - THE COURT: -- I explained this to you - - MR. THOME: -~ Officer Alford and Wilson suggested that I file a second discovery request, which I did. THE COURT: Sir - - MR. THOME: And they received it. They received two discovery requests. THE COURT: Sir, you need to listen. MR. THOME: But it sounds like you're just ignoring that. THE COURT: Yes, I am, because if you don't get satisfied, if you're not satisfied with the response for your request for discovery, the next step is to file a motion to compel. MR. THOME: I'm aware of that. I'm painfully aware of that. THE COURT: And since you didn't file your proof of service for it, there’s nothing I can do about it. I can’t - - MR. THOME: But the discovery requests were filed the right way and I have everything to prove it. THE COURT: Discovery requests are irrelevant because you have haven't filed a motion to compel. And the bottom line is - - UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 lO ll 12 13 l4 15 l6 l7 18 19 20 21 22 23 24 25 26 27 28 MR. THOME: Shouldn‘t the motion to compel come after the discovery request? They're not irrelevant. They are relevant. THE COURT: You didn't file the proof of service for the motion to compel, so I'm not going to be able to address your motion beyond what I've already stated. Practically speaking, I've looked ~ - MR. THOME: [Interposing] Every step along the way you've chose to see what will make me guilty. The argument, the points that will help me as a defendant, you chose to beyond, I'm not getting a fair trial. I'm getting a formality trial. THE COURT: There are certain formalities that I'm required to follow. I have no choice. That's the law, sir. MR. THOME: That's right, you have no choice. THE COURT: So I'll ask the officer, we'll just proceed with the trial, the speeding violation. Which officer is going to testify first? Can you raise your right hand, Officer, to be sworn? CLERK: Do you solemnly state under penalty of perjury the testimony you give in this matter will be the truth, the whole truth and nothing but the truth? OFFICER SCOTT WILSON: I do. THE COURT: And can you state your name? OFFICER WILSON: Officer Scott Wilson. THE COURT: And go ahead. UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 5 10 ll l2 13 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 OFFICER WILSON: Good afternoon. Officer Scott Wilson with the Santa Clara Police Department. On August 6th, I'm sorry, August 3rd, 2016, at about 12:35 in the afternoon, I was on duty in uniform, operating a marked police motorcycle in the City and County of Santa Clara. I was with other traffic officers also on their motorcycles. We were all collectively working the area of Prim Ridge Avenue near Cyprus. We had received speeding complaints from the citizens and residents in that area and we were there to address the speeding complaints. At about the time I mentioned, I had stopped a vehicle unrelated to this case and I was positioned just west of the intersection of Prim Ridge and Cyprus along the north curb line. There I had a pickup truck stopped and I had contacted the driver already and I was standing to rear of that vehicle beside my police motorcycle and I was writing a ticket. At that time I observed the defendant's vehicle traveling in the eastbound number one land of Prim Ridge at an extremely high rate of speed. I Visually estimated the speed to be, referring to my notes, 7O miles per hour. I then put down my ticket writer and picked up my LIDAR off the motorcycle. I cited in the rear of that vehicle which was a burgundy colored scooter, I cited the rear of the vehicle on my LIDAR with a speed reading of 7O miles per hour at a distance of 508.1 feet. UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 6 10 ll l2 13 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 Seeing as I was already off my motorcycle dealing with another motorist, I radioed to the other officers in the area that I had seen the speeding scooter with a rider wearing a red, I'm sorry, orange vest and that I had a LIDAR reading of 7O on him and at that point I left it to the other officers to attempt to stop that driver. Your Honor, I have my certificates I'd like to enter into evidencé. I have completed the post certified radar operator's course of eight hours and the post certified LIDAR operator‘s course; let me repeat that in case I misspoke; post certified radar operator's course of 3O hours, and a post certified LIDAR operator's course of eight hours, both of which included instruction and testing of Visual estimation of speed, and I was certified plus or minus five miles per hour to visually estimate the speed. Additionally, as I began that shift as I do each shift, I examined my LIDAR device and saw that it was free from damage, powered it on and it conducted an internal test, which it passed. The device was functioning properly. I conducted a side alignment test and a distance test, all of which had passed. The device was calibrated by independent testing facility on August 27th, 2015, which was within the three years. I have all these certificates I'd like to introduce. THE COURT: Okay. How many are there. OFFICER WILSON: Three. UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 -7 10 ll l2 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 27 28 THE COURT: Okay. You can show those to Mr. Thome and then pass them forward. OFFICER WILSON: Yes [unintelligible]. THE COURT: We‘ll mark those Exhibit 1, 2 and 3. Is there anything further? OFFICER WILSON: Yes, Your Honor. After radioing to the other officers, I heard back on the radio that Officer Alford had stopped the Speeder and he provided that location. When I finished dealing with my prior car stop, I responded to that location. I verified it was, indeed, the same vehicle and the rider had the same clothing, that I believed it was that same person that had sped by at 70. I had a chance to speak with him and explained to him that he was very fortunate that he wasn't being arrested for reckless driving that day. Prim Ridge Avenue is all residential in this area. Both the north side and south side of the street are all residential single family homes, each with their own driveway, many cross streets in the area, many pedestrians walking around their homes. 7O miles per hour was extremely unsafe in this situation and we had heavily considered writing a reckless driving charge, but based on the defendant's demeanor and his apologetic behavior, we decided to give him a break that day and wrote him only for the speeding charge. I will add that while I was on my car stop, I had a body worn camera which was activated and on that camera UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 8 10 ll l2 13 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 you can hear other traffic driving by and you can also hear the defendant's vehicle pass by and the speed difference in those audio recordings is very significant. There is video on them. However, the vehicle was blocked by my ticket writer and by the LIDAR as I held it up. I'd like to submit that into evidence. Is that something we could play, Your Honor? THE COURT: If it's just the sound, I don't know that it's going to be very useful. OFFICER WILSON: Okay. THE COURT: I'm just going to take a moment to look at the marked exhibits. OFFICER WILSON: Sorry to interrupt, Your Honor, I also need to submit the radar survey into evidence. THE COURT: Just one moment. MR. THOME: What's a radar survey? THE COURT: Sir, just wait a moment. MR. THOME: I never heard of a radar survey. THE COURT: All right, for the record, Exhibit l is the completion of radar operator course. Exhibit 2 is [unintelligible] a completion of post certified LADAR or LIDAR operating course. Exhibit 3 is certificate of accuracy for LIDAR unit, serial number TS 007026. And you want to submit another document, Officer? OFFICER WILSON: Yes, Your Honor. It's the engineering and traffic survey for this section of Prim Ridge. It specifies the posted speed limit is 35 and the UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 9 lO ll 12 13 l4 l5 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 [unintelligible} is 39. I'll hand it to the defendant. THE COURT: Thank you. We'll mark that Exhibit 4. I'm just going to take a look at document marked Exhibit 4. All right, anything further, Officer? OFFICER WILSON: No, Your Honor. THE COURT: And, Mr. Thome, if you have any questions you'd like to ask the officer about what he stated today and also about the documents, you can go ahead and ask and then the officer will answer. MR. THOME: What color did you say the scooter was? OFFICER WILSON: Burgundy. MR. THOME: It was burgundy. What was the license plate? OFFICER WILSON: I couldn't read it. MR. THOME: You couldn't read it. But it was a burgundy scooter is what you remember? THE COURT: I'm sorry, what did you say? Step up to the microphone. MR. THOME: It was a burgundy scooter. That was the color of it is what Officer Wilson is saying. THE COURT: That's what the officer is saying. MR. THOME: Is that correct? THE COURT: Yep, he already answered that. Do you have another question? MR. THOME: Yes, I do. What was you position again on the day of the citation? You were issuing another ticket. Where were you again, you said? UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - lO 10 ll 12 13 l4 15 l6 l7 18 19 20 2l 22 23 24 25 26 27 28 OFFICER WILSON: As I stated before, I was on Prim Ridge, west of Cyprus against the north curb lane. MR. THQME: And you were able to get a look at 500 feet in? I don't remember the exact number. What was it again? THE COURT: Sir, can you not speak so close to the microphone. I can't understand what you're saying. Can you repeat that? Sir, don't speak so close. Just stand up [unintelligible]. MR. THOME: What speed were you able to get a read on on my vehicle? OFFICER WILSON: As I stated before, 7O miles per hour. MR. THOME: 7O miles per hour. And you said the distance was how far? OFFICER WILSON: Your Honor, all these questions were previously answered. MR. THOME: 500 and I didn't fully hear you. English is not my first language. I would appreciate it if you could repeat. 500 and how many feet? OFFICER WILSON: 508 . l feet . MR. THOME: Okay. Did you lose sight of my vehicle at some point? OFFICER WILSON: Yes . MR. THOME: At what point? OFFICER WILSON: After you left the area. MR. THOME: And I left the area at what UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - ll 10 ll 12 l3 l4 15 16 l7 l8 19 20 21 22 23 24 25 26 27 28 UBIQUS REPORTING, intersection, do you remember? OFFICER WILSON: No. MR. THOME: Do you remember what lane I was in? OFFICER WILSON: No. MR. THOME: No? You said my jacket was orange? OFFICER WILSON: No, I said the rider was wearing an orange vest. MR. THOME: I was wearing an orange vest, okay. These are all the questions I have for Officer Wilson. I have questions for Officer Alford. THE COURT: And I still have a question for you, Officer. Do you have an opinion regarding what is a speed list for the conditions at the time? OFFICER WILSON: Yes, Your Honor. 35 miles per hour based on many of the factors I already mentioned, plus the bicycle lanes in the area. MR. THOME: Is there any reason why the CD you presented to the Court today, I requested for two discovery requests; it was never sent to me. THE COURT: Sir, you can't just - - MR. THOME: Is there a reason - - THE COURT: --ask the other questions of the officer. Do you have a question to ask him about what he just stated about the safe speed being 35? MR. THOME: Well, he just presented information that I've been seeking for two months. I mean, why it comes up today? - l2 INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 10 ll 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 THE COURT: We're not going to address discovery any further. MR. THOME: Well, that's part of the evidence. I requested it. THE COURT: Do you have any questions to ask him about what he added about the safe speed? MR. THOME: I requested it with the necessary form. THE COURT: All right, I'll take that as a no. [Unintelligible]. The other officer, can you raise your right hand to be sworn? CLERK: Do you solemnly state under penalty of perjury that the testimony you give in this matter will be the truth, the whole truth and nothing but the truth? OFFICER TIMOTHY ALFORD: I do. THE COURT: And can you state your name? OFFICER ALFORD: Officer Tim Alford, Santa Clara Police Department, Your Honor. THE COURT: Thank you. Go ahead. OFFICER ALFORD: Good afternoon, Your Honor. Officer Alford [unintelligible], currently assigned to traffic enforcement unit on 8/3/16, the same time, approximately 12:35 or just before that. As the officer previously stated, we were working traffic enforcement for speed, LIDAR speed enforcement, pursuant to the Chief's office. MR. THOME: Objection. He's supposed to speak from independent recollection, no reading. UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - l3 10 ll 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 THE COURT: I'm sorry, can you, like I said, can you not bend down? MR. THOME: He's supposed to speak from independent recollection. He's now allowed to read [unintelligible]. THE COURT: Are you looking at some document? OFFICER ALFORD: I'm not reading, Your Honor. I was just looking down at my [unintelligible]. THE COURT: All right. Go ahead then. OFFICER ALFORD: Okay. Anyway, at that time that I had specified and the date, I was working LIDAR speed enforcement. I was about 700 feet east of Cyprus and Prim Ridge on the south curb line of Prim Ridge. I was monitoring eastbound traffic. Officer Wilson had just left the area to make a car stop. Sergeant Kira was with me standing on the sidewalk. I was monitoring traffic, observed the defendant riding a maroon colored scooter, wearing a traffic safety type vest in my direction in the number one lane at a high rate of speed. I visually estimated the speed at the time that I saw him for about maybe two seconds, which is a couple hundred feet at 7O miles per hour. I attempted to get a lock, I was standing and I attended to get a lock with m LIDAR, but because of the speed and the size of the vehicle and the lack of, I guess, reflection, I could not obtain a lock with my LIDAR. However, I did feel comfortable enough to stop the subject for the speeding at the time, so I quickly got on my motorcycle and in the UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - l4 lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 27 28 time that I'm getting on my motorcycle and starting it up, he passed me and slowed to make a left turn onto Crestview, which is, I know a couple, 300 plus feet east of [unintelligible]. So I rode my motorcycle down to Crestview and by the time I got to Crestview, I looked down at the end of Crestview at the intersection with Delores Avenue and saw him make a right at Delores on Winchester. So at that point I had a feeling he was going to go to Winchester, so I went to Westchester straight off Prim Ridge in order to make sure he didn‘t double back and turn right on Winchester and then we miss it. So I went down to Winchester and made a left, picked him up again on Winchester, north of Delores, and made a stop as he pulled onto, I think it's [unintelligible] - - MR. THOME: [Unintelligible]. OFFICER ALFORD: If I can refer to my notes then, Your Honor. THE COURT: Yeah, go ahead. OFFICER ALFORD: Wallenberg, yes, that's what he said, right, Wallenberg Avenue, which is in the City of San Jose. I asked him if he knew how fast he was going, and he said no. I told him my partner, who was on his way there, got him on the LIDAR at 70, and I told him that was quite fast for a 35 mile per hour Speed limit. And he asked if the speed limit was 35 miles per hour. He said it like this, 35 is the limit, in a question. I UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 15 10 ll l2 13 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 told him, yes. We had some small talk about, I was just asking him about previous arrests and things like that [unintelligible] this case. Then defendant, while I picked up my ticket writing machine, just starting to write a citation and waiting for Officer Wilson, defendant spontaneously said, the reason I was speeding was because the dog was barking and he stated that the neighbors had called to say the dog was barking. Officer Wilson then showed up and then he already explained what had happened. And, Your Honor, I already said was 700 feet. Oh, I wanted to add my training which is that I post certified both LIDAR and radar with approximately 3O hours of speed observation from that course and I was tested and certified as a Visual speed estimator plus a LIDAR [unintelligible], coupled with the fact that I've been traffic enforcement officer for over four and half years and I've been estimating speeds and confirming with my LIDAR for that time period. I [unintelligible] at the scene. He signed the citation in my presence and was released with that citation. THE COURT: All right, thank you. Any questions you'd like to ask the other officer about what he stated today? MR. THOME: Yes. I'd like to understand since they're both LIDAR licensed operator, why Officer Alford UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 16 10 ll 12 13 l4 l5 l6 l7 l8 l9 20 21 22 23 24 25 26 27 28 UBIQUS REPORTING, was not able to a lock in his LIDAR and Officer Wilson. OFFICER ALFORD: As I explained before, Your Honor, when I saw him, I attempted to get a lock, but sometimes on smaller vehicles, we're not able to. It could be because he didn't have a reflective license plate on the front and did on the back. I'm not sure exactly why, but sometimes I'm not able to get a lock and most of the time it's on smaller vehicles and especially when I don't have a lot of time to do it. MR. THOME: And what was the color of that scooter again? OFFICER ALFORD: I call it maroon. MR. THOME: It was maroon, burgundy, maroon, about the same color, okay. I would like Officer Wilson to explain how he was able to get a lock - - THE COURT: [Interposing] We're not going back to Officer Wilson. You finished Office Wilson - - MR. THOME: [Interposing] No, I wasn't. You just said that I finished. THE COURT: Well, procedure is that you can't go back. MR. THOME: I would like to - - THE COURT: If you have any questions for Officer Alford, any other questions for him? MR. THOME: Officer Alford, you said you lost sight of my vehicle. OFFICER ALFORD: Yes. - l7 INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 lO ll 12 l3 l4 15 l6 17 18 l9 20 21 22 23 24 25 26 27 28 MR. THOME: No more questions. THE COURT: No more questions, you said? MR. THOME: No more question. THE COURT: All right. Was there anything further, Officer Alford? MR. THOME: Yes, I believe [unintelligible] has more questions. I do, I do. I'd like to know about the traffic condition, how was it that day? OFFICER ALFORD: I'd like to refer to my notes for that, Your Honor, [unintelligible]. THE COURT: Yes. OFFICER ALFORD: I have the traffic as light. It was light outside. The weather was clear, dry. Your Honor, I wanted to also add to the speed survey. Officer Wilson mentioned this, but there is a pre-school at the corner that was in session, at the corner of Prim Ridge and the street that he turned on which was Crestview. Also, Your Honor, I do have a video with his admittance to speeding on it, if the Court wanted to see that. MR. THOME: Objection, I never admitted to speeding. I said I didn't know what speed - - THE COURT: [Interposing] Sir, you're not testifying right now. All right, we're going to wait for the video. You can use it to impeach him if he testifies, so we'll get back to that. Is there anything further, Officer? OFFICER ALFORD: No, Your Honor. THE COURT: Any questions you wanted to ask Officer UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979~5009 - 18 10 ll 12 13 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 27 28 Alford he added about the pre-school? MR. THOME: Yes. I'd like to know at 500 feet, how wide is the laser of the LIDAR. How wide is it at 500 feet? OFFICER ALFORD: Are you asking me that? MR. THOME: I'm asking whoever knows. It's the two of you. THE COURT: We're not going back to asking anything else of Officer Wilson. MR. THOME: Then I'm asking Officer Alford. At 500 feet, how wide is the - - OFFICER ALFORD: I guess about a foot and a half, yeah, maybe a foot and a half. MR. THOME: A foot and a half, yes, and how many inches would that be? THE COURT: Sir, you can figure out how many inches MR. THOME: That's a team. That's a team, but if I make statements, you're going to shut me up. THE COURT: Do you have another question for the officer? MR. THOME: Yes. If we're looking a laser that's about eight inches wide, how is it possible that Officer Wilson was able to get a lock on my vehicle? I mean, that's about as wide as the scooter is and you called it a smaller than average vehicle. I'd like to understand, you're a certified o erator. Please help me understand,p UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 19 10 ll 12 l3 l4 15 16 17 l8 l9 20 21 22 23 24 25 26 27 28 how did you guys manage it? OFFICER ALFORD: As I said before, I believe that, I‘m not an engineer, anything like that, but I believe it's because the back of your vehicle has reflective, more reflective things for it catch or repeat the signal back to whereas, or the laser.back to, whereas [unintelligible] and it's also contoured and I also had very minimal time. I don't know how much time Officer Wilson had to get a lock on you, but I didn't have a lot of time. It‘s hard on small vehicles. That's the answer to that. MR. THOME: So is it fair to say that with an l8 inch wide laser on a not as wide vehicle, is it possible that you could have been sweeping another vehicle at 500 feet at the speed I was supposedly going? OFFICER ALFORD: No. MR. THOME: No? But you were not able to get a lock though of the safe speed? OFFICER ALFORD: I'm sorry? MR. THOME: He was able to get a lock, you were not. How is that possible? OFFICER ALFORD: I just didn't understand [unintelligible]. THE COURT: He already answered that question that you already asked. Do you have a different Question? MR. THOME: This is a waste of time. No, I don't have any more questions. UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 -2O 10 ll 12 l3 l4 15 16 l7 18 l9 20 2]. 22 23 24 25 26 27 28 THE COURT: And if you wish to testify yourself, you can go ahead. MR. THOME: Yes. My scooter that the two of them have called burgundy is not burgundy and they have reviewed their videos. It's not burgundy, it is black. It's a black scooter, same as Officer Richico [phonetic] got in here for. It’s not burgundy. It's on the ticket. It's on their statements. They said it again today. My scooter is not burgundy or maroon as he calls it, it's black. Perhaps [unintelligible]. As for my vest, it's not orange, but it's green, khaki like my pants. So that's the second point. The last thing I want to say is that that day, yes, I was on my way back home because the neighbor had called because Peppy was barking and I didn't want to bother the neighbors, but that way when the neighbor called it was at Forest and Nevels [phonetic], at the intersection of Cintemas [phonetic] and Stevens Creek. Because I drive a scooter and I try to stay away from traffic, I didn't take Cintemas and Saratoga. I took Stevens Creek and then I took Harold Avenue up to Prim Ridge. I have a copy of the aerial view, [unintelligible] of the area. In distance between Harold Avenue and Cyprus Avenue on Prim Ridge is 490 feet, so the lock they got at 508 on the [unintelligible] vehicle, that vehicle was not right. And when I said that I was surprised that it was 35, it's because I thought it was 30, and that's UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 -21 10 ll 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 the speed I was going, so it wasn't [unintelligible]. That's all I have to say. THE COURT: Okay. And so, Officers, I assume you want to move the four, Officer Wilson, the four documents that are marked exhibits into evidence? OFFICER WILSON: Yes, please. THE COURT: Any objection? MR. THOME: What about the document that I am submitted, are they - - THE COURT: Excuse me? MR. THOME: What about the aerial view of the area that I have, is that evidence too? THE COURT: You didn't submit any documents to be marked by the clerk, so - - MR. THOME: I can, I can if you'd like. I have a copy of it. THE COURT: We'll go ahead and move into evidence Exhibit l, 2, 3 and 4. MR. THOME: I'd like to submit an aerial view of the area. I have a copy for the Court and for the officers if they care. THE COURT: Do you have it? MR. THOME: Yep. THE COURT: Can you take it out of your other papers? MR. THOME: Yes. THE COURT: And so hand it to the officers. And you UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 22 10 ll 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 can hand it to the clerk and I'll ask the clerk to mark Exhibit A. Does either officer want to comment on the document? OFFICER WILSON: I can't just cite an accuracy to that document, Your Honor, whether it’s the accurate or accurate [unintelligible]. THE COURT: It‘s like a two page Googled map. So we'll move in Exhibit A to the other [unintelligible]. And, Mr. Thome, is there any closing statement you wanted to say? MR. THOME: Yes. I drive as cautiously as I can. I obey the speed limit, 25 around school zones, 35 around pretty much everywhere in the area, so there's a very, very, very little chance that Officer Alford and Wilson and I will meet again, hopefully. THE COURT: So no chance of what? MR. THOME: They will not pull me over again. THE COURT: All right, based on the evidence presented, I do make a finding of guilty. I think the officer had an accurate measurement of your speed and that it was extremely unsafe for the conditions. MR. THOME: He's not able to explain the reading, though and he's a certified officer - - THE COURT: So do you want to be sentenced today or do you want to wait until after [unintelligible] today or do you want - - MR. THOME: I will appeal the case. UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 23 lO ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 THE COURT: Sir, do you want to be sentenced today or do you want to come back Monday for sentencing? MR. THOME: What do you want me to come back for? THE COURT: Sentencing. MR. THOME: Sentencing, what does that mean? THE COURT: That means what are the consequences of the finding of guilty. MR. THOME: Okay, and what's that going to be? THE COURT: You have the right to be sentenced not less than six hours, no more than five days from today, and if you don't give up that right, I have to have you come back Monday at 9 a.m. for sentencing. If you wish to give up that right, I'll go ahead and say the [unintelligible] today. MR. THOME: If you find me guilty I will appeal the case anyway. I'm not able to come back, so if you're going to further proceed - - THE COURT: So are you waiving time for sentencing? MR. THOME: No, I'm not waiving time. THE COURT: Okay, then you have to be here Monday, a.m. [unintelligible] for sentencing. MR. THOME: I can't, I'll be working. I can't lose my job for this. THE COURT: Well, I have no other choice to give you. MR. THOME: Well, I'm here today. THE COURT: If you want to waive the right and have 9 UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 24 10 ll 12 l3 l4 15 l6 l7 18 19 20 21 22 23 24 25 26 27 28 me sentence you right now, I will. But you said you didn't want that. MR. THOME: Okay, you can sentence me right now. THE COURT: So [unintelligible] time waiver for sentencing. The fine is 100, that's the maximum. If it could be higher, I would have given you higher as it gets extremely dangerous. The penalty assessment is $310. There is a $10 prior search fee, $40 is a clerk security fee, 35 is a conviction fee, $4 emergency services fee - MR. THOME: I already paid that. THE COURT: -- $1 night court fee, [unintelligible], sir, so the total, I have to add that up, is $500, and there is bail, so I'll order bail of five. There's actually one more bail, so the balance is exonerated. CLERK: It was a 10th person? THE COURT: Yes. And, you know, I'm going to consider, I'm going retain the exhibits for 60 days and I can't, going that speed is extremely dangerous to yourself, as well as everyone else in that area. There could be pedestrians, biker [unintelligible] - - MR. THOME: I'm aware of that. THE COURT: --animals, you never know what is going to happen. If you get in accident at that speed, you could have fatalities, you could have permanent injuries to yourself, as well as others. MR. THOME: I agree. UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 25 10 ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 THE COURT: So you have a seat and I'm considering suspending your driving privilege. The maximum I can suspend it for high speed is 3O days, so I’m going to give you a chance to tell me why I should suspend it, so why don't you have a seat. I have some other cases to address and I'll call you back up. [END D58_THOME_9-l8-l7_part l] [START D58_THOME_9-18-17_part 2] THE COURT: Now I'll return to Mr. Thome. I told you I was considering suspending your driving privilege due to the high speed, but I'll give you a chance to tell me why I shouldn't if you feel I shouldn't. MR. THOME: I believe you should not for a few reasons. THE COURT: And they could be? MR. THOME: The first one is that I'm 38 and I've been driving since I was 18 and I have never been in a collision. THE COURT: You haven't what? MR. THOME: I have never been in an accident. I've never caused an accident. I've been hit once by an l8 wheeler, but he came at us and we were avoid him. I have been in the San Jose/Santa Clara area for a little over a year and a half now. I am fully aware of the speed limit around here, whether its 25 or 35 or 30. I understand that there's senior citizen zones. There's one a block away from my house. There's schools. I'm very careful UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 26 10 ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 in the way I drive be it the scooter or the car. The third reason I would like, and I'm asking to keep my license is because I use it to go to work and if I am not able to commute, it's going to be a problem. I realize that driving is not a right as a citizen, but a privilege, and I need that privilege. So that's the reason I'm - - THE COURT: All right, well, it's, in my opinion, a very dangerous thing for you to do. A lot it dangerous to yourself because you're the one riding a scooter type of vehicle and you have Virtually no protection. MR. THOME: I am aware of that, Your Honor. I drive a scooter, I know that. That's the reason why I wouldn't do 7O on Prim Ridge. THE COURT: All right, well, I won't suspend it this time, but I think the DMV might suspend your driving privilege due to so many tickets, but I'll leave that up to them. So I'm not going to suspend it at this time, so you can get the paperwork from the clerk here. MR. THOME: Thank you. I don't think you will ever see me in this court again or in this building again. That is how safely I drive. THE COURT: It's on there, put the 10 so it makes sense it's for [unintelligible]. THE CLERK: Yes, yes. Thank you. THE COURT: Sir, so you can [unintelligible]. We'll be in recess. UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 27 10 11 12 l3 l4 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 People v. Julien Thome Case# 716TR539869 Hearing Date: September 8, 2017 UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, ~ 28 IRVINE, CA 92612 (800)979-5009 10 ll 12 l3 l4 15 l6 17 18 l9 20 21 22 23 24 25 26 27 28 C E] R T? I E” I CZ A CF E I, Yvonne T. Boggs, a transcriber for Ubiqus do hereby certify: That said proceeding were listened to and transcribed by me and were prepared using standard electronic transcription equipment under my direction and supervision; and I hereby certify that the foregoing transcript of the proceedings is a full, true, and accurate transcript to the best of my ability. I further certify that I am neither counsel for nor related to any party to said action, not in anyway interested in the outcomes thereof. In witness whereof, I have hereunto subscribed my name this 11th day of October, 2017. W577“ Yvonne T. Boggs UBIQUS REPORTING, INC., 2222 MARTIN STREET, SUITE 212, IRVINE, CA 92612 (800)979-5009 - 29 W1 i 00 ‘ m ww 5 &0 $?. pr$3. , . . \1 : e a ma fia m q. .. . >, 3_\ 3 , , * Eumm . 4 . 3W . . _, ,. \\ _ _ \ / R; \J m: 1 ? de. 4 : : 3, é: . 3« . 3 s ix .7 . . . u. ‘ . 0. a ; fi ( I DO ma i n : 5 ?H E Q E 4.1 % fl . .2 ; ._, V :,_ . 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