New Charge & Predicate Packet
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State roads - Oahu State Roads and Highways
http://hawaii.gov/dot/highways/islands/oahu/oahuroad.htm
STATE OF HAWAII
DEPARTMENT OF TRANSPORTATION
HIGHWAYS DIVISION
OAHU DISTRICT
1. Interstate Route H-1, Connection with Kalanianaole Highway in Waialae to connection with
Farrington Highway in Makakilo
2. Interstate Route H-2, Intersection with Interstate Route H-1 at Waiawa Interchange to Wahiawa
3. Interstate Route H-3, Marine Corps Base Hawaii to Intersection with Interstate Route H-1 at
Halawa Interchange
4. Route 61, Pali Highway, Honolulu to Kailua
5. Route 63, Likelike Highway, Kalihi to Intersection with Kamehameha Highway (Route 83) in
Kaneohe
6. Route 64, Sand Island Access Road
7. Route 65, Kaneohe Bay Drive, Intersection with Kamehameha Highway (Route 83) in Kaneohe
to Kailua
8. Route 72, Kalanianaole Highway, Intersection with Interstate Route H-1 to Intersection with Pali
Highway (Route 61)
9. Route 76, Fort Weaver Road, Intersection with Interstate Route H-1 to Ewa Beach
10. Route H201, Moanalua Freeway, Middle Street to Halawa Interchange
11. Route 80, Kamehameha Highway, Wahiawa to Intersection with Kamehameha Highway (Route
99)
12. Route 83, Kamehameha Highway, Intersection with Pali Highway (Route 61) to Intersection with
Kaneohe Bay Drive (Route 65)
13. Route 83, Kahekili Highway, Intersection with Likelike Highway (Route 63) to Kahaluu
14. Route 83, Kamehameha Highway, Kahaluu to Haleiwa
15. Route 92, Nimitz Highway, Pearl Harbor to Honolulu Harbor
16. Route 92, Ala Moana Boulevard, Honolulu Harbor to Waikiki
17. Route 93, Farrington Highway, Waiawa Interchange to Makua
18. Route 95, Kalaeloa Boulevard, Intersection with Interstate Route H-1, Makakilo Interchange to
Barbers Point Harbor
19. Route 99, Kamehameha Highway, Schofield Barracks to Waialua
20. Route 750, Kunia Road, Intersection with Interstate Route H-1 to Schofield Barracks
21. Route 930, Farrington Highway Waialua to Dillingham Airfield
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New Charging Language for
286-102(enhanced), DRIVING WITHOUT LICENSE
431: 10C- 104(a) (enhanced), DRIVING WITHOUT MOTOR VEHICLE
INSURANCE (driver; auto) and (owner; auto)
291C-105 (various), EXCESSIVE SPEEDING
291C-102(a) NONCOMPLIANCE WITH SPEED LIMIT - (Effective 1/1/07)
Section 286-102(enhanced), H.R.S.
DRIVING WITHOUT LICENSE
Petty Misdemeanor/Misdemeanor
On or about (Offense Date), in the City and County of Honolulu, State of Hawaii, (Defendant)
did operate a motor vehicle without first being appropriately examined and duly licensed as a
qualified driver of that category of motor vehicle, thereby committing the offense of Driving
Without License, in violation of Section 286-102 of the Hawaii Revised Statutes.
________________________________________________________________________
If 3rd or subsequent offense::
286-136(b) (Defendant) is subject to sentencing in accordance with Section 286-136(b) of the
Hawaii Revised Statutes where (Defendant) had two or more prior convictions for the same
offense in the five-year period preceding the instant offense.
________________________________________________________________________
NOTE: § 286-136 Penalty. (a) Except as provided in subsection (b), any person who violates
section 286-102, 286-122, 286-130, 286-131, 286-132, 286-133, or 286-134 shall be fined
not more than $ 1,000 or imprisoned not more than thirty days, or both. Any person who
violates any other section in this part shall be fined not more than $1,000.
(b) Any person who is convicted of violating section 286-102, 286-122, 286-130, 286-131, 286
132, 286-133, or 286-134 shall be subject to a maximum fine of $1000 or imprisoned not
more than one year, or both, if the person has two or more prior convictions for the same
offense in the preceding five-year period.
Amended: 2005, Drafted by: R. Stacey
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Section 43 1: 1 OC- I 04(a) (enhanced), H.R.S.
DRIVING WITHOUT MOTOR VEHICLE INSURANCE
(driver; auto)
Violation/Petty Misdemeanor
On or about (Offense Date), in the City and County of Honolulu, State of Hawaii, (Defendant)
did operate or use a motor vehicle upon a public street, road, or highway of the State of Hawaii
at a time when such motor vehicle was not insured under a motor vehicle insurance policy,
thereby committing the offense of Driving Without Motor Vehicle Insurance, in violation of
Section 43 1: 1 OC- I 04(a) of the Hawaii Revised Statutes.
________________________________________________________________________
If 1st offense w/in 5 yrs:
431: 10C- 117(a) (Defendant) ) is subject to sentencing as a first offender in accordance with
Section 431: 10C-117 (a) of the Hawaii Revised Statutes.
________________________________________________________________________
If 2nd or subsequent offense:
431: 10C-117 (a) (Defendant) is subject to sentencing in accordance with of the 431: 10C-117 (a)
Hawaii Revised Statutes, where (Defendant) committed the instant offense(s)
within a five-year period from a prior offense of driving without a valid motor vehicle
insurance policy.
________________________________________________________________________
NOTE: §431:10C-117(a)(6), H.R.S.' : As of 6/14/06, any violation as provided in431: 10C-117 (a)
(2)(B) shall not be deemed to be a traffic infraction as defined by Chapter 29 1 D.
See § 431:10C-117, H.R.S., for penalty.
Amended: 6/14/2006, Drafted by: R. Stacey
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Section 431:10C-104(b)(enhanced), H.R.S.
DRIVING WITHOUT MOTOR VEHICLE INSURANCE
(owner; auto)
Violation/Petty Misdemeanor
On or about (Offense Date), in the City and County of Honolulu, State of Hawaii, (Defendant),
as the owner of a motor vehicle used or operated at any time upon a public street, road, or
highway of the State of Hawaii, did fail to obtain a motor vehicle insurance policy upon such
vehicle which provided the coverage required by the Hawaii motor vehicle insurance law and/or
did fail to maintain the motor vehicle insurance policy at all times for the entire motor vehicle
registration period, thereby committing the offense of Driving Without Motor Vehicle Insurance,
in violation of Section 431:10C- 104(b) of the Hawaii Revised Statutes.
________________________________________________________________________
If 1st offense w/in 5 yrs:
431: 10C-117 (a) (Defendant) ) is subject to sentencing as a first offender in accordance with
Section o431: 10C-117 (a) f the Hawaii Revised Statutes.
________________________________________________________________________
If 2nd or subsequent offense:
,431:10C-117(a) (Defendant)is subject to sentencing in accordance with Section 431:10C
11 7(a) of the Hawaii Revised Statutes, where (Defendant) committed the instant offense(s)
within a five-year period from a prior offense of driving without a valid motor vehicle
insurance policy.
NOTE: §431:10C-117(a)(6),H.R.S.: As of 6/14/06, any violation as provided in 431:10C
117(a)(2)(B) shall not be deemed to be a traffic infraction as defined by Chapter 291D.
See § 431:10C-117, H.R.S., for penalty.
Drafted by: R. Stacey
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Section 291C-105(various), H.R.S.
EXCESSIVE SPEEDING - (On or after 1/1/2007)
Petty Misdemeanor
On or about (Offense Date), in the City and County of Honolulu, State of Hawaii, (Defendant)
did drive a motor vehicle at a speed exceeding
________________________________________________________________________
(a)(1) the applicable State of Hawaii or county speed limit by thirty miles per hour or more,
OR
(a)(2) eighty miles per hour or more irrespective of the applicable State of Hawaii or county
speed limit,
OR
(a)(1) and/or (a)(2) the applicable State of Hawaii or county speed limit by thirty miles per hour
or more and/or eighty miles per hour or more irrespective of the applicable State of Hawaii or
county speed limit,
________________________________________________________________________
thereby committing the offense of Excessive Speeding, in violation of Section 291C
105(Subsection) of the Hawaii Revised Statutes.
______________________________________________________________________
If 1st offense Win 5 yrs:
(c)(1) (Defendant) ) is subject to sentencing as a first offender in accordance with Section 291 C
105(c)(1) of the Hawaii Revised Statutes, where the instant offense was not preceded by a
prior conviction under Section 291C-105 of the Hawaii Revised Statutes in the preceding five
years.
________________________________________________________________________
If 2nd offense Win 5 yrs:
(c)(2) (Defendant) ) is subject to sentencing in accordance with Section 291C-105(c)(2) of the
Hawaii Revised Statutes, where (Defendant) ) committed the instant offense within five years
of a prior conviction for an offense under Section 29 1 C- 105 of the Hawaii Revised Statutes.
________________________________________________________________________
If 3rd or subsequent offense w/in 5 yrs:
(c)(3) (Defendant) is subject to sentencing in accordance with Section 291C-105(c)(3) of the
Hawaii Revised Statutes, where (Defend ) committed the instant offense within five years
of two prior convictions for offenses under Section 291C-105 of the Hawaii Revised Statutes.
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NOTE: 'The applicable state or county speed limit' means:
(1)
The maximum speed limit established by county ordinance;
(2)
The maximum speed limit established by official signs placed by the director of
transportation on highways under the director's jurisdiction; or
(3)
The maximum speed limit established pursuant to section 29 1 C- 104 by the director of
transportation or the counties for school zones and construction areas in their
respective jurisdiction. See Section 291C-105(b), H.R.S.
See Section 291C-105(c), H.R.S., for graduated penalties for multiple convictions within
five years.
Effective: l/l/2007
Drafted: 5/22/2007
Drafted by: R. Stacey
PLEASE USE THIS FORM FOR OFFENSES OCCURING ON OR AFTER 1/1/2007
NONCOMPLIANCE WITH SPEED LIMIT - (Effective 1/1/07)
Section 291C-102(a)(1)or(2) HRS
Violation
________________________________________________________________________
On or about the __ day of 20__, in the City and County of Honolulu, State of Hawaii,
Defendant _____
(a)(1) did drive a motor vehicle at a speed greater than the maximum
speed limit other than provided in Section 291C-105, where the
maximum speed limit was established by
OR
(a)(2) did drive a motor vehicle at a speed less than the minimum speed limit
where the minimum speed limit was established by
________________________________________________________________________
County ordinance,
OR
official signs placed by the Director of Transportation on highways under the
Director's jurisdiction,
________________________________________________________________________
thereby committing the offense of Noncompliance with Speed Limit, in
violation of Section 291C-102(a)(1) or (2) of the Hawaii Revised Statutes.
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Speeding (Laser)
Preliminary questions
Please state your name and occupation
How long have you been an HPD officer
Were you so employed and on duty on ________
On that date and time, did you cite someone later known to you as _____________
If you were to see that person again, would you be able to recognize him/her
If he/she is in the courtroom could you please point to him/her and describe what he/she is wearing
MAY THE RECORD REFLECT THE ID OF DEFENDANT
Officer, on [date] what did you cite the Defendant for
Where was the location of that offense
Is that in the C&C Honolulu, State of HI
TRAINING QUESTIONS
Training:
Officer, on [date] were you equipped with any kind of device for measuring
the speed of a vehicle
Were you ever trained [qualified] in operating this device
By whom were you trained
What did that training consist of
Can you describe your training to the court [OR] What did that 4 hours of
training include
During that training, were you provided with a training manual for the LTI
20/20
Was that manual provided by Laser Technology Inc, the manufacturer of
the LTI 20/20
Was your training based upon that manual
During your training, were you taught any tests that were recommended by
the manufacturer to determine whether or not the LTI 20/20 was working
properly
Were these tests contained in the manual that was provided by Laser
Technology Inc
What were the tests that you were trained to conduct in order to determine
whether the LTI 20/20 was working properly
[Describe the 3 tests and the check]
Are these tests that you perform in accordance with the established
manufacturer's procedures to ensure that the device is working properly
within the manufacturer's specifications
Based on your training using the manual provided by Laser Technology
Inc., how would you determine whether or not the LTI 20/20 was working
properly
What kinds of results would you get if the device were not working properly
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Experience:
In your experience as a Honolulu Police Officer, have you ever used the
LTI 20/20 to measure the speed of a vehicle before
Approximately how many times had you used the LTI 20/20 prior to [date]
Tests on [date of incident]:
Did you perform these 4 tests on the LTI 20/20 on [date]
When did you perform the tests
Is that the recommended time frame for testing the device according to the
manufacturer's procedures
Based on these tests that you performed on [date] was the device working
properly within the manufacturer's specifications
Other speeding questions:
Officer, now you said that you cited the Defendant for speeding on [date].
[can insert diagram questions here]
What were the lighting conditions like, weather/traffic/road
What drew your attention to Defendant's vehicle
What did you do once you observed the Defendant's vehicle
Is the LTI 20/20 that you pointed at the Defendant's vehicle the same device that you previously testified that you
tested and that was working properly on [date]
Where did you point the laser on the Defendant's vehicle
How did you know that the laser was pointed directly at the Defendant's vehicle
What was the readout that you observed on the LTI 20/20 device for the speed of the Defendant's vehicle
Did you have a constant visual of the Defendant's vehicle from the time you first observed it until you got the reading
of ____ miles per hour
Officer, are you familiar with the area where you observed the Defendant's vehicle
How are you familiar with that area
Are there any speed limit signs in that area
Where are they located
Would the Defendant have had to pass those signs to get to the area where you lasered him/her
Are they official city and county or state of Hawaii speed limit signs
What was the speed posted on those signs
Were the signs clearly visible and legible on [date] when you cited the Defendant
*Ask the court to take judicial notice of the speed schedules on file with the district court*
What is the speed limit in the area where you cited Defendant for going ____ miles per hour
What did you do upon getting the readout of the LTI 20/20
Did the Defendant's vehicle pull over
Who was driving the vehicle
What, if anything, did the Defendant say?
Did everything that you testify to occur in the City and County of Honolulu, State of Hawaii.
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Speed Check: Records of Regularly Conducted Activity HRE 803(b)(6)
HRE 803(b)(6) Records of regularly conducted activity. A memorandum, report,
record, or data compilation, in any form, of acts, events, conditions,
opinions, or diagnoses, made in the course of a regularly conducted
activity, at or near the time of the acts, events, conditions, opinions, or
diagnoses, as shown by the testimony of the custodian or other qualified
witness, or by certification that complies with rule 902(11) or a statute
permitting certification, unless the sources of information or other
circumstances indicate lack of trustworthiness.
1.
What is a speed check card?

2.
A card that shows the results of testing a vehicle’s speedometer.
Why are speed checks made?

Per HPD reqts, to verify that my vehicle’s speedometer is working properly. It’s an independent
check of my vehicle’s speedometer.
3.
What are speed checks used for?

4.
Does HPD use speed check cards?

5.
Yes.
Who makes speed check cards for HPD?

6.
HPD officers use them in traffic speeding PACE cases.
Roy’s Kalihi Automotive
What kind of vehicle do you drive?

Subsidized v Blue & White

If subsidized:
i. What kind of vehicle do you drive? 2004 Ford Crown Victoria
ii. What is the LP # of your vehicle? NNR 436
7.
Have you ever had a speed check done for your vehicle?

8.
Does HPD require you, as an officer, to have a speed check performed on your subsidized vehicle?

9.
Yes
Yes, HPD and HPD IA
How often do you have a speed check performed on your vehicle?

Once a year
10. Are speed check cards good for one year?
11. Are there expiration dates noted on speed check cards?
12. Do you have speed checks conducted in the course of regularly maintaining your HPD subsidized vehicle?
Yes.
13. Do you have a speed check card covering the date of offense for Defendant, specifically, September
19, 2007?
April 5, 2007 Speed check card
14. Did you have a speed check conducted on your vehicle on April 5, 2007?
15. How did you arrange for your speed check to be performed?
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
Called Roy, and made appt.
16. Who conducted the speed check on your vehicle on April 5, 2007?
17. On April 5, 2007, did you receive the results of your speed check?
18. How are the results of your speed check recorded? On a speed check card.
19. Were you present when the speed check was being performed on your vehicle?
20. When did you receive the speed check card from Roy? Immediately after speed check performed.
21. Is the date of speed check noted on the card? Yes.
22. Do you keep your speed check cards in the normal and ordinary course of your duties as an officer
with HPD?
May the record reflect that I am showing to defense counsel what has been marked for identification as State’s
Exhibit 1. May I approach?
23. Officer, I’m handing you what has been marked as State’s Exhibit 1 for identification, and ask you to look at
it.
24. Do you recognize State’s Exhibit #1 for identification?
25. What is State’s Exhibit #1 for identification? My speed check card.
26. Have you seen State’s Exhibit #1 for identification before?
27. When was the first time you saw State’s Exhibit #1 for identification?
28. How can you recognize it?

It looks like a copy of the original I have in my possession.

It has my badge number, car make and LP #.

What is your badge #? Car made and model? LP #?
29. Who prepared this document?

Seems to have been prepared by Roy Ozaki.
30. How do you know that?

I was there when he prepared it after doing the speed check on my vehicle.
31. Who is Roy Ozaki?

He conducts speed checks on HPD vehicles
32. Is State’s Exhibit #1 for identification the original speed check card you received from Roy on April 7,
2007? No, it’s a copy.
33. Where is the original April 7, 2007, speed check card? I have it in my possession.
34. Have you compared the original April 7, 2007 speed check card with State’s Exhibit #1 for identification?
35. Based on your comparison, is State’s Exhibit #1 for identification the same or substantially the same
document as your original April 7, 2007 speed check card?
36. Are you able to submit the ORIGINAL 4/7/07 speed check card? No, I need it for other cases.
Your Honor, the State moves for the admission of State’s Exhibit #1 for
identification into evidence.
37. What is the date of the speed check card identified and admitted into evidence as State’s Exhibit #1?
38. Go through each speed.
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July 23, 2007 Speed Check Card
May the record reflect that I am showing to defense counsel what has been marked for identification as State’s
Exhibit 2. May I approach?
39. Officer, I’m handing you what has been marked as State’s Exhibit 2 for identification, and ask you to look at
it.
40. Do you recognize State’s Exhibit #2 for identification?
41. What is State’s Exhibit #2 for identification? My speed check card.
42. Have you seen State’s Exhibit #2 for identification before?
43. When was the first time you saw State’s Exhibit #2 for identification?
44. How can you recognize it?
 It looks like a copy of the original I have in my possession.
 It has my badge number, car make and LP #.
 What is your badge #? Car made and model? LP #?
45. Who prepared this document?
 Seems to have been prepared by Roy Ozaki.
46. How do you know that?
 I was there when he prepared it after doing the speed check on my vehicle.
47. Who is Roy Ozaki?
 He conducts speed checks on HPD vehicles
48. Is State’s Exhibit #1 for identification the original speed check card you received from Roy on No, it’s a
copy.
49. Where is the original July 23, 2007, speed check card? I have it in my possession.
50. Have you compared the original July 23, 2007 speed check card with State’s Exhibit #1 for identification?
51. Based on your comparison, is State’s Exhibit #1 for identification the same or substantially the same
document as your original July 27, 2007 speed check card?
52. Are you able to submit the ORIGINAL July 27 2007 speed check card? No, I need it for other cases.
Your Honor, the State moves for the admission of State’s Exhibit #2 for
identification into evidence.
53. What is the date of the speed check card identified and admitted into evidence as State’s Exhibit #2?
54. Go through each speed.
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Per State v. Ing, “where regular tests are made and the records of the tests are kept by the City and county or the
police dept the card can be introduced as an ordinary business entry of evidence of such record indicating the
routine testing of speedometers.” 53 Haw. 466, 468 (1972) (citing HRS 622-5 (repealed 1980)). Re the
Confrontation Clause, “[I]n the instant case where appellant failed to adduce evidence bringing to issue the accuracy
of the speedometer, production of the mechanic who performed the speed check was unnecessary and even if he
were produced cross-examination of the mechanic would be of small utility, if at all, to the appellant.” Id. at 468.
Re Accuracy of speedometer must be established before readings taken from it may be offered in evidence.
Per Justice Levinson’s concurring view, “the accuracy of standard automobile speedometers is a matter of
common knowledge and in speeding violations, or other cases where speed is at issue, the generally recognized
reliability of these devices should be sufficient basis for admitting into evidence speedometer readings.” Id. at
471.
Re State’s failure to adduce competent evidence of speedometer’s accuracy. Per Justice Levinson, b/c there was no
objection to best evidence when the card was read into evidence, contents of card properly came into evidence. Per
Levinson, lay better foundation to include: (1) speed check performed as part of regular maintenance of vehicle; (2)
result of test recorded on calibration card by mechanic performing the test; and (2) date of test recorded on card. Per
Levinson, the mechanic would no motive to falsify the data on card, he could testify to no more than what appears on
the card, testimony of Roy is not required.
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SPEEDING – LASER
1. _____Review at office or court – ___ is road on speed schedule? Remember – Can be C & C
or State, or Airport (DOT). Otherwise, if officer can testify to official signs, cite Vallegos and 291C-35?
Also, C & C roads default to 25 mph if not in speed schedule, per ROH
15-19.7? But still need street signs.
_____ Tab speed schedule for court (remove after court)
2. If need to amend charge, let D know right away at beginning or before court
3. Review with officer after he/she reviews citation:
1. _____ Can ID? 2. _____Date/time 3. _____ Type of car 4. _____ Speed limit
5. _____ Official signs – _____City or _____State? 6. _____ Laser tested, working properly
7. _____ Understand speed schedule location? 8._____ Show map book
9. _____ Diagram
4. Procedure in Court
1. _____ Show ticket to D 2._____ Show diagram to D 3. _____ Mark Exhibits
4. _____ Tag available to read 5. _____ Charge (NG or Deny)
6. _____ Witness exclusionary rule
7. _____Tachibana rights, part I
8. _____ End of case, check elements 9. _____ Exhibits entered 10. _____ State rests
11. _____Tachibana rights, part II 12. _____ Right to Allocution
_____ ID in court _____
Venue _____
Date _____ Speed limit _____ Official signs
_____C & C road _____ Laser reading _____ D driver _____ Ex. ___ diagram in evidence
1.
Officer, please state your name and occupation for the record.
2.
How long have you been with HPD?
3.
Were you so employed and on duty on _____________, 20____, at approximately
_______ ?
4.
On that date, did you cite someone known to you as ____________________?
_____ Date
5.
If you were to see that person again, would you be able to recognize him/her?
6.
Please take a look around the courtroom and tell us if that person is present.
7.
If he/she is in the courtroom today, please point out the person and describe what
he/she is wearing for the record and where he/she is sitting.
8.
Your honor, May the record please reflect that the witness has identified the
Defendant, ________?
______ ID in court
9.
Where was the location of the alleged offense?
Is that a public roadway?
.
Is that in the City and County of Honolulu, State of Hawaii?
_____ Venue
.
On that date and time, what was your assignment?
16
.
What type of vehicle were you operating on that day?
.
Were you equipped with any type of device to measure the speed of a motor vehicle?
LASER CERTIFICATION/QUALIFICATION AND TESTS
.
.
Were you certified/qualified* to use the LTI 20-20 laser gun?
*basically same thing, but defense may jump up and
object depending upon how D answers
By whom?
When?
.
Was this certification/qualification valid on the date of the offense?
.
Were you instructed in testing and operating the device?
.
How many hours of instruction did you receive?
.
On that date, __________________, did you test the laser gun?
.
When did you test it? (also, may do some tests after)
.
How did you test it?
i. _____ Sight alignment ii. _____ Calibration
iii. _____ LED
.
iv. _____ Delta Distance
What were the results of the tests?
_____ Laser device working properly
What would you have done if the tests indicated that the laser device was
not functioning properly? Test again? When?
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Facts of offense
.
At approximately ______________ (time), just prior to citing Defendant,
where exactly were you?
.
What were the _____lighting conditions in the area where the offense occurred?
_____ weather
_____ traffic
_____ road
DIAGRAM
.
Did you prepare a diagram today?
Would that assist in your testimony to the court?
Your honor, may I have the witness step down?
Now, referring you what has been previously shown to defense counsel and marked for
identification only as State’s Exhibit ____, do you recognize that?
What does it purport to show?
Who prepared it?
Are you familiar with that area, as it was on the date in question?
How are you familiar with the area?
Please orient the court to the diagram
Does the diagram fairly and accurately represent the area where you
cited Defendant on the date in question? (not to scale)
Where were you when you first observed the Defendant?
In what direction were you facing?
Where was Defendant?
What direction was Defendant travelling in?
What actions of Defendant led you to cite him/her?
What did you do?
____used laser gun on the car
Were there any other vehicles near his/her car?
Would they have had any effect on your laser unit?
Where did you aim the laser?
How did you know the laser was aimed properly?
18
____red dot/sight scope
What is the expansion rate? Please explain.
Did you have a clear and unobstructed view of Defendant’s car and plate?
How far away was Defendant’s car when you activated the laser gun?
What was the readout of the laser unit?
______ mph ______ feet
What did that mean to you based on your training and experience?
Car was going ______ mph at time I lasered it
SPEED LIMIT SIGNS
Were there any speed limit signs posted in the area?
Where were they located?
Would Defendant have passed these signs?
How many signs would Defendant have passed?
Were those signs clearly visible and legible?
Are you familiar with official _____City and County of Honolulu/ or
_____ State of Hawaii traffic control devices?
How did you become familiar with them?
_____ Training & experience, patrol
Have you seen similar traffic control signs before?
Were these signs official City and County of Honolulu/State of Hawaii
traffic control signs?
What speed was indicated on these signs?
_____ _____ mph
Did you have a clear and continuous view of Defendant’s vehicle from the moment you first
saw him/her until the moment the alleged violation occurred?
What did you do after ascertaining Defendant’s speed at _____ mph?
_____ pulled him/her over
Did you explain to Defendant why you stopped him/her?
What, if anything, did Defendant say? ____________________________________________
Who was behind the wheel when you pulled over the vehicle?
_____ Defendant
SPEED SCHEDULE
May the court take judicial notice of the Speed Schedule of
_____ the City and County of Honolulu _____ the State of Hawaii
19
_____ the Honolulu International Airport
on file with the __________ District Court?
Note: officer may have to show he is familiar with and give the court the proper landmarks to
use the speed schedule.
Example: Officer cites Defendant going 50 mph in the mauka direction on Piikoi St. between
Kapiolani Blvd and South King St. The speed schedule says that on Piikoi St. the
speed limit is 25 mph starting from Ala Moana Blvd to Wilder St. The officer may want to
include the area from Ala Moana Blvd all the way to Wilder in the diagram, or at least be able
to indicate that the area where Defendant was cited was within the area listed on the speed
schedule.
_____ Enter diagram into evidence
_____ Enter other exhibits into evidence
VENUE: did everything to which you have testified occur in the City & County of Honolulu, State of Hawaii?
_____ Venue again
D case - _____ Tachibana at time of decision to testify/not testify
Cross on D – potential questions
Where were you going?
In a rush?
Late for work?
You noticed the officer, right?
You have travelled on that road before, correct?
In fact, many times?
That was the officer who cited you, correct?
No problems before with that officer, correct? (be careful if there are priors)
You don’t disagree that there were big speed limit signs there that day, do you?
And you recognize them as speed limit signs?
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Laser Calibration
Self Test: Done by turning the unit on. Unit will conduct its own self test. If something is wrong with the unit a
display of 50-55, E-50 or E-55 will be displayed.
Display Test: Depress the Test Mode button. A display of 8.8.8.8. should be displayed. This will test the LEDs of
the display screen.
Scope Alignment Test: Depress the Test Mode button and release quickly. A reading of “tt” will be displayed. Hold
the trigger down and pan horizontally and vertically against a target to make sure the red dot is centered within the
scope.
Calibration Test (Delta Distance Velocity Test): 2 remeasured points using a steel measuring tape. Press and hold
down the Test Mode Button. A display of “t-d1” should be displayed. Shoot your first premeasured point (farthest
distance 1”). Depress the Test Mode button again and a display of “t-d2” should appear. Shoot your second
premeasured point (closest point) then depress the Test Mode buttons again. The difference between the two points
times 2 should appear on the screen. Ex: 130-105=25 x 2 =50. If you are within =/-1, the unit is calibrated.
**Times 2 because the distance is converted to MPH and 6 inches =1 MPH.
Might want to ask the officer
Do you know where the measuring points are?

They don’t measure it themselves. There are premeasured points that you are set to aim at
(when you calibrate it before leaving the station)
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Stopping Distances
Instead of having to learn all the data contained in the table shown below there is a formula you can
remember in order to calculate the overall stopping distance, which is as follows:x² ÷ 20 + x = Overall stopping distance in feet.
x = speed
For example: If you are travelling at 30 mph
30² ÷ 20 + 30 =
(30 x 30) ÷ 20 + 30 =
900 ÷ 20 + 30 = 75 ft.
THINKING DISTANCE
SPEED
BRAKING DISTANCE
See comments above
OVERALL STOPPING
DISTANCE
20 mph
20 ft. (6 m)
20 ft. (6 m)
40 ft. (12 m)
30 mph
30 ft. (9 m)
45 ft. (14 m)
75 ft. (23 m)
40 mph
40 ft. (12 m)
80 ft. (24 m)
120 ft. (36 m)
50 mph
50 ft. (15 m)
125ft. (38 m)
175 ft. (53 m)
60 mph
60 ft. (18 m)
180 ft. (55 m)
240 ft. (73 m)
70 mph
70 ft. (21 m)
245 ft. (75 m)
315 ft. (96 m)
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