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A      Two and-a-half years.

Q      Two and-a-half years?

A      Yes.

Q      I understand, is it correct that you have received

       training in Vascar?

A      Yes, I have.

Q      Could you tell me how long you have been operating


A      About two and-a-half years.

Q      Could you briefly describe the operation of Vascar?

A      The vehicle traverses across the first reference point,

       which is a painted white line. I throw a toggle switch

       that goes across the distance; and when the vehicle

       goes across, I throw the toggle switch down. It gives

       me the average speed of the vehicle at that time.

Q      Okay. So did you just say that it's not the car that

       you are observing going through these markers that

       trips anything, it has to be a human input?

A      Yes. I use my finger and observe the vehicle.

Q      Did I understand correctly that you were parked at the

       time when you observed the car in question?

A      Yes, I was.

Q      Would you say that if the Vascar operator's reflexes

       are off, would the Vascar reading, speed reading still

       be accurate?
                   COURT OF COMMON PLEAS


              THE WITNESS: I can't answer that, Your

           Honor. As far as the information -- I can't

           answer as far as my speed timing device. I

           believe I am correct and true to the ability of my

           use of the Vascar.


Q      That was not the question, sir. The question was, do

       you believe that if the Vascar operator's reflexes are

       off, or not paying close attention, will the speed

       reading still be accurate?

              THE WITNESS: Your Honor, Your Honor, I was

           not off. I was paying attention. I had my

           contact vehicle which was the defendant's vehicle.


Q      Officer, have you had your reaction time measured ever?

A      I don't understand what you mean.

Q      When you observe a car going through the markers, do

       you immediately push the switch that you were talking


A      When I seen the shadow of your vehicle go across the

       line I activated the device.

Q      Would you say that you push - you will switch or

       operate the switch exactly at a time when you see the

       shadow or the car, whatever, crossing the marker?

A      Yes.
                   COURT OF COMMON PLEAS


Q      You would say then there is no time between actually

       the time -- the car crossing your marker and your


A      There is no time.

              THE COURT: Let's assume there is a reaction

           time we're talking about. Why don't we ask you a

           question. How fast were you going? Do you intend

           to testify?

              THE DEFENDANT: Your Honor, I would like - I

           would like to continue cross-examining them.

              THE COURT: You want to continue?

              THE DEFENDANT: Yes, Your Honor.

              THE COURT: All right. I'm apparently trying

           to help you, but you can continue if you wish. Go


              THE DEFENDANT: I would like to offer into

           evidence -- may I?

              THE COURT: You may. Anything you wish to


              THE DEFENDANT: -- a scientific study that

           would indicate that -- will you, please?

              THE COURT: Go ahead with your

           cross-examination. Then you can do that in your


              THE DEFENDANT: Okay.
                   COURT OF COMMON PLEAS


              MS. CIAFRE: Do you have anymore questions of

           the officer?


Q      What was the time of -- how many seconds did you time

       the car traveling within your markers?

A      I  have it on my Citation. 1.54.

Q      May I ask, what was the distance between your markers?

A      I  have .0188, which is -- it has on here as far as

       that's 100 feet.

              THE DEFENDANT: Your Honor --
              MS. CIAFRE: Are you done asking questions?

              THE DEFENDANT: No, I'm not.

              MS. CIAFRE: You have to keep with the

           question period. If you want to talk to the

           Judge, your question period is over.

              THE DEFENDANT: May I return to ask

           additional questions?

              THE COURT: Go right ahead. You're asking

           questions. Go ahead.

              THE DEFENDANT: Then I would like to have -

           well, at this point I would like to ask you, Your

           Honor, Your Honor to recognize Mr. Andrew Tepper,

           who is a trained mathematician, whom I would like

           respectfully to ask you to recognize him as an

           expert in mathematics in order to point out that
                   COURT OF COMMON PLEAS

Transcript: Page 3 of 5



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