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           him testify.

              THE COURT: Well, you don't get to like to

           have. If it doesn't require expert testimony,

           it's not allowed. If it requires it, then, of

           course, you will want to explain to me something I

           couldn't catch on to.

              THE DEFENDANT: I would have to say part of

           it I could testify,part of it I could not testify

           to, depending on how much I have to go, Your


              THE COURT: Ask him whatever you want.

              THE DEFENDANT: Thank you, Your Honor.


Q      Mr. Tepper, did you just hear that officer state that

       the distance over which he observed the car in question

       traveling was 100 feet, and that the elapsed time was

       100 -- 1.55 seconds?

A      I think he said --

Q      Could you, please, tell us, what is the appropriate

       calculation for the speed reading based -- is it

       possible to make a speed reading on this data?

A      Yes. You can take that and convert it to a speed


Q      Would you, please, do that?

A      Okay. It was --
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              THE WITNESS: Give me a second to do the

           calculation, Your Honor. That's how many feet per

           second. That's 43.98 miles an hour. That would

           be with no error. That would be 44 miles an hour.

              THE DEFENDANT: Your Honor, based on what the

           officer has testified to, that is the distance and

           the time he observed this car in question

           traveling, according to the expert to give a speed

           reading of 43 --

              THE WITNESS: 44 miles an hour.


Q      44 miles an hour?

A      With no error.

              THE DEFENDANT: With no error; and the

           officer also testified that the car in question

           was traveling at 66 miles per hour. I would

           respectfully ask you, Your Honor, to dismiss this

           case because the officer himself is offering

           conflicting testimony. My expert has just proven

           that the facts and the conclusion that the officer

           has made don't add up.

              THE COURT: That assumes I believe him and

           don't believe the officer.

              THE DEFENDANT: Your Honor, if I may, the

           officer stated a fact, that is that distance was
                   COURT OF COMMON PLEAS


           100 feet.

              MS. CIAFRE: Okay, Your Honor, are we going

           to argument, or am I going to have an opportunity

           to cross-examine the expert witness?

              THE COURT: Cross-examine the expert.



Q      Sir, how is it the defendant in this case I believe

       made some statements to you, I do not exactly know what

       his question was to you, that your answer was 44 miles

       per hour? How did you arrive at 44 miles per hour?

A      I took the number of feet, which,was 100, divided by

       the number of seconds, which was 1.55; and then I

       multiplied that by 3,600 over 5280, which is the ratio

       of seconds in an hour to feet in a mile.

Q      And you arrived at 44 miles per hour?

A      Correct.

Q      So it's your expert testimony that it would have been

       impossible for this man to have been going any faster

       than 44 miles per hour when this officer clocked him?

A      No. What I'm saying is, given those numbers that the

       officer stated, if the time was exact, if that's the

       time it really took him to travel that distance, his

       speed is exactly 44 miles an hour.

              MS. CIAFRE: I have nothing further, Judge.
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              THE COURT: Okay.

              THE DEFENDANT: Your Honor -

              THE COURT:' What are your calculations made


              THE DEFENDANT: Your Honor, I can only go on

           what I have on my Citation as far as the time and


              THE COURT: 15 minutes ago I would have given

           you five miles over.

              THE DEFENDANT: Your Honor, if I may --

              THE COURT: Go ahead.

              THE DEFENDANT: I honestly did some legal

           research, and according to my research --

              MS. CIAFRE: Your Honor, we would offer him a

           plea to 44 miles an hour over the posted speed

           limit, since he himself said that must be how fast

           he was going.

              THE DEFENDANT: Your Honor, the Pennsylvania

           Court 75, paragraph 3368 (C)(4) says, no person

           may be convicted of evidence obtained throughout

           the use of devices authorized by paragraphs (2)

           and (3) unless the speed reported is six or more

           miles per hour in excess of the legal speed


              Furthermore, no person may be convicted of
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Transcript: Page 5 of 5



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