Charlie Sprinkle case transcripts. Charlie won.

6708 Lawyerdude: 805 815 3599 Lawyerdude@adelphia.net Click here for my empowerment links are at the end of the page.

A Lesson in How to speak well in court and charm everybody:

Charlie Sprinkle’s Transcripts

The Prosecution eventually dismissed Charlie’s case.

This page is: http://ronfox.250free.com/charlie.html

Charlie Sprinkle story on the Charlie Sprinkle page: http://www.fu.gq.nu/charlie.html

Links to all my successful students: http://www.circuitlawyer.8m.com/traffic.html

Charlie’s other transcript: http://ronfox.250free.com/6709.htm

How to be politely assertive in court: http://www.circuitlawyer.8m.com/5537.html

Hmm. I just now noticed that the transcript entered an appearance for me, Attorney Douglas Palaschak. This is curious. I was not in court. I did not put my name on the papers. However, I did talk with the transcriber. He was not in court. He is a nice guy for recognizing me - but do you see how confusing things get when the court reporter never appears in court? In some of this transcript the reporter does not tell us who the judge is or which court we are in. I have tried to take some of the “air” out of this document. It takes time. I used a different server because all the empty space in this transcript translates into lines in html. Thus the html version is to big for some service providers. And then I found the WordPerfect version. Whoops. Well, I am not going to re-do it right now.

Charlie is a very congenial guy. You can learn from this transcript. You will see in this transcript how Charlie’s speaks in court. He stands up for himself without angering the judge or prosecutor. He set himself up to get his case dismissed. When the time case for the prosecution to dismiss, they did so. They say that you should have few enemies in the court house. Charlie proves the point. Had Charlie not been so charming, the prosecutor might have refused to dismiss the case against him.

Lawyerdude’s Summary by of Contents:

(Warning: page numbers don’t match. Just click on the link. The purple/ blue print is the link.)

For Defendant/Appellant: DOUGLAS PALASCHAK, ESQ.
Attorney at Law

FRIDAY, FEBRUARY 14, 2003

Note that we are not told who the judge/ commissioner is. Because this was tape recorded, the transcriber is transcribing this later. He was not at the court session. He would have taken time to attempt to find out who the judge was, but he did not. He does not even tell us what court room this was in. However,

I'm going to assign it to Judge Purnell at 2:30 in Courtroom 26, uh, for 1538.5 only.

THE COURT: Well, then you have to go to trial, or plead guilty and appeal, which you can certainly do.

16 MR. SPRINKLE: I haven't had a demurrer in yet.

18 THE COURT: Well, this is not demurrable. I think that was heard and denied.

20 MR. SPRINKLE: That was denied out of hand by a person that didn't even look at it. Couldn't -- couldn't have read more than the first -- the front page of 135, uh, points of law. 35 pages. The D.A. never answered it because they never had a copy of it. Why I don't know. It was filed a month in advance.

good cause appearing, the hearing of the motion is continue February 21st at 9:00 a.m. in Courtroom 14

And the trial February 24^th 14 at 9:00 a.m. Courtroom 14.

March 11, 2003

TUESDAY, MARCH 11, 2003

MARCH 11, 2003

THE COURT: Uh, Charles Sprinkle. Mr. Sprinkle. This matter's on for jury trial today. Are you ready to go to jury trial, Mr. Sprinkle?

8 MR. SPRINKLE: No, sir. I filed notice of appeal yesterday.

10 THE COURT: Well, you can't appeal something until -- uh, there's nothing to appeal.

12 MR. SPRINKLE: Yes, sir, I can.

13 THE COURT: Well, uh --

14 MR. SPRINKLE: Read the motion.

MR. INMAN: I don't have a copy. (Watch this. Charlie has his ducks in a row.)

MR. SPRINKLE: I got another one for you. Here you go.

jury trial's continued till the 9th of June

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2 FOR THE COUNTY OF VENTURA

3 APPELLATE DIVISION

5 PEOPLE OF THE STATE OF CALIFORNIA )

)

6 Plaintiff/Respondent, )

)

7 vs. ) No. 2002013441

)

8 CHARLES SPRINKLE, )

)

9 Defendant/Appellant. )

___________________________________)

11 APPEAL FROM THE MUNICIPAL COURT OF VENTURA COUNTY

HONORABLE KEN W. RILEY, JUDGE; ROLAND N. PURNELL, JUDGE

12 and HONORABLE EDWARD F. BRODIE, JUDGE

13 REPORTER'S TRANSCRIPT ON APPEAL

OF DIGITAL RECORDED PROCEEDINGS

15 February 14, 21 and March 11, 2003

APPEARANCES:

For Plaintiff/Respondent: MICHAEL D. BRADBURY

18 District Attorney

BY: ANIKA HARVY

19 Deputy District Attorney

800 South Victoria Ave.

20 Ventura, CA 93009

(805) 654-2500

For Defendant/Appellant: DOUGLAS PALASCHAK, ESQ.

Attorney at Law

23 CHARLES SPRINKLE

(805) 640-0439

24 In Propria Persona

TRANSCRIBED BY: MARTIN Y. HECKERMAN, RPR, CSR 1151

26 Official Court Reporter

800 South Victoria Avenue

27 Ventura, CA 93009

(805) 662-6652

Page 2

2 WITNESS INDEX

3 PLAINTIFF'S WITNESSES: DR CR RD RC VOL

{}

4 {}

7 DEFENDANT'S WITNESSES: DR CR RD RC VOL

{}

8 {}

10 EXHIBIT INDEX

11 PLAINTIFF'S EXHIBITS IDEN. EVD. VOL

12 1 - {}

15 DEFENDANT'S EXHIBITS IDEN. EVD. VOL

16 A - {}

MISCELLANEOUS INDEX

HEARING DATES: PAGE

Fri., Feb. 14, 2003 - {A.M.|P.M.} SESSION {}

20 Fri., Feb. 14, 2003 - {A.M. SESSION} {}

Fri., Feb. 21, 2003 - {A.M. SESSION} {}

21 Tue., Mar. 11, 2003 - {A.M. SESSION} {}

Page 3

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2 FOR THE COUNTY OF VENTURA

3 COURTROOM 14 HON. KEN W. RILEY, JUDGE

5 PEOPLE OF THE STATE OF CALIFORNIA, )

)

6 Plaintiff, )

)

7 vs. ) No. 2002013441

)

8 CHARLES SPRINKLE, )

)

9 Defendant. )

___________________________________)

11 REPORTER'S TRANSCRIPT OF DIGITAL

RECORDED PROCEEDINGS

13 February 14, 2003

16 APPEARANCES:

17 For Plaintiff: MICHAEL D. BRADBURY

District Attorney

18 BY: ANIKA HARVY

Deputy District Attorney

19 800 South Victoria Ave.

Ventura, CA 93009

20 (805) 654-2500

21 For Defendant: CHARLES SPRINKLE

In Propria Persona

22 (805) 640-0439

TRANSCRIBED BY: MARTIN Y. HECKERMAN, RPR, CSR 1151

25 Official Reporter

800 South Victoria Avenue

26 Ventura, California 93009

(805) 662-6652

Page 4

1 VENTURA, CALIFORNIA; FRIDAY, FEBRUARY 14, 2003

2 P.M. SESSION

3 ---oOo---

4 (Digital Recording No. 1:42:32 P.M.)

6 THE COURT: Charles Sprinkler. Are the people

7 ready.

8 MS. HARVEY: Anika Harvy for the people, your

9 Honor. We are waiting to hear on the status of the

10 officer who is ... (indiscernible).

11 THE COURT: Oh.

12 MS. HARVY: Supposed to be here at 1:30

13 assuming --

14 THE COURT: Okay. It's going to be a while

15 before -- because the judge I'm going to assign it to

16 is doing court trials right now, so I'm not going to

17 assign it out till 2:30. So do you think -- do you

18 think your officer is en route?

19 MR. SPRINKLE: That's what I'm finding out,

20 actually, I have witness coordination calling to see if

21 that's the case.

22 THE COURT: All right.

23 MS. Harvy: If so then we're definitely ready.

24 THE COURT: All right. Why don't I assign it out to courtroom -- I'm going to assign it to Judge Purnell at 2:30 in Courtroom 26, uh, for 1538.5 only.

27 MS. Harvy: Thank you.

28 THE BAILIFF: He advised he just ...

1 (indiscernible.)

2 THE COURT: Okay. All right.

3 Sir. Mr. Sprinkler, you need to go up to

4 Courtroom 26 at 2:30. Be up to Courtroom 26 at 2:30.

5 ---oOo---

Page 6

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2 FOR THE COUNTY OF VENTURA

3 COURTROOM 26 HON. ROLAND N. PURNELL, JUDGE

5 PEOPLE OF THE STATE OF CALIFORNIA, )

)

6 Plaintiff, )

)

7 vs. ) No. 2002013441

)

8 CHARLES SPRINKLE, )

)

9 Defendant. )

___________________________________)

11 REPORTER'S TRANSCRIPT OF DIGITAL

RECORDED PROCEEDINGS

13 February 14, 2003

APPEARANCES:

For Plaintiff: MICHAEL D. BRADBURY

17 District Attorney

BY: ANIKA HARVY, ESQ.

18 Deputy District Attorney

800 South Victoria Ave.

19 Ventura, CA 93009

(805) 654-2500

For Defendant: CHARLES SPRINKLE

21 In Propria Persona

(805) 640-0439

24 TRANSCRIBED BY: MARTIN Y. HECKERMAN, RPR, CSR 1151

Official Reporter

25 800 South Victoria Avenue

Ventura, California 93009

26 (805) 662-6652

Page 7

1 VENTURA, CALIFORNIA; FRIDAY, FEBRUARY 14, 2003

2 P.M. SESSION

3 ---oOo---

4 (Digital Recording No. 3:05:09 P.M.)

6 THE COURT: Uh, Charles Sprinkler; is that

7 correct?

8 A VOICE: Pull up a chair ... (indiscernible).

9 THE COURT: Yes, you're Mr. Sprinkler,

10 representing yourself, is that right?

11 MR. SPRINKLE: ... (indiscernible.)

12 A VOICE: ... (indiscernible.)

13 THE COURT: Okay.

14 MR. SPRINKLE: I'm Mr. Sprinkle,

15 S-p-r-i-n-k-l-e, Charles.

16 THE COURT: There's no R on the end of your

17 name.

18 MR. SPRINKLE: Never has been in my lifetime.

19 THE COURT: Well --

20 MS. Harvy: In the motions you're filing you

21 have an R.

22 THE COURT: You put an R on your own papers

23 then, sir.

24 MS. Harvy: Yeah.

[Lawyerdude adds: Ms. Harvy is a young patient black woman. I was yelling at her on the phone. Not because she is black but because she would not give Charlie something or other. I forget. Anyway her office spelled Charlie’s name wrong. I played along with it. If they convict “Sprinkler” then “Sprinkle” is home free. Weak theory, but they don’t see what happened - and Charlie is cool as a cucumber. Eventually the court says that it is no big deal, but that is all that they achieved today. They wasted Charlie’s day once again. ]

25 MR. SPRINKLE: No, I didn't.

26 THE COURT: Somebody typed it up and put an R

27 on the end of it.

28 MS. Harvy: And all the motions that you filed

Page 8

1 were ... (indiscernible.)

2 MR. SPRINKLE: Well, what can I say?

3 THE COURT: That's not a big deal, I guess,

4 but that's what it says.

5 Uh, why are we here today, ladies and

6 gentlemen?

7 MR. SPRINKLE: Filed a motion --

8 MS. HARVY: Anika Harvy for the people, your

9 Honor. Uh, actually we're here for a motion to suppress

10 1538, uh, but to this hour we still do not see our

11 officer who is under subpoena and has not responded to

12 either ... (indiscernible) ... so we're asking to

13 continue this matter, I guess continue the 1538 to, uh,

14 February 21. And if I understand correctly the jury

15 trial will be ... (indiscernible) --

16 MR. SPRINKLE: I would like to have it

17 dismissed today.

18 MS. HARVY: So we'd ask to continue the 1538

19 to February 21st.

20 THE COURT: What efforts have you made to get

21 the officer here for, uh --

22 MS. HARVY: Since this morning, your Honor, we

23 were under the understanding that he would be here at

24 1:30. And his office was called. He's on vacation or

25 on leave for three days but on call and under subpoena.

26 And then notified him that he was in fact mandatory ...

27 (indiscernible.) Is office called him twice this

28 morning, at one 1:30 we called him twice, his office

Page 9

1 called him ... (indiscernible) ... 2:30. He's not

2 responding.

3 THE COURT: All right. Just a moment. All

4 right, uh -- and he was subpoenaed you say?

5 MR. HARVY: He is under subpoena and has been

6 since the last time, Your Honor.

7 THE COURT: All right. Mr. Sprinkler, is

8 there anything else you want to say about it?

9 MR. SPRINKLE: Just ask for a default in my

10 favor. I been here all day waitin' for this on the

11 promises it's going to be taken care of.

12 THE COURT: I do find there's good cause for a

13 continuance.

14 Let's straighten out the -- the issue of your

15 true name. Do you have a driver's license, sir?

16 MR. SPRINKLE: Sir?

17 THE COURT: Do you have a driver's license or

18 any sort of I.D. so we can establish your true name?

19 MS. HARVY: And date of birth as well.

20 Contact ... (indiscernible) Your Honor, actually ...

21 (indiscernible.)

22 THE COURT: All the papers that you filed have

23 an R on the end of your name. And I'd like to

24 straighten it out now before we let this case go on any

25 further.

26 MR. SPRINKLE: You can look at my signature,

27 there's no R on any of 'em.

28 THE COURT: Well, okay.

Page 10

1 MR. SPRINKLE: And I didn't type these papers.

2 And if you look at the, uh, the --

3 THE COURT: Well, who did type the papers if

4 you didn't?

5 MR. SPRINKLE: My, uh, counsel. He was only

6 following the court papers.

7 THE COURT: Okay.

8 MS. HARVY: And the information that the

9 officer --

10 MR. SPRINKLE: And the D.A.'s paper -- if you

11 look at the D.A.'s brief you'll see quite a few

12 misspellings.

13 THE COURT: Well, I wouldn't doubt it.

14 Well, okay, I'm not -- I'm not quibbling with

15 you about it but that's what it says here. So I guess

16 we don't need to worry about that.

17 MR. SPRINKLE: This here is my, uh, Veteran's

18 V.A. card.

19 THE COURT: Take a look at that, Dan, if you

20 would, please.

21 It's a V.A. I.D. card, is that it?

22 THE BAILIFF: It is, Your Honor. It says

23 Charles R. Sprinkle, S-p-r-i-n-k-l-e.

24 THE COURT: All right, thank you. We'll, uh

25 -- and someone else typed these papers for you and put

26 the R on by mistake?

27 MR. SPRINKLE: It's on the court papers.

28 THE COURT: All right. We'll show the

1 defendant's true name as Sprinkle and delete the R from

2 his last name, the second R.

3 MR. SPRINKLE: Sure glad somebody's taking

4 care of that.

5 THE COURT: All right. Well, I'm kind of

6 picky about things like that.

7 All right, I'll continue the case. What was

8 the date, uh --

9 MS. HARVY: The 21st, Your Honor.

10 THE COURT: All right. The matter's continued

11 for hearing and trial February 21st. Is the jury trial

12 set for the same day you think? Shows the last day as

13 the 24th.

14 MS. HARVY: We ask for a time waiver if he's

15 willing, and I'm not sure the jury trial date. Based on

16 papers it that I have, it seems like he wants to do the

17 1538 separate from and then we'll take up the jury trial

18 matter later.

19 MR. SPRINKLE: ... (indiscernible) papers.

20 MS. HARVY: So that -- let's go back for a

21 minute, Your Honor, just for clarification. Charles

22 Sprinkle is the name. The address we have of 1273 Rice

23 Road, No. 28, Ojai, California 93023. Is --

24 MR. SPRINKLE: Yes.

25 MS. HARVY: And then your correct date of

26 birth, sir, is 10-11-35?

27 MR. SPRINKLE: No.

28 MS. HARVY: That's why we couldn't find it.

1 What is your correct date of birth?

2 MR. SPRINKLE: '39. 10 November.

3 MS. HARVY: Thank you. Okay.

4 MR. SPRINKLE: This was -- this was the way

5 the original citation was wrote up by your officer.

6 THE COURT: All right. Do you want to have

7 your hearing and the trial on the same date?

8 MR. SPRINKLE: No.

9 THE COURT: All right. I'll have the motion

10 on the 21st --

11 MR. SPRINKLE: If I -- if the motion fails and

12 I have -- I have a right to appeal.

13 THE COURT: Well, then you have to go to trial, or plead guilty and appeal, which you can certainly do.

16 MR. SPRINKLE: I haven't had a demurrer in yet.

18 THE COURT: Well, this is not demurrable. I think that was heard and denied.

20 MR. SPRINKLE: That was denied out of hand by a person that didn't even look at it. Couldn't -- couldn't have read more than the first -- the front page of 135, uh, points of law. 35 pages. The D.A. never answered it because they never had a copy of it. Why I don't know. It was filed a month in advance.

26 THE COURT: All right. Uh, good cause appearing, the hearing of the motion is continue February 21st at 9:00 a.m. in Courtroom 14 and --

1 MS. HARVY: For the 1538. At 9 or 1:30, your

2 Honor?

3 THE COURT: Well, we'll set that at 9 o'clock.

4 MS. HARVY: At 9:00.

5 THE COURT: Well, I'm sorry.

6 MS. HARVY: Yeah, because it's going to

7 probably push it --

8 MR. SPRINKLE: 29th?

9 THE COURT: 21st.

10 MR. SPRINKLE: 9 o'clock a.m.?

11 THE COURT: 1:30 p.m. Courtroom 14.

12 MR. SPRINKLE: 14.

13 THE COURT: Yeah. And the trial February 24^th 14 at 9:00 a.m. Courtroom 14.

15 All right, thank you, sir.

16 MS. HARVY: Thank you, your Honor.

17 THE COURT: Okay.

18 MR. SPRINKLE: Both these will be in 14?

19 THE COURT: Yes.

20 ---oOo---

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2 FOR THE COUNTY OF VENTURA

3 COURTROOM 43 HON. EDWARD F. BRODIE, JUDGE

5 PEOPLE OF THE STATE OF CALIFORNIA, )

)

6 Plaintiff, )

)

7 vs. ) No. 2002013441

)

8 CHARLES SPRINKLE, )

)

9 Defendant. )

___________________________________)

11 REPORTER'S TRANSCRIPT OF DIGITAL

RECORDED PROCEEDINGS

13 March 11, 2003

APPEARANCES:

For Plaintiff: MICHAEL D. BRADBURY

17 District Attorney

BY: ANIKA HARVY

18 Deputy District Attorney

800 South Victoria Ave.

19 Ventura, CA 93009

(805) 654-2500

For Defendant: CHARLES SPRINKLE

21 In Propria Persona

24 TRANSCRIBED BY: MARTIN Y. HECKERMAN, RPR, CSR 1151

Official Reporter

25 800 South Victoria Avenue

Ventura, California 93009

26 (805) 662-6652

1 VENTURA, CALIFORNIA; TUESDAY, MARCH 11, 2003

2 A.M. SESSION

3 ---oOo---

4 (Digital Recording No. 11:11:16 A.M.)

6 THE COURT: We're on the record in the case of

7 People versus Charles Sprinkle. The matter comes to

8 this court for a motion to suppress. The Court has

9 reviewed the moving papers by Mr. Sprinkle and the

10 response by the people. I take it there were no, uh,

11 arrest or search warrants?

12 MS. HARVY: No, Your Honor. Good afternoon,

13 Anika Harvy for the people. No, Your Honor, that's

14 correct.

15 THE COURT: All right. You're Mr. Sprinkle.

16 MR. SPRINKLE: Yes, sir. I have a motion I

17 filed the -- on the 20th to, uh, give me some time.

18 THE COURT: I'm not taking up any motions to

19 continue, sir.

20 MR. SPRINKLE: That's what the guy said

21 downstairs. He said to bring it up here to you.

22 THE COURT: I'm here to hear a motion. That's

23 what I'm here to do, that's what I'm going to do.

24 People, you can call your first witness.

25 MS. HARVY: Thank you, Your Honor. We ask

26 also that all other witnesses be excluded from the

27 courtroom and we're calling Deputy Jason Louis to the

28 stand.

1 THE COURT: All right.

2 THE CLERK: You do solemnly swear the

3 testimony you are about to give in the cause now pending

4 before this court shall be the truth, the whole truth,

5 and nothing but the truth, so help you God?

6 THE WITNESS: I do.

7 THE CLERK: Please be seated.

8 Please state your full name and spell your

9 last name for the record.

10 THE WITNESS: Jason Louis, L-o-u-i-s.

11 THE COURT: You may proceed counsel.

12 MS. HARVY: Thank you.

14 JASON LOUIS,

15 witness called by the People, was examined

16 and testified as follows:

18 DIRECT EXAMINATION

19 BY MS. HARVY:

20 Q. Deputy Louis, you are a deputy with the

21 Ventura County Sheriff's Department?

22 A. Correct.

23 Q. And what is your current assignment?

24 A. I work patrol in Ojai.

25 Q. And how long have you been a sworn peace

26 officer?

27 A. Uh, about four years.

28 Q. And to qualify you for that position you

1 received academy training?

2 A. Yes.

3 Q. And, uh, on April 27th of 2002 were you

4 working in your capacity as a police officer?

5 A. I was.

6 Q. And at, uh, approximately, I think it's 10

7 o'clock, that would be in the morning, 10 o'clock in the

8 morning?

9 A. Yes.

10 Q. Were you in the area of Highway 33 and Shell

11 Road?

12 A. Yes.

13 Q. Okay. And at that time did a brown Datsun

14 pickup truck catch your attention?

15 A. Yes.

16 Q. Could you please tell me why that Datsun

17 pickup truck caught your attention.

18 A. I -- I generally watch license plates and I

19 couldn't read the license plate because of a trailer

20 ball hitch blocking the plate.

21 Q. Okay. So where were you exactly when you

22 first observed the pickup truck?

23 A. In relation to --

24 Q. In relation to the pickup truck?

25 A. Behind it.

26 Q. Approximately how far behind it were you?

27 A. I don't recall.

28 Q. Was it within 50 feet?

1 A. Approximately.

2 Q. And, uh, I mean, could it be 75 feet, a

3 hundred feet; as close as you can to an approximate.

4 THE COURT: Probably between 50 and a hundred.

5 Close enough for me to be able to see it, to read it.

6 Q. And from where you were, uh, you said you

7 couldn't read the plate, what exactly did you -- could

8 you describe what was wrong with ... (indiscernible?)

9 A. There -- there was a trailer ball hitch which

10 usually holds a boat or a trailer blocking the plate so

11 it couldn't be read.

12 Q. Uh, by that you mean you couldn't read some of

13 the numbers on the plate?

14 A. Yes.

15 Q. And you could -- from where you were, I guess,

16 from however from driving behind, uh, couldn't read the

17 full license plate on that vehicle?

18 A. Yes.

19 Q. And so base -- based on that observation what

20 did you do next?

21 A. I initiated a traffic stop on the vehicle.

22 Q. And at some point did you contact the driver

23 of that car?

24 A. I did.

25 Q. And do you see the individual that you

26 contacted, uh, that day in the courtroom today?

27 A. Yes.

28 Q. Would you please point out where he is sitting

1 and what ... (indiscernible.)

2 A. He's wearing a black and gray Pendleton, dark

3 pants.

4 THE COURT: He's identified Mr. Sprinkle.

5 MS. HARVY: Thank you.

6 Q. Uh, and, uh, please describe what was it the

7 person did after you had ... (indiscernible) the

8 defendant?

9 A. I approached him and asked for driver's

10 license, registration and insurance.

11 Q. And were you provided driver's license, uh,

12 insurance, registration?

13 A. I was.

14 Q. You were?

15 A. I was not provided driver's license, I was

16 provided insurance and registration.

17 Q. Okay. Uh, and did you -- did you ask the

18 defendant, uh, specifically for a driver's license after

19 receiving the insurance and registration?

20 A. Yes.

21 Q. And did the defendant make any statements to

22 you regarding having a driver's license?

23 A. He told me he did not have a driver's license.

24 Q. And after, uh, asking the defendant for that

25 and learning that he did not have a driver's license,

26 what did you do next?

27 A. I asked him his name.

28 Q. And what did he tell you, sir?

1 A. He told me his name and his date of birth so I

2 could run him on the computer.

3 Q. Do you recall the name and date of birth that

4 he gave you?

5 A. He gave me the name of Charles Sprinkler. And

6 I'd have to refer to my report to get his date of birth.

7 Q. Please do?

8 A. Is 10-11-35.

9 Q. And that's at the information the defendant

10 told you?

11 A. Yes.

12 Q. Okay. And, uh, what did you do with that

13 information?

14 A. I ran his name -- name and date of birth

15 through dispatch, and he came back not having a driver's

16 license.

17 Q. And what did you do after learning that the

18 defendant did not have a driver's license through

19 dispatch?

20 A. I wrote out a citation and wrote up a citation

21 for the violation.

22 Q. And what was this violation you said you wrote

23 up a citation a violation of?

24 A. Vehicle Code 12500(a), unlicensed driver.

25 Q. Did you discuss with him, uh, what you were

26 doing, why you were citing him?

27 A. Yes, I did.

28 Q. And did he have any response as you talked to

1 him?

2 A. He told me he didn't need to have a driver's

3 license because of a case back in the '70s where he sued

4 another officer, and I believe he said it was -- it was

5 the supreme court that told him he did not have to have

6 a driver's license.

7 Q. And it's after that conversation that you

8 cited the defendant --

9 A. I did.

10 Q. -- for 12500?

11 A. Yes.

12 Q. And what happened -- what happened next? Was

13 he released?

14 A. Yes.

15 Q. Okay. And what happened with the, uh, the

16 car?

17 A. His passenger, it was her truck, and his

18 passenger had a valid driver's license, I allowed her to

19 drive it away.

20 Q. Do you recall the name of that passenger?

21 A. I have -- I believe it was --

22 Q. Please refer to your report if you need to.

23 A. Jan Tegard.

24 Q. Okay. And so Ms. Tegard was a passenger in

25 the car?

26 A. Yes.

27 Q. And, uh, you said that she did have a driver's

28 license.

1 A. Yes.

2 Q. And was she the registered ower of the car?

3 A. Yes.

4 Q. Okay. And so, uh, then you allowed Ms. Tegard

5 to drive the vehicle?

6 A. Yes.

7 Q. Was there anything else that happened after

8 that?

9 A. No.

10 MS. HARVY: Thank you. No further questions

11 at this time.

12 THE COURT: Cross-examination.

14 CROSS-EXAMINATION

15 BY MR. SPRINKLE:

16 Q. Uh, you say you -- you, uh, couldn't run --

17 could not read the license plate because of an inch and

18 a half ball?

19 A. I didn't say the size I just said that there

20 was a trailer ball hitch blocking the plate, I couldn't

21 read some of the numbers.

22 Q. What distance did you say it was readable?

23 A. I -- I don't recall exact -- are -- are you

24 asking how far away I was? I don't recall exactly. I

25 would estimate somewhere within 50 to a hundred feet.

26 Q. How long -- how long did you, uh, follow

27 behind?

28 A. I don't recall.

1 Q. When did you notice -- you have no idea what

2 the distance was when you noticed the trailer ball?

3 A. I do not. Just an estimation.

4 Q. Did you, uh, realize the truck is 30 years

5 old?

6 MS. HARVY: Objection not relevant.

7 THE COURT: You want to be heard?

8 MR. SPRINKLE: Sir?

9 THE COURT: Why is it relevant?

10 MR. SPRINKLE: Why is it relevant?

11 THE COURT: The age of the truck.

12 MR. SPRINKLE: When that truck was built,

13 that's a factory -- factory installed bumper with a

14 factory drilled hole with a factory -- for the trailer

15 ball, a factory drilled hole for the license plates, and

16 at that time that trailer ball was legitimate, within

17 the law.

18 And the law that, as he's spoken, when the DMV

19 is, uh, is the law made more recent than that ball was

20 installed on the truck and therefore it's an ex post

21 facto. Law doesn't apply to that truck and --

22 THE COURT: I'll let you answer the question.

23 MR. SPRINKLE: Should know that.

24 THE COURT: What was the age of the truck?

25 THE WITNESS: I do not know the age of the

26 truck when I stopped it.

27 THE COURT: Do you know it now?

28 THE WITNESS: Uh, I'd have to refer to my

1 report.

2 THE COURT: Why don't you do that.

3 THE WITNESS: It's a 1973 Datsun, so it's 30

4 years old.

5 THE COURT: Okay. Your next question.

6 Q. MR. SPRINKLE: Do you know when the law was

7 written to -- about these, uh, obstructions of license

8 plates?

9 A. No, I don't.

10 MR. SPRINKLE: My -- my research is short on

11 that also. That's part of why I was asking for a

12 continuance on this.

13 Q. You say the defendant had asked you or told

14 you that the supreme court found in his favor?

15 A. Yes.

16 Q. And you also state that, uh, that the

17 defendant told you his name was Charlie Sprinkler?

18 A. I believe it was Charles Sprinkler. I have to

19 refer to my report.

20 Q. Gave you the date of 1935 as his birth date?

21 A. I'd have to refer to my report.

22 THE COURT: Why don't you do that.

23 MR. SPRINKLE: I'm just confirming.

24 THE WITNESS: Gave me the date of birth of

25 10-11-35 and the name of Charles Sprinkler.

26 MR. SPRINKLE: Okay. I think that's all the

27 questions I have for the officer at the moment. I'd

28 like to possibly recall him later.

1 THE COURT: Okay. Uh, redirect?

2 MS. HARVY: No redirect, Your Honor.

3 THE WITNESS: Your Honor, may I add something?

4 THE COURT: Sure.

5 THE WITNESS: Even trucks today have the hole

6 for the bumper for the trailer hitch. But every truck

7 that I've ever seen, the hitch comes off by unscrewing

8 the bottom and removing the ball.

9 THE COURT: Okay. You can step down. If

10 you'll just remain in the vicinity here in case you need

11 to be recalled.

12 MS. HARVY: No further evidence by the people,

13 your Honor.

14 THE COURT: Do you have evidence, uh,

15 Mr. Sprinkle.

16 MR. SPRINKLE: Like to call a witness.

17 THE COURT: Sure.

18 THE CLERK: Do you solemnly swear that the

19 testimony you are about to give in the cause now pending

20 before this court shall be the truth, the whole truth

21 and nothing but the truth, so help you God.

22 THE WITNESS: Yes.

23 THE CLERK: Please be seated in the witness

24 stand.

25 Please state your full name and spell your

26 last name for the record.

27 THE WITNESS: Janet L. Tegard, T-e-g-a-r-d.

28 THE COURT: You may proceed, sir.

1 THE WITNESS: My turn?

2 THE COURT: Uh-huh.

4 JANET L. TEGARD,

5 witness called by the defendant, was examined

6 and testified as follows:

9 DIRECT EXAMINATION

10 BY MR. SPRINKLE:

11 Q. Ms. Tegard, you was with the defendant on the

12 date he was stopped on the 101 by Mr. Louis?

13 A. Yes.

14 Q. Sure?

15 A. Yes.

16 Q. Did you hear all the conversation that was --

17 went on between the two?

18 A. Not between Mr. Louis and the defendant but --

19 Q. Was you in the vehicle when Mr. Louis was

20 asking questions of Mr. -- of the defendant?

21 A. Yes.

22 Q. Okay. Was you in the vehicle when Mr. Louis,

23 the Deputy Sheriff, asked Mr. Sprinkle for the -- for

24 his driver's license?

25 A. Yes.

26 Q. Would you repeat to the Court here what

27 Mr. Sprinkle said to the --

28 A. "That I don't have one."

1 Q. Was there any other conversation?

2 A. He asked for you to get out of the car and I

3 was told to stay in the vehicle.

4 Q. Did, uh, did you hear --

5 A. And he said that he stopped --

6 Q. -- the defendant give the officer his name?

7 A. Not right away.

8 Q. Did you hear the off -- defendant give the

9 officer his name?

10 A. Oh, yes.

11 Q. What name did the defendant give to the

12 officer?

13 A. Sprinkle, Charles Sprinkle.

14 Q. What date of birth did the office -- did --

15 A. 1939.

16 Q. When the officer asked why I didn't have a

17 driver's license what was the defendant's answer?

18 A. That you didn't need one.

19 Q. Is that all?

20 A. That's mainly kind of what I heard.

21 Q. Did the defendant try to give the officer

22 anything to read?

23 A. That I don't remember.

24 Q. Did you have any -- hear any conversation

25 about the defendant and the officer at the back of the

26 truck?

27 A. No.

28 Q. There was a back-up officer called. Did you

1 talk to him at all?

2 A. Yes.

3 Q. Where did you talk to him?

4 A. On the passenger's side of the vehicle.

5 Q. How did you talk to him -- how did you get to

6 the position to talk to him if you was in the truck and

7 he was outside?

8 A. Well, he come up to my window and asked me how

9 I was doing. I said fine. And I asked him why I was

10 stopped for -- or we were stopped for a trailer ball. I

11 said that I have had the truck since 1980 and had the

12 trailer ball on it since then and never been stopped for

13 it.

14 And he told me, "Well, evidently I got ahold

15 of an officer that didn't have anything else to do."

16 And then he also told me that did I know legally that I

17 could beat a ticket if I went through a stoplight with

18 the cameras. And I said "I didn't think about that."

19 And then I asked him what I was supposed to do

20 with the trailer ball. And he said either turn it

21 upside down or take it off.

22 Q. Can you read that license plate with that

23 trailer ball on there?

24 A. Yes.

25 Q. From a standing position at 30 feet?

26 A. Yes.

27 Q. How about 40 feet?

28 A. Probably.

1 Q. Well, I mean if you got the glasses on.

2 A. Oh, I don't know if I could or not.

3 Q. In your opinion, is that trailer ball blocking

4 the numbers on that license plate?

5 A. Not all of 'em, no.

6 Q. Does it block any of 'em?

7 A. Well, partial, one of the numbers in the

8 middle or letter in the middle. But I've seen worse

9 where half of the numbers of all of 'em are been

10 missing.

11 Q. Are there letters in the middle of your

12 license plate?

13 A. No, I think it's a number.

14 Q. I don't think there's anything in the middle

15 of your license plate; there's only six letters on it?

16 Middle of that license plate with a trailer ball is

17 empty?

18 A. No, I think there's a number behind it. But

19 the number can be determined what it is because I've

20 looked at it before to find out.

21 MR. SPRINKLER: Okay. No further questions at

22 the moment.

23 THE COURT: Cross?

24 MS. HARVY: Yes, briefly, Your Honor.

26 CROSS-EXAMINATION

27 BY MS. HARVY:

28 Q. Uh, you were in the car on April 27th, 2002

1 when the defendant was stopped by Officer Louis or

2 Deputy Louis?

3 A. Yes.

4 Q. And so you heard the defendant -- well, first

5 of all, you saw -- did you see the defendant at any

6 point give Deputy Louis a valid California driver's

7 license?

8 A. No.

9 Q. And I think you testified on direct that you

10 heard the defendant state to the officer that he did not

11 have one.

12 A. Yes.

13 Q. And that he stated reasons why.

14 A. Mm-hmm.

15 Q. And you're also saying today that there is a

16 tow ball hitch on your -- on your truck, you're the

17 registered owner of the truck --

18 A. Yes.

19 Q. -- that was stopped?

20 And that it does partially block what you

21 think may be a number or a letter on the truck?

22 A. Yes.

23 Q. Or on the license plate rather.

24 A. Yeah.

25 Q. Uh, and as far as you remember hearing was,

26 uh, the reason for the stop was the blocked, uh, license

27 plate, you know, not being visible or whatever, uh,

28 explained to the defendant?

1 A. Yes.

2 MS. HARVY: Thank you. No further questions.

3 THE COURT: Redirect.

5 REDIRECT EXAMINATION

6 BY MR. SPRINKLE:

7 Q. You say you, uh -- you -- how long -- you

8 owned that truck since 1980?

9 A. Mm-hmm.

10 Q. How often do you pull a trailer?

11 A. It varies. I mean, maybe once a year or maybe

12 every other year or something like that. Depends on

13 work.

14 Q. Do you carry the tools with you to change that

15 ball off and on all the time you need it?

16 A. Well, I've got tools but I don't carry 'em

17 just to take that ball off or put on.

18 Q. What kind of a problem would it be to take

19 that ball off and on?

20 A. Just getting a few wrenches evidently and

21 just --

22 Q. Do you know anybody who does that?

23 A. A lot of people, I guess. If they're strong

24 enough. But I've seen other people with ball valves on

25 and don't take 'em off or turn 'em upside down that are

26 on the back.

27 MR. SPRINKLE: That's all for me.

28 MS. HARVY: Nothing further, Your Honor.

1 THE COURT: Thank you, ma'am. You can step

2 down.

3 MR. SPRINKLE: Like to call myself as a

4 witness.

5 THE COURT: Okay.

6 THE CLERK: You do solemnly swear the

7 testimony you are about to give in the cause now pending

8 before this court shall be the truth, the whole truth,

9 and nothing but the truth, so help you God?

10 MR. SPRINKLE: I do.

11 THE CLERK: Please be seated.

12 Will you state your full name and spell your

13 last name for the record.

14 MR. SPRINKLE: Charles Sprinkle.

15 S-p-r-i-n-k-l-e.

16 THE COURT: Go ahead and --

17 MR. SPRINKLE: Anything else --

18 THE COURT: We'll go ahead and let you just

19 tell what your story is without questioning yourself.

20 MR. SPRINKLE: All right. Appreciate that,

21 sir.

22 CHARLES SPRINKLE,

23 the defendant herein,

24 called as a witness in his own behalf

25 testified as follows:

27 DIRECT EXAMINATION

28 BY MR. SPRINKLE:

1 MR. SPRINKLE: When Mr. Louis stopped me, and

2 in 1975 I applied this First American Jurisprudence,

3 which is a supreme court decision which states very

4 clearly that I have the right to travel, use an

5 automobile, manipulate an automobile on the city

6 streets. And before, I was told, that I didn't have

7 that right. And I pushed the issue and won it in the --

8 in the federal court in L. A., ninth district.

9 Tried to get Mr. Louis to read the case and he

10 wouldn't touch it, he acted like it was the devil

11 himself.

12 Excuse me a moment, find that in a second.

13 First American Jurisprudence here. Very short.

14 THE COURT: Well, I'm not going to take up the

15 issue of whether you can validly drive a car or not.

16 That's not the issue that's before this Court.

17 MR. SPRINKLE: I understand that. I want to

18 get all this on the record what -- what is not allowed

19 in this court.

20 THE COURT: Well, I'll kind of be the judge of

21 what's not allowed in this court.

22 MR. SPRINKLE: I understand that. I want -- I

23 want to get it on the record what's not allowed.

24 The Sixteenth American Jurisprudence is not --

25 is not testimony or valid in this court?

26 THE COURT: Whatever that means.

27 MR. SPRINKLE: Sixteenth American

28 Jurisprudence is a supreme court decision explaining

1 what liberties as -- are American. State resident,

2 however you want to express it.

3 (Long pause.)

4 THE COURT: Do you have any information you

5 want to give me about this traffic stop?

6 MR. SPRINKLE: None -- none except that the

7 first time that the, you know, the first time that truck

8 has been stopped for a trailer ball blocking the tail

9 plate, license plate, since I've known the vehicle to be

10 on the road. First complaint we've had of it. That

11 makes it an unusual stop. It's a frivolous stop.

12 The -- the Officer did not write a citation

13 for that. He only wrote a citation for the bigger, uh,

14 offense then upgraded that to a misdemeanor when it's

15 only an infraction. There was no violence in the --

16 involved in the conversation. Nobody put their hands on

17 anybody except to shake hands at the end of the

18 conversation. And I told them that they were gentlemen

19 and that was the end of the stop.

20 What I wanted to read into the record was the

21 Sixteenth and second jurisprudence, supreme court

22 decisions that says I do not have to have a driver's

23 license to travel for my own personal business; right to

24 use the highway. Uh, and if there's legislation that

25 can be wrote that forces me to give up my personal

26 property and then confine me for not volunteering to do

27 that or put me in jail or call me a criminal, you can

28 kiss the Constitution goodbye.

1 THE COURT: I haven't heard anybody call you a

2 criminal or try to put you in jail yet.

3 MR. SPRINKLE: Well, it's -- it's -- criminal

4 offense is a misdemeanor, according to the books I been

5 reading unless there's a -- unless there's a --

6 THE COURT: This filed as a misdemeanor?

7 MR. SPRINKLE: -- violence. Unless there's

8 violence in the -- in the altercation at the stop there

9 is no misdemeanor.

10 THE COURT: All right. Do the people have any

11 cross-examination of this witness?

12 MS. HARVY: I just have a question.

14 CROSS-EXAMINATION

15 BY MS. HARVY:

16 Q. Sir, are you saying that you did not tell the

17 officer that your name was in fact Charles Sprinkler?

18 A. Ma'am?

19 Q. Are you saying that you did not tell the

20 officer that your name was Charles Sprinkler?

21 A. I told the, uh, officer the same thing I told

22 this court: "My name is Charles Sprinkle, born 1939."

23 I also gave him my address and my phone number.

24 Q. So my question is -- I guess you're saying you

25 didn't tell him your name was Charles Sprinkler?

26 A. No, ma'am, I did not.

27 Q. And you didn't provide him with the valid

28 California driver's license?

1 A. No I did not. I -- I do not own a -- a

2 driver's -- I do not own a driver's license. I have not

3 asked the State of California for permission to use my

4 roads.

5 Q. So you haven't obtained a driver's license

6 from the DMV?

7 A. My driver's license is -- the Constitution of

8 the United States and the Constitution of California

9 which says I have liberty to use those roads as long as

10 I don't violate somebody else's rights.

11 Q. Sir, I'm asking if at any point you ever tried

12 to obtain or have obtained a California driver's

13 license?

14 A. I didn't under -- hear your question.

15 Q. I'm just asking if you've ever obtained a

16 California driver's license?

17 A. Yes, ma'am I had a -- I had a receipt for

18 paying taxes to the -- for the support of the Highway

19 Patrol up until 1970. In 1970 they started to require a

20 picture and then later on they started requiring the

21 social security number, and then at one time they was

22 even talking about using fingerprints.

23 Q. And at that time in 1970 did you get a

24 driver's license, sir?

25 A. I had a driver's license up until 1970.

26 Q. Up until. And that was here in the State of

27 California?

28 A. State of California.

1 Q. And for that you provided the date of birth of

2 1939, 10-11, 19 --

3 A. 10-11, 1939.

4 Q. Okay. And, sir, when we spoke last week, did

5 you tell me that your date of birth was in fact November

6 11, 1930?

7 A. I don't recall him.

8 Q. Okay. But you're saying today your date of

9 birth is 10-11, 1939?

10 A. My birth date is November 10th.

11 Q. November 10th?

12 A. November 10th.

13 THE COURT: That's 11-11.

14 MR. SPRINKLE: I got it backwards. I'm

15 dyslexic also.

16 Q. MS. HARVY: Okay. And I -- I think that's the

17 confusion, because we have been trying to track this

18 individual under various names and come up with.

19 THE COURT: It's November 10?

20 MR. SPRINKLE: November 10th.

21 Q. MS. HARVY: 1939.

22 A. 1939. I got those two right.

23 THE COURT: Okay.

24 THE WITNESS: I can remember the 19 and the

25 39, I get ... (indiscernible.)

26 MS. HARVY: Thank you. No further questions,

27 thank you.

28 THE COURT: All right, you can step down, sir.

1 MR. SPRINKLE: I've never tried to mislead

2 anybody on anything.

3 THE COURT: Go ahead and have a seat at the

4 counsel table. Do you have any other evidence,

5 Mr. Sprinkle to offer?

6 MR. SPRINKLE: I'd like to recall a witness.

7 The officer.

8 THE COURT: Okay. Officer. He's still under

9 oath.

10 Go ahead. You may proceed, sir.

11 MR. SPRINKLE: My turn?

12 THE COURT: Mm-hmm.

14 RECROSS-EXAMINATION

15 BY MR. SPRINKLE:

16 Q. Mr. Louis, did the defendant act aggressive in

17 any manner?

18 A. No.

19 Q. Physically?

20 A. Not at all.

21 Q. Verbally?

22 A. No.

23 Q. Uh, what reason did you decide to write it as

24 a mis -- uh, a misdemeanor?

25 MS. HARVY: Objection not within his knowledge

26 what this -- why this charge was made as it was.

27 THE COURT: Looks like the Complaint was filed

28 by the district attorney. He cited you for not having a

1 license. That can either be a misdemeanor or an

2 infraction. And the district attorney elected to file

3 it as they did not the officer.

4 MR. SPRINKLE: Okay. That's all.

5 THE COURT: Thank you, officer.

6 MS. HARVY: Actually I have a question of the

7 officer, if you don't mind, Your Honor.

9 REDIRECT EXAMINATION

10 MR. MS. HARVY:

11 Q. Uh, you were -- you said that you were

12 observing the, uh, defendant's car traveling -- when you

13 were behind the defendant's car, you said you were

14 between 50 and a hundred feet? I just want to clarify

15 that, uh, as far as how far -- clarify how far away you

16 were from the vehicle when you could not read the

17 license plate. Uh, where were -- how far away were you

18 at your closest to the vehicle? Approximately. I know

19 it's a long time ago.

20 A. It -- it's a long time ago. Uh, I'll say in

21 every instance in which I make a stop for this same

22 violation, uh, I'll go to the left lane, to the right

23 lane, front and back, as close as I can trying to get

24 the license plate and put it into my computer. If I

25 can't do it, I -- I'll initiate a stop. I would use my

26 car length as a distance. Our cars are -- are

27 approximately 26 feet, so I would say I was between -- I

28 was about 50 feet, 50 to a hundred feet away.

1 Q. Okay. So at the closest you would say that

2 you were at 50 feet?

3 A. Approximately.

4 Q. Just like two car lengths?

5 A. Almost two car lengths?

6 Q. And then at your farthest you were a hundred

7 feet?

8 A. Yes.

9 MS. HARVY: Okay. That was it, no further

10 questions. Thank you.

11 THE COURT: Do you have any questions.

12 MR. SPRINKLE: Yes, sir.

14 RECROSS-EXAMINATION

15 BY MR. SPRINKLE:

16 Q. Did you -- did you pass and get in front of

17 us?

18 A. I don't recall.

19 Q. I don't recall you passing us. I remember you

20 pulling in, I was watching the rearview mirror when you

21 was following the line of traffic, it was passing me, I

22 was doing 65. And you immediately pulled in behind me

23 and put the red lights on. That's as I recall.

24 MS. HARVY: Is that a question? Objection, no

25 question pending.

26 MR. SPRINKLE: There's no question there.

27 Q. Uh, you said it's you recall the situation?

28 A. What are you referring?

1 Q. When you was following traffic it was -- was

2 traveling in excess of 65 mile an hour. I was traveling

3 65, everything on the road was passing me. Including

4 you follow -- bringing up the rear 'cause you was in

5 traffic behind cars coming out of Casitas; there was

6 probably 15 or 20 cars ahead of you between you and me

7 when I got to the freeway?

8 MS. HARVY: Same objection, no question

9 pending.

10 Q. MR. SPRINKLE: Did -- you said is -- is that

11 how you remember the situation; you pulled in out of

12 faster traffic in behind me and stopped me?

13 A. I don't recall. I -- I know you were going

14 65, I put that on your ticket.

15 Q. 55?

16 A. 65.

17 MR. SPRINKLE: 65. That's all I have for this

18 -- can I call or recall my other witness?

19 THE COURT: What's she going to say? What is

20 she going to say.

21 MR. SPRINKLE: I want to ask her about what

22 happened just before the stop.

23 MS. HARVY: It's not relevant, Your Honor.

24 THE COURT: What happened? What do you mean?

25 You can step down officer.

26 MR. SPRINKLE: He testified that he usually

27 pulls in front of and behind trying to -- to get a

28 license number to put in his computer.

1 THE COURT: That's not what he said.

2 MR. SPRINKLE: Huh?

3 THE COURT: He said he -- he can't read the

4 license plate when he's behind the car, then he stops

5 the car. He didn't say anything about pulling in front

6 of.

7 MR. SPRINKLE: Well, I think -- already had --

8 she's already testified the license plate can be read.

9 THE COURT: Okay.

10 MR. SPRINKLE: There's no need for her.

11 THE COURT: All right. You want to argue your

12 case.

13 MR. SPRINKLE: Everything else that I can say

14 would be redundant.

15 THE COURT: Well, the law says in 5201 of the

16 Vehicle Code that the license plate has to be clearly

17 visible. That means all the numbers. And if it's not

18 then it's a violation of the vehicle code. That's

19 pretty clear. I don't know, and I looked in my local

20 book here, when that statute was enacted, and I can't

21 tell from the book, but it really doesn't make any

22 difference. Because when a law is enacted, if you

23 commit that crime after the law is enacted, then you

24 have violated that section, and it's not ex post facto

25 even if you were violating that law before it was

26 enacted.

27 Ex post facto means that they're trying to

28 charge you with a crime that occurred before the law was

1 enacted, and that's not the case here. The law was

2 clearly in effect and has been in effect for years. And

3 once the law goes into effect, just like any law, such

4 as riding a motorcycle with a helmet on, once the law

5 goes into effect all motorcycle riders had to put a

6 helmet on. They couldn't be cited for riding that

7 motorcycle before the law went into effect because that

8 would be an ex post facto application of the law.

9 So your argument that it's ex post facto is

10 not well founded because the violation occurred when the

11 law was -- was and has been in effect for a number of

12 years.

13 MR. SPRINKLE: It still --

14 THE COURT: So he stop you for it.

15 MR. SPRINKLE: It was -- it was a frivolous

16 stop because he didn't bother to write it up as a

17 violation.

18 THE COURT: The law gives the, uh -- the

19 officer the discretion what he wants to do with

20 violations. I'm sure you've heard some people in your

21 life that have been stopped by a peace officer for

22 violations and they got turned loose with a warning and

23 not a ticket where the officer could have easily got out

24 his ticket book and written a citation. The officers

25 have discretion of what to do. They can warn a person,

26 they can issue a citation, in some instances they can

27 effect an arrest.

28 MR. SPRINKLE: Then there's no sure thing as a

1 frivolous stop.

2 THE COURT: Well, frivolous is a term that's

3 not -- it's not well used in this situation. Was it a

4 significant violation? No, it wasn't significant. But

5 was it a violation of the vehicle code? Yes.

6 Because the truck wasn't -- didn't come out of

7 the factory with a ball on the end of that bed. The

8 ball was installed by someone after the truck left the

9 factory. I agree with you. I had a truck with a ball

10 that mounted and it came up and covered the license

11 plate where you couldn't read it. The simple problem

12 that you have is when you're not towing, take the ball

13 off and then your license plate isn't obstructed. When

14 you're towing you can't see it anyway you see the

15 license plate on the end of your tow vehicle.

16 So that's simply what the law requires. Do

17 you get stopped every day for this kind of a violation?

18 I doubt it. I think the officers probably have more

19 important things to do. But this happened to be a time

20 where he saw the violation, stopped you, decided to give

21 you a warning and found out in the process that you

22 didn't have a driver's license. Which bought you here

23 to court. That's kind of the way it sizes up to me.

24 MR. SPRINKLE: Then the Sixteen American

25 Jurisprudence carries no water in the court.

26 THE COURT: The law is very clear, you have to

27 have a driver's license. I mean, even common sense

28 would tell you that people who drive on the highway need

1 to have some level of skill. I'm sure you wouldn't --

2 MR. SPRINKLE: I agree with that --

3 THE COURT: -- I'm sure you wouldn't --

4 MR. SPRINKLE: -- a hundred percent.

5 THE COURT: -- you wouldn't espouse to the,

6 uh, notion that a 10-year-old child could get behind the

7 wheel of a car and then espouse your version that he has

8 a right to travel on the highway as well as anyone --

9 MR. SPRINKLE: No, never -- never know, huh.

10 THE COURT: Then -- then --

11 MR. SPRINKLE: I also have a pilot's license,

12 or what is referred to as a pilot's license. I have a

13 pilot's certificate. I went to school and learned

14 everything they had to teach me at the school and they

15 gave me a certificate. And that's what is commonly

16 referred to as a pilot's license. It's not a license,

17 it's a certificate.

18 THE COURT: Then how would a state regulate

19 people driving cars to assure that they have --

20 MR; SPRINKLE: Same way.

21 THE COURT: -- that they have the minimum

22 qualifications to get behind --

23 MR. SPRINKLE: ... (indiscernible) ...

24 THE COURT: -- the wheel?

25 MR. SPRINKLE: They would have a certificate,

26 and it would be a lot better system if that individual

27 went to a doctor and got health checked every couple of

28 years, and as they get older every other -- every year.

1 THE COURT: So you think the state can -- can,

2 uh --

3 MR. SPRINKLE: State doesn't have to have

4 anything to with it --

5 THE COURT: -- can enact a law that says that

6 you have to go get a doctor's certificate every --

7 MR. SPRINKLE: Federal does. If I want to fly

8 an airplane I have to get a medical certificate that

9 says I'm in good health; I can see, I can hear and I'm

10 not going to die at the stick on a landing.

11 THE COURT: Then why do you dis -- not

12 disagree about that when you disagree with --

13 MR SPRINKLE: Because they do not violate my

14 constitutional rights to get it.

15 THE COURT: You can go down to any DMV and get

16 it, everybody in the world --

17 MR. SPRINKLE: Give up my property to the DMV

18 without any -- any compensation; they can use all that

19 -- all that material as -- as evidence in any criminal

20 case, and they state right in their own book that that's

21 what they're going to do with it.

22 THE COURT: Well, you object --

23 MR. SPRINKLE: No investigations.

24 THE COURT: You object to having your social

25 security number, your photograph --

26 MR. SPRINKLE: Fingerprints.

27 THE COURT: -- and your fingerprint. In order

28 to get that --

1 MR. SPRINKLE: ... (indiscernible.

2 Overlapping voices.)

3 THE COURT: But in order to get --

4 MR. SPRINKLE: ... (indiscernible) ... is --

5 is also put -- hooked to that receipt for the highway

6 patrol's monies is what that money goes for, money for

7 driver's license goes to the Department of California

8 Highway Patrol --

9 THE COURT: And --

10 MR. SPRINKLE: ... (Overlapping voices.)

11 THE COURT: -- and to Caltrans and to the

12 Department of Motor Vehicles --

13 MR. SPRINKLE: ... (overlapping voices) ...

14 for taxes.

15 THE COURT: Sure.

16 MR. SPRINKLE: And eventually it's become an

17 unconstitutional object by depriving me of my personal

18 property where they're -- it -- it's not very much, a

19 picture of me is not very much, I could guarantee you

20 that. But it is mine.

21 THE COURT: Well --

22 MR. SPRINKLE: My fingerprints aren't worth --

23 THE COURT: Well, I'm not taking up the issue

24 of whether you can have a license or not, it's an

25 interesting conversation, but this motion simply is:

26 "Could the officer lawfully stop you for what he saw as

27 a violation of the vehicle code?" Yes, he could, and he

28 did.

1 MR. SPRINKLE: I have no problem -- no -- no

2 complaints of that he can stop me anytime he wants to.

3 THE COURT: Well --

4 MR. SPRINKLE: Be more than glad to --

5 THE COURT: -- no, that's not true. He can't

6 stop you anytime he wants to. He has to have a

7 legitimate reason. And if that ball's not on the truck

8 any more then --

9 MR. SPRINKLE: The fact that he knows me is

10 reason enough.

11 THE COURT: Then -- then that takes -- well,

12 he may know you don't have a license, and that may not

13 be a good -- a good deal for you but for the purpose of

14 this motion there is sufficient evidence that the

15 officer had probable cause to stop you, and the Court so

16 finds, and so your motion to suppress is denied.

17 MR. SPRINKLE: I didn't have any doubts that's

18 the way this would go.

19 THE COURT: Well, you hate to think things are

20 predetermined, and I have not denied every motion that's

21 come up to this courtroom, but it wasn't really a hard

22 one when your witness said the number was obscured by

23 the ball on the trailer -- or on the bumper.

24 You're set for trial in what two, three days?

25 MR. SPRINKLE: I have a motion in for

26 dismissal.

27 THE COURT: He's in ...

28 A VOICE: ... (indiscernible/inaudible.)

1 THE COURT: Monday morning?

2 MS. HARVY: ... (indiscernible/inaudible.)

3 THE COURT: You want to change the trial date?

4 MS. HARVY: Yeah, we discussed this. He wants

5 to have ... (indiscernible.)

6 MR. SPRINKLE: I want to waive time and

7 continue. I'll need -- I need to file a motion here for

8 hearing on the ... (indiscernible) ... uh, motion for

9 continuance to the 11th.

10 THE COURT: Of March?

11 MR. SPRINKLE: March.

12 THE COURT: And the people have no objection

13 to that.

14 MS. HARVY: No.

15 THE COURT: And is that for trial and any

16 motion you want to file?

17 MR. SPRINKLE: Whatever -- whatever you guys

18 are going to hammer me with.

19 MS. HARVY: We're prepared for trial ...

20 (indiscernible.)

21 THE COURT: All right. Vacate the date of the

22 twenty -- what was it, the 24th? Vacate that date. Put

23 it on calendar March 11 at 9 o'clock for trial. And

24 Mr. Sprinkle is willing to waive time so I can do that?

25 MR. SPRINKLE: Yes, sir.

26 THE COURT: Okay. We'll show time is waived.

27 They'll see you on the 11th in Courtroom 14.

28 MS. HARVY: Thank you, your Honor.

1 THE COURT: Okay.

2 MR. SPRINKLE: Courtroom 14?

3 THE COURT: Yeah. Back down to master

4 calendar.

5 ---oOo---

1 SUPERIOR COURT OF THE STATE OF CALIFORNIA

2 FOR THE COUNTY OF VENTURA

3 COURTROOM 14 HON. KEN W. RILEY, JUDGE

5 PEOPLE OF THE STATE OF CALIFORNIA, )

)

6 Plaintiff, )

)

7 vs. ) No. 2002013441

)

8 CHARLES SPRINKLE, )

)

9 Defendant. )

___________________________________)

11 REPORTER'S TRANSCRIPT OF DIGITAL

RECORDED PROCEEDINGS

13 March 11, 2003

16 APPEARANCES:

17 For Plaintiff: MICHAEL D. BRADBURY

District Attorney

18 BY: ROGER INMAN

Deputy District Attorney

19 800 South Victoria Ave.

Ventura, CA 93009

20 (805) 654-2500

21 For Defendant: CHARLES SPRINKLE

In Propria Persona

22 (805) 640-0439

TRANSCRIBED BY: MARTIN Y. HECKERMAN, RPR, CSR 1151

24 Official Reporter

800 South Victoria Avenue

25 Ventura, California 93009

(805) 662-6652

Page 52

1 VENTURA, CALIFORNIA; TUESDAY, MARCH 11, 2003

2 A.M. SESSION

3 ---oOo---

5 THE COURT: Uh, Charles Sprinkle. Mr. Sprinkle. This matter's on for jury trial today. Are you ready to go to jury trial, Mr. Sprinkle?

8 MR. SPRINKLE: No, sir. I filed notice of appeal yesterday.

10 THE COURT: Well, you can't appeal something until -- uh, there's nothing to appeal.

12 MR. SPRINKLE: Yes, sir, I can.

13 THE COURT: Well, uh --

14 MR. SPRINKLE: Read the motion.

15 THE COURT: Well, I'm going to deny --

16 MR. INMAN: He's -- he's, uh -- he's probably appealing the 1538.5 to suppress. (Inman is an angry looking prosecutor. I think that he prosecuted me on my traffic tickets. He is referring to the fact that the statute clearly states that Charlie can appeal his 1538.5 motion BEFORE trial.)

18 MR. SPRINKLE: Yes. You have a copy of the --

19 MR. INMAN: I don't have a copy. (Watch this. Charlie has his ducks in a row.)

20 MR. SPRINKLE: I got another one for you. Here you go.

22 THE COURT: He's appealing the 1538.5.

23 MR. SPRINKLE: Yes, sir. 1638.5.

24 THE COURT: 1538.

25 MR. SPRINKLE: 15 or 16?

26 MR. INMAN: 15.

27 MR. SPRINKLE: Well, ... (indiscernible).

28 THE COURT: Mr. Inman, what do you want to do?

1 MR. INMAN: I ... (indiscernible.)

2 THE COURT: All right, Mr. Sprinkle, do you

3 want me to continue this matter and you waive time for

4 you to do your appeal?

5 MR. SPRINKLE: Yes, sir.

6 THE COURT: All right. I'll continue this matter till June 9th at 9 o'clock for jury trial, that's 90 days, and ask you to waive time for 30 days after that till, uh, July 9th. Is that all right with you? And then you can go ahead and pursue your appeal. All right?

12 MR. SPRINKLE: I got to file my appeal?

13 THE COURT: Well, you have to pursue your appeal now.

15 MR. SPRINKLE: Correct.

16 THE COURT: Yeah. But you have to do that – uh, the jury trial's continued till the 9th of June and I'm showing that you're waiving time until July 9th for the jury trial.

20 MR. SPRINKLE: You got it.

21 THE COURT: Okay. Then you need to go ahead and do the stuff you need to do to perfect your appeal.

23 MR. SPRINKLE: Right.

24 THE COURT: Okay. All right. So you don't have to come back in here till --

26 MR. SPRINKLE: Is there -- is there any way we can hur -- hurry up the record so people will get these transcripts any faster.

1 THE COURT: Not that I know of. Just have to

2 -- actually what you need to do is -- well, uh, there's

3 ways you can do it without the transcripts. But I can't

4 give you legal advice at --

5 MR. SPRINKLE: All right.

6 THE COURT: -- this point. So ...

7 ---oOo---

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF VENTURA

PEOPLE OF THE STATE OF CALIFORNIA, )

)

Plaintiff, )

)

vs. ) No. 2002013441

)

CHARLES SPRINKLE, ) REPORTER'S

) CERTIFICATE

Defendant. )

___________________________________)

I, MARTIN Y. HECKERMAN, CSR 1151, Certified

Shorthand Reporter of the State of California, for the

County of Ventura, do hereby certify that the foregoing

pages numbered 3 through 54, inclusive, are a full, true

and correct transcript of the digital recorded testimony

and/or proceedings held on February 14, 21 and March 11,

2003 in the above-entitled cause, and that said digital

recorded proceedings were transcribed by me to the best

of my ability.

Dated at Ventura, California, this 15th day of

June, 2003.

__________________________________

MARTIN Y. HECKERMAN, RPR, CSR 1151

Official Reporter

Lawyerdude says: This is transcript was taken from a floppy disk stored in yellow folder #515 in black crate #28. Marty Heckerman sent it to me or to Charlie.

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