IN RE THE MATTER OF JOAN SPARROW
JANUARY 25, 2005
HON. JOHN R. JOHNSON, COMMISSIONER
APPEARANCES
OFFICER MIKE MULLEN REPRESENTING THE
HAWTHORNE POLICE DEPARTMENT;
JOAN SPARROW, DEFENDANT, IN PRO PER.
THE COURT: JOAN SPARROW
HOW DO YOU PRONOUNCE YOUR NAME?
MS. SPARROW: SPARROW
THE COURT: ARE YOU READY FOR TRIAL?
MS. SPARROW: YES.
THE COURT: OKAY.
LET’S
PROCEED
WITH HER CASE.
OFFICER MULLEN: ALL RIGHT, YOUR
HONOR. THIS
IS THE INTERSECTION OF HINDRY AND ROSECRANS, NORTHBOUND HINDRY, TWO
RIGHT-TURN
POCKETS, [[TO]] EASTBOUND ROSECRANS. THE
DEFENDANT IS IN THE 1999 CHEVROLET SEDAN
AND IT’S LIGHT IN COLOR. THAT WAS THE
DEFENDANT IN THE RIGHT LANE (INDICATING).
THE COURT: OKAY.
OFFICER MULLEN: I
WILL
REPEAT
IT ONE MORE TIME. THE LIGHT
IS IN THE RED PHASE THE WHOLE TIME AND THERE WAS NO ATTEMPT TO STOP,
SIR.
I REST.
THE COURT: THANK
YOU.
DO
YOU HAVE ANY QUESTIONS YOU WOULD LIKE TO ASK THE OFFICER ABOUT YOUR
TICKET?
MS. SPARROW: THE PICTURE IS VERY
BLURRY SO I AM NOT REALLY
SURE IF IT WAS ME DRIVING THE CAR AT THAT TIME BECAUSE I WORK ON HINDRY
AND ROSECRANS.
I AM BLOCKS FROM THAT LIGHT AND I USUALLY LET MY MOM AND MY SISTER
BORROW THE
CAR.
THE COURT: OKAY,
WELL,
THE
PHOTOGRAPH WAS TAKEN. WE WILL TAKE A LOOK AT IT AND SEE IF I CAN
MAKE A
DISTINCTION.
OFFICER MULLEN: YOUR
HONOR,
THIS
IS OUR CASE WITH THE CALIFORNIA I.D. PHOTO THAT WE COMPARED WITH
THE DRIVER AND THE REGISTERED OWNER.
THE COURT: OKAY.
JUST HAND IT TO THE BAILIFF WHEN YOU
ARE FINISHED.
OKAY. ANYTHING ELSE THAT YOU WOULD
LIKE TO PRESENT BEFORE I
MAKE MY RULING?
MS. SPARROW: I HAVE JUST -- I WORK IN
THAT AREA. I AM 2
BLOCKS FROM THAT LIGHT.
I AM JUST 21. I JUST GOT MY DRIVER’S
LICENSE WHEN I WAS 18,
AND MY INSURANCE IS ALREADY HIGH BECAUSE I AM YOUNG AND I HAVE
INSURANCE ON MY
OWN, AND THAT IS IT.
THE COURT: OKAY.
NOW
THAT
YOU HAVE EXAMINED THE PHOTOGRAPHS, IS THERE ANYTHING ELSE THAT YOU
WANT TO
ADD?
MS. SPARROW: NO.
THE COURT: DO
YOU
WANT
TO GO TO TRAFFIC SCHOOL?
SEE, IT WOULD BE A GOOD IDEA FOR YOU
TO GO TO TRAFFIC SCHOOL
BECAUSE YOU PAID THE MONEY FOR IT, BUT WHEN YOU PAY THE MONEY FOR THE
TRAFFIC
SCHOOL, YOU COMPLETE IT, YOU SEND IN TO COURT THE CERTIFICATE, AND IT
WILL BE
DISMISSED
MS. SPARROW:
I
AM NOT SURE IF IT’S ME OR NOT. IT COULD
HAVE BEEN MY SISTER. WE WERE SHARING CARS AT THAT TIME.
THE COURT: IT
COULD
HAVE
BEEN YOUR SISTER? WELL, I AM GOING
TO PRESENT THIS BACK TO YOU.
AND I WILL HEAR YOUR ARGUMENT AS TO
WHY THIS PHOTOGRAPH
PROVES THE CASE AGAINST HER. I CAN'T
REALLY TELL, BUT I WILL LISTEN TO WHAT YOU HAVE TO SAY.
OFFICER MULLEN:
WELL,
YOUR HONOR, BASED ON THE PHOTOGRAPH FROM THE DRIVER’S LICENSE PICTURE
AND WHAT
WE SEE BEHIND THE WHEEL, THIS PERSON IS LISTED AS REGISTERED OWNER AS
FAR AS --
THE COURT: BUT
SHE
CLAIMS
THAT HER SISTER DRIVES THE CAR, AS WELL.
OFFICER MULLEN:
WITHOUT
SEEING HER SISTER OR A PHOTOGRAPH OF HER SISTER, THERE IS ENOUGH OF A
RESEMBLANCE FOR US TO BELIEVE THAT THIS IS ONE IN THE SAME.
THE COURT: BUT
I
HAVE
TO BE CONVINCED BEYOND A REASONABLE DOUBT AND I WOULDN’T WANT TO MAKE
HER RESPONSIBLE
FOR THIS CITATION IF IT WAS HER SISTER.
ARE YOU TESTIFYING THAT IT WAS YOUR
SISTER THAT WAS DRIVING?
MS. SPARROW: IT MIGHT HAVE BEEN MY
SISTER OR MY MOM BECAUSE
MY MOM AT THAT TIME DID NOT HAVE A CAR EITHER SO USUALLY THEY WILL PICK
ME UP,
DROP ME OFF AT WORK AND USUALLY TAKE THE CAR, BUT THE CAR IS REGISTERED
UNDER
MY NAME.
THE COURT: THERE USED
TO BE A TIME IN THIS TYPE OF SITUATION WHERE THE IDENTIFYING
INFORMATION WOULD
BE GIVEN TO THE AUTHORITIES AND THIS CASE WOULD BE DISMISSED.
DO YOU
STILL DO THAT?
OFFICER
MULLEN: REPEAT THAT.
THE COURT: THERE USED
TO BE A TIME WHEN IF A REGISTERED OWNER COMES IN AND SIGNS AN AFFIDAVIT
INDICATING
WHO THE CAR WAS GIVEN TO, THAT THE CITATION WOULD BE REISSUED IN THAT
PERSON’S
NAME.
OFFICER
MULLEN: THAT IS CORRECT.
THE COURT: WHY DON’T
YOU TALK TO THE OFFICERS ABOUT THIS AND GIVE THEM THE INFORMATION AND I
WILL
DISMISS IT AGAINST --
MS. SPARROW: I AM NOT SURE IF IT WAS
MY SISTER OR MY MOM.
THE COURT: ALL
RIGHT.
THIS
MATTER WILL BE DISMISSED.
THANK YOU.
(END OF PROCEEDINGS.)
[[From official court
transcript. Name of defendant has been changed.]]
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