REDIRECT EXAMINATION BY MR. DISTRICT ATTORNEY:
Q: You testified that not every car was stopped. Why is that?
A: Part of the DUI checkpoint process is to allow motorists to go through, not every vehicle to stop.
Q: Do you know who was in charge of setting up the checkpoint?
A: It would be Detective Curry and Detective Huelsen, but primarily Curry, and Sergeant Brooks oversees the whole operation.
MR. DISTRICT ATTORNEY: Thank you. Nothing further.
THE COURT: Anything further based on that?
MR. ROSENFELD: No, your Honor.
THE COURT: You may step down.
THE WITNESS: Thank you.
THE COURT: Does that complete all testimony by the People?
MR. DISTRICT ATTORNEY: People would also call Detective Huelsen given that he sets up the checkpoint.
THE COURT: It is your case.
MR. ROSENFELD: Defense would continue to object, as that officer was excused as well.
THE COURT: Your objection is noted. Overruled.
THE COURT: Officer, would you please take the witness stand. Restate your name for the record.
THE WITNESS: Detective David Huelsen, L.A. County Sheriffs Department.
THE COURT: You recall you are still under oath?
THE WITNESS: Yes, your Honor.
DIRECT EXAMINATION (recalled) BY MR. DISTRICT ATTORNEY:
Q: Detective Huelsen, did you participate in the setting up of the checkpoint that took place on June 28th, at PCH and Carbon Canyon?
A: Yes, I did.
Q: Were you present for any of the publication of the checkpoint’s existence at that date, time and location?
A: I wasn’t actually present when they contacted the media, but I know that we do that. We follow checklist, and every checkpoint is publicized in a local print media. We have a network of media outlets that we notify every time.
Q: How are you familiar with that?
A: I work in the traffic office and I do participate in certain aspects of checkpoint set up; however, I am not qualified as a checkpoint manager but I am very involved in the operation of checkpoints because I am in the traffic office with the people that do manage them.
Q: Were you participating yourself in some of the initial stops of cars at the checkpoint?
A: Yes.
Q: And when you stopped the cars, what was the scope of your questioning?
A: The scope of our questioning is simply have you had anything to drink tonight, and may we see your driver license.
Q: Did you observe other officers participating in the stopping of the vehicles?
A: Yes.
Q: And were they following that same formula?
A: Yes.
Q: And were you able at any point to observe any warning signs that were set up for this checkpoint?
A: Yes.
Q: Can you describe them please.
A: We have numerous signs that we utilize to set up a checkpoint, guide vehicles and to warn them prior to them actually entering the screening area. We have to give them opportunity to turn legally prior to entering the screening area, which we do.
Q: How is that provided?
A: Those are provided with signage indicating that, you are about to enter a DUI and California driver license screening, checkpoint area, and it is warning you prior to getting into an area where you can no longer turn out of. So we give you the ability to make a legal turn prior to entering that area.
Q: And those are.
THE COURT: Was that done on this occasion?
THE WITNESS: Yes it was, your Honor.
THE COURT: Can you explain how that was done on this occasion for somebody to make an appropriate turn legally and leave that area if they did not wish to through it.
THE WITNESS: Yes, your Honor. We place signage prior to an intersection where you can legally turn out and not enter the screening area. That is simply that.
THE COURT: And what was the intersection in this case?
THE WITNESS: Can I refresh my memory utilizing the report?
THE COURT: Sure.
THE WITNESS: I see the screening area was PCH and Carbon Canyon. I can’t exactly remember exactly where we placed the signs indicating where, warning of the checkpoint and what that intersection was, I can’t recall.
THE COURT: Thank you.
Q: BY MR. DISTRICT ATTORNEY: But you recall them being present?
A: Yes. I was there setting them up. I just don’t remember exactly the streets we put them on.
Q: But they were streets leading north off of PCH?
A: Yes.
Q: So motorists could turn onto one of those streets heading north on PCH in order to.
A: Well, they could turn off of PCH; they could make a right turn onto one of the canyons, go to the canyon or come back around and go the other direction.
Q: Thank you for clarifying. Were there any lights that were set up indicating the presence of the checkpoints?
A: We have lights in the screening area but we don’t set up any lights prior to the screening area where we set up the warning signs; that is just overhead lighting, street lighting.
Q: And are you familiar with that particular stretch of PCH?
A: Yes, I am.
Q: Is there a high incidence of impaired driving at that area?
A: Yes.
Q: What do you base that answer on?
A: I base that on my experience being at the station for years, and also I do the statistics every month, that part of the reporting is the number of DUI arrests and DUI related crashes in the Pacific Coast Highway area of Malibu.
Q: Do you know who set up the checkpoint?
A: I wasn’t involved in setting up the check point. Detective Rich Curry is our, he is the grant manager, he is the team leader. He directs the setup of the check points along with our traffic sergeant, Sergeant Brooks. So the two of them are actually in charge of the actual placement of the signs and other administrative functions.
Q: You said Officer Curry. What is his background?
A: Detective Curry, he is also a traffic investigator detective. He has been in the office for approximately years, has about years on the department.
Q: So he set it up along with Sergeant Brooks, is that correct?
A: Yes.
Q: And are they both supervisory personnel?
A: Sergeant Brooks is our… the office direct supervisor. Detective Curry is an investigator. I guess he technically can be considered a supervisor but he is not; he is not a direct supervisor of the officers in the station. Sergeant Brooks would be our direct supervisor.
MR. DISTRICT ATTORNEY: Nothing further.
THE COURT: Cross.
CROSS EXAMINATION BY MR. ROSENFELD:
Q: You said that your office typically is publicizes checkpoints?
A: Yes.
Q: Do you have personal knowledge in this case that this particular checkpoint was actually publicized?
A: No. Just our customary practice.
Q: You said that you are not qualified as a manager of a checkpoint?
A: No. I have not attended that class yet.
Q: And you stated that the scope of questioning of people going through the checkpoint was limited to whether or not they had anything to drink and their driver license?
A: Yes. That is generally the two questions that we ask when we are screening vehicles that come through.
Q: And you said there were warning signs?
A: Yes.
Q: How many?
A: Prior to entering the screening area, I believe there is on Pacific Coast Highway two warning signs prior to entering the screening area, at some distance apart from each other. I can’t give you the specifics.
Q: And you participate in these checkpoints on a regular basis?
A: Yes.
Q: And that is the common practice?
A: Yes.
Q: But on June 28th in this particular case, do you remember how many signs there were?
A: I can’t tell you that exactly, no.
Q: Can you tell us how far they were spaced out?
A: No, I can’t tell you exactly, no.
Q: Can you tell us what they say?
A: Yes.
Q: Are there any electric signs?
A: No. They are reflective signs.
Q: And there are no lights where the signs are before the checkpoint?
A: We don’t place any of our own lighting mechanisms; we rely on the reflective nature of the signs and in that area the overhead lighting from streetlights.
Q: Where are the signs placed?
A: The signs are placed along the curb line of the roadways.
Q: In this particular case you do not recall a specific intersection where people could turn out?
A: I can’t remember exactly where they put them; I don’t want to answer that, I am not comfortable enough.
Q: Do you know how many DUI arrests were made at this checkpoint on June 28th?
A: I don’t.
Q: On the checkpoint before it, do you know how many DUI arrests were made?
A: No.
Q: On the checkpoint after do you know how many DUI arrests were made?
A: No.
Q: Do you know how many DUI arrests are made in a 30-day period on PCH in your jurisdiction?
A: It varies. I believe it is somewhere between and generally.
Q: What about on Malibu Canyon?
A: That I don’t know, generally that is Highway Patrol that polices that section of our area there.
Q: How many DUIs in a 30-day period does your station usually get?
MR. DISTRICT ATTORNEY: Objection, relevance.
THE COURT: Sustained.
Q:BY MR. ROSENFELD: What about on the 1 Freeway, how many DUIs per month on the 1?
MR. DISTRICT ATTORNEY: Objection, relevance.
THE COURT: Sustained.
Personal Attention
