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非法使用远光灯直怼警察！警察说开远光灯了，司机说没开远光灯！没有证据，谁对谁错？
Judge Rules Officer Right, Even If He Is Wrong – Accepts Prosecution Claim Driver Illegally Used High Beams
法官判定警官是对的，即使他错了-接受起诉声称司机非法使用远光灯
SACRAMENTO – Sacramento County Superior Court Judge Tami R. Bogert Friday noted that an officer in a traffic case could be wrong—as long as the false judgment is reasonable.
萨克拉门托县高等法院法官塔米·博格特周五指出，交通案件中的警官可能是错的——只要错误的判决是合理的。
So even though private defense attorney Martin Tejeda made a telling argument that an officer could have been wrong in judging that his client, defendant Jim Wong, used high beam lights illegally, Judge Bogert ruled against him.
因此，尽管私人辩护律师马丁·特赫达(Martin Tejeda)提出了一个有力的论点，即一名警官在判断他的客户，被告吉姆·黄(Jim Wong)非法使用远光灯时可能是错误的，但博格特法官做出了不利于他的裁决。
Wong was contesting evidence claiming he projected his high beams into the eyes of a highway patrol officer, with defense attorney Tejeda arguing the officer relied merely on his subjective observation on whether the high beams were used.
王对声称他将远光灯射入一名公路巡警的眼睛的证据提出异议，而辩护律师Tejeda则认为该巡警仅仅是根据自己对远光灯是否被使用的主观观察得出的结论。
But, despite his argument, Judge Tami R. Bogert accepted the prosecution’s claim, ruling that the statute allows for an officer to give a false judgment so long as it is reasonable.
但是，尽管有他的论点，法官塔米·r·博格特(Tami R. Bogert)还是接受了控方的要求，裁定只要是合理的，法律允许警官做出错误判断。
According to CHP Officer Utodi Madu’s testimony, he was nearly blinded by an approaching vehicle in Downtown Sacramento on Aug. 23 at around 3:20 a.m. He stated that there was an “intense white light” coming from the vehicle and remembered that he “couldn’t see anything.”
根据卫生防护中心警官Utodi Madu的证词，8月23日凌晨3点20分左右，他在萨克拉门托市中心被一辆驶近的汽车撞得几乎失明。他说有一股“强烈的白光”从车里射出来，并记得他“什么也看不见”。
After waiting for the vehicle to turn, he followed the car and conducted a vehicle enforcement stop. The driver was defendant Wong with his friend, John Nguyen, in the passenger seat. As Madu approached the driver’s side, he said he noticed a blue indicator light on Wong’s dashboard, indicating that his high beams were on.
等车辆转弯后，他跟着车，进行了车辆强制停车。 司机是被告黄与他的朋友，约翰阮，在乘客座位上。 当马杜接近司机的一侧时，他说他注意到黄的仪表板上有一个蓝色的指示灯，表明他的远光灯亮着。
During cross-examination, Madu admitted that neither his body cam nor dash cam were on to capture the defendant’s act. Tejeda also asked him how Madu determined that the lights were not simply
在交叉盘问中，Madu承认他的身体摄像头和车载摄像头都没有捕捉到被告的行为。特赫达还问他，玛杜是如何确定这些光不是简单的
really bright headlights given that this incident occurred at 3 a.m. with no other vehicles around.
鉴于这起事故发生在凌晨3点，周围没有其他车辆，车头灯真的很亮。
But Madu insisted, “I think I’m a good judge of high beams and low beams. When I couldn’t see, I couldn’t see…It was that intense.”
但玛杜坚持说:“我想我对远光和近光的判断很准。当我什么也看不见的时候，我什么也看不见了……那感觉太强烈了。”
After Madu’s testimony, Tejeda then called Wong and Nguyen to testify, and both swore that the high beams were not on and confirmed that the blue indicator light was off.
在Madu作证后，Tejeda又叫来Wong和Nguyen作证，两人都发誓说远光灯没有亮，并确认蓝色指示灯是灭的。
Wong claimed that he is certain that “his headlights were on,” not his high beams, because he also had his fog lights on the entire time, which would automatically turn off if he switched to his high beams. In addition, he testified that when he was pulled over, Officer Madu only told them that his lights were very bright but never brought up seeing a blue indicator light.
黄声称他很确定“他的前灯是开着的”，而不是他的远光灯，因为他的雾灯也一直开着，如果他打开远光灯，雾灯就会自动关闭。此外，他作证说，当他被拦下的时候，Madu警官只告诉他们他的车灯很亮，但从来没有看到过蓝色的指示灯。
Nguyen said he even “glanced over at the dashboard” and made sure that Wong didn’t have his high beams on.
阮说，他甚至“瞥了一眼仪表板”，确定黄没有开远光灯。
However, during their cross-examination, Deputy District Attorney Jordan Pitcher managed to get the duo to admit to drinking several shots of alcohol before getting into the vehicle that night. Despite this fact, Wong assured Pitcher, “At the time, I was not impaired yet because I just drank.”
然而，在他们的交叉盘问中，副地方检察官乔丹·皮彻设法让两人承认当晚在上车前喝了几杯酒。尽管如此，王还是向皮彻保证，“当时我根本没有醉，因为我只是喝了酒。”
Tejeda told the court that Wong is “the most knowledgeable, of all the witnesses, of the vehicle he was driving.” Wong drives the Toyota Sienna minivan and is familiar with how the blue indicator on the dashboard would be activated if his high beams were on.
Tejeda在法庭上表示，在所有证人中，王是“最了解他驾驶的车辆的人”。黄开着一辆丰田西耶娜(Toyota Sienna)小型货车，他很熟悉如果他开着远光灯，仪表板上的蓝色指示灯是如何启动的。
On the other hand, Tejeda pointed out that Madu only relied on his subjective observations, and his only evidence was that Wong’s lights were bright and blinding.
另一方面，Tejeda指出，Madu只依赖于他的主观观察，而他唯一的证据是黄的光是明亮和眩目的。
Judge Bogert affirmed that Officer Madu did not have to be certain of whether the high beams were actually on. The purpose of a traffic enforcement stop is for an officer to investigate, even if he turned out to be wrong.
博格特法官确认，Madu警官不必确定远光灯是否真的开着。交通执法拦截的目的是为了让警察调查，即使结果证明他是错的。
When Tejeda attempted to object about Madu’s reliability, Judge Bogert asked him, “If the intent of the statute is to prohibit high beams of light being projected into the eyes of a driver, who would be in a better position to testify?”
当Tejeda试图反对Madu的可靠性时，Bogert法官问他，“如果法令的目的是禁止将光束投射到司机的眼睛里，谁更有资格作证?”
After a second of silence, Tejeda replied, “You have put me in a box with that question.”
沉默了一秒钟后，Tejeda回答道:“你把我和那个问题放在了一个盒子里。”
The court then ruled that the prosecution met the burden to suppress the defense motion regarding the high beam violation. Judge Bogert scheduled the parties to return to court in Dept. 84 on Jan. 27 at 8:30 a.m. for further proceedings.
法院随后裁定控方有责任驳回辩方关于违反高光束的动议。博格特法官安排双方于1月27日上午8:30回到84部法庭进行进一步的诉讼。
Kathryn Wood is a third year at UC Davis, majoring in Political Science-Public Service and minoring in Professional Writing and Environmental Policy Analysis and Planning. She is from Petaluma, California.
凯瑟琳·伍德是加州大学戴维斯分校的三年级学生，主修政治科学和公共服务，辅修专业写作和环境政策分析与规划。她来自加利福尼亚州的佩塔卢马。
Linhchi Nguyen is a fourth year at UC Davis, double majoring in Political Science and English. She currently lives in Sacramento, California.
林奇·阮(Linhchi Nguyen)是加州大学戴维斯分校的大四学生，主修政治科学和英语。她目前住在加州萨克拉门托。
原链接：
https://www.davisvanguard.org/2021/01/judge-rules-officer-right-even-if-he-is-wrong-accepts-prosecution-claim-driver-illegally-used-high-beams/
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发表于 2021-1-11 10:23:53
发表于 2023-1-7 08:52:28