1 BEFORE THE PUBLIC UTILITIES COMMISSION OF OHIO 2 - - - 3 In the Matter of Cecilval : Williams, Notice of : 4 Apparent Violation and : Case No. 17-119-TR-CVF Intent to Assess : 5 Forfeiture. : 6 - - - 7 PROCEEDINGS 8 before Mr. James Lynn, Attorney Examiner, at the 9 Public Utilities Commission of Ohio, 180 East Broad 10 Street, Room 11-D, Columbus, Ohio, called at 10:00 11 a.m. on Tuesday, May 2, 2017. 12 - - - 13 14 15 16 17 18 19 20 21 22 ARMSTRONG & OKEY, INC. 222 East Town Street, Second Floor 23 Columbus, Ohio 43215-5201 (614) 224-9481 - (800) 223-9481 24 - - - 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 2 1 APPEARANCES: 2 Mike DeWine, Ohio Attorney General By Mr. John Jones, 3 Assistant Attorney General 30 East Broad Street, 16th Floor 4 Columbus, Ohio 43215 5 On behalf of the Staff of the PUCO. 6 Yemc Law Offices By Mr. Michael J. Yemc, Jr. 7 600 Pearl Street Columbus, Ohio 43206 8 On behalf of the Respondent. 9 - - - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 3 1 INDEX 2 - - - 3 Witness Page 4 John Holzworth Direct Examination by Mr. Jones 6 5 Cross-Examination by Mr. Yemc 24 Examination by Examiner Lynn 25 6 Redirect Examination by Mr. Jones 26 7 Cecilval Williams Direct Examination by Mr. Yemc 29 8 Cross-Examination by Mr. Jones 44 9 - - - 10 State Exhibit Identified Admitted 11 1 Driver/Vehicle Examination Report 8 27 12 2 Notice of Preliminary 13 Determination 27 28 14 - - - 15 Respondent Exhibit Identified Admitted 16 A Photo of Truck Area Used for Charging Cell Phone 32 62 17 B Photo of Bluetooth 36 62 18 C Photo of Top of Truck Where 19 Mr. Williams Stores His Bluetooth 37 62 20 D Photo of Milk Carton 41 62 21 - - - 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 4 1 Tuesday Morning Session, 2 May 2, 2017. 3 - - - 4 EXAMINER LYNN: Let's go on the record at 5 this time. 6 The Public Utilities Commission of Ohio 7 has assigned for hearing at this time and place Case 8 No. 17-119-TR-CVF in the Matter of Cecilval Williams, 9 Notice of Apparent Violation and Intent to Assess 10 Forfeiture. 11 I'm Jim Lynn, the Attorney Examiner 12 assigned to hear this case, and at this time we will 13 have the appearances of the parties beginning with 14 the Ohio Attorney General's Office. 15 MR. JONES: Yes. Good morning, your 16 Honor. On behalf of the staff of the Public 17 Utilities Commission of Ohio, Ohio Attorney General 18 Mike DeWine, Assistant Attorney General John Jones, 19 30 East Broad Street, 16th Floor, Columbus, Ohio 20 43215. 21 EXAMINER LYNN: Thank you. 22 And for Mr. Williams. 23 MR. YEMC: Yes. Thank you. Michael 24 Yemc, Supreme Court Number is 0065390, on behalf of 25 Mr. Williams. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 5 1 EXAMINER LYNN: And your address, 2 Mr. Yemc. 3 MR. YEMC: Is 600 South Pearl Street and 4 that's in Columbus, Ohio 43206. 5 EXAMINER LYNN: Thank you. 6 All right. Having had the appearances of 7 the parties entered, we can begin our proceedings -- 8 I should say continue our proceedings. We'll first 9 hear from Mr. Jones and his witness. 10 MR. JONES: Thank you, your Honor. Your 11 Honor, staff would call Officer Holzworth to the 12 stand. 13 EXAMINER LYNN: Okay. Please take the 14 stand and if you would raise your right hand. 15 (Witness sworn.) 16 EXAMINER LYNN: Thank you. Please have a 17 seat. 18 And, Mr. Jones, please continue. 19 MR. JONES: Thank you, your Honor. 20 - - - 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 6 1 JOHN HOLZWORTH 2 being first duly sworn, as prescribed by law, was 3 examined and testified as follows: 4 DIRECT EXAMINATION 5 By Mr. Jones: 6 Q. Can you please state your name for the 7 record, please. 8 A. My name is Motor Carrier Enforcement 9 Officer John Holzworth. 10 Q. And where are you employed? 11 A. Employed by the Ohio State Highway Patrol 12 located at 1653 Marion Road, Bucyrus, Ohio 44820. 13 Q. What is your job title and 14 responsibilities? 15 A. My job title Motor Carrier Supervisor, I 16 supervise the lower level Motor Carrier guys as well 17 as do truck inspections, driver inspections myself. 18 Q. And how long have you been employed 19 there? 20 A. 19 years, 20 years this month. 21 Q. And what training have you had for your 22 qualifications to do your job? 23 A. We go through various training. I've got 24 North American Standard A and B, Hazmat, cargo tank, 25 bulk, other bulk, commercial vehicles, passenger ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 7 1 training, various other training. 2 Q. Do you have updated training on an annual 3 basis? 4 A. Yes. We have in service once a year to 5 update us on all the changes in the TSR and Hazmat 6 regulations. 7 Q. And what equipment is issued to you to do 8 your job? 9 A. We are assigned a Tahoe to make traffic 10 stops with and MCT or laptop computer, Panasonic 11 Tough Book, to enter all the data from our records. 12 Q. And what's your scope of your 13 jurisdiction? 14 A. Throughout the state of Ohio, mainly our 15 District 2 and which is the Bucyrus District. We 16 cover roughly 15 counties. 17 Q. And as a result of conducting inspections 18 as part of your job, what kind of paperwork do you 19 generate from doing that? 20 A. We enter all our data in a program called 21 Aspen and that basically gives us the name of the 22 carrier, the location we are doing the inspection at, 23 the vehicle identification, tractor-trailer, and the 24 driver's information, and any violations we witness 25 during that inspection we document on that Aspen ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 8 1 program. 2 Q. Okay. And I want to draw your attention 3 then to Staff Exhibit 1 before you. Would you please 4 identify that document for the record, please. 5 A. Staff Exhibit 1 is the Driver/Vehicle 6 Examination Report that I generate after I complete 7 an inspection printout. We hand this out to every 8 driver after we complete an inspection at the end of 9 the inspection. We go over it with them. We sign 10 it. Just the signature for us is just stating we 11 generated a report, and we ask the driver to sign it 12 only to -- they are not signing it's any guilt or 13 anything. They are just receiving a copy and, you 14 know, the witness that, yes, we explained the 15 document to them and they received it. 16 Q. And as it pertains to Staff Exhibit 1, 17 did you have occasion to conduct an inspection on the 18 Respondent Cecilval Williams in this case? 19 A. Yes, sir. 20 Q. And what date did that occur on? 21 A. September 7, 2016. 22 Q. Okay. And let me ask you what -- I see 23 there is a report number. Where does that come from? 24 A. The report number comes from when we 25 first start off, like if you are a new hire, it goes ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 9 1 about -- obviously OH is Ohio, 3291 would be my unit 2 number, and then the 011328 is the number of 3 inspections I have period. 4 Q. Okay. And approximately what time did 5 you have occasion to conduct this inspection and 6 where? 7 A. The inspection was conducted on 71 at the 8 176 mile marker southbound, that's in Richland 9 County, and the time of stop was 7:34 a.m., completed 10 at 8:05. 11 Q. Okay. And so that's Richland County, 12 Ohio; is that correct? 13 A. Mansfield, Ohio, yes. 14 Q. Mansfield, Ohio, okay. And at that time 15 what was your status as far as being on duty? 16 A. I was out patrolling. I was sitting 17 stationary on -- at the 178 mile marker facing 18 southbound traffic, and I observed Mr. Williams pass 19 me in the center lane talking on a handheld cell 20 phone. 21 Q. Okay. And how were you dressed and 22 what -- how was your vehicle marked? 23 A. Vehicle was marked State Highway Patrol 24 Motor Carrier Enforcement on both sides of it, front 25 and back -- sorry, just the back, not the front, and ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 10 1 the uniform of the day was my BDU uniforms, not this 2 one, but it's -- I would say it identifies who we are 3 with the same patches. 4 Q. Okay. And then on that date of 5 September 7, 2016, you testified you had occasion 6 then to view Mr. Williams. Would you please give us 7 more detail as to what you observed and how you 8 observed it. 9 A. Sure. I am going to go off my note 10 section here. Like I was sitting staring in a 11 crossover which isn't in the note section, but I was 12 sitting stationary. Mr. Williams passed me traveling 13 in the center lane which is through three lanes of 14 travel. I observed him talking on a large smartphone 15 held in his right hand. 16 Upon contact I asked him, you know, if he 17 was talking on his phone. And first he stated he had 18 a bluetooth in. He wasn't talking on the phone; he 19 was talking on the bluetooth. So I asked him to show 20 me the bluetooth, and he had to pop the center 21 console and overhead compartment and retrieve it from 22 there. And then he showed me it, and then I asked 23 him to pull up his call history. And at the time he 24 complied and showed me the times that he was on the 25 phone, and it shows 7:00 a.m. -- 7:25 a.m. until the ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 11 1 time of inspection which was 7:34. 2 Q. Okay. And let me break that down a 3 little bit here. So on -- at that time that date 4 was -- did you have an unobstructed view -- 5 A. Absolutely. 6 Q. -- observing Mr. Williams in his truck? 7 A. Yes. 8 Q. Okay. And what were the conditions like? 9 A. There's nothing documented on this 10 documentation like would trigger a citation like 11 saying dry, wet, but it was a decent day. There was 12 no rain. There was no fog. It was daylight. 13 Q. Okay. And so you observed -- you 14 observed what you just testified to. Now, what -- 15 what drew your attention to observe this? 16 A. When I am out looking for violations, 17 when I am sitting in a crossover, I can see -- where 18 I am sitting at in the crossover is kind of up, and 19 71 is kind of down, sitting on just a little bit of a 20 hill, and they are coming downhill where I am 21 sitting, so I can see right into their cab. 22 And when they come by and pass me, I got 23 a clear view of no obstruction what -- witnessing 24 what's going on there for a brief 5 seconds, 10 25 seconds, somewhere in that. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 12 1 So that's what I look for is obvious 2 violations and that is an obvious violation. So 3 that's what I stopped him for and that's the 4 enforcement I took. 5 Q. Let me ask you, please describe in more 6 detail how you observed the holding of the handheld 7 device by Mr. Williams. 8 A. This is basically -- the phone he had was 9 pretty large. It was a smartphone and he is holding 10 it in his hand talking and it's probably about -- 11 from where I am sitting to the center lane probably 12 around approximately 30 feet, maybe not even that 13 much, somewhere within 25, 30 feet, so I have got a 14 pretty good view in there. 15 And when I see, you know, them driving 16 down, you know, operating a commercial vehicle 17 steering with one hand, holding the cell phone in the 18 other, it's pretty obvious to me, as you can see, 19 they are, you know -- most of the time you can see 20 them talking, their lips are moving as they are going 21 by. 22 EXAMINER LYNN: Question for the officer, 23 did you see Mr. Williams through the windshield or 24 side window or what? 25 THE WITNESS: Through the windshield. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 13 1 EXAMINER LYNN: Through the windshield. 2 And you are indicating that you were in a crossover, 3 and you were at higher -- I will say a higher 4 elevation for lack of a better description. 5 THE WITNESS: Not a whole lot higher but 6 higher. 7 EXAMINER LYNN: You were actually looking 8 down into the -- through the windshield. 9 THE WITNESS: I wouldn't say I am looking 10 down. We are just up a little bit, and they are 11 coming down a hill. 12 EXAMINER LYNN: Oh, you are looking up a 13 little bit. 14 THE WITNESS: When they are coming down, 15 it's a big long hill that comes down and slowly. 16 EXAMINER LYNN: I see, I see. Okay. So 17 the -- he was approaching you, he was initially 18 coming down the hill, and you were in the crossover 19 and you could look up through the windshield and see 20 what he was -- what he was doing while he was 21 driving. 22 THE WITNESS: Yeah. The windshield and 23 side window. 24 EXAMINER LYNN: I see. You were looking 25 through the windshield? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 14 1 THE WITNESS: Both. As he comes, you can 2 see him come. You can see him come this way. I'm 3 parked this way, and they are traveling this way. 4 EXAMINER LYNN: Okay. He was holding it 5 in his right hand steering with his left. 6 THE WITNESS: Yep. 7 EXAMINER LYNN: All right. Thank you. 8 Please continue, Mr. Jones. 9 Q. (By Mr. Jones) Okay. I think you just -- 10 you were indicating as you were gesturing how he was 11 driving and holding it, and I think you were saying 12 that he was driving with his left hand and right hand 13 he was holding the device; is that correct? 14 A. Uh-huh, correct. 15 Q. And he was holding the device where in 16 relation to his -- 17 A. To his right ear. 18 Q. To his right ear. Okay. And you also 19 observed what appeared that he was talking to the 20 device? 21 A. Yes, sir. 22 Q. And how long would you say you had an 23 opportunity to view that conduct? 24 A. Probably anywhere from 10 seconds, 25 approximately. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 15 1 Q. And that was as -- 2 A. As he comes down. 3 Q. -- he approached and passing? 4 A. Uh-huh, that's correct. 5 Q. And what is the speed limit in that area? 6 A. 70 miles per hour. 7 Q. And then so after you observed this, what 8 action did you take then from your location? 9 A. I pulled out and stopped Mr. Williams at 10 the 176 southbound which is approximately 2 miles 11 from where I was sitting stationary and performed 12 what's called a level III inspection which is a 13 driver only inspection. 14 Q. And how did you alert Mr. Williams that 15 he -- for the stop? 16 A. I activated my overheads, red overheads 17 on our vehicles. 18 Q. Okay. 19 A. Red overhead lights. 20 Q. Okay. And then once you made the stop of 21 Mr. Williams and his commercial motor vehicle, walk 22 us through what you did then at that point. 23 A. Once I made contact with him I was 24 getting him stopped in a safe location. I make a 25 passenger side approach, knock on the door, climb up ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 16 1 on the side of the vehicle, advise him I stopped him 2 to do a safety inspection. When you passed me, I 3 noticed you were talking on your cell phone. That's 4 a violation of federal law. That's why I stopped 5 you. I am going to be, you know, issuing a violation 6 of that today. 7 Q. Okay. 8 A. And then the rest of it is what I already 9 testified to, basically asked him if he had a phone, 10 if he was talking on his phone. He said no. I was 11 talking on a bluetooth. You were talking on your 12 bluetooth. Where is it? It wasn't on his person at 13 the time of the stop, so to me it would be kind of 14 odd to take a bluetooth out and put it in the 15 compartment, close it within 2 miles of the stop -- 16 Q. Okay. 17 A. -- so. 18 Q. All right. And so what -- Mr. Williams, 19 he was cooperating with you? 20 A. Absolutely, very cooperative. 21 Q. Okay. And you had an opportunity to ask 22 to look at the handheld device? 23 A. Yes, sir. 24 Q. And what did you do once you had that 25 handheld device in your hand? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 17 1 A. I had him pull up the call history and 2 show me his call history, and I verified that the 3 call -- his last call made was -- the times of it, 4 and then I just documented it. 5 Q. Okay. And the device itself, what was 6 it? 7 A. The large smartphone I believe he has 8 sitting on the table there. 9 Q. Okay. And let me ask you then as far as 10 making the identification, Mr. Williams and the 11 information you had in the report about the truck and 12 so forth, how did you confirm all that information? 13 A. Are you referring to the registrations 14 and stuff? 15 Q. Yes. 16 A. He gave me the registration for the 17 vehicle. There wasn't one for the trailer. I tried 18 to run the registration but couldn't get any back on 19 it as far as the VIN number comes, but everything on 20 this document is accurate except for the top 21 left-hand corner where it states Public Utilities 22 Commission. Our printout says State of Ohio, State 23 Highway Patrol on it with our address and then our 24 fax number and phone number. But everything else is 25 exactly the same. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 18 1 Q. Okay. And what type of inspection level 2 was involved here for your inspection? 3 A. The level III driver only inspection. 4 Q. What does that mean? 5 A. Basically a level III we stop, we verify 6 their credentials, make sure he is medically 7 certified, he has a valid CDL, he is not impaired or 8 seems impaired, his logbook status is current, he is 9 not operating over 70, 14, 11 hour rules. Basically 10 that's it. 11 Q. Okay. And the information here you have 12 it looks like -- a carrier listed on your report, how 13 do they fit to your report here for what's -- what 14 was the relationship here to Mr. Williams? 15 A. Schneider Carriers? 16 Q. Yes. 17 A. That's who he was employed by that day. 18 Q. Okay. 19 A. The day of the stop. 20 Q. So that would have been the carrier he 21 was working with that day for driving his vehicle? 22 A. Yes, sir. 23 Q. Okay. And you also identified then the 24 destination for the trip itself, origin, where it 25 originated, and destination information? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 19 1 A. Yes. 2 Q. What's it indicate? 3 A. The origin East Hartford, Connecticut, 4 and destination was North Vernon, Indiana, and then 5 the shipper Kichler Home Center, and then the bill of 6 lading number's also on there as well. 7 Q. Okay. And then you had the vehicle 8 identification information, and you took that from 9 the truck itself? 10 A. I got the actual registration from the 11 cab, the actual tractor, from Mr. Williams. 12 Q. Okay. And what's the -- in that block of 13 information, GVWR, indicate for us? 14 A. Gross vehicle weight rating. 15 Q. Okay. And then for your violations here, 16 you -- how many did you note for your report? 17 A. Just one, sir. 18 Q. Okay. And would you describe, you know, 19 that code in the description. 20 A. 392.82(a)(1) basically says any driver 21 cannot use a handheld cellular phone while operating 22 a CMV, commercial motor vehicle. 23 Q. And what is OBVI in parentheses? 24 A. Obvious. That's the obvious violation I 25 had. That was my reason for the stop. If you go ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 20 1 down to where it says "Locally Defined Fields" where 2 it says "Reason Code: OBVI" it's stated there as 3 well. 4 Q. Oh, okay, okay. Very good. All right. 5 So, now, is all the information that's contained in 6 Staff Exhibit 1, is that accurate to the best of your 7 knowledge with the exception of what you noted in the 8 heading? 9 A. Yes, sir. 10 Q. Okay. And is this a record that's kept 11 in the ordinary course of business for your agency? 12 A. Yes. Our agency retains this as well as 13 the PUCO. 14 Q. And let me ask you when is this report 15 prepared? 16 A. This report is prepared on the day of the 17 inspection. 18 Q. Okay. And tell me then after you have 19 made contact with the driver, Mr. Williams in this 20 case, how soon thereafter do you make up the report? 21 A. Immediately afterward. Go back to my car 22 and begin entering all the information into the Aspen 23 program which is this that we have in front of me. 24 Q. And then after you've loaded that 25 information into your computer, what do you do then? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 21 1 A. Once we get everything entered we print 2 it out. We give a copy to the driver, and then after 3 they get a copy, depending on server availability, we 4 upload it, and then it transfers over to the PUCO. 5 Q. Okay. So you electronically transmit a 6 copy to the Public Utilities Commission of Ohio? 7 A. Yes, sir. 8 Q. And when do you do that? 9 A. Usually at the end of that day. 10 Sometimes the server is down, and we will have to 11 wait until the next day, but it generally depends on 12 the availability of the server. 13 Q. Got you. So after you've inputted your 14 information, you printed out your form, then you make 15 contact with Mr. Williams again and go over that 16 information. What's done then with the report at 17 that point? 18 A. I transfer the copy that I print out to 19 the driver, which in this case is Mr. Williams, and I 20 just go over it with him. Here is the time I stopped 21 you for your logbook, you know, tell him it's going 22 to be on duty not driving, and just go over the where 23 I stopped him at, what the violations were, and ask 24 him if he has any questions. 25 And then I tell him what he needs to do. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 22 1 You need to turn this into your employer, and they 2 need to have it faxed back to the address up here 3 within a certain amount of time, usually 15 days or 4 before you are redispatched, and if there is any 5 vehicle violations but obviously there isn't -- 6 wasn't because this is a level III which is a driver 7 only. 8 Q. What signatures would have been on the 9 original report? 10 A. My signature and Mr. Williams. 11 Q. Okay. And that report then is given to 12 who? The -- 13 A. Mr. Williams. 14 Q. Mr. Williams, okay. And you said that 15 for your identification Mr. Williams confirmed that 16 he was the person that was driving the vehicle, what 17 did you -- how did you confirm that? 18 A. Through his driver's license. 19 Q. Through his driver's license. And is the 20 same Mr. Williams here in the courtroom today that 21 you stopped that day -- 22 A. Yes, sir. 23 Q. -- for that inspection? 24 MR. JONES: Your Honor, can the record 25 reflect the witness has identified Mr. Williams in ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 23 1 the courtroom here today as the Respondent? 2 EXAMINER LYNN: I will make note of that. 3 Do you have any other questions, 4 Mr. Jones? 5 MR. JONES: I'm sorry? 6 EXAMINER LYNN: Any further questions, 7 Mr. Jones? 8 MR. JONES: Let's see. Just a second, 9 your Honor. See if I have anything else here. 10 Q. I do have one other question for you. So 11 based on your inspection and your report, it's your 12 opinion then Mr. Williams, the code you cited him 13 for, 392.82(a)(1), for safety regulations, you are 14 asking the Commission to find him in violation of 15 that code section? 16 A. Yes, sir. 17 MR. JONES: Your Honor, that's all I 18 would have. 19 EXAMINER LYNN: Thank you. 20 Mr. Yemc, any questions of the witness? 21 MR. YEMC: Yes, thank you. 22 EXAMINER LYNN: Please go ahead. 23 - - - 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 24 1 CROSS-EXAMINATION 2 By Mr. Yemc: 3 Q. Now, Inspector Holzworth, you indicated 4 you approached the vehicle from the passenger side; 5 is that correct? 6 A. That's correct. 7 Q. And you stood up on the sideboard of the 8 tractor-trailer; is that correct? 9 A. That's correct. 10 Q. Okay. And when you stood up on that 11 sideboard, was Mr. Williams in his seat? 12 A. He might have been. I can't remember 13 exactly if he got up moving around. But most of the 14 time, yeah, they are sitting in their seat. They 15 will leave their seat belt on to show they had their 16 belt on. 17 Q. So he would have had his belt on sitting 18 in his seat. 19 A. He might have been. 20 Q. Okay. Do you recall him opening up the 21 door for you? 22 A. No, I don't recall. 23 Q. Okay. How did you get into the vehicle? 24 A. I usually knock on the passenger door and 25 ask them -- most of the time the driver rolls down ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 25 1 the window, and I can't see so I will ask them to 2 open the door so I can climb up into the cab. 3 Q. Now, whenever you approached the vehicle, 4 do you recall where the cell phone was located? 5 A. In the vehicle at the time of the stop? 6 Q. Correct. 7 A. Not offhand, no. I don't know what he 8 did with it after I passed him. 9 MR. YEMC: Okay. I have no further 10 questions. 11 - - - 12 EXAMINATION 13 By Examiner Lynn: 14 Q. And obviously did you indicate -- did you 15 say that you actually climbed into the cab? 16 A. I will stand on the side rails on the 17 steps on the passenger side. There is two of them. 18 There is one below the tank and one almost on top of 19 the tank but I never get in -- I never get into the 20 vehicle, no. I mean, I open the door, and I am in 21 the doorway, but I don't enter the vehicle. 22 Q. And did you -- let's see, you did check 23 on his cell phone call history, but did you just 24 state a moment ago you weren't sure where the 25 telephone itself -- cell phone was when you first ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 26 1 spoke to him? 2 A. He was asking was it in his lap, in his 3 pocket. What he did from the time I pulled out to 4 the time I stopped him, I couldn't tell you that -- 5 Q. Okay. 6 A. -- because I couldn't see it. 7 Q. Okay. But when you did ask Mr. Williams 8 to show you the call history, he was able to -- 9 A. He complied. 10 Q. -- produce it immediately? 11 A. Yes, sir. 12 EXAMINER LYNN: All right. Thank you. 13 Mr. Williams -- or Mr. Jones. 14 MR. JONES: Yeah. I couldn't hear your 15 question, your Honor. 16 EXAMINER LYNN: I'm sorry. 17 - - - 18 REDIRECT EXAMINATION 19 By Mr. Jones: 20 Q. You asked him to -- he immediately 21 produced his phone upon -- 22 A. He did. 23 Q. -- asking him for it? 24 A. Yes, sir. 25 MR. JONES: That's all I have, your ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 27 1 Honor. I would move for the admission of Staff 2 Exhibit 1. 3 EXAMINER LYNN: Okay. Mr. Yemc, any 4 objections to -- any objections to admitting Staff 5 Exhibit 1 into evidence? 6 MR. YEMC: No objections. 7 EXAMINER LYNN: All right. Thank you. 8 That will be admitted into evidence then. 9 (EXHIBIT ADMITTED INTO EVIDENCE.) 10 EXAMINER LYNN: That's the Driver/Vehicle 11 Examination Report. 12 And, Mr. Jones, do you have additional 13 witnesses? 14 MR. JONES: Your Honor, the parties have 15 stipulated here to the testimony of Staff Witness Rod 16 Moser and the testimony he would have given on Staff 17 Exhibit 2, being the Notice of Preliminary 18 Determination that was sent to the Respondent -- 19 actually the Respondent's counsel, and indicating the 20 calculation for the violation and that calculation 21 being $250 for using a handheld mobile telephone 22 while operating a commercial motor vehicle. It's a 23 Group 4 violation, and we would ask if the Commission 24 were to find that Mr. Williams has violated that code 25 section, we would ask the Commission to assess a ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 28 1 forfeiture of $250 as calculated by the staff in this 2 exhibit. 3 EXAMINER LYNN: Thank you, Mr. Jones. 4 MR. JONES: Thank you, your Honor. 5 EXAMINER LYNN: I assume then -- 6 MR. JONES: I would move for the 7 admission of Staff Exhibit 2, your Honor. 8 EXAMINER LYNN: Mr. Yemc, any objections 9 to admitting Staff Exhibit 2 into evidence? 10 MR. YEMC: No, no, your Honor. And that 11 is an accurate stipulation. If there is a violation 12 found, that the $250 is the accurate amount. 13 EXAMINER LYNN: All right. Thank you. 14 And with that being said, Staff Exhibit 15 2, the Notice of Preliminary Determination, will also 16 be admitted into evidence. 17 (EXHIBIT ADMITTED INTO EVIDENCE.) 18 EXAMINER LYNN: And, Mr. Jones, any 19 further questions at this time? 20 MR. JONES: No, your Honor. 21 EXAMINER LYNN: Thank you. 22 Officer, you can take your seat. Thank 23 you. 24 Mr. Yemc, it's your opportunity with your 25 witness. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 29 1 So, Mr. Williams, if you would like to 2 take the stand, please. 3 MR. YEMC: Yes, thank you. 4 EXAMINER LYNN: Mr. Williams, if you 5 would raise your right hand. 6 (Witness sworn.) 7 EXAMINER LYNN: Thank you. Please have a 8 seat. 9 And, Mr. Yemc, please continue when you 10 are ready. 11 MR. YEMC: Thank you, your Honor. 12 - - - 13 CECILVAL WILLIAMS 14 being first duly sworn, as prescribed by law, was 15 examined and testified as follows: 16 DIRECT EXAMINATION 17 By Mr. Yemc: 18 Q. Could you please state your name and 19 address for the record. 20 A. It's Cecilval Williams, 122-124 Adams 21 Street. That's Hartford, Connecticut 06112, 22 Hartford, Connecticut. 23 Q. And, sir, what is your occupation? 24 A. I'm a driver, trailer driver. 25 Q. Okay. How long have you been driving a ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 30 1 commercial vehicle? 2 A. Maybe 22, 23 years. Well, outside -- 3 different countries but here in the states, I mean, 4 here in the states over four, almost five years. 5 Q. Okay. And, sir, on September 7 of 2016, 6 did you happen to be driving a commercial 7 tractor-trailer in the state of Ohio, county of 8 Richland, around Mansfield? 9 A. Yes, sir, I know I was passing through 10 Ohio to my -- from Hartford to Indianapolis. 11 Q. Okay. And on that date did you get 12 stopped by Inspector Holzworth? 13 A. Yes, sir. 14 Q. Now, you heard testimony from Inspector 15 Holzworth that indicates that you were speaking on 16 the cell phone just prior to him stopping you. 17 A. Yes, sir. 18 Q. Okay. Were you on the phone that day? 19 A. Yes, sir. 20 Q. Okay. And could you describe for the 21 court or for this hearing what exactly you were doing 22 on the phone that day. 23 A. Well, just before moving out in the 24 morning, which was about like maybe within 2, 3 miles 25 of where I was stopped, I was just moving just ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 31 1 leaving from the rest stop heading out on the road. 2 I was talking to my wife just before leaving out 3 going down the road. All right. When I say talking 4 to my wife, I was using the phone number, holding the 5 phone. I have a small earpiece -- 6 Q. Okay. 7 A. -- I use, this little earpiece. So I had 8 this on heading down the road. 9 Q. And is that the earpiece you had the day 10 in question when you got stopped? 11 A. Yes, sir. 12 Q. So when Inspector Holzworth pulled you 13 over and asked you if you were speaking on the phone, 14 you told him that you were. 15 A. Yes. First, I said I were -- I am -- I 16 was speaking on the phone but then that comes quickly 17 you were holding, you know, holding your phone, so it 18 was like yes, sir; no, sir. So, yes, I was using the 19 phone. Were you on it? No, sir. So that was like 20 that. 21 EXAMINER LYNN: Just to clarify for the 22 court, I think, Mr. Williams, you are saying that you 23 stated to the Inspector that you were using the 24 telephone or using the -- using a cell phone, but 25 then it sounds as though you were saying you were not ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 32 1 holding one in your hand. 2 THE WITNESS: Because the question from 3 him was that you were using the phone as a handheld 4 device. 5 EXAMINER LYNN: I see. 6 THE WITNESS: That was -- 7 EXAMINER LYNN: So you stated you were 8 using the phone but not using a handheld. 9 THE WITNESS: Yes, sir. 10 Q. (By Mr. Yemc) You were using your 11 bluetooth device to talk to your wife. 12 A. Yes, sir. 13 Q. Okay. Now, whenever the Inspector 14 approached your vehicle, where was that device, that 15 handheld device? 16 A. Well, it was -- there is a little -- 17 Q. Not the earpiece. Where was your 18 handheld cell phone? 19 A. Oh, okay. In the sleeper berth that's 20 behind my seat. There is a little place there I keep 21 my books and have it plugged in behind the seat, you 22 know, in the berth behind the seat close to my bed. 23 MR. YEMC: If I may approach the witness? 24 EXAMINER LYNN: Yes. 25 Q. Mr. Williams, what is that a copy of? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 33 1 A. This is a picture in my bunk. There is a 2 little area where I keep my books and all my reading 3 stuff right here. This is actually behind my seat. 4 My seat would be here. This is the bed right here. 5 Q. And that photograph, who took that 6 photograph? 7 A. I took it. 8 Q. Okay. Mr. Williams, on the day in 9 question, is that where you are describing your phone 10 was located? 11 A. Yes, sir, right in the small blue book, 12 blue book you are looking at, right. 13 Q. There's a what? 14 A. I am saying small blue book. It was 15 sitting right on top of that. 16 Q. Sitting on top of the blue book. 17 A. Right, yes, sir. 18 Q. Is that where you plug your cell phone in 19 to charge? 20 A. Yes, sir, because right here is that CPU 21 or what do they call APU that gives current, I mean, 22 electricity. This is it right here. This is the 23 plug that I plug my phone in to charge. 24 EXAMINER LYNN: Let's try to clarify 25 things for our court reporter here. Mr. Williams, ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 34 1 could you -- I will approach the witness and if you 2 could point out to me exactly -- and then we will get 3 into words exactly where you are saying your cell 4 phone was. 5 MR. JONES: Can I see that too? 6 EXAMINER LYNN: Mr. Jones. Mr. Yemc. 7 MR. YEMC: I don't need to approach. I'm 8 good. 9 THE WITNESS: See this wire here, this is 10 a telephone plug. This is APU which I plug my phone, 11 my -- 12 EXAMINER LYNN: So the witness is 13 pointing to like the -- 14 THE WITNESS: So the phone was right 15 here. 16 EXAMINER LYNN: I see. What the witness 17 is pointing to is that -- is that he is saying the 18 phone itself, which apparently was black, was -- it's 19 right in the center of the picture and -- 20 THE WITNESS: It's not here now. 21 EXAMINER LYNN: Well -- 22 THE WITNESS: This is a blue book. 23 EXAMINER LYNN: Blue, okay. This is a 24 black and white photograph. 25 THE WITNESS: Blue book. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 35 1 EXAMINER LYNN: Off the record for a 2 minute, Karen. 3 (Discussion off the record.) 4 EXAMINER LYNN: We will go back on the 5 record. 6 What the witness was pointing to this 7 little apparently sort of like a table or compartment 8 behind his sleeper -- behind his chair, driver's 9 seat, there was a -- there is a sleeper berth and 10 also a little area where he can lay various things, 11 place them, for, you know, books and other materials, 12 and he is showing me where there is a cord that has a 13 charger for the phone. 14 THE WITNESS: Yes, sir. 15 EXAMINER LYNN: And he is saying that the 16 phone was in that location apparently while you were 17 driving the vehicle. 18 THE WITNESS: Yes, sir. 19 EXAMINER LYNN: And the reason the phone 20 is not on that location now is he used the phone to 21 actually take this photograph which is -- we will 22 call this Yemc Exhibit A -- or Williams Exhibit A. 23 MR. YEMC: Okay. 24 EXAMINER LYNN: Okay? Mr. Jones, any 25 questions? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 36 1 MR. JONES: I'll let Mr. Yemc. 2 EXAMINER LYNN: Mr. Yemc. 3 MR. YEMC: Thank you. 4 Q. (By Mr. Yemc) I am going to hand you 5 what's going to be marked as Respondent's Exhibit B, 6 Mr. Williams. And could you describe what this 7 picture is. 8 A. This is my bluetooth earpiece. 9 Q. Okay. And is that the same earpiece you 10 were using the day that you got stopped? 11 A. Yes, sir. 12 Q. Did you take that photograph? 13 A. Yes, sir. 14 Q. Okay. When you got pulled over, what did 15 you do in preparation for the officer approaching 16 your vehicle? What occurred? 17 A. Well, I'm driving. I see the car, what I 18 call the car, or police vehicle, and I pull off to 19 the right. I took the earpiece out and sitting there 20 just waiting for the officer to come by. So I am 21 there. I'm looking for the officer to come, you 22 know, on my side of the vehicle, on the left. 23 EXAMINER LYNN: On the driver's side. 24 THE WITNESS: On the driver's side. But 25 for a little while then I heard a call -- somebody ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 37 1 yells or makes a sound on the right side of the -- of 2 the vehicle, of my vehicle. 3 EXAMINER LYNN: On the passenger side. 4 THE WITNESS: On the passenger side, 5 right, of the vehicle. 6 Q. Okay. Let me stop you right there. What 7 did you do with the -- the bluetooth device once you 8 took it off your ear? 9 A. Well, I -- first, I had it -- first, I 10 had it in my hand. I first had it in my hand. 11 Q. And then what did you do with it? 12 A. Well, the officer called out on the 13 passenger side of the vehicle, and I put the earpiece 14 on a little place that I normally keep it. It's like 15 a mesh with an opening area, so I just normally stick 16 it over. There, that's where I keep it if I am not 17 using it. 18 Q. I just handed you what's marked as 19 Respondent's Exhibit C. Is that the mesh area that 20 you are referencing where you put the earpiece? 21 A. Yes, sir; yes, sir, just right above the 22 sun visor, the little area. 23 EXAMINER LYNN: Just above the sun visor 24 where you sit. 25 THE WITNESS: Yes, sir. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 38 1 Q. Now, Mr. Williams, after you heard the 2 inspector at your passenger side door or window, what 3 did you do? 4 A. I put the -- this, upon this area here. 5 I pulled my seat back. 6 EXAMINER LYNN: And, Mr. Williams, when 7 you put "this," he is referring to the -- 8 THE WITNESS: Sorry, earpiece. 9 EXAMINER LYNN: The earpiece. Please 10 continue. 11 A. So I stick it up in this area. 12 EXAMINER LYNN: He puts it up in this 13 mesh area that was earlier referred to. 14 A. And I pull my seat back. 15 Q. You unlatch your seat belt. 16 A. Unlatch my seat belt, yes. I stretch 17 across because the passenger side door was locked, 18 right? So I put the thing up, stretch across, pull 19 the door, and let the officer in so the officer was 20 able to come in the truck. 21 Q. Okay. Now, did he actually enter the 22 truck, or was he standing in the truck? 23 A. Come in the truck, into the truck, right 24 into the truck. 25 Q. Okay. Did he sit in the seat? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 39 1 A. No. He stand. 2 Q. He stood. 3 A. Stood. 4 Q. Was he leaning in the truck then? 5 A. No. He really stand right between the 6 right -- the passenger seat right in the area right 7 there, standing right there. That's where he was. 8 Q. Okay. And then what occurs after he 9 enters the vehicle? 10 A. He asked me to, you know, show me -- I'm 11 not sure of the order right now, but your documents, 12 you know, show me, you know, your documents. 13 Q. So your bill of lading, what you are 14 hauling, things like that? 15 A. Bill of lading, truck like my 16 registration or, you know, those documents. 17 Q. Okay. 18 A. And I think he did ask about my -- was it 19 paper log I am using or electronic log, that's, you 20 know. And I gave him what he asked for, and he go 21 through all of those, said everything was okay, it 22 was fine. 23 Q. Okay. And at some point he asks you 24 about using a handheld cell phone device. 25 A. Yes. Then he proceeds to say that's why ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 40 1 he stopped me, because I was using my -- my phone, 2 handheld device. That's what he says. 3 Q. Okay. And did he ask to see that device? 4 A. Yes, sir. 5 Q. Okay. And where was that device? 6 A. In the -- right in the spot here in the 7 sleeper berth in the same area. 8 Q. On what is marked as Respondent's Exhibit 9 A? 10 A. It's -- yes, sir. That's where I took it 11 from with the wire, just the same everything, took it 12 from and I think I hand it to him, but he never 13 really -- if I am remembering right, he never really 14 take it but, you know, he asked me to show him. 15 Q. Okay. Did you have to get out of your 16 seat to get the handheld device? 17 A. Yes. I have to ease up, you know, maybe 18 not fully but I have to ease up to get around there 19 to retrieve the phone. 20 Q. Can you access that phone while sitting 21 in the seat with your seat belt on? 22 A. No, sir; no, sir. 23 Q. Okay. Now, after the Inspector asks you 24 to see your handheld device, you show it to him. 25 A. Yes, sir. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 41 1 Q. He issues you a citation. 2 A. Yes, sir. I wasn't sure at first. He 3 explained to me that it was, you know, inspection, 4 showing the inspection, and then proceed to say it 5 has this violation on it too for me using a handheld, 6 yes, sir. 7 Q. Now, that morning right around breakfast 8 time, you had just left the rest area; is that 9 correct? 10 A. Yes, sir. 11 Q. Okay. I am going to hand you what's 12 marked as Respondent's Exhibit D. Could you describe 13 what that exhibit is. 14 A. It's a small box of milk, sir, box of 15 milk. 16 Q. Okay. And did you take a photo of that 17 milk? 18 A. Yes, sir. 19 Q. And why is this photograph even 20 significant? 21 A. Well, at first after getting that pull 22 over, that ticket, it had me wondering why would -- 23 what caused the officer to think that I really had, 24 you know, something in my hand. Why -- I am trying 25 to figure out why would he come up with such a, you ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 42 1 know, a thing, right? 2 Q. Because he sees you talking. 3 A. Yes, he see me talking because I see the 4 officer, but I know that using your handheld, I mean, 5 your bluetooth, is not, you know, a violation. It's 6 definitely no problem, so I was literally talking, I 7 see the policeman maybe from about almost a mile or 8 so, you know, while heading towards him because it's 9 clear distance. 10 Q. Okay. And you are coming down a hill 11 like the Inspector indicated. 12 A. The grade is a good distance over; but, 13 yeah, you are coming down a grade and you are 14 going -- could be coming up a slight. 15 Q. So you have clear -- 16 A. Very good distance away still but, yes, 17 it was there. 18 Q. But you had clear -- 19 A. It was very clear distance, so I saw him 20 from a good, you know, distance over on the left in 21 the median, you know, parked there. You have time to 22 see very clear, very, you know, very clear. 23 So then I start to think, look around. I 24 realize that this box of milk when the officer was 25 there was right at the seat, I mean, on the ground ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 43 1 beside my seat, right, because I was drinking the 2 milk after leaving the truck stop, right? 3 So I'm saying only thing -- I am trying 4 to figure out if -- wonder if I was drinking the milk 5 while coming down or he happens to see because even 6 then the time when I was stopped, I didn't have the 7 milk but that's the only thing that was there right 8 beside my seat and that's the only thing I was doing 9 in the morning, drinking the milk, and then, you 10 know, continue on my journey when I was stopped. 11 Q. So it's your theory since you aren't 12 using a handheld device, you were on your 13 bluetooth -- 14 A. Yes, sir. 15 Q. -- that the only thing you could come up 16 with is that you were drinking the milk. 17 A. That's the only thing might could be the 18 fact that he said I have something in my hand could 19 only be that milk. That's the only thing it could 20 be. That's the only thing that was in the seat right 21 beside me I know I was drinking in the morning or 22 using in the morning. 23 MR. YEMC: Thank you, Mr. Williams. 24 EXAMINER LYNN: No further questions? 25 MR. YEMC: No further questions. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 44 1 EXAMINER LYNN: Thank you. 2 Mr. Jones. 3 MR. JONES: Thank you, your Honor. 4 - - - 5 CROSS-EXAMINATION 6 By Mr. Jones: 7 Q. Mr. Williams, when did you initiate your 8 call to your wife? Was that after you were driving? 9 A. No. A little bit before I leave the 10 truck stop, I was already talking to her just before 11 I leave out and continue to talk as I. 12 Q. What device did you initiate the call on? 13 A. At the time I think I made the call with 14 the phone. Sometimes I use this, but sometimes I use 15 the phone, you know, like if maybe I am not driving 16 at the time. I use the phone, from the phone or from 17 that. 18 Q. On that day you initiated the call on 19 your phone to your wife? 20 A. It could have been, could have been, sir, 21 but that's before because I was talking to her while 22 doing -- finishing up my pretrip. That's when I 23 started talking with her. 24 Q. Okay. And that conversation continued 25 until such time as you were stopped. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 45 1 A. Yeah, maybe a few minutes or so, yes, 2 because I said I was talking to my wife, and when I 3 realized the police, you know, came out and I end the 4 call to her. I would call her back. 5 Q. And the call ended with you were pulled 6 over when you saw the lights behind you to pull you 7 over. 8 A. Yes, sir; basically, yes, sir. 9 EXAMINER LYNN: And, Mr. Williams, you 10 stated you initiated the call when you were at a rest 11 area and before you began driving? 12 THE WITNESS: Yes, sir. 13 EXAMINER LYNN: And you are unsure 14 whether you initiated it on your handheld or on your 15 bluetooth? 16 THE WITNESS: No. At the time -- at the 17 time when I know that once I park so I will do things 18 from my phone. 19 EXAMINER LYNN: From the handheld. 20 THE WITNESS: Yes, sir. 21 EXAMINER LYNN: Okay. 22 THE WITNESS: But if I am driving, I need 23 to make a call. 24 EXAMINER LYNN: And then I believe you 25 stated earlier, and help me make sure I am correct on ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 46 1 this, when you actually were driving, that your 2 handheld was plugged in for charging. 3 THE WITNESS: Yes, sir. 4 EXAMINER LYNN: I see. 5 THE WITNESS: It wasn't charged 6 overnight. It was in the sleeper charging. 7 EXAMINER LYNN: All right. 8 Mr. Jones. 9 Q. (By Mr. Jones) But it's possible you 10 initiated that call on your handheld phone, right? 11 A. Yes, yes. 12 Q. Okay. 13 A. It's possible, yes. 14 EXAMINER LYNN: But, Mr. Williams, you 15 are not really sure whether you initiated it on the 16 handheld or not. 17 THE WITNESS: No, no, sir. 18 EXAMINER LYNN: I see. 19 THE WITNESS: Because I said most of the 20 time if I am like, you know, in the rest stop, it can 21 be possible. I wouldn't say I use this. Once I am 22 doing what I am doing I might use that, you know, 23 just do it on the handheld. 24 EXAMINER LYNN: On the bluetooth. 25 THE WITNESS: No. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 47 1 EXAMINER LYNN: On the handheld. 2 THE WITNESS: Yes. 3 EXAMINER LYNN: So you are indicating, 4 say, while you were doing a pretrip or doing any 5 paperwork before you start to drive, you might have 6 used the handheld to initiate the call, but you 7 really don't remember for sure. 8 THE WITNESS: Well, at that time I 9 don't -- not sure which way. 10 EXAMINER LYNN: Not sure. 11 THE WITNESS: Not sure, not going to say 12 yes. 13 EXAMINER LYNN: Okay. 14 Mr. Jones. 15 MR. JONES: Thank you, your Honor. 16 Q. (By Mr. Jones) Mr. Williams, you are not 17 disputing that the length of time that you are on the 18 phone was approximately 9 minutes, from like 7:25 19 a.m. to 7:34 a.m.? You are not contesting that? 20 A. No, no. I wouldn't say that. I just 21 recently started, as I said, just, I mean 2, 3 miles 22 from where I was stopped. 23 Q. Okay. And you are not contesting the 24 fact that when you were asked to show your phone, 25 your mobile device, phone -- ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 48 1 A. Yes, sir. 2 Q. -- iPhone, whatever it is, you showed it 3 to the officer and displayed the screen for him, he 4 was able to see that, confirm that, the duration? 5 A. One call, yes. 6 Q. The phone conversation you had was for 7 that time period, 9 minutes, from 7:25 to 7:34? You 8 don't contest that, right? 9 A. No, I don't. I don't contest the time, 10 whatever the time was there. I didn't -- I am not 11 sure the exact time, how long it was, but I'm not 12 disputing the call. 13 Q. And that's showing on your display for 14 your phone. 15 A. I'm not disputing that. 16 Q. Okay. How many -- how many -- let me ask 17 you how many phones do you have? 18 A. One. 19 Q. How many bluetooths do you have? 20 A. This would make one that is working. 21 This would be the second bluetooth. I have a small 22 one just that was already not working so this 23 replaced it. 24 Q. Okay. And you do have an overhead 25 compartment, right, that you have to open up to ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 49 1 retrieve things out of; is that correct? 2 A. That's a little more ways over in the 3 center of the truck up at the top and that's normally 4 locked. I would have to use a key to pull that. 5 Q. And like what type of things do you keep 6 in your compartment? 7 A. Which of them? 8 Q. Your compartment. 9 A. Which of them? There is two. There is 10 one that this was -- this was and then there is that 11 other. 12 EXAMINER LYNN: So for our court reporter 13 Mr. Williams is indicating there are two 14 compartments. 15 THE WITNESS: Really three in the truck. 16 EXAMINER LYNN: Three. He is indicating 17 there was a compartment where he had his bluetooth 18 apparently after the stop. 19 THE WITNESS: Yes, sir. 20 EXAMINER LYNN: And, Mr. Jones, I believe 21 you were asking about a separate compartment, one 22 that maybe was locked or something? 23 MR. JONES: Well, let me ask, your Honor. 24 Q. (By Mr. Jones) So there is at least two 25 compartments within your reach, right, from your ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 50 1 driver's seat? 2 A. Yes, yes, yes. 3 Q. And one is where it's secured, I guess, 4 with a door, and the other one is open with a mesh? 5 A. Yes, sir. 6 Q. And they are both like right over right 7 and left of where your head would be? 8 A. One is definitely before me center and 9 then the other is in the middle. 10 Q. Which one is right in front of you? 11 A. The mesh one, the one with the mesh I 12 have like my eyeglasses, you know, pens and all that 13 stuff I normally use every day, right. That's the 14 one right before me. 15 Q. Let me ask you since you testified that 16 you knew it was legal to use a bluetooth, why did you 17 remove the bluetooth when the officer approached the 18 vehicle? 19 A. For the respect of the officer. 20 Q. Respect? 21 A. Out of -- that's what I call it. What 22 you call it, out of respect, I am going to be talking 23 to a law officer. And not only that, I mean, I 24 normally do it for normal persons. You know, if I am 25 going to be talking to you, then I want to be talking ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 51 1 to you. Now, this is a police officer. I am not 2 going to be talking to a police officer with that on, 3 you know. That's just me. Out of respect I remove 4 it, out of respect to the officer, to talk to the 5 officer. 6 Q. So let me ask you at the time that the 7 inspection, the contact was made by the officer to 8 you, and he's informing you why he's stopped you, and 9 then he informs you that you've committed a violation 10 of the Federal Motor Vehicle Safety Regulations, he 11 informs you that he believes you violated the code by 12 using a handheld device, at no time did you say, oh, 13 but actually I was holding this box of milk and 14 you've confused that with that. At no time you told 15 him that, did you? 16 A. My main thought at the time was, no, I 17 was not -- I was not using a handheld device. I keep 18 repeating that over and over. I keep telling the 19 officers that -- the officer that. But then it was 20 at the point where no matter what you say this is 21 what I am saying, so I stopped talking. I stop, say 22 it that way. 23 Q. At no time -- 24 A. No, I didn't. I didn't remember that I 25 was -- that was there. I honestly didn't remember ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 52 1 that. 2 Q. Mr. Williams, when did you take a picture 3 of Exhibit -- your Exhibit D? 4 A. Right as I am going down the road and 5 realize that why -- why would this policeman say 6 that. And then, oh, I pull over. I think I pull 7 over either there or down at the next -- I don't 8 remember, but it's the same day, the very same day. 9 The very same day, about maybe -- within maybe -- I 10 think I took it -- I am not sure -- I don't take it 11 same time when I realize but very same day. I said, 12 okay, this is the reason why he stopped me so or 13 could have been what he saw talking on the phone. 14 Q. Did you take all these pictures the same 15 day, A, B, C, and D? 16 A. Except the one -- one with this on the 17 counter. 18 Q. B? 19 A. Which is -- 20 Q. Exhibit B? 21 A. Which is B. 22 Q. Okay. Why was that taken a different 23 day? 24 A. Because after I was sent the letter, you 25 know, saying sending any -- any information or so you ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 53 1 have to be with the case, that's the letter that they 2 normally send you saying if you want to proceed to a 3 hearing or, you know, whatever it is, so I said okay. 4 Let me take a clearer shot of the bluetooth because 5 here it doesn't show that that well. 6 EXAMINER LYNN: So, Mr. Jones, you were 7 referring to Exhibit C? 8 MR. YEMC: No, I think B. 9 MR. JONES: B, your Honor. 10 MR. YEMC: B as in boy. 11 EXAMINER LYNN: Oh, I see. So Mr. Jones 12 was asking why Exhibit B which is just simply a 13 photograph of the bluetooth -- 14 THE WITNESS: Yes. 15 EXAMINER LYNN: -- why it was not taken 16 on the day -- 17 THE WITNESS: On the day, yes. 18 EXAMINER LYNN: -- of the inspection. 19 THE WITNESS: Because C wasn't that 20 clear. I realize C doesn't show that clear, so I 21 took a clearer shot of that. 22 EXAMINER LYNN: I see. 23 Q. (By Mr. Jones) So Exhibit B was taken 24 after you received notice of the violation; is that 25 what you are saying? Is that your testimony? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 54 1 A. Yeah. After they send me that letter, 2 you know, fax anything you have to put in or to 3 explain your case. 4 Q. But you took A, Exhibits -- pictures A, 5 C, and D the day of September 7, 2016? 6 A. Yeah. 7 Q. The same day of the violation inspection? 8 A. I think those are the same day, yeah. I 9 think I took these the same day, all of these. I 10 think there was some after. 11 Q. And were all these exhibits, A, B, C, and 12 D, taken with the same phone? 13 A. Yes, sir. 14 Q. And have you had -- have you had the same 15 phone since that time? 16 A. Yes, sir. 17 Q. And do you have that phone with you 18 today? 19 A. Yes, sir. 20 Q. And are those pictures still on your 21 phone? 22 A. Yes, sir. 23 Q. Can we see the pictures on your phone to 24 verify the dates the pictures were taken? 25 A. Yes, I should be able to, yes. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 55 1 MR. JONES: Could we do that? 2 EXAMINER LYNN: Let's go off the record 3 for a minute. 4 (Discussion off the record.) 5 EXAMINER LYNN: Back on the record. 6 And I just wanted to mention to our 7 reporter and for the record that the break was -- was 8 for the following reason: Mr. Williams had indicated 9 that he had taken the photographs of Exhibits A, C, 10 and D on the day of the inspection, and we were 11 attempting to check on his cell phone if there was a 12 date, a date and day, or at least date indicating 13 when he took those photos. We did find some of the 14 photos, A, C, and D, on his -- on his cell phone, but 15 we were unable to determine from those photos a date 16 of when the photographs were actually taken. 17 Mr. Jones. 18 MR. JONES: Thank you, your Honor. 19 Q. (By Mr. Jones) Mr. Williams, since you 20 have your phone with you, can you describe the 21 dimensions or the size of your phone for the record, 22 please. 23 A. I'm not sure of the size. Not sure of 24 the size. It's a big phone. Phone is a little bit 25 smaller, but it is in a solid case. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 56 1 Q. Well, and the case, is everything, is it 2 as big as your hand? Put it against your hand. Is 3 it about the size of your hand -- 4 A. Yes. 5 Q. -- with the palm included? 6 MR. JONES: Your Honor, would the record 7 reflect that he is demonstrating that the phone 8 itself is the size of his -- from his fingertips to 9 the base of his palm? 10 EXAMINER LYNN: Yes, yes. We can make 11 note of that. 12 Mr. Williams, again for the record, this 13 may help as far as determination of any 14 responsibility here, does that actually fit into your 15 shirt pocket? 16 THE WITNESS: I'm not sure. I think if 17 you try, it might. 18 EXAMINER LYNN: The answer is it does not 19 go fully into his shirt pocket. It appears to be a 20 little larger than some of the mobile phones that are 21 out there on the market. 22 Q. (By Mr. Jones) So, Mr. Williams, you 23 didn't have to leave your seat to give the officer 24 your phone, did you? 25 A. Yes, I leave the seat, yes. Finally get ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 57 1 it -- I have to get almost completely up to get 2 around behind the seat to get it for him. 3 EXAMINER LYNN: You had to unbuckle your 4 seat belt to do that. 5 THE WITNESS: Yes. I did unbuckle it to 6 let him in, and so I was already up. 7 Q. (By Mr. Jones) So let me understand 8 better about where -- where picture Exhibit A is in 9 the berth. It's in the berth area? 10 A. Yeah, sleeper berth. 11 Q. Sleeper berth? 12 A. Yes, sir. 13 Q. So okay. So describe for me how you get 14 back to this location in your sleeper berth. Do you 15 have to get up out of your seat all the way? 16 A. And walk, yes. There is a curtain there 17 so I have to get up out of my seat and go through the 18 curtain. 19 Q. And you have to walk back into the 20 compartment itself. 21 A. Yes, sir. 22 Q. And then to the right or? 23 A. Well, it's definitely behind the seat, 24 you know. So it's there is a curtain -- like a 25 curtain behind that's really the driver's side, you ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 58 1 know, from the sleeper side. So normally get up and 2 go around. 3 Q. So it's basically doing a whole like a U 4 or something going around, right? 5 A. Yeah. 6 Q. Almost a circle but not quite. 7 A. Yeah, getting up, going around. 8 EXAMINER LYNN: So you are indicating you 9 would unbuckle the seat belt, get out of the seat, 10 and walk around to an area that's behind the seat, 11 behind this curtain, and basically this is directly 12 behind your driver's seat. 13 THE WITNESS: Yeah. That's what I said, 14 behind the driver's seat. 15 EXAMINER LYNN: And that is, based on 16 Mr. Jones's question, a description of where the 17 photograph in Exhibit A was taken, this area behind 18 the driver's seat, behind this curtain, and so on -- 19 THE WITNESS: Yes, sir. 20 EXAMINER LYNN: -- and location where you 21 are saying that you had been charging your mobile 22 phone. 23 THE WITNESS: Yes, sir. 24 EXAMINER LYNN: But you unplugged it to 25 take these photographs. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 59 1 THE WITNESS: No. Yes, yes, because 2 after that, the officer already, you know. 3 EXAMINER LYNN: After the inspection was 4 over and so on. 5 THE WITNESS: Same day I take pictures. 6 EXAMINER LYNN: All right. Thank you. 7 Q. (By Mr. Jones) So, now, in comparison 8 here, the -- you don't have the carton of milk here, 9 do you? 10 A. I did not bring it. It's in my truck. I 11 didn't. I have it in my truck. It's over at the 12 truck stop. I think I keep it. I think I did. But 13 I know I did have the box, saved the box. 14 Q. Is this your hand in the picture with the 15 box? 16 A. Yeah. Yes, I hold it now to take the 17 picture. 18 EXAMINER LYNN: And you had indicated in 19 earlier testimony this milk carton was -- at the time 20 of the inspection began it was down between -- 21 THE WITNESS: It was right here. 22 EXAMINER LYNN: Between the driver and 23 passenger seat. 24 THE WITNESS: Yes, yes, right beside. 25 Q. So is this the size of a regular milk ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 60 1 carton then, one you would see at the grocery store 2 milk carton? 3 A. Yeah. They are in the -- what those 4 stores I bought it? 5 EXAMINER LYNN: Convenient store? 6 THE WITNESS: Yeah, those stores. 7 EXAMINER LYNN: Maybe I better clarify 8 Mr. Jones's question. You had asked about was this 9 the size of a regular milk carton. Mr. Williams, was 10 the kind of carton that you are indicating you 11 purchased it like at a convenient store -- 12 THE WITNESS: Yes, sir. 13 EXAMINER LYNN: -- or something? And it 14 appears to be the kind where you would poke a straw 15 through the top of it and so forth? 16 THE WITNESS: Yes, sir. Well, this one 17 carry a cork at the top. 18 EXAMINER LYNN: Oh, I see. It had a 19 little top you can unscrew, okay. 20 THE WITNESS: It's like, sorry, one of 21 those soy milk, small. 22 EXAMINER LYNN: Yeah. It indicates -- in 23 Exhibit D it does indicate it is a 1 quart size. 24 Q. (By Mr. Jones) Mr. Williams, what color 25 is the milk carton? Do you know? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 61 1 A. The milk? Sorry. 2 Q. The milk carton itself. 3 EXAMINER LYNN: Color of the carton. 4 A. It is kind of bluish, blue, some part a 5 little blue with gray, or white. 6 MR. JONES: If I could just have a 7 minute, your Honor. 8 EXAMINER LYNN: Sure. We will go off the 9 record for a minute. 10 (Discussion off the record.) 11 Q. (By Mr. Jones) Mr. Williams, you said you 12 initiated the call while you were at the rest stop. 13 Are you saying that the rest stop was within that 14 10-minute drive from your -- where you are stopped? 15 A. It wasn't that far from where I was 16 stopped. There is -- what was it? I go to Pilot 17 or -- either Pilot or Flying J or something like that 18 in that area, but I just came from the rest stop that 19 I spent the night. 20 Q. When you say rest stop, you mean like a 21 Flying J or one of those? 22 A. Yeah, one of those, you know, truck stop, 23 rest stop. Yeah, I think it was one of those -- I 24 don't think it was a rest stop. I think it was one 25 of those truck stops. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 62 1 MR. JONES: I have no further questions, 2 your Honor. 3 EXAMINER LYNN: Thank you, Mr. Jones. 4 Mr. Yemc, anything additional from you? 5 MR. YEMC: No redirect, your Honor. I 6 will just move to have Respondent's Exhibits A 7 through D admitted. 8 EXAMINER LYNN: All right. Mr. Jones, 9 any objections to that? 10 MR. JONES: No objection, your Honor. 11 EXAMINER LYNN: Okay. We will admit 12 Exhibits A through D for Mr. Williams and admit into 13 evidence. 14 (EXHIBITS ADMITTED INTO EVIDENCE.) 15 MR. YEMC: Okay. Thank you, your Honor. 16 And there is no further witnesses on the part of the 17 Respondent. 18 EXAMINER LYNN: All right. Thank you. 19 Do either parties have any additional -- oh, I can 20 ask this question, it's not critical this be done, 21 does either party want to submit a brief, 22 post-hearing brief? 23 MR. YEMC: No. 24 EXAMINER LYNN: No. Okay. 25 MR. JONES: No, your Honor. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 63 1 EXAMINER LYNN: That resolves that issue. 2 Having said that I believe that will wrap 3 up our proceedings for today and thank you all for 4 being in attendance. 5 (Thereupon, at 11:13 a.m., the hearing 6 was concluded.) 7 - - - 8 CERTIFICATE 9 I do hereby certify that the foregoing is 10 a true and correct transcript of the proceedings 11 taken by me in this matter on Tuesday, May 2, 2017, 12 and carefully compared with my original stenographic 13 notes. 14 15 _______________________________ 16 Karen Sue Gibson, Registered Merit Reporter. 17 18 (KSG-6356) 19 - - - 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481