1 1 BEFORE THE PUBLIC UTILITIES COMMISSION OF OHIO 2 - - - 3 In the Matter of : : 4 Mouhamet Diouf : Case No. 16-2347-TR-CVF : 5 : 6 - - - 7 PROCEEDINGS 8 before Kerry Sheets, Attorney Examiner, at the 9 offices of the Public Utilities Commission of Ohio, 10 180 East Broad Street, Room 11C, Columbus, Ohio, on 11 Wednesday, February 15, 2017, at 10:00 a.m. 12 - - - 13 14 15 16 17 18 19 20 21 22 23 ARMSTRONG & OKEY, INC. 222 East Town Street, Second Floor 24 Columbus, Ohio 43215-4620 (614) 224-9481 - (800) 223-9481 25 - - - ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 2 1 APPEARANCES: 2 Michael DeWine, Ohio Attorney General By Werner L. Margard, Esq. 3 Assistant Attorney General 30 East Broad Street, 16th Floor 4 Columbus, Ohio 43215 5 On behalf of the Staff of the Public Utilities Commission of Ohio. 6 Mouhamet Diouf 7 7572 Maple Trunk Drive Canal Winchester, Ohio 43110 8 Appearing pro se. 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 WITNESSES: PAGE 4 RANDY D. LEWIS Direct Examination by Mr. Margard 5 5 Cross-Examination by the Respondent 12 Redirect Examination by Mr. Margard 14 6 THOMAS PERSINGER 7 Direct Examination by Mr. Margard 15 8 MOUHAMET DIOUF Direct Testimony by the Respondent 21 9 Cross-Examination by Mr. Margard 24 10 - - - 11 STAFF EXHIBITS ID'D ADMT'D 12 1 - Driver/vehicle examination report 7 20 13 2 - Notice of preliminary determination 18 20 letter 14 - - - 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 4 1 Wednesday morning, 2 February 15, 2017. 3 - - - 4 THE ATTORNEY EXAMINER: The Public 5 Utilities Commission of Ohio has set for hearing at 6 this time and place Case No. 16-2347-TR-CVF in the 7 matter of Mouhamet Diouf. My name is Kerry Sheets. 8 I'm an attorney examiner for the commission, and 9 I've been assigned to hear this case. 10 May I now have the appearances of the 11 parties, please, starting with Staff. 12 MR. MARGARD: Thank you, Your Honor. 13 On behalf of the Staff of the Public Utilities 14 Commission of Ohio; Mike DeWine, Ohio attorney 15 general; William Wright, section chief of the Public 16 Utilities Section by Assistant Attorney General 17 Werner L. Margard, 30 East Broad Street, 16th Floor, 18 Columbus, Ohio. 19 THE ATTORNEY EXAMINER: Mr. Diouf, do 20 you want to give your name and address? 21 THE RESPONDENT: I'm Mouhamet Diouf, 22 and I live at 7572 Maple Trunk Drive, Canal 23 Winchester, Ohio 43110. 24 THE ATTORNEY EXAMINER: Thank you. 25 Let's go off the record here for a moment. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 5 1 (Discussion off the record.) 2 THE ATTORNEY EXAMINER: Back on the 3 record. 4 Do you have witnesses to call? 5 MR. MARGARD: Thank you, Your Honor. I 6 have two this morning. I would like to begin, if 7 you please, with Trooper Randy Lewis. 8 (Witness sworn.) 9 THE ATTORNEY EXAMINER: Be seated. 10 - - - 11 RANDY D. LEWIS, 12 called as a witness, being first duly sworn, 13 testified as follows: 14 DIRECT EXAMINATION 15 BY MR. MARGARD: 16 Q. State your name, please. 17 A. Trooper Randy D. Lewis. 18 Q. And by whom are you employed, 19 Mr. Lewis? 20 A. I'm employed by the Ohio State Highway 21 Patrol, currently in the Licensing and Commercial 22 Standards Division. 23 Q. And out of what post or office do you 24 operate? 25 A. I'm out of the Columbus District ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 6 1 Headquarters, District 6. That's at 2855 Dublin 2 Granville Road, Columbus, Ohio. 3 Q. Can you briefly describe your duties 4 and responsibilities, please? 5 A. I have the duties of a standard highway 6 patrol trooper, which are enforce the ORC code of 7 the state of Ohio, assist the motoring public, and 8 investigate traffic crashes. I also have duties to 9 the Public Utilities Commission in the form of a 10 certified inspector for commercial vehicles. 11 Q. And how long have you been employed by 12 the highway patrol? 13 A. I've been employed by the highway 14 patrol 23 years yesterday. 15 Q. And how long have you performed motor 16 carrier inspections? 17 A. About a year. 18 Q. And you used the word "certified." Do 19 you have special training or certifications to 20 perform those duties? 21 A. I do. 22 Q. And what certifications do you hold, 23 sir? 24 A. I hold the North American Standards A 25 and B, the hazmat -- general hazmat, bulk and ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 7 1 nonbulk and other package, and also motor carrier 2 for commercial busses. 3 Q. Thank you, sir. Were you on duty on 4 September 1 of 2016? 5 A. I was. 6 Q. And what was your assignment or what 7 were your duties on that date? 8 A. To the standard highway patrol trooper 9 duties and also the inspection duties. 10 Q. And in the course of your duties on 11 that date, did you have an opportunity to inspect 12 the vehicle that was being operated by Mr. Diouf, 13 the respondent in this case? 14 A. I did. 15 Q. Do you have an independent recollection 16 of that inspection today? 17 A. I do. 18 Q. During the course of that inspection, 19 did you have an opportunity to prepare a report 20 summarizing your findings? 21 A. Yes. 22 MR. MARGARD: Your Honor, may I 23 approach? 24 THE ATTORNEY EXAMINER: You may. 25 (Staff Exhibit 1 was marked for ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 8 1 identification.) 2 BY MR. MARGARD: 3 Q. Trooper Lewis, I have handed you a 4 multipage document that's been marked for purposes 5 of identification as Staff Exhibit No. 1. Can you 6 identify that document for me, please? 7 A. That is the inspection in paper form. 8 Q. And this is the report that you 9 completed at the time of your inspection? 10 A. That's correct. 11 Q. And, if you would, please, just take a 12 moment to review it. I'm going to ask you if it 13 accurately reflects the report that you took on that 14 date. 15 A. It does. 16 Q. Thank you, sir. I note at the top that 17 this is a Level III inspection. What is a Level III 18 inspection, please? 19 A. A Level III addresses driver and 20 paperwork. Basically, it's not a vehicle 21 inspection. So I'm not inspecting the equipment 22 that the driver's using, just the driver, his log, 23 registration, you know, those type of issues. 24 Q. Do you know why you happened to inspect 25 this vehicle on this date? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 9 1 A. I observed an obvious violation on the 2 driver. 3 Q. And what was the violation that you 4 observed, please, sir? 5 A. Not wearing his safety belt. 6 Q. And how did you -- you described this 7 as "obvious." How was that violation obvious to 8 you? 9 A. As the defendant was approaching my 10 position, I noticed that he was wearing a 11 safety-green t-shirt, which made it easy to see his 12 chest and upper torso, and there was absolutely no 13 obstruction to the green color. So I ended up 14 initiating the stop. And once I had approached and 15 spoke with the defendant, I noticed that the color 16 of the safety belt that he would have been wearing 17 was black and would greatly contrast with the shirt, 18 so I knew that he was not using it. 19 Q. Just so that we're clear, where was 20 your vehicle positioned on the roadway? 21 A. My vehicle would have been in the 22 median initially, and then I'd pull out and catch up 23 to the defendant. 24 Q. And this -- it indicates the location, 25 that this was on Interstate Route 270; is that ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 10 1 correct? 2 A. Yes. 3 Q. And you would have seen his vehicle 4 approaching you? 5 A. That is correct. 6 Q. And you had a clear view inside the 7 cab, at his shirt, unobstructed? 8 A. Yes. 9 Q. Did you have any conversation with 10 Mr. Diouf at the time of your inspection? 11 A. I'm sure I did. I probably advised him 12 why he was being stopped and that I was going to 13 complete a DOT inspection. 14 Q. Do you have any recollection of 15 anything he may have said to you at that time? 16 A. I don't recall whether he complied or 17 argued the violation or not. He did comply with 18 supplying me all the documents that I requested. 19 Q. He was, in your opinion, cooperative? 20 A. Yes, at the time. I don't remember a 21 problem. 22 Q. If I ask to draw your attention to the 23 violations section of your report, you note there 24 the violation code. Can you tell me what 25 information you -- do you write all of this ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 11 1 information in, or do you just put some of this 2 information in? 3 A. Some of it, when I type in the 4 violation, it self-populates a worded description of 5 the violation. And then there's another block where 6 I can put in notes that I, you know, can verbatim 7 do. I can read that if you'd like. 8 Q. Well, for example, it says "failing to 9 use seat belt while operating CMV." Would that have 10 been part that was automatically populated? 11 A. Yes. 12 Q. There's a subsequent comment, though -- 13 the "safety green shirt, black seat belt." Those 14 would be the notes that you added yourself? 15 A. That's correct. 16 Q. Okay. Very good. Is there anything 17 about this inspection or anything else about this 18 violation that you think the commission needs to 19 know to make a determination in this case? 20 A. No. 21 MR. MARGARD: Thank you, Your Honor. I 22 have no further questions of the trooper. 23 THE ATTORNEY EXAMINER: Mr. Diouf, do 24 you have any questions of this witness? 25 THE RESPONDENT: No. I just want to ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 12 1 argue my case. 2 THE ATTORNEY EXAMINER: Speak up, 3 please. 4 THE RESPONDENT: I said no. I just 5 want to argue my case. 6 THE ATTORNEY EXAMINER: You have to ask 7 questions -- 8 THE RESPONDENT: He's talking -- 9 THE ATTORNEY EXAMINER: Excuse me. You 10 have to ask him questions. 11 THE RESPONDENT: Okay. 12 - - - 13 CROSS-EXAMINATION 14 BY THE RESPONDENT: 15 Q. When you stopped me on that day and you 16 told me I did not wear a seat belt, did I tell you 17 that I have a green wristband like those ones that 18 they put on the seat belt in case -- when you have, 19 like, a chest hurt, you put it on the seat belt? 20 Did I tell you that? 21 A. I don't recall whether you did or not. 22 Q. Yeah, I did tell you that. And then, 23 if you remember -- and I tell you, "You have a nice 24 day, sir. I'm going to just talk with the PUCO 25 about what I have on that day." I did have a green ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 13 1 shirt on that day, and I have a green wristband 2 on -- 3 THE ATTORNEY EXAMINER: Ask your 4 question, Mr. Diouf. 5 THE RESPONDENT: Okay. 6 BY THE RESPONDENT: 7 Q. Did you see a green wristband on my 8 tractor when you stopped me? 9 A. I don't recall. All I noted was "black 10 seat belt." 11 Q. But on the seat belt, did you see, 12 like, the green wristband -- 13 A. I don't recall. 14 Q. -- a light green wristband that matched 15 my shirt? 16 A. I don't recall a green wristband. 17 THE RESPONDENT: That's all I have. 18 THE ATTORNEY EXAMINER: Do you have any 19 more questions? 20 THE RESPONDENT: No. No, Your Honor. 21 THE ATTORNEY EXAMINER: No more? 22 Do you have any? 23 MR. MARGARD: If I can just follow up 24 on that, please, Your Honor. 25 - - - ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 14 1 REDIRECT EXAMINATION 2 BY MR. MARGARD: 3 Q. If he had indicated to you that he had 4 some kind of a covering for the seat belt, would you 5 have asked to see it? 6 A. If he would have indicated it and I 7 didn't physically see it, then, yes, I would have 8 wanted to see it. I don't recall whether that 9 happened or not. 10 I don't write many of these violations, and 11 I only write them when they're obvious to me. If it 12 was -- if the wristband was there and I saw it, then 13 it would have been -- I believe that I would have 14 noticed the wristband on as he passed by. As I 15 recall the shirt, the shirt was perfect. There was 16 no -- no lines, no discolorations. 17 Q. Had he shown you this wristband, would 18 you have noted that in your notes? 19 A. If I -- if I still wrote him for it and 20 he showed it to me and I knew that that would have 21 been an issue, I would have made a note of it, 22 but -- 23 Q. You either would have not issued the 24 violation at all or you would have at least noted it 25 in your report? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 15 1 A. That's correct. 2 MR. MARGARD: That's all I have. Thank 3 you, Your Honor. 4 THE ATTORNEY EXAMINER: Do you have any 5 on recross, Mr. Diouf? 6 THE RESPONDENT: No. No, Your Honor. 7 THE ATTORNEY EXAMINER: No more? 8 You're excused. 9 OFFICER LEWIS: Yes, sir. 10 MR. MARGARD: Your Honor, I would like 11 to call Mr. Tom Persinger to the stand, please. 12 (Witness sworn.) 13 THE ATTORNEY EXAMINER: Be seated. 14 - - - 15 THOMAS PERSINGER, 16 called as a witness, being first duly sworn, 17 testified as follows: 18 DIRECT EXAMINATION 19 BY MR. MARGARD: 20 Q. State your name, please. 21 A. My name is Thomas Persinger. 22 Q. And by whom are you employed, 23 Mr. Persinger? 24 A. I'm employed with the Public Utilities 25 Commission of Ohio in the Transportation Department, ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 16 1 Compliance Division. 2 Q. And what are your job duties in the 3 Compliance Division? 4 A. My duties include acting as a 5 compliance officer, determining fines related to or 6 that follow a roadside inspection. 7 Q. And how long have you been performing 8 that job? 9 A. A little over five years. 10 Q. Did you initially review this case -- 11 do you know? -- when it first came to the 12 commission? 13 A. I was not the initial assigned 14 officer -- compliance officer on the matter. 15 Q. Have you had an opportunity to review 16 the commission's file prior to this hearing? 17 A. Yes, I have. 18 Q. Okay. Before we get to the forfeiture 19 at issue here, can you please briefly describe for 20 us how a civil forfeiture is determined for 21 violations? 22 A. A civil forfeiture is determined by 23 looking at the code site for the violation that's 24 been written and then comparing it to what is on the 25 assessment -- the assessment chart and, depending ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 17 1 upon the group that the violation falls in for 2 nonhazmat violations, determines the fine amount. 3 Q. You mentioned an assessment chart. 4 This is some kind of a standard matrix, a form of 5 some sort that determines -- what? -- certain fines 6 for certain violations? 7 A. Yes, sir. 8 Q. And do you know where that chart comes 9 from or who develops that? 10 A. We base a lot of it upon the CVSA, or 11 the Commercial Vehicle Safety Alliance, 12 recommendations. 13 Q. And are those groupings and are those 14 dollar amounts consistent with those recommended by 15 the Commercial Vehicle Safety Alliance? 16 A. Yes, sir. 17 Q. And is the procedure that you've 18 described consistent for all violations? 19 A. Yes, sir. 20 Q. Now, you did indicate that you had an 21 opportunity to review the commission's file in this 22 case? 23 A. Correct. 24 Q. Were notices sent to the respondent 25 about this violation? ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 18 1 A. Yes, sir. 2 MR. MARGARD: Your Honor, may I 3 approach? 4 THE ATTORNEY EXAMINER: You may. 5 (Staff Exhibit 2 was marked for 6 identification.) 7 BY MR. MARGARD: 8 Q. Mr. Persinger, I have handed you a 9 two-page document that's been marked for purposes of 10 identification as Staff Exhibit No. 2. Can you 11 identify this document for me, please, sir? 12 A. Yes, sir. It is a notice of 13 preliminary determination letter. 14 Q. Is this one of the documents that's 15 contained in the commission's file with regard to 16 this matter that you reviewed prior to this hearing? 17 A. Yes, sir. 18 Q. Can you briefly describe for me what 19 this notice indicates? 20 A. This notice indicates the violation 21 that was written at roadside along with the group 22 that the violation fell into along with the 23 forfeiture amount. And the letter also indicates 24 that a -- that a settlement conference was attempted 25 on the matter but was not resolved. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 19 1 Q. The group, I presume, refers back to 2 that matrix that we discussed earlier? 3 A. Correct. That CVSA-guideline-related 4 chart. 5 Q. And in your opinion, was this violation 6 properly categorized? 7 A. Yes, sir. 8 Q. And is this the correct assessment 9 amount based on that matrix? 10 A. Yes, it is. 11 Q. And do you believe that the forfeiture 12 amount was accurately and reasonably determined in 13 this case? 14 A. Yes, it was. 15 Q. As a final question, Mr. Persinger, 16 based on your review of the commission's file, is it 17 your opinion that the respondent in this matter 18 received all of the notices that they were entitled 19 to receive under the administrative code? 20 A. Yes, sir. 21 MR. MARGARD: Thank you, Your Honor. I 22 have no further questions of the witness. 23 THE ATTORNEY EXAMINER: Mr. Diouf, do 24 you have any questions of this witness? 25 THE RESPONDENT: No, I don't have no ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 20 1 questions. 2 THE ATTORNEY EXAMINER: No? 3 You're excused. 4 MR. MARGARD: Your Honor, I have no 5 further witnesses, and I would respectfully move for 6 the admission of Staff Exhibits 1 and 2. 7 THE ATTORNEY EXAMINER: Very good. 8 Staff Exhibits 1 and 2? 9 MR. MARGARD: Yes, sir. 10 THE ATTORNEY EXAMINER: We'll admit 11 those into evidence at this time. 12 (Exhibits admitted into evidence.) 13 MR. MARGARD: Thank you. 14 THE ATTORNEY EXAMINER: Anything more? 15 MR. MARGARD: I have nothing further, 16 Your Honor. Thank you. 17 THE ATTORNEY EXAMINER: All right. 18 Well, if that's it, I thank you all for coming. 19 MR. MARGARD: I believe Mr. Diouf -- 20 THE ATTORNEY EXAMINER: Oh, I'm sorry. 21 MR. MARGARD: -- indicated he would 22 like to -- 23 THE ATTORNEY EXAMINER: Yeah. 24 Mr. Diouf, come up to the stand, please. 25 (Witness sworn.) ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 21 1 THE ATTORNEY EXAMINER: Please be 2 seated. Now, I want you to present your testimony 3 in a narrative style. Be sure to speak up. 4 THE RESPONDENT: Okay. 5 THE ATTORNEY EXAMINER: The acoustics 6 aren't very good in this room, but increase the 7 volume of your voice and just tell us what happened 8 on the day of the inspection. 9 - - - 10 MOUHAMET DIOUF, 11 called as a witness, being first duly sworn, 12 testified as follows: 13 DIRECT TESTIMONY 14 THE RESPONDENT: On September 1, 2016, 15 I was coming out of the CSX Intermodal with a 16 Quintana. It was a hazmat -- I'm a hazmat-certified 17 driver. And I was on the I-270 approaching the 18 Exit 49 on Mile Marker 48. 19 That's when I see this Trooper Lewis 20 following me behind and with the light on. As soon 21 as I see the light on -- there was two commercial 22 vehicle. One -- I was on the right, and the other 23 one was in the middle -- and approaching the middle. 24 So we keep going. We didn't slow down. And then, 25 when he moved to the right, that's when I pulled up ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 22 1 on the side, and then he come behind me. 2 When he come behind me, he present himself 3 as Trooper Lewis, and then he told me that he was 4 with the highway patrol -- Ohio highway patrol, and 5 he asked for the registration and CDL license. And 6 then he conduct a Level III inspection -- walk 7 around, look at my lights, and all of that. 8 And then he went to his car. When he went 9 to his car, he come back with the paper to sign. 10 And before I sign it, I take a look at it. When I 11 take a look at it, I see that he wrote "failing to 12 use seat belt." 13 So I asked him -- I did wear the seat belt. 14 I told him, "I did wear the seat belt." 15 And he said that "When you passed by, I did 16 not see you." I don't know if that's me that he -- 17 because we was two commercial vehicles on side by 18 side, and he was standing right there with the 19 scanner on the green van. I mean -- not green van. 20 The gray van -- the state trooper gray van. Because 21 I see him every day. As of yesterday -- every 22 day -- I mean, that's my route of work. 23 So when I -- I tell him that the seat 24 belt -- when you opened my passenger side, you seen 25 me taking it off, and I take it off in front of you. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 23 1 And I did have a green wristband and -- because I'm 2 a certified commercial vehicle with the hazmat. So 3 wearing a seat belt -- it does matter for me, and a 4 seat belt has saved my life not only once, twice, or 5 three times. It's saved my life. I've been through 6 bad accident. The seat belt saved my life. So why 7 would I not wear a seat belt? 8 So when he said that -- he's an officer. I 9 didn't want to argue with him, so I just signed the 10 paper and go with it. And then, when I received the 11 letter, that's when I did the follow -- I mean the 12 light pressure, which is, like, ask for a hearing. 13 And I did ask for one, two, and this is the final 14 hearing for it. So -- 15 But when he inspected me, I mean, he didn't 16 find nothing wrong in my tractor with that 17 Level III -- like anything visible that's a danger 18 to the public or anything. But when he write the 19 seat belt, I was kind of shocked because you stopped 20 me for inspection, you didn't find nothing wrong, 21 and then suddenly you come back with the seat belt, 22 and I already wear my seat belt. 23 THE ATTORNEY EXAMINER: Does that 24 conclude your testimony, Mr. Diouf? 25 THE RESPONDENT: Yeah, that concludes ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 24 1 my testimony. 2 MR. MARGARD: Let me have a moment, 3 please, Your Honor. 4 I have a few questions, if I may, please, 5 Your Honor. 6 - - - 7 CROSS-EXAMINATION 8 BY MR. MARGARD: 9 Q. You've described this -- let me back 10 up. 11 You were wearing a green shirt that day? 12 A. Yeah, I was wearing green shirt. And 13 my seat belt -- it has a wristband. I mean, I can 14 show you on my chest -- that I have a chest pain, 15 and thus I have to wear that so that seat belt will 16 be comfortable on me. 17 Q. We'll get to that in a minute. Do you 18 always wear a green shirt? 19 A. If I always wear a green shirt? 20 Q. Yes. 21 A. No. 22 Q. You just happened to be wearing a green 23 shirt this day? 24 A. On that day, yeah. 25 Q. You described this as a wristband. ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 25 1 Give us a better idea of exactly what this is. How 2 big is this? What does it look like? How much of 3 the belt does it cover? 4 A. It's like this long. 5 Q. And so we need to come up with a 6 measurement, not just a -- so that's about a foot 7 and a half, maybe 2 feet? 8 A. That's like, I don't know, 2 feet. 9 Yes, around 2 feet. Yeah. 10 Q. Okay. 11 A. It's like -- it's an additional 12 accessory that you add to the seat belt. 13 Q. And how does it go on the seat belt? 14 A. Like you -- it comes with a kind of 15 clipper that you clip -- like you take it off and 16 put it in the seat belt, and you clip it on it. If 17 you go to AutoZone or NAPA or Front Liner's, like, 18 they have it because too many people like -- they 19 have, like, chest pains. Sometimes they wear it 20 just for extra comfort. 21 Q. Is this padded? 22 A. Yeah. 23 Q. And you indicated that it was green? 24 A. It was -- it was light green. You know 25 the reason why we -- like, you know, why I choose ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 26 1 the light green? Like these kind of cases, like if 2 they see you -- because I want to be visible. Like, 3 when you see me, that you know that I'm in the 4 right -- I'm doing the right thing. So -- 5 Q. You only have one of these that you 6 use, and you don't use a different colored one with 7 your green shirt? You use the green one all the 8 time? 9 A. That's the -- that's the only one I 10 have. 11 Q. Okay. Have you ever received a 12 citation or a violation for failing to wear your 13 seat belt before? 14 A. I have before on the I-270 with the 15 highway patrol. At that time, I was driving a 16 commercial vehicle -- the old model that don't 17 have -- they don't have the seat belt that goes 18 across. They have the seat belt that you put -- 19 like on the planes -- those kind of seat belts. 20 That's what they have. 21 Q. You're indicating a lap belt as opposed 22 to a shoulder. 23 A. They used to have, like, the one that 24 goes right by your waist. And when I go to the 25 court, I explain to them that, and then they ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 27 1 understand. And I tell them the description of the 2 vehicle and the year. They understand that what I 3 was saying was right, and they dismissed that case. 4 Q. I see. All right. If -- and I 5 understand and appreciate your respect for the 6 officer and the job that he was performing -- 7 A. Yeah. 8 Q. -- but if you believed that the 9 inspection report that he had written was 10 inaccurate, why did you not ask him to correct it 11 before you signed it? 12 A. When I see it, I asked him, "I did wear 13 the seat belt." 14 And he said, "No, you did not." 15 And I didn't want to argue with him. So the 16 only way we can do it is we go to the court. So 17 that way, I'm not going to be there back and forth, 18 wasting his time, wasting my time. So it's a 19 citation. He write it, I tell him, and he didn't 20 agree. So, I mean, instead of, like, go back and 21 forth, why not we don't come to the court and we 22 talk about it? 23 MR. MARGARD: There you go. And thank 24 you for your testimony today. 25 And, Your Honor, I have no further ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 28 1 questions. Thank you. 2 THE ATTORNEY EXAMINER: Okay. Do you 3 have anything more to add to what you said before, 4 Mr. Diouf? 5 THE RESPONDENT: No, I don't, Your 6 Honor. 7 THE ATTORNEY EXAMINER: You're excused. 8 THE RESPONDENT: Thank you. 9 THE ATTORNEY EXAMINER: Is there 10 anything more? 11 MR. MARGARD: I have nothing further. 12 Thank you, Your Honor. 13 THE ATTORNEY EXAMINER: Very good. 14 Now, with that said, I'll thank you all for coming 15 and consider this case submitted on the record. 16 (Thereupon, the hearing was concluded at 17 10:25 a.m.) 18 - - - 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481 29 1 CERTIFICATE 2 I do hereby certify that the foregoing 3 is a true and correct transcript of the proceedings 4 taken by me in this matter on Wednesday, February 5 15, 2017, and carefully compared with my original 6 stenographic notes. 7 8 ___________________________ 9 Heather A. Piper, Registered Professional Reporter and 10 Notary Public in and for the State of Ohio. 11 12 13 My commission expires October 29, 2020. 14 15 16 17 18 19 20 21 22 23 24 25 ARMSTRONG & OKEY, INC., Columbus, Ohio (614) 224-9481