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STATEMENT OF FACTS Defendants Name: Leong Ben Lee Case: # A460591 I respectfully submit this written declaration to your

honor for adjudication for citation issued by Officer Marshall of Alhambra PD for No Seat Belt violation on First St, Alhambra on 11/18/10, at 11:23pm. The facts of my case are as follows:Driving condition: Night with lights from lamp post under good weather. Speed: 15mph on a 25mph zone. I was parked in front of Granadas dance studio on 17 th S. First St. As I entered my car, and drove towards S. Main, turning right, and then turning right towards Garfield, I was stopped and issued a ticket by Officer Marshall. The total amount of distance from the time I drove from 17 S First St to where I stopped at 19 S Garfield is 758 feet. 1. While I respect and accept the citation from Officer Marshall, I want the court to know that I have my safety belt on at all times. The fact is I have to unbuckled my safety belt to reach for my license in my wallet, and also insurance and registration papers for Officer Marshall when he stopped me.

2. S. First Street is a ONE WAY street.( See exhibit A attached.) Under the nightfall and glaring light condition of the incident, Officer Marshalls patrol car must be behind me. Through the windshield of his patrol car and through the windshield of the back of my car, plus the glaring lights at night, I must say that visibility is blurry at best. It may appeared that I was not wearing safety belt from the officers angle behind me, but indeed, I have my safety belt on. I enclosed 2 photos (See exhibit B attached) from the location on First St which I took of cars going towards S. Main, one of normal range and one of closed-up range from my camera. I have also tried to ascertain by driving behind cars at night under the same conditions and see if I can see if the driver is wearing safety belt, but its blurry at best even at close-up. (As stated on the ticket by Officer Marshall, the color of my car is blue. That's what appeared to the officer but the fact is, the color of my car is metallic gold. This further supports the fact that the circumstances such as light and night condition created confusion in perceptions of the incident.)

My statement of facts is by no means directed at Officer Marshall but at the circumstances surrounding the incident. I sincerely believe that he has carried out his duty professionally based on his perception at the time of the incident, which appeared that I was not wearing seat belts. As a driver who has no intention to break the law and was certain that my safety belt was on during the incident, I want to state to the court that my safety belt was on during the time of the incident. The circumstances and conditions such as the one way street, night time, and glaring lights raises reasonable doubt of the perception of the driver was wearing a safety belt to the officer as stated by the exhibits enclosed. I trust in the court's fairness and believe that my citation should be dismissed in the interest of justice. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Leong Ben, Lee Date: Feb, 8, 2011