United States District Court, E.D. California
A. Boardman, Defendant
Michael E. Mitchell Attorney for Defendant
WAIVER OF DEFENDANT’S PERSONAL PRESENCE AND
REQUEST TO APPEAR VIA TELEPHONE; ORDER THEREON
Michael J. Seng UNITED STATES MAGISTRATE JUDGE
Boardman and his counsel, Michael E. Mitchell, have signed
and returned the plea agreement whereby Mr. Boardman would be
pleading guilty to a count of a violation of Title 36 CFR
section 4.2(b), incorporating California Vehicle Code section
23103(a)- Driving recklessly upon a highway in willful or
wanton disregard for the safety of persons or property. His
plea and sentencing hearing is set for August 24, 2016 at
Defendant Chad A. Boardman (“Mr. Boardman”)
having been advised of his right to be present at all stages
of proceedings, including, but not limited to, presentation
of and arguments on questions of fact and law, and to be
confronted by and to cross-examine all witnesses, hereby
waives the right to be present at the hearing of any motion
or other proceeding in this cause. Examples of hearings
concerning which the defendant waives the right to be present
include initial appearance, when the case is set for trial,
when a continuance is ordered, during a plea or change of
plea, during sentencing or any case disposition, when a
motion for reduction of bail or for a personal recognizance
release is heard.
undersigned Defendant requests the Court to proceed during
every absence of the Defendant that the Court may permit
pursuant to this waiver, and hereby agrees that his interest
is represented at all times by the presence of his attorney
the same as if the Defendant were personally present in
court, and further agrees that notice to Defendant’s
attorney that Defendant’s presence in court on a
particular day at a particular time is required is notice to
the Defendant of the requirement of Defendant’s
appearance at that time and place.
Boardman is 40 years old.
Boardman currently resides in San Diego, California. San
Diego, as I’m sure the court is aware, is located
approximately 432 miles from Yosemite National Park (YNP). He
was on vacation at YNP when this incident occurred. He is
unable to appear in person at the scheduled hearing on
February 23, 2016 at 9:00 a.m., due to a number of reasons.
Boardman would suffer a number of professional, personal and
financial hardships if he had to return to YNP for the
arraignment in this matter.
currently employed at Freight Aces. He is the owner of
business, which has been in operation for 13 years.
Boardman’s job duties include, but are not limited to,
the following: handling all company expenses and job
requests; driving to and back from the office on a daily
basis; booking freight shipments; answering customer calls
and emails; moving trucks around the yard and delivering
order to attend court, he would have to miss at least three
days of work for travel ...