My question involves a speeding ticket from the State of: California
I have received a ticket for alleged violation of 22349 b VC (going over 55 mph upon a two-lane, undivided highway).
However, two friends of mine with a radar detector in their car, who were driving in my immediate vicinity, said no radar ever went off in the course of my being stopped for the alleged violation. The officer was not measuring my speed by following either, as he was standing by the road first and then went after me when I was passing another car, which went way below the posted speed limit. Thus, the officer must have made up the number when he informed me he "clocked me" at 71 mph. This was allegedly as the moment of my passing (I went below the speed limit before and at the limit after the passing). "Curious" that, as opposed to the speed of 70 mph or lower, the alleged 71 mph or higher qualifies me for a much higher fine amount. Additionally, my friends did exactly the same thing right after me, meaning they passed the same slow car. When the officer switched on his lights behind us, my friends pulled over (and they remained there waiting for me), but the policeman indicated he wanted me instead. We suspect the officer chose me due to my Illinois license plate, as he assumed I would not be able to come to the trial. When I asked him about the court date on my ticket, the officer indeed said that was just the date by which I needed to send in my money.
So I would like to file for a discovery or subpoena, asking for any records the police has concerning the radar being allegedly used during the incident. I understand that to begin with, I still need the maintenance log (to make sure his radar was properly calibrated), but then also any log or notes, or radar readings, the cop was supposed to make during the incident. And perhaps the video recording I have heard they have of all stops. But I do not know what records exactly they in fact make of such traffic stops. Could you advise me what exact terminology I should use to request these--I mean how would be officially called the documentation the officer was supposed to create in his log/notes/records of my alleged speeding? (And I hope that by requesting the maintenance/calibration log, I will not in fact create an impression I believe he did use one.)
If I go with the discovery option, I am thinking that effectively indicating to the police (assuming they will show my request to the pertinent officer) how seriously we are taking this (my friends would write a witness statement for me and/or join me at the trial), and that I will be appearing at the court instead of sending money from Illinois to begin with, should in fact convince the officer not to attend the trial.
However, if it is better not to let the officer know what we want to argue, I should use the subpoena.
Do you have any experience in this regard? Any recommendations?
Thank you very much for any and all your thoughts,