My question involves traffic court in the State of: California
I'm looking to find some information on writing an appeal (format mostly), and if certain arguments I plan to use are workable.
I lost a TBD and Trial De Novo in Lake County California.
Here's the gist, I was cited for 51 in a 35 on a major arterial highway in Lake County. I wiped the floor with the officer's case using his own recollection of the facts to prove that I was not violating 22350 for which I was cited. The judge was very biased and found me guilty.
Here are my issues:
1: The Traffic Survey was "judicially noticed", the officer never attempted to introduce the survey, and was explaining where he was and the posted speed limit when the Judge cut him off with "Judicail notice is taken of the surveys on the bench and particularly one that is associated with that area of [City where citation was issued]" He they grabbed a binder full of surveys for the county, and pulled the one for that section out. Can the judge do this? The survey was never formally announced as introduced into evidence, and the officer made no mention of it.
2. I asked to see the survey, we took a recess for me to look over the survey, when we came back from the recess, I immediately motioned for dismissal on grounds of an out of date survey, 6 years old. The judge said "There's also exceptions to that within the code section, as you read it further." At the time I was unfamiliar with the exact section (I know now that he is referring to 40802 subsection (c)). The judge had myself and the officer point out the survey, then he asked the officer what his response to the motion was, Isn't that asking the officer to act as prosecution? I didn't object because I did not know for sure if that is the case he responded, with where he was parked and so forth, the Judge pointed out that I was raising a speed trap defense related to the survey, not his parked position. He took my Motion under submission to get a response from the CHP.
3. The Judge ordered a formal response from the CHP regarding subsection (c) from 40802 postmarked by 8/1/11 or it would be dismissed. They received a fax 8/16/11 from the CHP responding to the Traffic Minute Order issued by the Judge. Well after the date the judge ordered (The copies of all this are in the Clerk's Transcript on Appeal). The Judge ignored his own order when the trial resumed 8/18/11. Can I use this as an argument of Judicial error?
4. When the trial resumed on 8/18/11. I raised the argument that the officer never presented into evidence his POST certified radar training, he said he did, I said the Calibration for the radar yes, but the cert. no. he said "You don't have to bring everything if you're testifying as to stuff. Okay."Without the physical POST Certificate, his testimony as to his training is Hearsay, correct? Then found me guilty.
Can I use the arguments in bold, and does anyone have sample Opening Briefs or an outline of how I should write my Opening Brief? And does anyone have advice on where to find cites or specific cases pertaining to my arguments?
Thanks in advance for your help,