Re: Trial De Novo for Speeding, CVC 22350
As far as the recording, if you have any intention of requesting a recorded hearing, I would not wait until the trial date. but that is just me. I addition to the issues you mentioned having to decide, you have to also consider that an official recording and one which will be used as the record for a possible appeal will have to be professionally transcribed... At your cost... (Don't ask me how much because I have not looked into it, but it ain't cheap). And unless you are willing to go through with paying for it, there is no use to request it.
On the other hand, personal recordings ARE indeed only used for personal notes and will not serve as an official record... And aren't that bad of an alternative, but you still have to request permission
Sounds to me like you're planning a show and my advice to you is grandstanding and challenging (or is it "exposing") the judge will not earn you any points nor will you intimidate him/her into dismissing your case!
Also, planning a certain course of action, and one which involves the officer's failure to produce the survey will only work against you... Going in with the assumption the case will work out your way is the worst thing you can do.. Well, actually, a cocky attitude might hurt you more. Not saying you have one but I can tell you that it doesn't take much to tick off a judge, one word could do it... One interruption while he is talking may set him off. I can also tell you from experience that you can set the best of plans, and come time when your name is called, the slightest hick up will throw you off course and you'll never recover.
Bringing up the discovery issue will be a waste of your time and a good opportunity to get started early on getting under the judge's skin... After all, even if they wanted to provide you with anything, they would be pressed for time simply because you waited until it was the eleventh hour and 59th minute...
Instead, and I know several people will disagree with me here, but if the officer simply mention it as being on file with the court, or does produce a copy but does not hand you one, I - personally - would - respectfully - ask - to - review - it. The alternative is that you not say anything, wait until the officer is done testifying, and you either motion for a dismissal or expect the judge to rule in your favor on the survey issue... Well, what if it doesn't happen that way? Mow, you are back tracking in an attempt to get the opportunity to review it when you could have done that to begin with, AND gave yourself the opportunity to organize your thoughts and set the entire trial. The risk, of course, is that he produces a valid survey but, still it is a chance I would take rather than cornering my self into having to go the long route of an appeal.
I think if you are going to make an issue of discovery, I would start with that before the officer begins... Just raise your hand as soon as you walk up and either submit to the fact you "may have requested it a little too late, but you are wondering if it is possible that you can have a short recess to review the evidence the officer plans on presenting against you"... I think this may even score you some points with the judge rather that expecting him to offer you a recess mid trial... Your choice though!
As for questioning the officer about his declaration, I see zero value in that, UNLESS he mentions the same issues... But for you to bring them up... What is the point?
Last but not least... I don't know where people get the idea that the officer has to remember ANYTHING about other cars, what color they were when all this happened over six months ago!
Think about it this way... Do you remember what make/model those cars were? Unless you were following one of them (or racing them), you are not likely to remember, but even if you did...
What if he says yeah, there was a "white Toyota pick up and a silver Honda Accord"... Now what? Can you prove that they were anything else? How? There isn't any way!
What if he says "no, I have no recall whatsoever"! How does that affect whether you were speeding or not? It does not!
Worse yet, (notice he states "vehicles" in his declaration)... what if he says "yeah, two tractor trailers"?
Anyways, it is your case and far be it for me to dictate how you should try it...
I am right 97% of the time... Who cares about the other 4%!