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  1. #1
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    Jan 2012
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    Default Sample of Motion to Compel Discovery for California Traffic Case

    My question involves court procedures for the state of: California

    I have scoured the interwebs and cannot find a motion to compel discovery of an officers notes for a trial de novo coming up. Does anyone have a good sample they can point to?
    thanks

    cosmicflux

  2. #2
    Join Date
    May 2011
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    638

    Default Re: Sample of Motion to Compel Discovery for California Traffic Case

    Quote Quoting cosmicflux
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    My question involves court procedures for the state of: California

    I have scoured the interwebs and cannot find a motion to compel discovery of an officers notes for a trial de novo coming up. Does anyone have a good sample they can point to?
    thanks

    cosmicflux
    A motion to compel is usually something you'd file if you'd already requested discovery and they refused or ignored you. Is that the case here?

    If you haven't already asked for the documents, you're looking for a Request for Production of Documents. That's not a motion, but rather it's sent directly to the police dept.

    If you've sent that Request and been refused or ignored, here's just one example of motion to compel:

    Link

    This isn't a sample, but it's a pretty good explanation of Calif. rules to read, understand and to cite in a motion.

    Link

    Near the bottom of this page there's a word doc. to download for a template. It isn't correct for your state, but it's a good start together with the rules to cite from the link above.

    Link

  3. #3
    Join Date
    Jan 2012
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    11

    Default Re: Sample of Motion to Compel Discovery for California Traffic Case

    Oh my how I have tried. Sent to the DA, police, clerk, court, etc.... and nothing have it all certified.. the interesting thing is I still lost a TBWD and went to get the police officers statement which should be a part of the court record, and I cannot get that.
    Have tried at the court clerk many times. I finally had them sign a paper indicating they have no such file.

    I wonder if this would be a good reason to get the case tossed. SInce I have not been provided discovery aside, I can't even get a copy of the evidence used to find me guilty in my previous case. (im now scheduled for a TDN) I don't know if the judge would let me bring it up however I could say it is pertinent that I was given the evidence that was used against me to find me guilty once already. Any idea of where else this could be if not with the court clerk? the clerk keeps saying "police legal" I even filed another discovery request with them and nothing.

  4. #4
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    May 2011
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    638

    Default Re: Sample of Motion to Compel Discovery for California Traffic Case

    No, not tossed. I've seen cases where the police officer's testimony was enough. In some states the officer writes a note on the ticket itself sometimes, but not always.

    What's important is that the ticket is complete and correct. I beat a ticket once a long time ago because the officer put PM instead of AM on the time of day. Then I requested a copy of his time card to prove he was even working then, 12 hours after he stopped me. The response, rather than the copy, was a statement of dismissal from the court. The officer himself asked for it. I had alibis ready for PM.

    If all of the important info is on the ticket, that is the statement, and it needs to be signed by the officer in most states. Look for errors in things which get circled such as male/female and you "might" get a dismissal. The judge probably would just see that as a clerical error, and the officer's testimony that it was you would probably get you anyway.

    Now, if this was speeding via radar there are lots of things to discover and challenge. That's your job via Google. A lot of tickets have been beaten because of lack of, or incorrect calibration or records, or officer training and several other things. You'd want to see all of those records and get a statement of the make and model and find out what the manufacturer says about usage, maintenance and calibration. Make the officer prove he has the proper training for that very model, and that it's current. Make sure maintenance is current and calibration records are current and correct... They can make lots of fatal errors using radar. (Fatal to their case.)

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