Is Discovery Worth It

[jjevans]

One problem with requesting discovery is that the informal discovery request form is not a legal document and most likely would go ignored. Unless, you request a court order to retrieve the officer's notes which means you would have to plead not guilty at the arraignment which would make you in eligible for 'comedy class' aka driving school and then have no choice but to fight it or plead guilty. It all starts with if you believe your innocent.

[That Guy]

One problem with requesting discovery is that the informal discovery request form is not a legal document and most likely would go ignored. Unless, you request a court order to retrieve the officer's notes which means you would have to plead not guilty at the arraignment which would make you in eligible for 'comedy class' aka driving school and then have no choice but to fight it or plead guilty. It all starts with if you believe your innocent.

Sorry jjevans, I don't know if I agree with any of the above, actually!

For starters, "informal discovery" is a legal process that follows the provisions of the collection of Penal Code sections 1054 through 1054.10.

The fact that it goes ignored is not even remotely related to it being legal or not. The D.A. Simply chooses not to attend traffic matters and thus claims that he/she has no access to any of the "evidence".

If you're forced to plead not guilty at the arraignment it is not simply because that is the only way you can request the officer's notes; fact is there is no connection whatsoever. If it happens that way it simply means you opted to wait until the last minute to make an informal request. or you made a timely request and yet nothing was received in return. You will have to look for other options at that time!

In fact, even if you plead not guilty and request a court order to receive a copy of anything, it does not mean you will get the court to issue the order at all. My most recent experience, I got nothing from the CHP, nothing from the D.A. and when I attempted to make motions to compel, or motions for formal discovery, I was told by the judge not to waste my time simply because my motions will be denied. His answer to all of it "you'll get to review the evidence before your trial". Period, end of topic, next case!

And lastly, pleading "not guilty" does not make you ineligible for traffic school. In fact it would be against the law for a court to take on such policy. It is just that most judges are not likely to allow traffic school attendance after a TBD or a Trial.

[mingsquared]

This is an updated:

I called the court this morning and asked the clerk about my courtesy notice. I asked her if I had 3 violations (3 points) and she said I only have 2, the 2 written on my citation. She told me that traffic school would take care of both of them and that I would have no points left. So if traffic school can only knock down one point, then from what she told me my ticket was only a one-point ticket.

[That Guy]

This is an updated:

I called the court this morning and asked the clerk about my courtesy notice. I asked her if I had 3 violations (3 points) and she said I only have 2, the 2 written on my citation. She told me that traffic school would take care of both of them and that I would have no points left. So if traffic school can only knock down one point, then from what she told me my ticket was only a one-point ticket.

Are you even reading what you are posting?

First you say:

she said I only have 2..

As in "2" points, and from that, your conclusion is:

...then from what she told me my ticket was only a one-point ticket....

[mingsquared]

Well she said I can take care of both with traffic school, and if traffic school can only take down one point, then the only conclusion I can draw is that the ticket is a one-point ticket. I'm still going to go to the court and ask in person, just in case.

[That Guy]

Well she said I can take care of both with traffic school, and if traffic school can only take down one point, then the only conclusion I can draw is that the ticket is a one-point ticket. I'm still going to go to the court and ask in person, just in case.

Actually, there is also one more conclusion you could draw, that being that she was wrong for saying "you can take care of both with traffic school".

And, as long as we are playing hypotheticals, it is possible that she said: "you can take care of either with traffic school", [as in, the violations individually qualify for a dismissal after traffic school] only that you misunderstood that to mean: "you can take care of both with traffic school"!

[mingsquared]

Actually, there is also one more conclusion you could draw, that being that she was wrong for saying "you can take care of both with traffic school".

And, as long as we are playing hypotheticals, it is possible that she said: "you can take care of either with traffic school", [as in, the violations individually qualify for a dismissal after traffic school] only that you misunderstood that to mean: "you can take care of both with traffic school"!

Actually, I called the DMV and I emailed the court, and they both told me the same thing the clerk said. This is what the court emailed me:

You can go to school for both charges. They cannot reduce the amount of the traffic school fee, but they can set the payment date out to another date to be paid. You will not recieve your traffic school info until you pay the full amount.

The DMV lady said if I have one ticket with two violations, the only the top violation will count for points. She gave me a scenario, if I had a ticket with reckless driving and running a red light, then that ticket would only be two points because only reckless driving would count. In my case, both my violations were one pointers and so only one of the violation counted for the point.

But yeah I'm still going to the courthouse tomorrow to ask in person just to be 100% sure.

[That Guy]

The DMV lady said if I have one ticket with two violations, the only the top violation will count for points. She gave me a scenario, if I had a ticket with reckless driving and running a red light, then that ticket would only be two points because only reckless driving would count. In my case, both my violations were one pointers and so only one of the violation counted for the point.

SIGH!

None of ^that^ says that the violations will not be listed on your driving record. In fact, they are required by law to list each and every violation. Even those that are cited as ZERO pointers get listed!

So how about you e-mail the DMV back and ask them how all ^that^ will work as far as your insurer running an abstract, getting your driving records back, seeing two violations listed on there? More specifically with the new system where now they are still recording all violations and unlike that old way of keeping those violations which were dismissed as a result of traffic school as confidential, they are now listing each and every one where the ones that you took traffic school for are marked with a Dismissed - Traffic School notation!

Since when do insurers care about DMV points or how many have you accumulated or were assigned for each citation? They never did... The still don't!

But yeah I'm still going to the courthouse tomorrow to ask in person just to be 100% sure.

You know, it doesn't matter how many times you ask a particular question... the "right answer" will always be the same!

[mingsquared]

What new system? Are you referring to AB 2499?