Trial by Written Declaration and Discovery Request

[Roger82]

My question involves a traffic ticket from the state of: California


Greetings,

In late May I was cited for VC 22349A, and the due date has been set for early August. The infraction took place in Los Angeles County; according to CHP’s lidar (@600 feet) I was driving at 75 mph.
I would like to contest this citation through a Trial by Written Declaration (TBWR). In addition, I’m planning on making a discovery request.

I’m not exactly sure whether my discovery request should precede the TBWR or not. Would it be a good tactic to hold off the discovery request until I find out the TBWR result?

Also, what exactly should be included in the discovery request? Are the following sufficient?

1) Officer’s lidar training certificate
2) Lidar testing/calibration certificate
3) Officer’s notes

Lastly, does anyone know the lidar model that the CHP uses (the officer was in a cruiser)?

Thanks in advance for all your responses.

[That Guy]

In late May I was cited for VC 22349A, and the due date has been set for early August. The infraction took place in Los Angeles County; according to CHP’s lidar (@600 feet) I was driving at 75 mph.
I would like to contest this citation through a Trial by Written Declaration (TBWR). In addition, I’m planning on making a discovery request.

What is it that you're hoping to discover?

Better yet, what are you planing on arguing in your declaration?

I can tell you right now that you are not likely to catch the CHP slacking on their Lidar calibration, you're not likely to find that the officer was running speed enforcement without the proper training...

But even in the extreme slight chance that either of those guesses on my part were to turn out to be incorrect, then we go back to the fact that there is no training or calibration requirements for speed enforcement of the state's maximum limit of 65 mph. So you're back at ground zero!

I’m not exactly sure whether my discovery request should precede the TBWR or not.

Either or... It'll make very little difference!

Also, what exactly should be included in the discovery request? Are the following sufficient?

1) Officer’s lidar training certificate
2) Lidar testing/calibration certificate
3) Officer’s notes

.

You can include an inquiry about the model Lidar unit the officer used.

Lastly, does anyone know the lidar model that the CHP uses (the officer was in a cruiser)?

Several...