Basic Speed Law Trial by Declaration, with Discovery Requested

[intel]

My question involves a speeding ticket from the State of: California, los angeles county. Stopped by CHP

I submitted my Discovery requests a week ago, under the law I have the right to obtain the information within 15 days. What penal codes do I need to Cite when I respond / write the trial by declaration?

Should I state what happened or just focus on the fact that I want the ticket dismissed due to ignored Discovery request?

Thanks

[aaron]

Here are some basic instructions (PDF).

[intel]

Here are some basic instructions (PDF).

Hi,

Thanks. Those instructions I already have on hand. However, I am looking for advice.

The Discovery request has not been answered and it has been 15 days since they received the letters (sent to CHP and courthouse).

Which law codes or past trials can I state to support my motion of dismissal?

Thanks

[EWYLTJ]

In my opinion, you can't. The reason you can't is that the CHP is NOT compelled to provide you discovery. The prosecution is compelled as per the penal code. So, you have as much right to discovery directly from the CHP as you do from the ice cream man.

[intel]

In my opinion, you can't. The reason you can't is that the CHP is NOT compelled to provide you discovery. The prosecution is compelled as per the penal code. So, you have as much right to discovery directly from the CHP as you do from the ice cream man.

I sent it to the prosecution as well, per David Brown's book beat your speeding ticket in CA.

However, I am unsure if I simple letter requesting Dismissal will do, or a more formal letter with penal codes is my best shot.

[EWYLTJ]

The wording of the penal code really doesn't give you much room for a dismissal based on no discovery. However, you can go to trial and object to any evidence being introduced that wasn't provided in discovery (this includes testimony based on using notes to refresh memory). Without any evidence, you can't be convicted.

[intel]

The wording of the penal code really doesn't give you much room for a dismissal based on no discovery. However, you can go to trial and object to any evidence being introduced that wasn't provided in discovery (this includes testimony based on using notes to refresh memory). Without any evidence, you can't be convicted.

Good enough.

So a simple statement requesting dismissal due to the non-responsiveness of the discovery request should be enough, or should I include my statement in case the judge won't dismiss it.

I wouldn't want the judge saying that he won't dismiss the case due to the discovery request and then I lost my chance to make my case over the mail...