Denied Informal Discovery - Can I Get a Dismissal

[Zeitgiest]

So I requested an discovery from the DA's office of the county of where I received my ticket (Solano County) and the DA's office sends me a letter stating this:

Mr. [My Last name]

This is to advise you that this office does not get involved with traffic cases when the charge is infraction, except in cases where an accident is involved.

WE do not have the information you requested available. You should contract the agency that issued the citation to get a copy of the fron and backside of the citation. Also, you should contact Solano County Court's Traffic Division located at [Location] and/or the agency issuing the citation to obtain other discovery items requested.


Well I was very pleased to get this in the mail, because I actually sent a cover letter and request for discovery from this website http://www.helpigotaticket.com/proc/discover.html and it says that the cover letter is worded that if the DA doesn't do any of the 4 things mentioned that my case should be dismissed.

I was just wondering what you guys think?

And also I did want to mention that I did go to the CHP about three weeks ago to request the information but they denied it to me asking for a subpoena. I then sent a request for the documents in written form two weeks ago and certified it, but haven't gotten a response yet.

I'm feeling very confident, but wanted to see what other people think.

Thanks in advance for your help/advice

[M'sta Mikey]

What was the code in which you were cited? This only covers Penal Code sections 1054 and 1054.1

[EWYLTJ]

Wow... did you re-open a can of worms. This is a classic example of how the district attorney's office simply ignores traffic cases since they are not economically viable. While I agree that there is case law that says the absence of a prosecuting attorney at trial does not constitute a denial of due process for the defendant, there is NOTHING in case law that says a prosecutting attorney is not still charged with the responsibilities of prosecution. Absence at trial does not equate to absolution of responsibility. In fact the Vehicle Code specifically charges the prosecution with duties in traffic infractions.

So, you likely won't be able to get a dismissal. If you are denied that, you should ask that the prosecution not be allowed to admit any evidence asked for in discovery.

Truth is... you are proabably going to loose. However, you have an opportunity to take your case to the appellate court and establish precedence on the actual responsibilities of prosecuting attorneys. You can make this happen, if you are willing to put forth the effort.

[Zeitgiest]

What was the code in which you were cited? This only covers Penal Code sections 1054 and 1054.1

Sorry I don't understand. The document they sent me didn't cite any code. I did cite both Penal codes 1054 and 1054.1 in my cover letter and request for discovery if that is what your asking.

[Zeitgiest]

Wow... did you re-open a can of worms. This is a classic example of how the district attorney's office simply ignores traffic cases since they are not economically viable. While I agree that there is case law that says the absence of a prosecuting attorney at trial does not constitute a denial of due process for the defendant, there is NOTHING in case law that says a prosecutting attorney is not still charged with the responsibilities of prosecution. Absence at trial does not equate to absolution of responsibility. In fact the Vehicle Code specifically charges the prosecution with duties in traffic infractions.

So, you likely won't be able to get a dismissal. If you are denied that, you should ask that the prosecution not be allowed to admit any evidence asked for in discovery.

Truth is... you are probably going to lose. However, you have an opportunity to take your case to the appellate court and establish precedence on the actual responsibilities of prosecuting attorneys. You can make this happen, if you are willing to put forth the effort.

I guess I understand, and I guess I got my hopes up by thinking that I would get a dismissal. But I will certainly do whatever it maybe to fight and beat this ticket.

On another note, does anyone think I should bring a witness with me to the court hearing? The story goes that I was cited going 80 on a 65 on the highway, it was the last day of the month and traffic was packed. I didn't think I even came close to that and at the time I had 3 other occupants in the car. I am skeptical about how much help my witness can do, but I thought I might throw it out there.

[M'sta Mikey]

Sorry I don't understand. The document they sent me didn't cite any code. I did cite both Penal codes 1054 and 1054.1 in my cover letter and request for discovery if that is what your asking.

The penal code will appear on your citation, your ticket. If it does not (doubtful), then you need to contact the police department and ask under what code you were cited for.

If it does not fall under 1054 or 1054.1, then discovery, as you requested, is outside the realm of your request.

[Zeitgiest]

The penal code will appear on your citation, your ticket. If it does not (doubtful), then you need to contact the police department and ask under what code you were cited for.

If it does not fall under 1054 or 1054.1, then discovery, as you requested, is outside the realm of your request.

Well I guess the only thing is the speeding code that was written on there. That is 22349, which is a violation of Maximum speed.

[EWYLTJ]

The penal code will appear on your citation, your ticket. If it does not (doubtful), then you need to contact the police department and ask under what code you were cited for.

If it does not fall under 1054 or 1054.1, then discovery, as you requested, is outside the realm of your request.

All traffic infractions are treated as criminal in CA... so they all fall under PC 1054 and 1054.1.

[EWYLTJ]

I guess I understand, and I guess I got my hopes up by thinking that I would get a dismissal. But I will certainly do whatever it maybe to fight and beat this ticket.

If you are really willing to go all the way, I'd be willing to proofread all of your documents (on appeal). You just have to make sure that you preserve the issues for appeal. When in court, you should ask for the dismissal based on no discovery. The PC doesn't really offer that as relief, so it will probably be denied. The judge is likely to ask about you serving the ticketing agency. You need to get on the record stating there is NOTHING in any code or case law that requires or suggests that the ticketing agency is compelled to provide discovery... that is a burden borne by the prosecution alone. If that fails, next you should move that all evidence requested in discovery should be excluded. You should make clear objections to the court saying something like, "well, I'll give you some time right now to review the discovery".

If you win... great. If you loose... it will be a cool appeal.

[Zeitgiest]

If you are really willing to go all the way, I'd be willing to proofread all of your documents (on appeal). You just have to make sure that you preserve the issues for appeal. When in court, you should ask for the dismissal based on no discovery. The PC doesn't really offer that as relief, so it will probably be denied. The judge is likely to ask about you serving the ticketing agency. You need to get on the record stating there is NOTHING in any code or case law that requires or suggests that the ticketing agency is compelled to provide discovery... that is a burden borne by the prosecution alone. If that fails, next you should move that all evidence requested in discovery should be excluded. You should make clear objections to the court saying something like, "well, I'll give you some time right now to review the discovery".

If you win... great. If you loose... it will be a cool appeal.

Wow, I would greatly appreciate that. My court date is set for March 11th, so I'll have some time until I actually head into court. I will try and keep everyone posted.

I also had a question about requesting that everything in the discovery be excluded. Since the officer's notes are there, does that mean the officer can still be a witness reciting what happened without his notes or is he out completely?