My question involves traffic court in the State of California:
Hey guys, following the procedures here, I wrote an discovery request to my DA. I got a letter back saying, in effect, that the DA is not prosecuting the case and that I should contact the law enforcement agency directly for any information I want. The specific languague was:
Direct citations issued by law enforcement agencies are not filed by the Riverside County District Attorney's office and are not in possession of the Riverside County District Attorney's office . . . Customarily, the items relevant to your citation are brought to court by the citing officer. Should you need to inspect those documents prior to the date of the trial, contact the law enforcement agency directly.
Then they tell me to write the CHP Discovery Clerk (which I'm sure is bs) and give me the address for the local CHP office.
What should my next step be? Write the CHP directly or write a reply to the DA's office telling them that according to Cal Gov. Code 26500 the are the prosecuting attorney of record (please help with that--I've read all the discussion on the board, not sure who's right there) and cite People v. Marcroft that the officer is a witness, nothing more, nothing less? I sort of don't what the discovery to actually happen because I was hoping to get any evidence thrown out because I'm assuming they won't follow up with discovery. That's why I'm a little reluctant to write the law enforcement agency, because what if they follow through.
Also, is it appropriate to ask that the officer not be allowed to testify if discovery is not followed through with, or would no judge in their right mind grant that?