You cannot get the ticket dismissed in TBD due to failure of CHP to provide discovery. If you do TBD, though, the officer will submit his statement, which you can get from the court, free of charge, if you lose TBD. What is your defense?
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You cannot get the ticket dismissed in TBD due to failure of CHP to provide discovery. If you do TBD, though, the officer will submit his statement, which you can get from the court, free of charge, if you lose TBD. What is your defense?
Right, I'm going to request discovery from the DA and if I still get nothing, do a motion to compel.
I have reason to believe that the officer didn't have a good view of the stop sign as it was poorly lit and dark at the time. However if they produce video evidence I can plead no contest and do traffic school.
The stop sign is a permanent fixture and I'm pretty sure the officer knows that its there, so darkness making it hard to see the sign isn't going to fly. Let's talk about you. If it was that dark, were you driving without your lights on? (CVC 24250) If the officer saw lights sail through the intersection without stopping (no matter how slowly) that defense isn't going to work either.
Let me ask you this, did you not commit the violation, or did you commit it and you simply don't want to be guilty?
Whether or not I did it is irrelevant. I'm entitled to my discovery regardless.
And if there is no MVARS video to obtain? Then what?
Which in my opinion is BS. Police will give speeders a "buffer" of generally 10 mph before they ticket, but no buffer for rocking back on a stop. Not to mentioned that tickets are getting rarer as time goes on. Speeding seems to be the main ticket written any more. Tickets for lack of registration, unsafe vehicles, failure to use headlights, wipers, turn indicators, etc. are rare. Failure to stop at a stop sign is probably second to speeding. Heck if you wish to see an incomplete stop, go to the police station and watch how many fail to wait for their vehicles to "rock back". Also look for ones that fail to use turn indicators or head lights on foggy days. Sorry to be bashing them, but only the easy tickets are being written these days.