Stop Sign Ticket, VC 22450(A)
My question involves a traffic ticket from the state of: CA
I was ticked in Jan 2019 for allegedly failing to stop at a stop sign. I mailed an informal discovery request to the CHP, who after almost two weeks have declined to reply. What are the odds that if I do a trial by written declaration and ask for dismissal based on lack of discovery that I will win...?
Thanks!
Re: Stop Sign Ticket, VC 22450(A)
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L-1
Of course you are, but thank you for your answer anyway. Your non-response, response pretty much told me what I wanted to know.
What difference does it make to you?
Re: Stop Sign Ticket, VC 22450(A)
And if there is no MVARS video to obtain? Then what?
Re: Stop Sign Ticket, VC 22450(A)
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rtg20
What difference does it make to you?
How you argue a case depends greatly on whether the accused actually committed the crime. For example, no one wants to put forth a defense that involves perjury.
Re: Stop Sign Ticket, VC 22450(A)
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L-1
How you argue a case depends greatly on whether the accused actually committed the crime. For example, no one wants to put forth a defense that involves perjury.
Who said I wanted to argue it? Right now all I want is my discovery. If there's no MVARS...so what. I still want to discover the officer's notes; his location when observing the stop sign, etc.
Re: Stop Sign Ticket, VC 22450(A)
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rtg20
Who said I wanted to argue it? Right now all I want is my discovery. If there's no MVARS...so what. I still want to discover the officer's notes; his location when observing the stop sign, etc.
But then.......
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rtg20
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.
Perhaps based on you post some of us thought you came here to (among other things) get help formulating a defense. My bad. Please let us know when you arrive at El Toboso.
Re: Stop Sign Ticket, VC 22450(A)
Not sure what El Toboso has to do with this but no, not help with a defense per say. Please refer to my original post, which asked about the impact of the failure of the state to respond to discovery requests on my likelihood of winning; and then follow-up posts, which pertained to motion to compel. These are more procedural questions rather than defense strategies. My reason to believe that the officer didn't have a good view isn't itself a good defense (since the officer can just assert that he did) - just justification for the discovery.
Re: Stop Sign Ticket, VC 22450(A)
OK, so to answer your question, you have zero chance for dismissal in TBD due to lack of discovery. I would suggest you plead not guilty and state in TBD that officer could not see you well enough and made a mistake, and explain why (something in his field of vision, the angle of observation, etc). If the officer does NOT submit his statement, that should get you off. If he does, it will not, but that is almost always the case in TBD anyway if the cop responds.
Even in court trial, your chances are slim to none with that. If the officer himself does not use MVARS in trial (which he will not), he does not HAVE TO give it to you. The notes are a different matter, but you can at best get a continuance on that.... not a dismissal. Your only chance, I think, is him not showing up. So you may wanna save yourself some time and effort on orders to compel and such.
Re: Stop Sign Ticket, VC 22450(A)
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rtg20
Should I plead no contest in the TBD to maximize my chance of getting traffic school? I don't want my insurance to go up.
You CAN'T plead No Contest in a TBD, the only plea allowed is Not Guilty. All you have to do is ask the court for traffic school and you'll get it. There is nothing else you have to do (except pay the fine).
Re: Stop Sign Ticket, VC 22450(A)
Thanks for the reply. So on the "Explain what happened" part of the TBD form I should write something like "In the event that the court does not find in my favor in this case, I respectfully request traffic school"...?