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California Informal Discovery in Traffic Court

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  • 05-03-2009, 06:50 PM
    MichaelSDCA
    California Informal Discovery in Traffic Court
    My question involves a speeding ticket from the State of California.

    I got pulled over by CHP for speeding.

    I need help requesting discovery information from the DA (San Diego.) Does anyone have a form they have used that worked? Even better, a form that didn't get responded to but then worked to get the court to dismiss the ticket? :)

    The officer wrote down the year of my car wrong which I hope will help me a little bit as well.

    Thanks so much!

    Michael
  • 05-04-2009, 03:42 AM
    That Guy
    Re: California Informal Discovery in Traffic Court
    Quote:

    Quoting MichaelSDCA
    View Post
    Does anyone have a form they have used that worked? Even better, a form that didn't get responded to…

    So do you want a form that works or one that doesn’t work?

    Just Google “Informal Discovery request” and you’ll get a bunch of examples; choose the one you like.

    Quote:

    Quoting MichaelSDCA
    View Post
    but then worked to get the court to dismiss the ticket?

    As far as the court “dismissing the ticket” for a lack of response or lack thereof to your discovery request, that, assuming it is even an option, is the last one the court will consider.
    Penal Code 1054.5 b & c:
    >b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure.

    >c) The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the Constitution of the United States.
    Quote:

    Quoting MichaelSDCA
    View Post
    The officer wrote down the year of my car wrong which I hope will help me a little bit as well.

    Actually, that won’t help you at all. What model year your car is has no bearing or effect upon the violation you allegedly committed nor will it affect your ability to defend yourself against that charge. No harm, no foul!
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