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  1. Lights, Signs and Traffic Controls: Re: Can You Demand a Change of Venue at the Time You Get a Traffic Ticket

    The CPD citation forms have the info for Kearny Mesa courthouse on them. AFAIK, CHP, SDPD, Harbor Police, Sheriffs Dept. That serve small cities like Del Mar, etc. All have Kearny Mesa courthouse as...
  2. Lights, Signs and Traffic Controls: Re: Can You Demand a Change of Venue at the Time You Get a Traffic Ticket

    Forgive me for not being intimately familiar with the ranks of a small police agency. Fortunately for the CPD and society at large this ignorance doesn't have impact, but ignorance of 40502 does. It...
  3. Lights, Signs and Traffic Controls: Re: Can You Demand a Change of Venue at the Time You Get a Traffic Ticket

    These guys really had no excuse, I read it to all 3 officers. The deputy was a newbie, but his corporal effectively said, "I've been in law enforcement 20 years and I've never heard of that" to say...
  4. Lights, Signs and Traffic Controls: Re: Can You Demand a Change of Venue at the Time You Get a Traffic Ticket

    It is apparently very difficult. It took 3 officers to finally get my 40502b demand acted upon and even then... They still screwed it up.

    My conversation with the CA had more to do with the lack...
  5. Lights, Signs and Traffic Controls: Re: Can You Demand a Change of Venue at the Time You Get a Traffic Ticket

    I called a Deputy City Attorney and spoke with them. They're going to do some research and my recommendation was that they advise the chief of police of their findings as the chief legal counsel for...
  6. Lights, Signs and Traffic Controls: Re: Can You Demand a Change of Venue at the Time You Get a Traffic Ticket

    I'm eligible. I live and primarily work in Diego, the county seat and it was issued in Carlsbad. I told them this repeatedly. My license has my San Diego address on it. The 3 officers initially...
  7. Lights, Signs and Traffic Controls: Can You Demand a Change of Venue at the Time You Get a Traffic Ticket

    My question involves a traffic ticket from the state of: California

    Received a citation for CVC 21461 in a city (Carlsbad) that isn't part of the county seat. I made the demand prior to signing...
  8. Discovery: Re: Motion to Compel Production of Evidence in a Traffic Case

    Yes, it was because the CA didn't respond except for their late and inadequate correspondence.

    It was a commissioner.

    And I don't care if this was right or wrong.For my purposes the CA was the...
  9. Discovery: Re: Motion to Compel, Next Steps

    My case was dismissed on the lack of discovery grounds alone.
  10. Discovery: Re: Motion to Compel, Next Steps

    No, I'm annoyed that everyone wants to keep reiterating that the CA isn't responsible when the Judge says so, the CA's late response implies so and I have orders to serve the CA. Whether or not this...
  11. Discovery: Re: Motion to Compel, Next Steps

    So your argument is that there is no legal basis for this, but because it's been done for so long it's therefore legitimate?
  12. Discovery: Re: Motion to Compel, Next Steps

    CA/DA don't need to show up in traffic cases. That's fine. I agree. However, I don't see anywhere in the PC that removes the requirement that an ATTORNEY provide discovery. The attorney doesn't need...
  13. Discovery: Re: Motion to Compel, Next Steps

    I scanned the officer side of the room and didn't see any officer I recognized. I was the last case to be called to the stand for and by that time there was only one officer left whom I think it was...
  14. Discovery: Re: Motion to Compel, Next Steps

    And that will be too bad for the Prosecution's case regardless of whether or not it's legally accurate won't it? The law provides that evidence not provided in discovery by the PROSECUTING...
  15. Discovery: Re: Motion to Compel, Next Steps

    I can tell you're being deliberately obtuse but "moving papers" is an actual legal term.
  16. Discovery: Re: Motion to Compel, Next Steps

    I am to serve the CA by mail per judge.

    I was inquiring about the moving papers that I am instructed to serve them with.

    I'm not answering your question on my intentions for discovery again. If...
  17. Discovery: Re: Motion to Compel, Next Steps

    The letter didn't refer to anything. Their letter was their response to my discovery and cover letter sent on Nov 3rd. THEY responded vaguely to my SPECIFIC request for discovery. Do you want to see...
  18. Discovery: Re: Motion to Compel, Next Steps

    Well if you're still in San Diego I invite you to my next court date and you can tell the Commissioner he's wrong and wasting everyone's time.
  19. Discovery: Re: Motion to Compel, Next Steps

    The judge knows that the CA has no duty to provide me discovery, yet stayed the trial date, is ordering the CA to respond and is just wasting everyone's time for the fun of it?



    I created this...
  20. Discovery: Re: Motion to Compel, Next Steps

    Here's part of the legal boilerplate I used to draft my discovery cover letter.

    "A prosecutor has a duty to search for and disclose exculpatory evidence if the evidence is possessed by a person or...
  21. Discovery: Re: Motion to Compel, Next Steps

    I've already explained this. I don't believe the officer that showed up at court is the one I spoke with at the scene. I intend to disprove the accuracy of the pace and I intend to attack the...
  22. Discovery: Re: Motion to Compel, Next Steps

    The letter indicates they asked the CHP and the CHP said the records don't exist. That doesn't sound like the CHP refused to provide information to the CA as a matter of law.

    I have the judge...
  23. Discovery: Re: Motion to Compel, Next Steps

    Here's the late response I got from the City Attorney.

    I doubt the CA is agreeing to discovery just to be nice. The Judge put in the minute order that I am to send the City Attorney a copy of the...
  24. Discovery: Re: Motion to Compel, Next Steps

    It's a maximum speed case.

    Discovery is important since I believe the officer I saw in court is NOT the one that issued the ticket (List of witnesses). The officer let it slip that he normally...
  25. Discovery: Re: Motion to Compel, Next Steps

    Both the judge and the City attorney agreed that the City attorney is responsible for the case. There is no legal Duty for the CHP office to respond to Discovery that is the duty of the prosecuting...
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