My question involves a speeding ticket from the State of: CA in County of Kern.
I was cited for VC 22349 (A) violation driving 10MPH over the speed limit on HWY 395. I did a TBWD, and lost. Then I filed trial de Novo. About 5 weeks prior to the trial, I filed for informal discovery. I did NOT receive anything. Someone mentioned I could file a motion to compel. How would you do that?
At the trial, I told the judge to dismiss the case because I did not receive anything in the mail. He kept asking me when I sent the request in. I said at least 30 days prior but the officer said he only received it a week before the trial. That's not true. I should had shown the judge the return receipt from the mail but I couldn't find it.
The officer showed the court three document on radar unit.
Anyway, the judge asked me if I wanted a continuance for about 30 days to let me look at the evidence. I asked the judge what will happen? He said you will have time to look at the requested evidence and then the trial will resume will it left off. I said no. I am driving 3 hours one way just to go to the court to fight a $265 (traffic school is about $65) ticket.
The judge found me guilty. Could I have gotten the case dismissed by not receiving the requested document from informal discovery? What else could I have done?
Thanks.
Here's more on this case: http://www.expertlaw.com/forums/showthread.php?t=97361

