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  1. #1
    Join Date
    Oct 2012
    Posts
    3

    Smile Discovery Request Before or After I Request TBD

    My question involves traffic court in the State of: CALIFORNIA, Solano County Fairfield Branch

    I am a class A driver in California. I got a ticket for allegedly going 64mph (9mph over) VC22406(a). The officer was on the side of the hwy, and used a LIDAR, he did not pace me. I was travelling in the #2 lane with my cruise control set at 55mph. When I glanced down at my speed I was going 54, I was in a group of vehicles including cars and other tractor trailers. I think it is possible that the officer tracked the car in the #3 lane that was going past me.

    I am going to ask for an extension, then file for TBD.

    If I send the DA's office a discovery request BEFORE I send in my TBD will I be able to use the information in my TR-250 statement? I would like to include the discovery request in my statement IF the information is in my favor (lack of proper maintenance of the LIDAR and/or the officer had not been re-certified as required by the CHP)
    Or go to the court clerk request my TBD and at the same time file the discovery request with the clerk THEN send the discovery request to the DA office?

    I would like to get a jump on this but I can not afford to pay the bail until next month. I want to do this the right way, I don't want the date on the discovery request to make the information inadmissible.

    One more quick question, on my ticket the officer wrote under the infraction RRLA#(4CD9878) anyone know what this is? Under the space Radar/Lidar Unit/Patrol vehicle number Radar is checked, Lidar Unit is under lined and he wrote TS000476, So I don't think it's the Lidar Unit#.

    Thanks for any advise I really appreciate the help.

  2. #2
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,274

    Default Re: Discovery Request Before or After I Request TBD

    The way TBD works is:

    1. You submit bail with a request for the TBD documents
    2. You are mailed the documents with a given deadline
    3. You return your declaration by that deadline


    It's never too early to get started on discovery. I'd say do it now, and send it to both the DA and the Solano CHP office at 3050 Travis Blvd. Fairfield 94533-3443 to get a quicker response.

    You can use info obtained in discovery anytime -- the problem is often getting the info in the first place :-)

    Note also that LIDAR usually involves visually targeting a single vehicle, unlike radar's wide beams, so the "it wasn't me, it was a car" argument may not fly.

    The usual recommendation for class As who drive trucks for a living is to get an attorney to plea-bargain this down so that only a fine is involved and no points. This is done routinely but only if you are represented - can't do it pro per.

  3. #3
    Join Date
    Oct 2012
    Posts
    3

    Default Re: Discovery Request Before or After I Request TBD

    Thanks for the advise, I really appreciate it

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