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  1. #1
    Join Date
    Dec 2012
    Posts
    3

    Default Informal Discovery Request and Trial by Declaration

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

    I was cited for going 46 mph in a 35 mph zone (CVC 22350). For what it matters, I thought my speed was around 39-4. The officer said he paced me but the citation does not indicate the distance when he first saw my vehicle. (He was at least a city block behind me when he started to close in and his higher speed could’ve created a distortion.)

    About 20 days ago, I submitted an Informal Discovery Request to the LA County DA and the law enforcement agency asking for calibration logs, officer’s notes, etc. The DA sent a canned letter referring my request to the police department; the police department hasn’t responded (yet).

    In a couple of days I will be requesting a Trial by Declaration, so I guess I still have some time before the submission of my TBD. In the meantime, I would like to submit a Motion to Compel, but am confused about some of the details.

    1) Should I refer in my TBD that my Informal Discovery Request was not honored and should I attach the Motion to Compel to my TBD?

    2) Do I have to go to the local courthouse in order to file the Motion to Compel?

    3) Is the Motion to Compel going to be decided by a separate judge (other than the one who rules on the TBD)?

    4) Finally, is it required that the officer write down the distance at which he first noticed my vehicle and started closing in? Similarly, should the citation include the police vehicle number?

    Thank you so much for all your responses!

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Informal Discovery Request and Trial by Declaration

    Quote Quoting ArtJ
    View Post
    He was at least a city block behind me when he started to close in and his higher speed could’ve created a distortion.
    A distortion?

    Quote Quoting ArtJ
    View Post
    In a couple of days I will be requesting a Trial by Declaration, so I guess I still have some time before the submission of my TBD. In the meantime, I would like to submit a Motion to Compel, but am confused about some of the details.
    You're not going to get much accomplished by filing a motion to compel prior to a TBD. The procedures required just won't allow for it. For one, traffic court procedures would not alow for a seperate hearing date for any sort of motion. You can argue any motions on the date of your arraignment or on the date of your trial. And for a TBD there is no arraignment and no in court trial. You can wait until the TBD is decided and if you lose you can rquest a copy of his declaration and supporting evidence.

    Quote Quoting ArtJ
    View Post
    1) Should I refer in my TBD that my Informal Discovery Request was not honored and should I attach the Motion to Compel to my TBD?

    2) Do I have to go to the local courthouse in order to file the Motion to Compel?

    3) Is the Motion to Compel going to be decided by a separate judge (other than the one who rules on the TBD)?

    4) Finally, is it required that the officer write down the distance at which he first noticed my vehicle and started closing in? Similarly, should the citation include the police vehicle number?
    1) What difference would it make?

    2) Unless you know for a fact that your courthouse will accept electronic filing or you can ensure a mailed copy will be received and get filed in time then you should go to the courthouse.

    3) Who knows? And what difference will it make?

    4) There is no requirement to disclose the distance on the citation, and there is no requirement to include the police vehicle number on the citation.

    And by the way, there is no requirement that he present a certificate of speedometer calibration. He might, but he is not obligated to.

  3. #3
    Join Date
    Jan 2012
    Location
    Silicon Valley
    Posts
    532

    Default Re: Informal Discovery Request and Trial by Declaration

    Fight Your Ticket and Win in California has a section on how to request a hearing for a motion after arraignment but before trial. Not everything in that book is accurate. For example, the author implies that you can have the ticket dismissed for discovery violations yet CA law is clear that these must be violations where exculpatory information is withheld from the defendant. However, the descriptions of general procedures are reasonable. You should be able to find a copy at your local library or county law library.

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