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  1. #1
    Join Date
    Jul 2013
    Posts
    5

    Default Motion to Preclude Testimony

    My question involves traffic court in the State of: CA

    Hello,

    I was cited in state of CA for going above the speed limit. CHP used lidar to detect my speed. I decided to contest and sent out IDR to the citing agency (CHP). In IDR I asked for following information:

    1. Officers notes
    2. Any lidar training certifications that officer had
    3. Traffic survey
    4. Lidar make model, instruction manual, calibration data


    I received the following:
    1. no notes because officer is on vacation
    2. Radar and Lidar certifications of the officer
    3. CHP mentioned that the traffic survey is on file with the court. Not provided to me.
    4. Lidar calibration report but no instruction manual


    I would like to file motion to preclude officer's testimony because no notes were provided. I understand that when the court sees that motion they may order compel discovery.

    Is filing the motion right thing at this point?
    Should I file the motion ASAP or wait for the trial date?

    I would appreciate any pointers.

    Thanks.

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

    Default Re: Motion to Preclude Testimony

    You're wasting your time. And you already know it.... Here is your answer!

    Quote Quoting sharpi
    View Post
    I understand that when the court sees that motion they may order compel discovery.
    So what purpose would your motion serve and what difference would it make when you file it?

    Also, it is a violation of copyright laws for the CHP to provide you with a copy of the manual. And lastly, the CHP provided you with what they did provide, as a favor and not because 1054PC says they shall provide. So the remaining 1054PC provisions do NOT apply!

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Motion to Preclude Testimony

    what lidar model was used? You maybe able to see this via a FOIA request and compare the ones you can find over the internet.

    I would object to the lidar cert. of cal. ~ melendez v. diaz and other cases (http://scholar.google.com/scholar_ca...=en&as_sdt=2,7)

    And object to it being a business record (they won't have the custodian there) and for other foundation issues....

    Get the cert. of calibration out, and you should win your case ... just make sure you cross the cop to establish that he's not an expert

  4. #4
    Join Date
    Jul 2013
    Posts
    5

    Red face Re: Motion to Preclude Testimony

    Seems that you have asked a question rather than providing any constructive feedback. Anyways, I have encountered such behavior in the past and on other forums so I forgive you.

    Quote Quoting That Guy
    View Post
    So what purpose would your motion serve and what difference would it make when you file it?

    Also, it is a violation of copyright laws for the CHP to provide you with a copy of the manual. And lastly, the CHP provided you with what they did provide, as a favor and not because 1054PC says they shall provide. So the remaining 1054PC provisions do NOT apply!
    The purpose that I expect from my motion is :

    1. Court may exclude officer's testimony
    2. Court may order "compel discovery" so CHP HAS to provide the notes or be in contempt of court

    If the instruction manual doesn't say it is copyright protected, they can copy and send. If it is copyright protected, they they should mentioned the reason for not providing a copy. Should'nt they spend a couple of minutes to look for copyright? after all they are public servants and I'm paying a part of their salary :-)

    CHP did that favor because judicial system encourages parties to exchange information without involvement of the judicial system. Thereby reducing expenses. Please refer to Proposition 115.

    Hope that this helps you. You don't need to reply to this as I already have forgiven you.

    Thanks for your insight.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Motion to Preclude Testimony

    The court will not exclude the officers testimony. I suggest you lobby your congressman for all police officers to have their vacations revoked permanently, for your convenience.

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Motion to Preclude Testimony

    Quote Quoting sharpi
    View Post
    Anyways, I have encountered such behavior in the past and on other forums so I forgive you.
    And I have encountered idiots like you on this same forum so after this, I will ignore you!

  7. #7
    Join Date
    Jul 2013
    Posts
    5

    Wink Re: Motion to Preclude Testimony

    Quote Quoting That Guy
    View Post
    And I have encountered idiots like you on this same forum so after this, I will ignore you!
    As a matter of fact, I admire you as one of the finest critique in the forum. Keep it up
    You help all of us by helping us to gauge our composure. Which is necessary in court.

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