Results 1 to 10 of 29

Hybrid View

  1. #1

    Default Re: How I Beat My California Speeding Ticket

    Yes, the 'request discovery' strategy is not novel - but it can work. :-)

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How I Beat My California Speeding Ticket

    Everyone can request discovery. But, requesting it from the DA does not always work because the DA is out of the loop in traffic matters in CA. Many will do as your DA's office did - they send a request to the agency involved to provide the defendant with discovery. Others just say they are not involved in the process. In those instances, you either have to seek compelled discovery from the court, or, you make the request from the law enforcement agency. Many agencies will comply with these requests without being compelled by the court. The CHP tends to be very cooperative.

    But, you did not prevail because of some wise discovery practice, you prevailed because the state's only witness failed to show. You will never know if your strategy and trial prep would have prevailed or not. You will never know whether or not the officer's alleged failure to follow agency procedure in some way would have translated to some sort of legal insufficiency. In most cases, the court is not going to be concerned about a policy violation so much as they are about the legal requirements. But, not knowing what policy issue you intended to raise, it's hard to opine on that aspect of your potential defense.

  3. #3

    Default Re: How I Beat My California Speeding Ticket

    Yes this is true. It's true that my defense wasn't tested in court. It's also true that everyone can request discovery. BUT most people don't, which I think is a shame.

  4. #4
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: How I Beat My California Speeding Ticket

    That's okay, I'm sure they'll get you next time.

  5. #5

    Default Re: How I Beat My California Speeding Ticket

    Quote Quoting Highwayman
    View Post
    That's okay, I'm sure they'll get you next time.
    Well they 'got' me this time in that they ticketed me. The officer just didn't bother to follow CHP procedure when measuring my speed; or show up to court. Honestly, if the CHP re-train and the state resolve to start proving guilt beyond reasonable doubt rather than simply asserting it, then I'll be happy.

    Quote Quoting cdwjava
    View Post
    MOST people know they've been caught and they follow the path of least resistance. While everyone has the right to challenge their ticket, not everyone has the option to take time off of work and do the research it might take to roll the dice hoping to come up 7.

    That, and risking the insurance premium increase if they are not permitted to take traffic school after they lose.
    Again, absolutely true. That's another reason why I wrote my book - to make it easier (less time consuming) for people to fight. In particular, I included all the references I used, which will save people a LOT of time.

  6. #6
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    544

    Default Re: How I Beat My California Speeding Ticket

    Quote Quoting rtg20
    View Post
    I wrote a book (on Amazon) about how I did it but I want to share here too.
    How many copies have you sold so far?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: How I Beat My California Speeding Ticket

    Quote Quoting rtg20
    View Post
    Yes this is true. It's true that my defense wasn't tested in court. It's also true that everyone can request discovery. BUT most people don't, which I think is a shame.
    MOST people know they've been caught and they follow the path of least resistance. While everyone has the right to challenge their ticket, not everyone has the option to take time off of work and do the research it might take to roll the dice hoping to come up 7.

    That, and risking the insurance premium increase if they are not permitted to take traffic school after they lose.

    1. Sponsored Links
       

Similar Threads

  1. Pretrial Motions: Can You Get a Dismissal Based on an Error on a Ticket
    By Cb90 in forum Criminal Procedure
    Replies: 2
    Last Post: 01-04-2017, 08:02 PM
  2. Speeding Tickets: Does the Ticketing Officer Have to Show You the Radar for Speeding Ticket
    By jyeh74 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 01-21-2014, 09:08 AM
  3. Speeding Tickets: Fighting a Speeding Ticket Based on ETS (Traffic Survey) and Officer's Mistake
    By 98redrang in forum Moving Violations, Parking and Traffic Tickets
    Replies: 40
    Last Post: 11-09-2013, 05:56 PM
  4. Speeding Tickets: Getting a Dismissal of a California VC 22349(B) Speeding Ticket
    By JackA in forum Moving Violations, Parking and Traffic Tickets
    Replies: 31
    Last Post: 05-24-2011, 10:07 PM
  5. Speeding Tickets: California LIDAR Speeding Ticket - Officer Not in Vehicle
    By SandSP in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 10-16-2009, 09:21 PM
 
 
Sponsored Links

Legal Help, Information and Resources