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  1. #1

    Default Stop Sign Ticket, VC 22450(A)

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

    I was ticked in Jan 2019 for allegedly failing to stop at a stop sign. I mailed an informal discovery request to the CHP, who after almost two weeks have declined to reply. What are the odds that if I do a trial by written declaration and ask for dismissal based on lack of discovery that I will win...?

    Thanks!

  2. #2
    Join Date
    Oct 2016
    Posts
    2,886

    Default Re: Stop Sign - 22450(A)

    It is now June 1. When was your court date scheduled for?

  3. #3

    Default Re: Stop Sign - 22450(A)

    Thanks for the reply, originally it was in April but I had it extended until June 10.

  4. #4
    Join Date
    Jun 2017
    Location
    California
    Posts
    393

    Default Re: Stop Sign - 22450(A)

    First, you're assuming there's something TO discovery, which may not be the case. Second, in order to obtain any relief for failure to comply with discovery, you have to 1) provide your discovery to the other side and then 2) file a formal motion to compel. See Penal Code section 1054.5.

  5. #5

    Default Re: Stop Sign - 22450(A)

    Quote Quoting LegalWriter
    View Post
    First, you're assuming there's something TO discovery, which may not be the case. Second, in order to obtain any relief for failure to comply with discovery, you have to 1) provide your discovery to the other side and then 2) file a formal motion to compel. See Penal Code section 1054.5.
    Thanks for the reply. At a minimum there should be the officer's copy of the ticket.

    So what should I do? Ask the district attorney? (It was a highway patrol ticket.) I would prefer to do TWD to save a trip to court.

    thank you!

  6. #6
    Join Date
    Mar 2013
    Posts
    1,204

    Default Re: Stop Sign - 22450(A)

    Quick question - are you sure you sent your informal discovery request to the right CHP Office?

    CHP has many offices throughout the state. Each office maintains its own records and has its own Custodian of Records independent of the others. If your request was sent to an office different that the one the officer worked out of, then they would have nothing to provide you.

    Look on your citation for a box marked "AREA". It should contain a three digit number. Let me know what that number is and I will tell you what office you informal discovery request should have been sent to.

    As a side note, I will offer the following observation regarding stop sign violations. The law requires that you come to a full and complete stop. Most people depress the brake pedal causing the vehicle to slow until they feel it lurch forward. Based on that lurch, they honestly and truly believe they have come to a full and complete stop when in fact, they have only slowed severely but are still rolling. They then continue on their way and are often cited for the violation. It is only when they feel the car lurch forward and then rock back that they have come to a full and complete stop. Most people miss that.

    When you get a chance, go by a busy intersection with a stop sign, sit there for a few minutes and watch. You will see what I mean. The easiest way to ensure not being cited in the future is to hit the brake, feel the car lurch forward, wait for it to rock back, then count to three before you proceed. There will be no doubt in the mind of any officer monitoring the intersection that you came to a full and complete stop.

  7. #7

    Default Re: Stop Sign - 22450(A)

    Hello yes it's for sure the correct office. I visited the office in person to check before I sent in my request. I showed the person at the front desk my ticket and they confirmed.

  8. #8
    Join Date
    Mar 2013
    Posts
    1,204

    Default Re: Stop Sign - 22450(A)

    I am surprised. The CHP Custodian of Records has one job, to sit there all day and respond to these requests. They are usually very good and prompt at responding.
    You can bring the issue up to the court but I suspect all they will do is give you more time to obtain the information or give you and order to compel.

    May I suggest you call the CHP office during the day and ask to speak with the Custodian of Records? It will usually be a Sergeant. It is possible your request somehow fell through the cracks or was sent out but got lost in the mail. There should only be three relevant items to your case. The rules of the game do not require the Custodian to be a mind reader and instead, you must specifically articulate in writing each and every item you want. There are three items that are relevant to your case. First, there should be the officer's copy of your citation. Next would be the MVARS audio video recording from the patrol car. It is unlikely this caught the violation as these only record when the emergency lights come on, but it would have captured the officer's interaction with you. This is important as drivers often admit guilt or instinctively apologize for the violation when contacted by the officer. When the driver claim innocence in court, the MVARS recording is played, using the driver's own words to convict him. The third item is any recording of the enforcement contact made by the officer on a personal recording device. Many officers carry them and it serves the same purpose as the MVARS device but usually provides a higher quality audio recording.

  9. #9
    Join Date
    Jun 2017
    Location
    California
    Posts
    393

    Default Re: Stop Sign - 22450(A)

    You have to specifically request the MVARS and they charge to provide it. You can also just subpoena the MVARS and it will be sent directly to the court.

  10. #10

    Default Re: Stop Sign - 22450(A)

    Thanks for the replies. I was not previously familiar with MVARS and didn't include it in my discovery request (just put video recording). I'll include it in the request I'll send to the DA. If the DA ignore the request or refer me to the CHP, I'll file motion to compel, presumably this can be done with a trial by written declaration?

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