What Do I Do if a Cop Gave Me a Ticket for Something I Did Not Do?

[SonOf1]

I did the request for discovery on sept 11. and I got the green proof of service card back . I have not heard anything from them yet. How long does it take to get a reaply? I heard that things run differently in juvenile traffic court cases. Do you know anything about that? I go to cout the second week of October for my first time on this. I know I enter my plea then.

[SonOf1]

Update:
I go to court on the 10th. People have been telling me that juvenile traffic court is different than adult. I am going to ask the judge to dismiss the case. I wote a one page request. If he deny the requst Iwill ask for a postponement because I have not gotten an answer yet to my notice of discovery sent 9-11.
Questions:
How long does the DA have to respond to a notice of discovery?
Is there a time limit for them to reply?
Am I doing things in the right order?
Thank you for your help

[EWYLTJ]

Juvenile traffic court?? Is there such a thing?

What grounds does your "one page request" use for justifying your request for dismissal?

You are WAY past the time limit for the prosecution to respond to a discovery request. The "green card" you have is a return certified mail reciept. That is not a proof of service. I hope you did send a proof of service with your discovery request. Make sure you take that to court as well. If you did your discovery request correctly, then you do NOT as for a continuance. You simply object to all evidence that the officer tries to admit which you asked for in discovery. Let him testify first. Then, you can ask him if he used any notes from the day of the incident to refresh his memory. If so, you should ask that the judge strike his entire testimony as you were not provided a copy of these notes in discovery (I'm assuming you asked for them). You should also object to any documents you asked for (i.e. calibration/maintenance records, certificates of training, etc...)

If he is not allowed to present any evidence, then he has no case against you.

[SonOf1]

Juvenile traffic court?? Is there such a thing? Yes there is hereI have to bring a parent, even though I am married and have my own place. The clerk said they do things different than Adult court???? This did not make sence to me either. Anyway I'll see on Friday.

What grounds does your "one page request" use for justifying your request for dismissal? Officer facts are wrong, Wrong address, wrong posting of speed and wrong that he saw me that I violate 22350. I presented "Annexure" referenced and numbered to present the facts I have along with a reference to People vs. Ellis(1999)on dismissing case. I hope I did it right. Anyway I did my best.

You are WAY past the time limit for the prosecution to respond to a discovery request. The "green card" you have is a return certified mail reciept. That is not a proof of service. I hope you did send a proof of service with your discovery request.

I have one copy the proof of service by mail and I have the copy of that, the green return card, and the receipt from the post office. I sent it to the DA here and in Bakersfield and also to the court here. Is that enough?

I have asked for a list of all witness for the prosecution, Officer Keys log for August 29th, 2008, all records regarding the maintenance and calibration of the speedometer of the vechicle used by Keys that day, and copy of officer Keys note on the discovery request.
I also tried to get a traffic survey but the traffic survey guy said they are outof date( it was in the paper last week) and I don't think it can apply to this because it is a school zone???

Hope I did everything right. My mom does not know too much because she hasn't gotten a ticket in years. My uncle helped me.

[SonOf1]

I went to my first court date. In Juvenile Traffic court instead of pleading guilty or not guilty, you say "I accept the testment as true or I disagree with the testment.
If you disagree then you go to another court date set by the judge. I said I disagree so now I have to go in November. Still no answer to the "Notice of Discovery"
It was alot different than I had read about. The motion for Dismissal had to be file with the DA and the court and the judge will do whatever he does regarding that on the court date I go back. he put it on the calander.
I am getting the question to ask the cop if it goes that far. I just want to be let you know how it going. oh! my motion to dismissed was more than one page. I hope I did it right.

[ashman165]

I went to my first court date. In Juvenile Traffic court instead of pleading guilty or not guilty, you say "I accept the testment as true or I disagree with the testment.
If you disagree then you go to another court date set by the judge. I said I disagree so now I have to go in November. Still no answer to the "Notice of Discovery"
It was alot different than I had read about. The motion for Dismissal had to be file with the DA and the court and the judge will do whatever he does regarding that on the court date I go back. he put it on the calander.
I am getting the question to ask the cop if it goes that far. I just want to be let you know how it going. oh! my motion to dismissed was more than one page. I hope I did it right.

Pardon me here but I don't know the geography of California and where you live, so I can't point you to a particular court.

But you did mention something about this being resolved in juvenile court (maybe california does it differently than my state?). You should go here to read the rules on the type of court hearing your case. You can read up on proof service, filing time limits, and discovery time requirements on that website once you determine the type of court you're being tried in.

Of course, the court may have sent you a convenience notification telling you whether you're eligible for traffic school or not. I found some general information on that by looking here.

To answer your question if there's some way to figure out speed from the distance and time traveled, yes. There is. You'll find the relevant average formula in high school math or physics books.

In the simplest case, you'll have t=d/r where t is time, d is distance and r is rate (speed). That'll point you in the right direction, but you'll need to take care to realize that this formula contemplates a mathematical average, which may or may not well represent your actual average speed. This means that you can conceivably get the same average speed over the system by altering the extrema as the formula completely ignores speed at any particular point, p, in t(r) where t(r) is the time driven as a function of the rate. Of course, and it can be shown easily, that this can be rearranged to take account for a different case based on the variables you're arguing such that you can have:

r=d/t, and r(t) (r of t; rate as a function of time). It depends on how you choose to argue the factual accounts.

For a true average, you'll need to use integral calculus. Maybe a math/phsyics geek in your school can explain this to you, or help you with it.

Good luck.

[SonOf1]

Last Update
I went to court today. The officer showed up. In the juvenile division the cop told his side and what he saw. He presented pictures for his case. Then I got to ask him any questions I had. I had made a list of question. I started to ask him question when he said he could not answer the question because he did not have his notes with him. The judged asked him question on how he detrimine my speed he said thru visual observant and stated his credidential on how he could do visual speed. It was when I asked him where did he pull me over that he stated he wanted the case dismissed. because he did not have his notes and had a similar case and something about pulling over another car that looked like mine. Tge judge told him they could continue. When Officer Keys' said he would like the case dismissed, because he stated he didn't have his notes, there was no DA.... The judge then dismissed the case. I did not even get to bring up the failure to answer the Request for discovery. My motion to dismissed was put as evidence. I learned alot from you guys. Thank you for all the information you gave.

[M'sta Mikey]

Congrats! It helps when you're prepared as opposed to walking in blind.

[EWYLTJ]

Out-freakin'-standing!!!!