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    Default Red Light Camera Ticket After Failure to Stop

    Here's what happened: I was making a right turn but didn't stop. So I got a ticket.

    I sent the police an informal discovery request. For those who needs the copy of the letter and the proof of service form, e-mail me.

    I am still amazed that City of Montebello in Los Angeles County actually honored my discovery request. They fedexed me 50 pages of document and a CD and wanted me to pay $14.95.

    Question is can I get the fee waived? I need to save money to pay for ticket-$436, traffic school is an additional $64. I am thinking of calling the police to politely waive that $14.95 and tell him to please not show up at the court.

    Another question: Can I still motion the court to dismiss the proof of evidence sent by the police since it was sent after the 20 days. In fact, I received it on the 30th day. But here is the problem, i sent the police certified mail with return receipts but the police never mail back the return receipt. I did receive return receipts from LA City and County District Attorneys though. I went on line and the tracking didn't show it was delivered. The only proof that I sent police the request 30 days ago was the Proof of Service which lists the dates at June 30, 09.

    I have an arraignment coming up in September. I don't know why they can't just have a trial but needed to have an arraignment first.

    So what do I do to get out now? All I am counting is for police to not show up.

    here's my letter if you are interested. the police actually went through each item. They are fighting me hard on this one. Please help.

    Pursuant to California Penal Code sections 1054 and 1054.1, and California Government Code section 26500, the defendant in the above-entitled matter does hereby request under discovery the following:

    • A copy of the Project Report for the traffic signal in this case as required by the Manual on Uniform Traffic Control Devices, as modified by the California Supplement, (MUTCD) Section 4B.102.

    • A copy of the Cooperative Agreement for the traffic signal in this case as required by MUTCD Section 4B.109.

    • The names and addresses of all witnesses who may be called to testify against the defendant at the trial.

    • All statements regarding this case, whether written or oral, made by any potential witness in this case, whether or not the prosecution intends to call them at trial. The contents of any such oral statements must be disclosed only to the extent that they are not presently contained in police reports or citations given to the defendant, but the People must disclose all additions to, deletions from, denials, explanations and clarifications of such statements contained in the police reports and citations, including all tangible evidence which relates to this case, whether or not the prosecution intends to introduce the evidence at trial.

    • All handwritten notes and/or case memorandums, if any, made by any or agent or employee of the City's red light camera contractor, regarding the officer's, agent's or employee's conversations or interviews with witnesses and/or the defendant in the present case, or regarding his review of documents, citations and photographs, and any written report based on those conversations, interviews, or review of said materials.

    • Copies of all photos or videos taken of the defendant or of the vehicle he is alleged to have been driving, at or near the time of the alleged violation in this case. This request includes, but is not limited to, copies of the photographs allegedly taken during defendant's alleged encroachment into the aforementioned intersection, and copies of the additional modified photo-enlargements depicting a close-up driver's image and a close-up license plate photo. Please assure that all copies of photographic materials (still or video) are the same resolution as the originals and have not been cropped or trimmed, and that all copies of videos are the same length and "frame rate" (frames per second) as the originals. Please also assure that if the original photos were "digital," the copies provided are also in a digital form.

    • A copy of any contract in which the State agrees to provide traffic signal control system engineering services for the traffic signal in this case per MUTCD Section 4B.110.

    • A copy of the Studies and Factors for Justifying Traffic Control Signals and all attendant Warrants for the traffic signal in this case as set forth in MUTCD Section 4C.01.

    • A copy of the Signal Plan Schedules for the traffic signal in this case as required by MUTCD Section 4D.102.

    • A copy of the most current Review of Traffic Signal Operations including timing records for the traffic signal in this case as required by MUTCD Section 4D.114.

    • A copy of the Engineering and Traffic Survey as defined in pages 51 through 54 of chapter 2B used to set the speed limit which in turn determines the timing of the yellow light for the traffic signal in this case per MUTCD Table 4D.102 as required by Vehicle Code section 21455.7.

    • A copy of the contract between the City of Montebello of Los Angeles County and the supplier of the automated enforcement system.
    • Examination of any books, papers, documents, photographs, tangible objects or other physical evidence which the People intend to use in the trial or which were obtained or created in the investigation, initiation, or service of the case against the defendant (including proof of service, certificate of mailing, or other evidence of mailing). Copies of all exhibits, including any diagrams, charts, or system logs, the People intend to present at the trial. Defendant In Pro Per herein requests to make an appointment to view the original exhibits in advance of trial. Please also assure that if any provided photos were originally recorded "digitally," the photos under provided under this discovery also are in a digital form.
    • Examination of all original photographs, digital images, superimposed images, transparencies, slides, diagrams, motion pictures and/or video tapes, composites or likenesses shown to or reviewed by witnesses and prospective witnesses in this case for the purpose of establishing the identity of suspects in the crime charged against the defendant; and all reports concerning the display of such to said witnesses.
    • All reports of experts, police officers, service technicians, and investigators made in conjunction with the case involving the results of physical or mental examinations and/or scientific tests, including but not limited to the reports and results of those who examined the photographs, registration records, and data collected in order to request that prosecution be initiated in this matter, together with the reports and results of those who examined the technology and made any such conclusions that the technology was calibrated and/or in proper working order.
    • All laboratory, technician and other reports concerning the testing and examination of said physical evidence. This request specifically includes the calibration and maintenance documents for the red light camera device(s) installed at the subject intersection (noted above), and the calibration and maintenance documents for the traffic signals at said intersection, with said records to include 366 days prior to the instant violation and thirty days subsequent thereto. This request also specifically includes all documents pertaining to signal light timing for all traffic signals at said intersection. This information should include copies of timing requirements, warrant requirements and specifications for all yellow light phases at said intersection. It should also include copies of any changes or alterations in light phase duration since the installation of the traffic signal lights, including any changes in light phase duration since the installation of the automated enforcement system at said intersection.
    • Investigation, maintenance, and repair reports pertaining to this case or other photo enforcement cases that allegedly occurred within one month before and one month after the alleged violation in this case, whether written or oral, by the office of the city attorney, the City’s police department, the City’s red light camera contractor, or any other investigators, technicians, subcontractors, or repair workers.
    Please note: PC 1054.1 uses the imperative, “shall disclose.” The only place in the law where we find any choice in this matter is in Government Code 26500, which states in part:
    The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses. (emphasis added)
    Obviously the public prosecutor would not violate the law, therefore we will have to interpret a failure to provide the documents requested under discovery as an exercise of the discretion provided for in GC 26500 and a decision not to prosecute this case.
    This request is made on this the 30th day of June 2009.

    The following is disclosed to you pursuant to Penal Code Section 1054.3:

    • NAMES AND ADDRESSES OF WITNESSES (OTHER THAN DEFENDANT) WHO WILL TESTIFY AT TRIAL:

    NONE

    • RELEVANT UNPREVILIEGED WRITEEN OR RECORDED STATEMENTS OF WITNESSES:

    NONE

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