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  1. #1
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Red Light Camera Ticket-Police Actually Honored Discovery Request

    First of all, do NOT ask them to "waive" any fees. You have a right to discovery under the penal code and that is part of the prosecution's obligation. They have no right to ask you for anything.

    So, did you get all of the discovery you asked for? If not, what did they omit?

  2. #2

    Default Re: Red Light Camera Ticket-Police Actually Honored Discovery Request

    OK. Thanks. So I will just ignore the fee then. I don't think they will submit me to collection agency.

    I haven't checked carefully to see if they did omit anything. It's a lot of papers. My arraignment is on middle of September so I figure I have some time. I looked at the copy of my letter and they numbered each item I requested. They seem to intent on going after me.

    But the main thing is they did send me the CD which shows the footage of me making the right turn without stopping.

    But are you saying I can get the evidence precluded if they didn't send me everything I asked for? Can I also get the evidence precluded if they weren't sent within 20 days?

    Thanks,

  3. #3
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Red Light Camera Ticket-Police Actually Honored Discovery Request

    Here's a hint - they will submit it. There are certain discovery costs that are allowed to be charged to the defense by law. Normally, the citing agency will ignore it for small requests (e.g. 10 pages or less), but in this case a fee of $15 is justified. There are two ways you can learn this - the easy way or the hard way. I'd suggest the easy way on this one.

    As for the delay with getting discovery, i don't think you'd get very far with it. You still have to establish that failure to comply with discovery harmed your ability to plan a defense. Considering that your arraignment is at least a month away, you'd have a tough time establishing that your case got prejudiced by a slight delay. As far as I can tell, the prosecution has complied with discovery and you're not going to make much of a headway trying to get a dismissal on this grounds.

    Since you got popped for making a right without stopping, have you checked if you can use the free right turn defense? Basically, if there is a dedicated right turn lane with a raised island that creates a dedicated channel for vehicles making a right turn, you are only required to yield to other traffic rather than make full stop unless there is a traffic light to the RIGHT of the turn channel. Post a googlemaps link to the intersection along with the direction you were traveling.

  4. #4
    Join Date
    Aug 2009
    Posts
    16

    Default Re: Red Light Camera Ticket-Police Actually Honored Discovery Request

    I got a ticket for a rolling right turn as well recently.

    I PM'd you diamente for the letter and form.

    By the way, did you request an extension?
    I got the ticket about a week ago and my due date is on the 3rd of September.

  5. #5

    Default Re: Red Light Camera Ticket-Police Actually Honored Discovery Request

    Quote Quoting Kwang
    View Post
    I got a ticket for a rolling right turn as well recently.

    I PM'd you diamente for the letter and form.

    By the way, did you request an extension?
    I got the ticket about a week ago and my due date is on the 3rd of September.
    yeah, but I called the Montebello Police department today, who, btw, is very nice. The police told me 80% of the fee goes to the state. And they don't like the ticket either. The state is raising the fees on the tickets as well. I asked them if they will show up at the court, they said they have three people dedicated to the red light camera and will show up at the court.

    I asked the police regarding the high fine. They said they can't reduce it but the judge can. I need to request it at the arraignment. He actually gave me a big help because I was going to wait until the trial to ask for fee reduced. Give the judge a good reason like I was making a right turn and not running straight through the red lights. Cars in other lanes were turning left and there were no pedestrians around so I was not endangering the public safety.

    My letter is in the original message. the form is here https://calcourtforms.com/forms/ca/jc/pos040a.pdf

    You don't have to print out every page. I don't think you need to print out the 3rd page.

    Quote Quoting Kwang
    View Post
    I got a ticket for a rolling right turn as well recently.

    I PM'd you diamente for the letter and form.

    By the way, did you request an extension?
    I got the ticket about a week ago and my due date is on the 3rd of September.

  6. #6

    Default Re: Red Light Camera Ticket-Police Actually Honored Discovery Request

    It's next to the Chevron gas station. I am at where black Dodge charger is next to the blue truck.

    http://maps.google.com/maps?f=q&sour...,61.39,,0,7.14

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