Results 1 to 10 of 20

Hybrid View

  1. #1
    Join Date
    Nov 2009
    Posts
    7

    Default Interpreting Ticket Comments and Markings

    My question involves a speeding ticket from the State of: California

    The officer used a LASER gun to determine my speed.

    With reference to the scanned ticket below, I was wondering what the circled items mean:

    1. "D / M / C" in the comments field #19
    2. Some alpha-numeric digits after the Officer's serial number in field #21; appears to be "RA3I" or something similar. Is this the LASER serial number?


    The location the officer wrote down in item #18 is the cross-street where I was stopped at a red light before the actual road where the Officer allegedly claimed I was speeding. Is the location written on the ticket "near enough" to the area where he had his LASER gun pointed at me, or something that could be useful in contesting the ticket?

    I submitted a formal discovery request to the DA 14 business days before my trial by written declaration due-date. I have not yet received a response. Is this sufficient notice in requesting the case be dismissed, or did I not start discovery early enough?

    Thank you for your comments,

    John


  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: What Do These Ticket Comments/Markings Mean (California)

    "D/M/C" means "Dry" as in "road surface was not WET", "Medium" as in not heavy/light traffic.... and "C" means "Clear" an in not cloudy or raining...

    I don't know what the other abbreviation refers to...

    Quote Quoting jpap
    View Post
    I submitted a formal discovery request to the DA 14 business days before my trial by written declaration due-date. I have not yet received a response. Is this sufficient notice in requesting the case be dismissed, or did I not start discovery early enough?
    You did not submit your discovery request early enough. Remember the statute allows them a 15 day period before you can petition the court for some sort of order to produce the items you requested.

    Furthermore, their failure to provide you with the items you requested via discovery, and while it can subsequently lead to a "not guilty verdict", the matter can not simply be dismissed if they did not reply. You can move to compel discovery, exclude evidence, delay/prohibit testimony... But to simply go in requesting a "dismissal"... Very unlikely that the court will outright dismiss the case.

  3. #3
    Join Date
    Nov 2009
    Posts
    7

    Default Re: What Do These Ticket Comments/Markings Mean (California)

    Thanks for your response!

    Is it 15 working/business (Mon-Fri) days, or 15 calendar days?

    In my case, I mailed/served my formal discovery request to the DA (CC'ing the superior court) on Nov 4, 2009. The due-date for the TBWD is Nov. 23, 2009, which I intend on submitting in person on the day.

    Assuming the 15 days are met, how does one proceed with a compelled discovery during a TBWD? Or is it better to ask the court to exclude evidence in this case? (Although I'm unsure how that will help here.)

    John

    Quote Quoting That Guy
    View Post
    You did not submit your discovery request early enough. Remember the statute allows them a 15 day period before you can petition the court for some sort of order to produce the items you requested.

    Furthermore, their failure to provide you with the items you requested via discovery, and while it can subsequently lead to a "not guilty verdict", the matter can not simply be dismissed if they did not reply. You can move to compel discovery, exclude evidence, delay/prohibit testimony... But to simply go in requesting a "dismissal"... Very unlikely that the court will outright dismiss the case.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: What Do These Ticket Comments/Markings Mean (California)

    Quote Quoting jpap
    View Post
    Is it 15 working/business (Mon-Fri) days, or 15 calendar days?
    15 calendar days...

    Quote Quoting jpap
    View Post
    Assuming the 15 days are met, how does one proceed with a compelled discovery during a TBWD? Or is it better to ask the court to exclude evidence in this case? (Although I'm unsure how that will help here.)
    Unfortunately, I think this is one of the inherent defects of the Trial By Declaration process. The fact that you have elected to forgo the process of an in court trial, i.e. an appearance before the judge, would mean that any pretrial motions that you wish to file, must be done by mail, and more importantly, must be ruled upon by the judge before you submit your declaration (that way you can fine tune your arguments depending upon your motions were granted or not). By you simply waiting until 19 days before the due date of your declaration to request discovery, you simply squeezed yourself out of the opportunity to not only file a motion to compel, but you did not give the court sufficient time to decide on your motion, nor did you give the court ample time to issue an order to compel the DA to provide discovery...

    And for you to jump to the “exclude evidence” step simply because you waited too long to afford yourself the ability to request relief in the way of an “order to compel”... I would assume that your “motion to exclude” will not get you any relief either.

    Had you filed your discovery request shortly after you received your citation, or between then and the time that you filed your request for a TBD, then you might have had enough time to request relief from the court, and that would have subsequently given the court ample time to issue orders as required by PC 1054.5.

    Also, there are often times when the DA will refer you to contact the law Enforcement agency that issued the citation. Whether you served your request on the LAE in addition to the DA, I am not sure... But that might be the reason why you have not received anything as of yet.

    With that being said, you can try to make a motion as part of your TBD. Whether such a motion will be ruled upon or even considered by the judge as part of his final decision in your TBD, is up to the judge.

    Lastly, and after looking at your citation, it seems to me that the one item that you might need in this case would more likely be the speed survey (Traffic and Engineering Survey). You can try to request that from either CalTrans or from the agency responsible for maintaining that portion of the roadway where you were cited (city engineering dept). Additionally, some courts and/or law libraries do also keep copies of those survey on file and you should be able to obtain one simply by forking over a few buck for the cost of copying. Try that and if you come up with anything, post the details from that survey and you might get some direction as to how to proceed.

    By the way, here is Penal Code Section 1054.5(b) which relates to discovery matters:

    CPC 1054.5.
    (b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure.
    (c) The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the Constitution of the United States.

  5. #5
    Join Date
    Nov 2009
    Posts
    7

    Default Re: What Do These Ticket Comments/Markings Mean (California)

    Thanks again for your very detailed response!

    I waited until after I received a case number to issue the formal discovery request. The case number was allocated only after I received the paperwork for the TBWD.

    I didn't realize, at the time, that I could have submitted a discovery request (an "informal"?) with only the citation number. I was also one-week delayed in serving my formal discovery because I had a severe flu at the time. The Superior Court refused to grant an extension to the TBWD due-date.

    The discovery request was served to the DA and copied to the superior court; not to the LEA, as the LEA is not the prosecuting attorney. My understanding is that the DA should forward the request to the LEA through an official channel.

    I also tried obtaining the Engineering and Traffic Survey from the Engineering and Construction Department in Redwood City. The person I spoke with said they don't have the documents on-file; only the raw data that he cannot distribute. I was then referred to the Superior Court, Traffic Division. They were closed (every 3rd Wed/month), so I couldn't speak with them today.

    The Engineer also told me that I must put in a discovery request to access the Survey. I'd like to just turn up, pay a few bucks for a copy, and inspect the Survey; with the understanding that it is not my responsibility to table a certified copy along with my written declaration.

    Any recommendations on obtaining the Survey at this late stage?


    Nevertheless, I suspect there's little in the Survey to help. The Engineer verbally told me that the latest "raw data" was dated 2008; the measured speeds were between "low 20s" and "little above 45"; average 36mph (appears the 85th percentile wasn't used?). 2.1 Accidents per 1M (state 3.3). I was cited with a LASER measured speed of 51, and written down for 50mph in a 35 zone.

    I suspect this case would hinge on the officer's notes, his certification/training, LASER calibration and position relative to my vehicle at the time of his reading. None of this information was provided through discovery. The ticket does not accurately indicate positioning; I didn't see the officer's vehicle so I don't know with certainty where he was either. I suspect the reading was taken on the curved part of the road (but that may have only resulted in a speed reading in my favor?).

    Any other advice greatly appreciated. Apologies for the post length.

    John

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: What Do These Ticket Comments/Markings Mean (California)

    I think its bull that they told you that they don't have the surveys on file (if the issuing agency doesn't have them on file, then who does???). I also think its more bull that they said you need a discovery request to obtain a copy. Traffic and engineering surveys are part of the public record that anyone can request and receive with or without a discovery request. I might even try a Freedom Of Information Act Request... But I'm not sure where to even start with that or how long it might take (I have never had the need to do one). Other than that, I would try to call the court tomorrow to see what they say. My guess is that you will be rejected there as well.

    Quote Quoting jpap
    View Post
    I suspect this case would hinge on the officer's notes, his certification/training, LASER calibration and position relative to my vehicle at the time of his reading. None of this information was provided through discovery. The ticket does not accurately indicate positioning; I didn't see the officer's vehicle so I don't know with certainty where he was either. I suspect the reading was taken on the curved part of the road (but that may have only resulted in a speed reading in my favor?).
    Yeah, but unfortunately, by the nature of the TBD process, you will not get to cross examine him about any of the above.

    I think that your only option here is to go forward with your TBD, and if found guilty, then submit a request for a copy of the officer's declaration (including copies of all attached documentation) and follow through with a Trial De Novo.

    other than that, I am not sure what else you could do at this point in time. Sorry.

    But please keep us updated as to how this goes.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Lane Violations: Markings on Road Conflict With Markings on Street Sign
    By talcott in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 02-13-2011, 03:10 AM
  2. What are Proper Markings for a Tow Away Zone
    By ms ladyjb in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-03-2010, 12:14 PM
  3. Towing: Towing Where Space Markings Were Hidden
    By ben1974stamp in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 02-04-2009, 06:49 PM
  4. Traffic Lane Violations: Intersection With No Markings
    By BigD_WV in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-01-2008, 11:37 AM
  5. Parking Tickets: Confusing Markings On A Parking Spot, Received Parking Ticket
    By svgwrestler in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-24-2008, 02:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources