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  1. #1
    Join Date
    Nov 2009
    Posts
    29

    Angry Court Giving Me the Run-Around for Traffic Survey

    My question involves traffic court in Santa Clara County.

    I keep getting the run around from the court and am really irritated by them. I was hoping someone here with experience can direct me.

    Goal: obtain traffic and engineering survey

    Scenerio:
    - DA responded via mail saying I need to pick up the survey at the courthouse

    1st attempt at courthouse:
    - clerk said she has no idea what i'm talking about
    - front guard is just as cluess and exceptionally rude
    - i call up the DA clerk and she said go back b/c they should have it downstairs in the actual courtroom and isn't in a separate room

    2nd attempt at court house:
    - arrived roughly 5:30pm on a monday and found a cop and he says it's downstairs
    - i go downstairs and it's locked! return to the same officer and he says "you must come back when they have cases going on"
    - i do a follow up call the next day and managed to reach the courtroom clerk and ask when i can grab the survey. he says "anytime before 7pm" I clarify saying "i tried and you guys were closed." His response was "well i don't know what to tell you, come in before 7pm." I then ask if there's someone specific I should ask for and he says "one second" and pushes my call back to the beginning of the automatic phone sequence!

    Before I try my third attempt, anyone else here manage to successfully receive a copy of the survey at the Santa Clara county courtroom? If so, when, where, who, and how did you get a copy?

    This is the most frustrating thing ever and if this is how a typical citizen is treated by our government for a legitimate request/case, I feel sorry for all of us.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Court Giving Me the Run-Around for Traffic Survey

    You should file a motion to compel with the court. Use the same format as the discovery request with the same proof of service. The penal code doesn't say the prosecuting attorney must tell you where to get discovery, it says the PA has to provide it.

  3. #3
    Join Date
    Nov 2009
    Posts
    29

    Default Re: Court Giving Me the Run-Around for Traffic Survey

    thanks, ewyltj.

    i haven't even filed TBWD yet. should i do that first then file a motion to compel?

    edit: just read up on motion to compel. from what i gather, it's like forcing the DA to do their job rather than pushing onto me. i'll file for that but i doubt i'll get a reponse before my due date (~2.5 weeks). so motion to compel are sent to the DA as well, correct?

    i might just go to the court house to get the survey for my TBWD if i can use the speed trap defense for my CVC 22350.

    if the DA doesn't answer, can the info. from the survey used to justify the speed limit be inadmissible? my only thoughts on this is the officer has no support for justifying that the speed i was traveling at was unsafe due to no technical support.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Court Giving Me the Run-Around for Traffic Survey

    Quote Quoting mr5parkle
    View Post
    if the DA doesn't answer, can the info. from the survey used to justify the speed limit be inadmissible? my only thoughts on this is the officer has no support for justifying that the speed i was traveling at was unsafe due to no technical support.
    It can be inadmissable, but in a TBWD, I doubt it will matter. The law doesn't mean much in those. Make the best argument you can and then you can make a motion during your trial de novo to exclude evidence not turned over to you in discovery.

  5. #5
    Join Date
    Nov 2009
    Posts
    29

    Default Re: Court Giving Me the Run-Around for Traffic Survey

    again, thanks for the tips, ewyltj. it's unfortunate TBWD isn't taken too seriously by the court.

  6. #6
    Join Date
    Apr 2009
    Location
    SF Bay Area
    Posts
    625

    Default Re: Court Giving Me the Run-Around for Traffic Survey

    When it comes to informal discovery, most judges will expect the defendant to serve it onto the DA's office, the citing agency, and the court. If those three don't produce a discovery, you'll have a great chance of the judge either granting the motion to compel or to suppress.

  7. #7
    Join Date
    Nov 2009
    Posts
    29

    Default Re: Court Giving Me the Run-Around for Traffic Survey

    Quote Quoting HonkingAntelope
    View Post
    When it comes to informal discovery, most judges will expect the defendant to serve it onto the DA's office, the citing agency, and the court. If those three don't produce a discovery, you'll have a great chance of the judge either granting the motion to compel or to suppress.
    great info., thanks! the motion to compel is granted by the judge? so even if i send a revised version of the 'discovery' letter to the DA, they may just ignore it b/c it needs to be enforced by the judge? does that mean if i need trial de novo, i'll have to motion to compel, then follow up with another court appearance once the motion is granted?

    so i've already sent requests to the following parties:
    court- they said i need to send the request to the issuing agency

    DA- sent me a copy of the officer's notes, said they'll send me the calibration records once they receive them, and told me to go to the courthouse to obtain the survey

    sjpd- mailed out the request last tuesday and received confirmation and return receipt but no word from them yet.

  8. #8
    Join Date
    Nov 2009
    Posts
    29

    Default Re: Court Giving Me the Run-Around for Traffic Survey

    wow, went to the courthouse and the deputy said the surveys there are only for officers and attorneys and cannot be copied. he said i had to go to city hall which i did...

    turns out the entire engineering and transportation dept. decided to take the day off so i got nada again. this is very frustrating...

    i'll wait for sjpd to respond, and if no one provides me the survey, i'm going to ask for it to be inadmissible in my TBWD. I'm also going to ask for the LIDAR to be inadmissible as well b/c the DA has yet to send me the calibration/certification records.

  9. #9
    Join Date
    Dec 2009
    Posts
    1

    Default Re: Court Giving Me the Run-Around for Traffic Survey

    Check out this site

    helpigotaticket.com

    They tell you what to send the DA after the DA refuses the Discovery. You are not required to do the DA's office work. They are required to get the information for you and deliver it to you. If the DA wants you to do the work then they are deputizing you as an assistant DA, which in that case allows you to request dismissal.

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