Help - How can I find out where the police car was located before he pulled me over?

SmellyGas said:

What is the name of your state? California

I know I should have asked the officer at the time, but I was pulled over for speeding after making a right turn in a residential area - I think I can prove that he was unable to accurately determine my speed (distance was so short), but I need to know where he was located when he first saw my vehicle, etc. I will submit an informal request for discovery to obtain his notes, but is there a way that I can compel the officer to tell me where he was located, prior to going to court or filing a trial by written declaration? Would it be permissible or advisable to send him an Interrogatory? Any help would be appreciated! Thanks!

SG

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CdwJava said:

If it is not in his notes or in a report, then you will have to ask him in court.

- Carl

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SmellyGas said:

Is there a way that I can compel him to answer a series of written questions via an Interrogatory? I'd like to know these things before I file a trial by declaration or go to court. Thanks!!

SG

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CdwJava said:

I don't believe so, no. You would likely have to make a motion before the court to compel additional responses to discovery to include any interrogatory.

Under the court rules I have only found interrogatories used for civil or family court proceedings, not for criminal ones. And in 15 years of CA law enforcement I have never heard of such a thing. It may be possible, but being that it IS so rare, you may not get the response you want and you might have to go before a court and ask for the information to be provided through a motion for additional discovery.

Perhaps one of our erstwhile CA attorney types will pop in to tell you if there is an easier way to do it or not.

- Carl

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