Need some advice on speeding ticket on I-5

What is the name of your state? California

Hi, I am new here. I hope i am doing this right. So, I was clocked going 91mph on a 65mph speed limit on I-5. I honestly did not think i was going that fast. He caught me coming from a downhill and i had my brakes applied to slow down, but obviously not fast enough. I just need some advice regarding what I can do to avoid any point on my record. I have a couple of questions also:

Is it offer to make charitable donations to the court in lieu of a fine to avoid having a point? How and when can you do a plea bargain? What can you bargain for? Would be a good idea to plea not guilty and go to court hoping the officer doesn't show? If the officer does show, is it too late to plea bargain?What is the name of your state? And lastly how do you send in an Informal Discovery Request? I heard if no sent in properly, they can ignore it.What is the name of your state?

A formal california public records act request for the calibration data etc. might be a good option...
http://www.thefirstamendment.org/publicrecordsact.pdf

This way if and when the agency fails to provide the records, they are not only failing to provide evidence and the foundation for said evidence but they are directly violating the law as well...

cepe10 said:

A formal california public records act request for the calibration data etc. might be a good option...
http://www.thefirstamendment.org/publicrecordsact.pdf

This way if and when the agency fails to provide the records, they are not only failing to provide evidence and the foundation for said evidence but they are directly violating the law as well...

Click to expand...

Getting it through Discovery is a better option ... and one that will compel the documents. A CPRA request can be dinked around for a while.

- Carl

nikech1 said:

Is it offer to make charitable donations to the court in lieu of a fine to avoid having a point?

Click to expand...

That would not be permissable.

How and when can you do a plea bargain?

Click to expand...

Contact the DA's office and see if they will do so. Some counties have DAs at traffic court who will offer deals ... others don't. See if your DA's office deals on traffic offenses.

What can you bargain for?

Click to expand...

An offense at a lower speed or a lesser included offense. This will at least lower the fine. And a lower speed might make you eligible for traffic school without going before a judge. Most CA courts will not allow traffic school without a judge's order at 26+ MPH over the limit ... and many local rules will not generally permit it even at the judge's discretion for that speed.

Would be a good idea to plea not guilty and go to court hoping the officer doesn't show? If the officer does show, is it too late to plea bargain?

Click to expand...

Typically, people plead "not guilty" at the arraignment and go to court. At court (and after you have found if your officer is there or not) the judge typically gives the option to people who are present to plead guilty and accept traffic school if eligible.

And lastly how do you send in an Informal Discovery Request? I heard if no sent in properly, they can ignore it.

Click to expand...

Check with your local court or DA's office.

Check this link for information on traffic school eligibility and for Discovery:

http://www.courtinfo.ca.gov/rules/titletwo/


- Carl

informal discovery request

How can you get calibration data and etc through discovery? would it come with the engineering and traffic survey? Do you need to send in anything else other than the informal discovery request? Do I keep the proof of service?

nikech1 said:

How can you get calibration data and etc through discovery? would it come with the engineering and traffic survey? Do you need to send in anything else other than the informal discovery request? Do I keep the proof of service?

Click to expand...

The engineering survey is something that would ultimately be obtained by the agency via the road department. The department's fleet/vehicle maintenance department woul dhave the calibration records of vehicles, and someone at the agency shoul dhave the maintenance and calibration records olf the radar/lidar used. Your discovery request should include a request for ALL the information you seek.

Always keep copies AND a copy of the proof of service.

- Carl

nikech1 said:

How can you get calibration data and etc through discovery? would it come with the engineering and traffic survey? Do you need to send in anything else other than the informal discovery request? Do I keep the proof of service?

Click to expand...

You do need prrof of service (ceritified) good chances are you won't get the info and that will be part of your defense. if you supeona you will tip them what your defense strategy is and they will be ready, ambush is you other option - ie the public information act request - i can email you an example if you need one

cepe10 said:

You do need prrof of service (ceritified) good chances are you won't get the info and that will be part of your defense. if you supeona you will tip them what your defense strategy is and they will be ready, ambush is you other option - ie the public information act request - i can email you an example if you need one

Click to expand...

is the public information act request the same thing as california public records act request? and yes please email me an example of one. and do you happen to have an example of an discovery request also?

I got a couple of other questions for everyone. Is an informal discovery request and discovery request the same thing? and is the informal discovery request from David Brown's Fight Your Ticket & Win in California all that is needed to be submitted? and how do i ask for more information such as the calibration and maintenance records?

cepe10 said:

You do need prrof of service (ceritified) good chances are you won't get the info and that will be part of your defense. if you supeona you will tip them what your defense strategy is and they will be ready, ambush is you other option - ie the public information act request - i can email you an example if you need one

Click to expand...

Note that the information he wants is standard for any radar defense. No surprises there. Plus, if an agency or DA who defies a valid request for Discovery this failure can be raised as a defense ... a failure to comply with a CPRA request does nothing for the case and is a cause for penalties and an outside civil action against the agency that fails to provide the information.. The failure to comply with a CPRA request is not generally going to allow the defendant to raise an argument for a continuance since he would be the one failing to properly request the information.

I suupose it would be like signing a contract with a witness to attend court as opposed to a subpoena ... one is enforceable in a venue outside the criminal court and the other is enforceable In the criminal court.

- Carl

nikech1 said:

is the public information act request the same thing as california public records act request? and yes please email me an example of one. and do you happen to have an example of an discovery request also?

I got a couple of other questions for everyone. Is an informal discovery request and discovery request the same thing? and is the informal discovery request from David Brown's Fight Your Ticket & Win in California all that is needed to be submitted? and how do i ask for more information such as the calibration and maintenance records?

Click to expand...

The informal discovery request in that book should be sufficient. I believe it includes a checklist for the items requested, and the calibration and maintenance records should be on that list.

And I believe the FOIA request he refers to would be similar to a CPRA. Note that FOIA is a federal rule whereas the CPRA covers the release of CA state documents. And, as I previously noted, failure to comply with discovery can be held against the state in your trial - an agency/DA failure to comply with a CPRA request will do nothing to benefit you in court.

- Carl

Alright here is my strategy for you Granted you should visit the court once and see what happens. If everyone happens to be getting probation before judgement for pleading guilty and even the peopole twith lawyers are doing it you may want to go that route.

If not...

My perspective is that this is a criminal case and the state has to provide the foundation for their scientific evidence without being asked, that is their job. Every high court decision on speed enforecemnt justifies this as well as the NHSTA, DOT, and IACP standards and specifications for speed enforcement. This includes all the calibration records for the gun as well as the tuning forks. etc. Testimony by the LEO is most likely hearsay as he in all likely hood is not qualified to repair and calibrate sophisticated radar/lidar systems.

In a lot of cases through their own neglect the state won't do their job and bring the state certified calibration records, (unless they are forewarned and then they will probably be ready just for you)... Thus if this is the case in your trial, that is the basis of a dismisal due to a lack of foundation for the evidence provided.

The request for the information is an additional measure.

In Maryland like in California we have the Maryland public information act (the link I sent you was for the california, Legally the agency only has a limited amount of time to provide you the records (30 days in MD) or provide the reason for denial. After that 30 day period the agency is guilty of a crime in MD... I'm already assuming they won't provide the request, but if they do you'll at least be prepared and will have to go over everything with a fine tooth comb

If not data provided, you can honestly state for the judge that not only did the state not provide the foundation for the evidenc but the agency also violated the law in not providing the records, despite being asked in a formal public information act request.

CdwJava said:

The informal discovery request in that book should be sufficient. I believe it includes a checklist for the items requested, and the calibration and maintenance records should be on that list.

And I believe the FOIA request he refers to would be similar to a CPRA. Note that FOIA is a federal rule whereas the CPRA covers the release of CA state documents. And, as I previously noted, failure to comply with discovery can be held against the state in your trial - an agency/DA failure to comply with a CPRA request will do nothing to benefit you in court.

- Carl

Click to expand...

The informal discovery reuqest from this book only asks for the defandan'ts statements, notes form the citing offier, and the engineering and traffic survey.

How do i ask for calibration records and certificates?

cepe10 said:

In Maryland like in California we have the Maryland public information act (the link I sent you was for the california, Legally the agency only has a limited amount of time to provide you the records (30 days in MD) or provide the reason for denial. After that 30 day period the agency is guilty of a crime in MD... I'm already assuming they won't provide the request, but if they do you'll at least be prepared and will have to go over everything with a fine tooth comb

Click to expand...

sorry i didnt get any link. can you please send it again?

nikech1 said:

sorry i didnt get any link. can you please send it again?

Click to expand...

here's the link
http://www.thefirstamendment.org/capra.html

email me at [email protected] if you want a template to use.

nikech1 said:

The informal discovery reuqest from this book only asks for the defandan'ts statements, notes form the citing offier, and the engineering and traffic survey.

How do i ask for calibration records and certificates?

Click to expand...

The local court can probably help you with the specific format. If not, go to www.courtinfo.ca.gov and search there ... there is a good deal of info on Discovery there.

And while the CPRA request is an option, as i said, failure to produce a record pursuant to a CPRA request does not have the same effect on a criminal proceeding as failing to provide discovery. Failing to provide discovery that is properly requested could result ian dismissal of your case. Failing to receive info pursuant to CPRA is a seperate matter from your criminal issue.

- Carl