The Ball is in your court
4-29-08
angy400
At Speeding Ticket FAQ (Google Search )
the material defects of a traffic ticket
which are listed that should lead to dismissal of a traffic ticket includes the officer writing in the wrong name of the street.
Note the word SHOULD, not will.
This site also has a section on asking for a continuance,
Discovery, Trial by Declaration etc.
A site with detailed information on preparing for trial particularly for speeding citations is
Speeding Ticket--Fighting or Plea Bargaining
A book published by NOLO, authored by a lawyer, gives detailed instructions from Discovery thru appeal and is likely available at a local library.
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In Ca. a driver is entitled
to a copy of the officer's notes, a copy of the front and back of the traffic ticket, a video if one was taken, and other information that the officer plans to use in court.
If the driver can obtain an Informal Discovery Request this before filing a Trial by Declaration the driver will be able to write a more knowledgable defence of why he isn't guilty of the violation he was charged with.
How to file for Discovery can be found
1.thru Google by typing in Discovery for Traffic Tickets,
2.by going to the website Help!I Got A Ticket! which has a form fror Discovery that can be downloaded
3.or by checking at a library for a book published by NOLO that not only has guidelines for Discovery and Trial by Declaration but has forms to copy to submit in the back of the book.
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The Discovery Request is made by the driver ideally to the D.A. AND the citing officer. The Request NEEDS to be mailed,(certified, return receipt) OR hand delivered by A FRIEND and the friend needs to give the driver proof that he has mailed the request (A very simple form).
If the requested information isn't received within 15 days of receipt (the return receipt should have the date when the request was delivered) the driver can file a request for dismissal with the court.
(The book has a detailed description of how to do this, and if Penal Code 1054.1 is typed in on Google and read carefully this will make clear what rights are given to the driver by this code.)
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A driver in CA. also can file a Trial by Declaration. The form and intructions can be obtainted
1.from a court clerk
2. going to Google and typing in Trial by Declaration
If the judge rules against the driver then the driver can have a new trial if he files for it within 20 days after the adverse ruling.
Thus the driver has two chances to have his case dismissed and can even request a different judge to appear in court at.
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If the officer fails to show up in court the case should be dismissed.
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If the officer fails to prove that the speed the driver was going is correct according to the method he used then the case should be dismissed.
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Keep Us posted
Best Regards,
Hey There