What is the name of your state (only U.S. law)? CA
Hello,
First I want to thank for your help and pardon my ignorance regarding traffic law.
My story begins about a month ago when I was pulled over by a CHP officer (He was on a motorcycle) while driving on a 4 lane highway. He said I was going 85+ and the max is 70 mph.
He said he was in front of me, then he got off at an exit, got back on the freeway, followed me for a bit and then pulled me over. I’m not sure how he determined my speed by radar or pacing?
If he came to his estimate by pacing doesn’t he have to follow me for a certain distance? Are there other conditions that must be met for pacing to be an accurate determination of one’s speed?
I filed for an Informal Discovery Request. Initially, I sent one out to the CHP office but then I got a hold of the “Fight Ticket and Win in CA” book, and it said to have someone else send out the request. I filed for a month extension to appear in court and I had a friend mail out a copy to the CHP, DA, and City Attorney. It has been 20 days since my request and I have only received a letter from the DA informing me that they don’t involve themselves when the case is an infraction.
In the book it says “If your discovery request is ignored for over 15 days, you can make a written motion to dismiss the case or to preclude the officer who cited you from testifying.”
Pardon my ignorance but I thought a written motion means that you write a letter to the court or judge asking to dismiss the case but from what I understand I have to go to court and request that the judge dismiss the case? Furthermore, when I go to court, I have to plead Guilty or Not Guilty. The whole point of the discovery request was the ability to see the officer’s notes, to help me determine how to plead.
The “Fight Ticket and Win in CA” book is a little confusing and I am unsure of my best option:
Do I go to court, request the case to be dismissed because they failed to provide me with the documents requested?
Do I try a trial by written declaration? May I request a dismissal by written declaration?
There is also the whole “speedy” trial, that I’m a little confused about and is that affected because I requested a 30 day extension to appear in court?
Hello,
First I want to thank for your help and pardon my ignorance regarding traffic law.
My story begins about a month ago when I was pulled over by a CHP officer (He was on a motorcycle) while driving on a 4 lane highway. He said I was going 85+ and the max is 70 mph.
He said he was in front of me, then he got off at an exit, got back on the freeway, followed me for a bit and then pulled me over. I’m not sure how he determined my speed by radar or pacing?
If he came to his estimate by pacing doesn’t he have to follow me for a certain distance? Are there other conditions that must be met for pacing to be an accurate determination of one’s speed?
I filed for an Informal Discovery Request. Initially, I sent one out to the CHP office but then I got a hold of the “Fight Ticket and Win in CA” book, and it said to have someone else send out the request. I filed for a month extension to appear in court and I had a friend mail out a copy to the CHP, DA, and City Attorney. It has been 20 days since my request and I have only received a letter from the DA informing me that they don’t involve themselves when the case is an infraction.
In the book it says “If your discovery request is ignored for over 15 days, you can make a written motion to dismiss the case or to preclude the officer who cited you from testifying.”
Pardon my ignorance but I thought a written motion means that you write a letter to the court or judge asking to dismiss the case but from what I understand I have to go to court and request that the judge dismiss the case? Furthermore, when I go to court, I have to plead Guilty or Not Guilty. The whole point of the discovery request was the ability to see the officer’s notes, to help me determine how to plead.
The “Fight Ticket and Win in CA” book is a little confusing and I am unsure of my best option:
Do I go to court, request the case to be dismissed because they failed to provide me with the documents requested?
Do I try a trial by written declaration? May I request a dismissal by written declaration?
There is also the whole “speedy” trial, that I’m a little confused about and is that affected because I requested a 30 day extension to appear in court?