Why would the CHP be sending the discovery, not the prosecution?
Because the CHP has the documents, not the prosecution. Also because the prosecution does not wanna spend any time on a traffic case. And because the CHP officer will be the one present in court, as well as the one bringing such evidence with him to the court while the prosecution hasn’t a clue about what the officer has or doesn’t have.
Interestingly enough, some people might argue that sending a discovery request to the law enforcement agency in addition to the prosecuting attorney is senseless or out of the ordinary.
Would the CHP deliberately send a radar cert that was not the current one?
Is there a more current one? And how would you know that? If you do in fact know there is a more current one or if the one they provided you is outdated, I would capitalize on that!!!
If the worst happens, and I'm found guilty, how do I go about filing an appeal?
The first step in filing an appeal is simple. You complete a simple form stating the violation and charge you‘re appealing, file it in court within 30 days of your trial as well as serve it upon the D.A. The rest of the appeals process is where it gets tedious. My only advice when it comes to trials and appeals is this: if you feel that an error has been committed, don’t just sit there thinking “I’ll just appeal”. To set the perfect groundwork for a successful appeal, you must make an objection on the record and make sure the judge hears it and addresses it.
If the judge lightens the penalty, {after a guilty verdict}, do I agree, or state then that I'm appealing?
You can agree and still appeal… In fact, I wouldn’t even mention I’m appealing at all regardless of whether I think I am appealing or not. If you wanna give the judge heads up that you’re convinced that you’re “not guilty as charged” and that you’re prepared to appeal if needed, then do that before the trial starts not after it ends.
How? You may ask?
A tape recorded!
Make sure that you request the judge permission to use it though before the trial starts.
With that being said, and at the risk of sounding like a pessimist, I highly doubt the judge will lighten the penalty. When it comes to the base fine, it is set in the bail schedule… The penalty assessment is statutory and (s)he cannot reduce or change that… As for the points, (s)he has no say so there as points are set by the DMV. That leave the 30 day suspension, and although 22348 states:
“The court may also suspend the privilege of the person to operate a motor vehicle for a period not to exceed 30 days”, it has been my experience that judges are adamant about enforcing that.
Lastly, the judge cannot change what you are charged with. Only the prosecution can do that!
Good luck!!!
