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In Ca.a driver cited for a traffic infraction can request Discovery.
This means the driver can request a copy of the officer's notes usually written on the back of a ticket, a copy of the front and back of the ticket and a copy of the video if one was made.
The driver makes two copies of his request. A FRIEND delivers or mails, certified ,return receipt, one copy to the D.A. and one to the citing officer. The website Help! I Got A Ticket ! has a form to download, although the copy sent to the citing officer needs to be modified. Alternatively your local library may have a copy of a book published by NOLO on contesting a traffic ticket which has a form that can be copied in the back of the book.
To read about Discovery, information can be obtained from the above website or simply by typing Discovery for traffic tickets in the Google Search Window.
Ideally Discovery should be obtained before entering a plea or filing a Trial by Declaration. A form for instructions on how to file and a form to submit can be obtained from a court clerk or can be downloaded by typing in Trial by Declaration on Google.
If the judge rules against the cited driver, then the driver can file for a new trial (another form) and a different judge if done within 20 days.
In court the officer must identify the driver as the one he cited
the driver violated all elements of the vehicle
code he was cited with
that the driver did it deliberately
If the officer doesn't show up in court "Failure to Prosecute" should have the case dismissed.
The driver can also ask for an extension BEFORE Arraignment by phoning a court clerk. In most cases this is granted.
Flying Ron has answered your other two questions.
Best Regards,
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