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  #1  
Old 10-03-2008, 03:36 PM
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Fighting a traffic ticket?


What is the name of your state (only U.S. law)? California

I want to know what 4 documents must the officer bring to court and have submitted into evidence?

What is hearsay evidence?

What is a coasting charge?
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  #2  
Old 10-03-2008, 03:51 PM
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Quote:
Originally Posted by totalcom1 View Post
I want to know what 4 documents must the officer bring to court and have submitted into evidence?
I have no idea what you are talking about.
Quote:
What is hearsay evidence?
Testimony given in court about what someone said out of court. Generally inadmissible in the US.
Quote:
What is a coasting charge?
21710 VC Coasting Prohibited

The driver of a motor vehicle when traveling on down grade upon any highway shall not coast with the gears of such vehicle in neutral.
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  #3  
Old 10-03-2008, 05:44 PM
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totalcom1

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,
Hey There
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  #4  
Old 10-03-2008, 06:26 PM
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Quote:
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.
That's nice, but those are not "four documents the officer must bring to court and have submitted into evidence."
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  #5  
Old 10-03-2008, 07:07 PM
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Quote:
Originally Posted by totalcom1 View Post
I want to know what 4 documents must the officer bring to court and have submitted into evidence?
No law says he HAS to bring ANYTHING to court and have it submitted in to evidence. There are things that might need to be established to show that there is not a speed trap ... is this what you are referring to?

Quote:
What is hearsay evidence?
Google is your friend. But, the officer CAN tell the court what you told him/her.

Quote:
What is a coasting charge?
Already answered.

- Carl
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  #6  
Old 10-03-2008, 07:27 PM
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I guess you guys don't recognize homework when you see it.
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Originally Posted by jdslilangel View Post
Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer.
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  #7  
Old 10-03-2008, 07:34 PM
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I doubt his instructor will be looking for any of the responses posted here.

I suspect the class lecture or the text provided at least some of the answers and that might differ from a response given here.

- Carl
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  #8  
Old 10-03-2008, 07:35 PM
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Quote:
Originally Posted by totalcom1 View Post
I want to know what 4 documents must the officer bring to court and have submitted into evidence?
Depending on the violation (which vehicle code section is listed on the citation), the officer may have to bring in and introduce a different set of documents for each case. There is no set rule that he has to bring in "x" number of documents as a general rule.
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Originally Posted by totalcom1 View Post
What is hearsay evidence?
In addition to what FlyingRon stated, a person testifying cannot quote a another person's statements during a conversation that transpired between them. If the witness does that, then their statement regarding that conversation is referred to a "hearsay" which is inaddmissable in court!
If the party testifying feels that the conversation is important to their case they can call that third part to testify as to the particulars of that conversation!
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Old 10-03-2008, 07:57 PM
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Quote:
a person testifying cannot quote a another person's statements during a conversation that transpired between them.
But, what if the other person is a party opponent? What if it was said contemporaneous with the issue? What if... a whole lot of other things.

Heresay is a complex evidentiary issue. Lawyers rely on it, Pro Se's get hung by it.

Study hard and ignore IGB's "advice" on the matter.
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  #10  
Old 10-04-2008, 04:43 PM
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Quote:
Originally Posted by tranquility View Post
But, what if the other person is a party opponent? What if it was said contemporaneous with the issue? What if... a whole lot of other things.

Heresay is a complex evidentiary issue. Lawyers rely on it, Pro Se's get hung by it.

Study hard and ignore IGB's "advice" on the matter.
Yeah, it sure is a complex issue... Do me a favor, if you're gonna correct me on how to define it, make sure you contemporaneously know how to spell it.

Thank you very much!
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Last edited by I_Got_Banned; 10-04-2008 at 04:46 PM.
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