Got a response to my discovery request... Need advice fast!

[SadbutTrue]

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

As many of you may know, I made a discovery request regarding my ticket (VC 22350, 66 in a 50), roughly 3 weeks ago (sent it on oct 9, it was delivered on the 10th). I just got a reply.

In a 1.5 page letter, the Deputy District Attorney of LA (I wrote to the District Attorney of LA) tells me, citing People v Carlucci, People v Daggett, and People v Kottmeier, that a bunch of cases have concluded that The District Attorney doesn't have to appear on traffic matters. The last paragraph of the letter reads like this:

"Based on the decisions in Carlucci, Dagget, and Kottmeier, the Los Angeles County District Attorney adopted a policy of not appearing on traffic infraction matters. Consequently, we are not the proper party to process your discovery request. Instead, we suggest you send your request to the issuing agency."

Now, my immediate reaction to this was that the whole letter is citing evidence arguing that the district attorney doesn't have to attend the court date , and during the last sentence tries to bend that logic to suggest that the district attorney is the wrong person to contact for a discovery request. These cases and GC 26500 allow for the District Attorney to opt not to show up for a traffic matter.. but they don't change the fact that they are indeed responsible for responding to my discovery request, right?

They say that the 'issuing agency' is responsible for the discovery request... but nothing that I read in the entire letter (which I can type up if it helps) about any of these cases says anything allowing the District Attorney to relinquish their responsibility to answer my discovery request.

The timing of this response is both bad and good... my court date is in only a week, but I was going to mail in a court order tomorrow anyway and since I got this today I can respond to this letter as well.

So... am I right here? Are they just writing me in hopes I'll be frightened and just forget the whole request?



Last question... is there a quick resource that will allow me to learn how to cite cases? I see thinkgs like People v Carlucci (1979) 23 Cal.3d 249, 251-252... and not sure what most of it means. I intend to cite a few cases that i've read about on helpigotaticket.com and want to make sure I do it right.

 

[CourtClerk]

First and foremost, in LA County, the DA doesn't deal with traffic matters. The City Attorney does, and they don't answer to discovery requests much either, they never see the tickets unless you were cited for a misdemeanor.

Send your request to the agency that wrote your ticket.

 

[SadbutTrue]

First and foremost, in LA County, the DA doesn't deal with traffic matters. The City Attorney does, and they don't answer to discovery requests much either, they never see the tickets unless you were cited for a misdemeanor.

Send your request to the agency that wrote your ticket.

So I'm just sending it to the local CHP office? Should I send it to the city attorney as well? Any idea where I could find these addresses?

 

[racer72]

Took me about 15 second each to find a mailing address using Google. YMMV depending on you internet speed.

 

[Maestro64]

SadbutTrue,

I think the books or websites you read gave you general information not the specific information you needed. Even though most traffic infractions are considered criminal they do not follow all the criminal procedures set down by the courts in all states and locations. As the DA pointed out, DA's are not required in most traffic tickets, and usually if you read those case it has something to do with the fact you will not go to jail if found guilty.

If that is the case, you have to file a discovery requests with the person or organization who will be charging you with the violation. In this case it is the police

On citing cases, you need to have full copy of the case law, then you have to figure out how that case applies to your situation and why the case upholds your defense or innocence. If you do not have the full case, you need to get an account from a website like findlaw or caseclerk and look up the specific cases and download a copy.

If you can not draw a connection between your situation and case law or some element within the case then it will not help you to drop them on the judges bench.

 

[Zigner]

Interesting - a direct testimonial as to the effectiveness of sending a discovery request to the DA on traffic matters...

 

[SadbutTrue]

Took me about 15 second each to find a mailing address using Google. YMMV depending on you internet speed.

For which one? The City Attorney or CHP? And how do you know whats the proper mailing address... there are several CHP offices in the 'Southern' section and none are obviously responsible for the unincorporated Los Angeles county area near Malibu where I got my ticket...

 

[I_Got_Banned]

First and foremost, in LA County, the DA doesn't deal with traffic matters. The City Attorney does, and they don't answer to discovery requests much either, they never see the tickets unless you were cited for a misdemeanor.

Really?
And what if a driver is cited in an unincorpoated area of L. A. County? Who deals with what then?
What's even more interesting is that if its such a cut & dry case of "its not my job" the D. A. opted to forgo any mention of any reference of the "city attorney". Instead, they attempted to justify this nonsense by citing case law that has nothing to do with "discovery", only whether they're required to make an appearance or not!
Oh yeah... It cost too much for them to show up. As if the fine amounts aren't just simply outrageous!
As far as I'm concerned, I hope that law enforcement will someday decide to forgo appearing in court on traffic matters... LOL... That will certainly be fine by me!
It just seems that the system goes way out of its way to complicate matters and to make it near impossible for us to defend ourselves.
And why?
Its just a "traffic ticket". Just pay the fine and be done with it!
Yeah right!

 

[I_Got_Banned]

Interesting - a direct testimonial as to the effectiveness of sending a discovery request to the DA on traffic matters...

What's even more interesting is that you never bothered to chime in when the OP was inquiring about an address to send his requests to!
Its much easier to do so in hindsight... You're "almost" always right that way!!!

 

[Zigner]

What's even more interesting is that you never bothered to chime in when the OP was inquiring about an address to send his requests to!
Its much easier to do so in hindsight... You're "almost" always right that way!!!

Where is your post (prior to mine) giving him an address?

Pot - meet kettle.

 

[I_Got_Banned]

Where is your post (prior to mine) giving him an address?

Here you go:

https://forum.freeadvice.com/speeding-other-moving-violations-13/specific-questions-upcoming-courtdate-help-please-433848.html#post2062861

I posted that on 10-08-2008 at 2:25pm. Or 22 days ago. . . Long before this thread was ever started.

Feel free to review the entire thread. I was the only one who posted ANY information for the OP to use. Wrong as I may have been, at least I tried. All while offering no criticism, no indication of "guilt until proven innocent" & no sarcastic "post back with results"!

Pot - meet kettle.

Kettle, I am not a "pot"!

 

[Zigner]

Here you go:

https://forum.freeadvice.com/speeding-other-moving-violations-13/specific-questions-upcoming-courtdate-help-please-433848.html#post2062861

I posted that on 10-08-2008 at 2:25pm. Or 22 days ago. . . Long before this thread was ever started.

Feel free to review the entire thread. I was the only one who posted ANY information for the OP to use. Wrong as I may have been, at least I tried. All while offering no criticism, no indication of "guilt until proven innocent" & no sarcastic "post back with results"!



Kettle, I am not a "pot"!

We're talking about THIS thread. I have no inclination to dig through our OP's history.

 

[I_Got_Banned]

We're talking about THIS thread.

"We"?
"You" did NOT specify that. "You" asked me to show you a "post" wherein I offered the OP an address and I did.

I have no inclination to dig through our OP's history.

Then you should keep your sarcastic comments to yourself. But only to avoid the embarassment that you're feeling now.

"Post counts" mean nothing when you make it obvious that you are not offering any benefit to anyone on here!

 

[Hey There]

Part One/ Part Two to Follow

As Court Clerk states the agency that cited you needs to be notified.
and the City Attorney in L.A. and parts of L.A. county.
The address of the City Attorney should be listed in the phone book.
My experience has been that I was told that the District Attorney doesn't handle Informal Discovery Requests yet the local court wouldn't set a hearing to dismiss or compel discovery until I had proof of service that THE District Attorney had been notified as well as the Police Dept.
So the information here is that if a driver has a friend send copies of the Request for Discovery certified, return receipt to the City Attorney (L.A.)and the Citing Agency the court should set a date for a hearing to dismiss because Discovery wasn't provided.
The source for this information is from a book published by NOLO on contesting traffic tickets in CA. This book also has a sample of how to request a Hearing To Dismiss as well as nformation on how to contest a speeding ticket.

Google Penal Code 1054.1 for the entire section on regarding Discovery.
1054.1. The prosecuting attorney shall disclose to the defendant or
his or her attorney all of the following materials and information,
if it is in the possession of the prosecuting attorney or if the
prosecuting attorney knows it to be in the possession of the
investigating agencies: (a) The names and addresses of persons the prosecutor intends to
call as witnesses at trial.
(b) Statements of all defendants.
(c) All relevant real evidence seized or obtained as a part of the
investigation of the offenses charged.
(d) The existence of a felony conviction of any material witness
whose credibility is likely to be critical to the outcome of the
trial.
(e) Any exculpatory evidence.
(f) Relevant written or recorded statements of witnesses or
reports of the statements of witnesses whom the prosecutor intends to
call at the trial, including any reports or statements of experts
made in conjunction with the case, including the results of physical
or mental examinations, scientific tests, experiments, or comparisons
which the prosecutor intends to offer in evidence at the trial.

And

1054.5. (a) No order requiring discovery shall be made in criminal
cases except as provided in this chapter. This chapter shall be the
only means by which the defendant may compel the disclosure or
production of information from prosecuting attorneys, law enforcement
agencies which investigated or prepared the case against the
defendant, or any other persons or agencies which the prosecuting
attorney or investigating agency may have employed to assist them in
performing their duties.
(b) Before a party may seek court enforcement of any of the
disclosures required by this chapter, the party shall make an
informal request of opposing counsel for the desired materials and
information. If within 15 days the opposing counsel fails to provide
the materials and information requested, the party may seek a court
order. Upon a showing that a party has not complied with Section
1054.1 or 1054.3 and upon a showing that the moving party complied
with the informal discovery procedure provided in this subdivision, a
court may make any order necessary to enforce the provisions of this
chapter, including, but not limited to, immediate disclosure,
contempt proceedings, delaying or prohibiting the testimony of a
witness or the presentation of real evidence, continuance of the
matter, or any other lawful order. Further, the court may advise the
jury of any failure or refusal to disclose and of any untimely
disclosure.

AND

A driver can also request an extension to appear in court at arraignment from a court clerk which is likely to be granted the first time around. Check with local court rules.

At arraignment the driver may also request a court date be set for an informal hearing to dismiss which must be followed up with a written request to the court for a hearing.

There is also Trial by Declaration. This is a written statement by the driver contesting his traffic ticket. Forms can be downloaded from Help! I Got A Ticket! or obtained from a court clerk.
If the judge rules against the driver , he has 20 days to request a new trial and request a different judge.

Best Regards,
Hey There

 

[Zigner]

"We"?
"You" did NOT specify that. "You" asked me to show you a "post" wherein I offered the OP an address and I did.


Then you should keep your sarcastic comments to yourself. But only to avoid the embarassment that you're feeling now.

"Post counts" mean nothing when you make it obvious that you are not offering any benefit to anyone on here!

Boy you sound like <insert name of double-talking politician here>.