Help - How can I find out where the police car was located before he pulled me over?

[SmellyGas]

What is the name of your state? California

I know I should have asked the officer at the time, but I was pulled over for speeding after making a right turn in a residential area - I think I can prove that he was unable to accurately determine my speed (distance was so short), but I need to know where he was located when he first saw my vehicle, etc. I will submit an informal request for discovery to obtain his notes, but is there a way that I can compel the officer to tell me where he was located, prior to going to court or filing a trial by written declaration? Would it be permissible or advisable to send him an Interrogatory? Any help would be appreciated! Thanks!

SG

[CdwJava]

Originally Posted by SmellyGas

What is the name of your state? California

I know I should have asked the officer at the time, but I was pulled over for speeding after making a right turn in a residential area - I think I can prove that he was unable to accurately determine my speed (distance was so short), but I need to know where he was located when he first saw my vehicle, etc. I will submit an informal request for discovery to obtain his notes, but is there a way that I can compel the officer to tell me where he was located, prior to going to court or filing a trial by written declaration? Would it be permissible or advisable to send him an Interrogatory? Any help would be appreciated! Thanks!

SG

If it is not in his notes or in a report, then you will have to ask him in court.

- Carl

[SmellyGas]

Originally Posted by CdwJava

If it is not in his notes or in a report, then you will have to ask him in court.

- Carl

Is there a way that I can compel him to answer a series of written questions via an Interrogatory? I'd like to know these things before I file a trial by declaration or go to court. Thanks!!

SG

[CdwJava]

Originally Posted by SmellyGas

Is there a way that I can compel him to answer a series of written questions via an Interrogatory? I'd like to know these things before I file a trial by declaration or go to court. Thanks!!

SG

I don't believe so, no. You would likely have to make a motion before the court to compel additional responses to discovery to include any interrogatory.

Under the court rules I have only found interrogatories used for civil or family court proceedings, not for criminal ones. And in 15 years of CA law enforcement I have never heard of such a thing. It may be possible, but being that it IS so rare, you may not get the response you want and you might have to go before a court and ask for the information to be provided through a motion for additional discovery.

Perhaps one of our erstwhile CA attorney types will pop in to tell you if there is an easier way to do it or not.

- Carl

[SmellyGas]

Originally Posted by CdwJava

I don't believe so, no. You would likely have to make a motion before the court to compel additional responses to discovery to include any interrogatory.

Under the court rules I have only found interrogatories used for civil or family court proceedings, not for criminal ones. And in 15 years of CA law enforcement I have never heard of such a thing. It may be possible, but being that it IS so rare, you may not get the response you want and you might have to go before a court and ask for the information to be provided through a motion for additional discovery.

Perhaps one of our erstwhile CA attorney types will pop in to tell you if there is an easier way to do it or not.

- Carl

Thanks for the info, Carl!

SmellyGas