Lidar/Radar Discovery Motion To Compel

[AgentSmithers]

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

I filed a motion just edging 15 Days to the CHP in my case, and have not received a response back, Do I need to file a Motion to Compel to get the information or could I/Should I file a motion for Dismissal with Prejudiced/Hearing?

Do they have 10Days to Respond Or 30days? is 30days just for Civil matters?

What is usually needed to file a Motion for Dismissal? (Copy of the Letter, Receipt from USPS, It must be Certified Etc Etc?)

Thanks
-Agent

[Maestro64]

That depends on your strategy.

Do you need the information, do you think it contains important information that will allow you to win your case. The other thought is if they do not provide you the information ahead of time that means they can not use that information in court against you. They may not plan to use it anyway so it may be a mute point. However, you might use it against them in your questioning, so it could work in your favor by not having them provide that information.

It all comes down to your strategy to win and whether the information is important to either side.

[I_Got_Banned]

Originally Posted by AgentSmithers

I filed a motion just edging 15 Days to the CHP in my case, and have not received a response back

Discovery in an infraction matter should be served via an "Informal Discovery Request" to the prosecuting attorney (which does not exist in a CA traffic case) however that still should have been your first step until they either forward your request to the CHP or refer you to serve the agency accordingly.

Originally Posted by AgentSmithers

Do I need to file a Motion to Compel to get the information or could I/Should I file a motion for Dismissal with Prejudiced/Hearing?

I would recommend the former (motion to compel) and although you can try to get a dismissal and assuming the Judge is familiar with PC1054, your motion to dismiss will be denied.

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.
(c) The court may prohibit the testimony of a witness pursuant to subdivision (b) only if all other sanctions have been exhausted. The court shall not dismiss a charge pursuant to subdivision (b) unless required to do so by the Constitution of the United States.

that to me says that a "dismissal" is an option however, it is the last option. So a motion to compel will get you what you want.

[AgentSmithers]

Ah, That helps, well I'm not 100% sure if the information will Aid in my case unless of course he forgot to get the gun to standards, but ether way Dismissal will solve the issue. If they don't respond to Compel what is to become of everything? Should the next logical move be dismissal?

[I_Got_Banned]

Yet another thread... You still can't figure out how to work the "Search" feature?

Originally Posted by AgentSmithers

but ether way Dismissal will solve the issue.

Yeah, dismissal would solve your issue and the majority of all traffic matters in traffic court!

Originally Posted by AgentSmithers

If they don't respond to Compel what is to become of everything? Should the next logical move be dismissal?

If you would have read the part I underlined in my last post, you would have had your answer.

[Jim_bo]

Originally Posted by I_Got_Banned

Discovery in an infraction matter should be served via an "Informal Discovery Request" to the prosecuting attorney (which does not exist in a CA traffic case) however that still should have been your first step until they either forward your request to the CHP or refer you to serve the agency accordingly.

That's not exactly right. There IS a prosecuting attorney in infraction cases... however, they simply don't have to show up in court.

[I_Got_Banned]

Rephrasing...

Originally Posted by I_Got_Banned

Discovery in an infraction matter should be served via an "Informal Discovery Request" to the prosecuting attorney (which does not exist in a CA traffic case) however that still should have been your first step until they either forward your request to the CHP or refer you to serve the agency accordingly.

Discovery in an infraction matter should be served via an "Informal Discovery Request" to the prosecuting attorney (who is nowhere to be found in a CA traffic courtroom) however that still should have been your first step until they either forward your request to the CHP or refer you to serve the agency accordingly.

[Jim_bo]

IGB is right. Legally, you should serve your discovery request on the prosecuting attorney. However, the PA likely won't even take the time to forward it to the CHP. Prosecuting attorneys simply ignore traffic infractions and their responsibilities to prosecute them. It is a simple dereliction of duty. The only problem is, the courts enable them. So, the likely chain of events follow:

1. Discovery request sent to PA
2. PA ignores it.
3. Motion to compel sent to court.
4. Court ignores it.
5. Defendant goes to trial and makes motion to exclude evidence not supplied in discovery.
6. Judge overrules.
7. Defendant is convicted.

This doesn't mean you shouldn't do it... you should. It gives you grounds for appeal. Our state needs an appellate court decision declaring the obligation of the PAs in the prosecution of infraction cases. Anyone can do it, they just have to be willing to put forth some effort. I'm sure that there are a lot of people willing to help (including me) if you decide that person is you.

[I_Got_Banned]

Originally Posted by Jim_bo

I'm sure that there are a lot of people willing to help (including me) if you decide that person is you.

Jim, please! Let's NOT give this OP any ideas about something him and "his attorney" cannot handle.

He's got a minimum of 10 threads that he recently started and yet, I still can't figure out what he was cited for!

Could you imagine having to advise him on how to go through the appeals process???

[Jim_bo]

Originally Posted by I_Got_Banned

Jim, please! Let's NOT give this OP any ideas about something him and "his attorney" cannot handle.

He's got a minimum of 10 threads that he recently started and yet, I still can't figure out what he was cited for!

Could you imagine having to advise him on how to go through the appeals process???

OK... on this issue, I'll yield to your judgment.

[I_Got_Banned]

Originally Posted by Jim_bo

OK... on this issue, I'll yield to your judgment.

HUH!!! Are you alright Jim?

Just kidding... I highly appreciate you open mindedness! Thank you...

[AgentSmithers]

Originally Posted by Jim_bo

IGB is right. Legally, you should serve your discovery request on the prosecuting attorney. However, the PA likely won't even take the time to forward it to the CHP. Prosecuting attorneys simply ignore traffic infractions and their responsibilities to prosecute them. It is a simple dereliction of duty. The only problem is, the courts enable them. So, the likely chain of events follow:

1. Discovery request sent to PA
2. PA ignores it.
3. Motion to compel sent to court.
4. Court ignores it.
5. Defendant goes to trial and makes motion to exclude evidence not supplied in discovery.
6. Judge overrules.
7. Defendant is convicted.

This doesn't mean you shouldn't do it... you should. It gives you grounds for appeal. Our state needs an appellate court decision declaring the obligation of the PAs in the prosecution of infraction cases. Anyone can do it, they just have to be willing to put forth some effort. I'm sure that there are a lot of people willing to help (including me) if you decide that person is you.

Thanks Alot Jimbo! I sent it right to the CHP and I got my reply back 100% with all his information. Next time I will take that route due to it being a better one!

Thanks Jim!

And For the Infraction I have my Attorney says their wont be a Prosecutor present.

Jim, please! Let's NOT give this OP any ideas about something him and "his attorney" cannot handle.

He's got a minimum of 10 threads that he recently started and yet, I still can't figure out what he was cited for!

Could you imagine having to advise him on how to go through the appeals process???

Are you saying he shouldn't help me too 100% of his ability due to you not knowing what I'm cited for?

[Zigner]

Why does it matter? You don't plan on paying your bail ahead of time, so you've got bigger problems!

[I_Got_Banned]

Originally Posted by Zigner

Why does it matter? You don't plan on paying your bail ahead of time, so you've got bigger problems!

His "attorney" is going to handle those bigger problems for him...

EDIT: OOPS, never mind... I see another thread about that... His attorney must have bailed on him.