Ticket on video?

[kococali]

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

I received a traffic violation and I have a court date to contest the ticket. At the time that I was pulled over the officer told me that I was on video tape. I called the police station to request that the officer bring a copy of the tape and I was told that I needed an lawyer. Do I have a right to ask the officer to bring a copy of the video tape to the trial? If so, do I have to subpoena the officer/ police department for a copy of the tape?

Any advice is helpful....Thanks!

 

[Zigner]

Yes, you can legally ask for it. That does not mean you can just call them and ask for it. Google "discovery", then come back with questions.

 

[kococali]

Discovery process

In reading through the discovery process it is very complicated! Is this really worth my time and effort if the judge/ police can dismiss my request? What if there was no video!

 

[Zigner]

Is this really worth my time and effort if the judge/ police can dismiss my request?

That's a personal decision.

What if there was no video!

Then you won't get a video.

 

[Maestro64]

No you do not need a lawyer to make a discovery request, CA makes it fairly easy. There are a number of form letters out there for doing a discovery request in CA with the police department. You list what you want and send it certified, signature required to the police department and they are required to respond back to you within a period of time. If they do not this could be grounds for dismissal, but you will have to show the judge why not getting this information will not allow you to defend yourself. Also, police are only required to bring what they plan to use as evidence against you. If the officer does not plan to use the tape it will not be brought.

Personally, I do not believe he taped you, they say that some time to so people do not argue with them or contest the ticket. Very few patrol cars are running full time video, the ones that have video only start recording once the lights turn on or if the officer activate it himself. So do not be surprised if they claim they do not have it. If they do, make sure you tell them you want the video for the few minutes before and after the stop, they sometime only send what they think is relevant.

 

[I_Got_Banned]

While i highly doubt that there is a video showing that you committed the violation, a discovery request can produce a few important items for you depending on what you were cited with.

You should search THIS forum for "informal discovery request" and read Penal Code section 1054.

Keep in mind that if you only request discovery from the police, the judge is not bound by the requirements of PC1054... You MUST serve your request upon the District Attorney for the county where you were cited OR the City Attorney for the city where you were cited.

Contact the court clerk for information on where to serve your request.

What were you cited for anyway?

 

[kococali]

Zigner: thanks for stating the obvious!

I got banned: I was sited for making a U-turn in a business district. While I don't deny that I made the u-turn, it's about why I made the u-turn.

The officer was trying to turn right out of a small street and I was driving in traffic (very slow) in the opposite direction. The officer used his search light and flashed it at me. I made an assumption that he was signaling me, so I made a u-turn and pulled over. When he asked me, "do you know why I pulled you over?" I relpied, "no." He said, "you made an illegal u-turn." I said, "you flashed your search light at me!" To which he stated, "it's not illegal for me to flash light."

A bunch of other B.S. happened so I took out paper and started to right down what was happening. Later I commented that I was being unfairly treated, he said, "that if I didn't like it I could take it to court because I was on video."