No radar used but claimed; file discovery or subpoena; request notes/log/recording?

[wrongsometimes]

Dear Dave, and all,

My question is whether there are any experiences with fighting in the situation where the officer claimed he "clocked me," while at the ticket he checked the used of radar, but I and my witnesses think he never used any radar. (Please, see the details above.) I understand the fact that their radar detector never went off is not going to decide the case, but can we use this in any way at all?

My second question was whether to file a discovery or a subpoena. But I have already filled the discovery. Can I still do subpoena as well when they do not respond to the former?

Thank you very much.

No, your detector is not worthy of talking about -- in fact, if you get to this point in a speeding trial where YOU have to present a case, you lost. Post your discovery request ... you can file more than 1 so if folks see stuff to add, they'll chime in

 

[antoniedvorak]

Thank you very much for your response.

Could you, please, elaborate on what you meant by suggesting that should I have to present my case at the trial, I have already lost? Do you mean I should not be bringing up anything in my defense but rather questioning the officer's statements? Or in what sense should I not be presenting my case (my first language is not even English, so I may be just confused here)?

My discovery is posted at: http://dl.dropbox.com/u/505564/DiscoveryPosting.doc , and I would indeed appreciate any feedback, although I am afraid I have already included everything imaginable .

Where I am saying the statement of my other witness will be submitted later, I did that because I had to send in the discovery as soon as possible, but he was still working on his statement. I was planning to bring one witness in person and also bring a statement written by the other witness. But now I learned that all witnesses are supposed to appear in person so that they can be questioned. Still, I suppose I could submit the statement, and if it will not be admitted into evidence, oh well...? The statement is in fact mainly about the radar detector (which was in my friend's car, which I was following to his house).

The recording, then, I was originally going to use to show my ticket was issued not in California, but already across the border--in Nevada. But in the meantime I was told it did not really matter where the ticket was issued... But perhaps I can still use the recording should it come to discussing that even if I were going too fast while passing the slow car (which I was not), it was safe given the character of the road...?

 

[I_Got_Banned]

My discovery is posted at: http://dl.dropbox.com/u/505564/DiscoveryPosting.doc , and I would indeed appreciate any feedback, although I am afraid I have already included everything imaginable .

In reference to item #7 regarding the engineering and traffic survey, for one, it probably does not exist but even if it does, you were cited for driving in excess of the maximum speed limit (55mph) on a 2 lane undivided hwy... And surveys are only required for speeding citations in violation of prima facie speed limits... So the survey won't help you one bit here.

As for the rest of your request, my guess that the items you will receive are:

1. The officer's name,
2. A copy of the front/back of the citation (including his notes, if any),
3. A copy of his P.O.S.T. certification,
4. A Radar calibration certificate...

The rest either does not exist for a speeding citation (its not a murder trial), or will be deemed as irrelevant by the court with regards to your particular citation.

Also, it looks to me like you served the request to the DA'a main address when in fact, it is also best to serve it on the office location at the courthouse where your case is scheduled for trial...

Far be it for me to discourage you from fighting it, but even if they were to provide you with everything you've requested, the odds are still stacked against you... Your only glimmer of hope stems from the slight possibility that the officer won't appear at trial!

Best of luck though!

 

[antoniedvorak]

Happy End + Thanks

Yesterday, I received a letter from the court, of which the most important portion is attached (see section 4 and the checked "other"): http://dl.dropbox.com/u/505564/Justice.jpg
I would like to use this opportunity to thank you very much for all your comments and advice.
I also wish that things would improve also for all the other short ladies in little red cars, who have foreign accents, and who are heading to their out-of-state places, thus they cannot come back to fight.

PS: In case my link above will not work, the court notification says: "Due to lack of sufficient evidence, at the request of the California Highway Patrol, matter is dismissed in the interest of justice. Court trial scheduled for ... is removed form calendar."
I hope this is indeed the end of this unfortunate story.