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Ozark_Sophist

Senior Member
". If you have ever driven on 395 (or most any other major highway in CA), you'll agree that if you simply drive the speed limit, you will become a hazard as you will be impeding the flow of traffic ( which is a violation of the VC, by the way). Jumbo
You asked, I delivered. Ta da! :D
 


fairisfair

Senior Member
just curious, I didn't even think CA courts responded to motions for discovery, except in Criminal proceedings???
 

Jim_bo

Member
Answer the question. According the California Court Procedures for TRAFFIC COURT, on whom do you serve the motion for discovery?????

we're still waiting.
Prosecutions are the purview of the District Attorney's office. Discovery requests are appropriatly served upon the same office as per the laws I previously cited. I have made several discovery requests upon DA's offices with several responses. The ones who refuse to respond simply provide me with grounds for dismissal.

Now, I double-dog-dare you to show me something that disputes this.
 

BelizeBreeze

Senior Member
just curious, I didn't even think CA courts responded to motions for discovery, except in Criminal proceedings???
EVERY court in EVERY state responds (and must respond) to motions for discovery. It's a matter of civil / criminal procedure. And someone who pretends to know the law would know to whom such a motion should be served upon. ;)
 

Jim_bo

Member
just curious, I didn't even think CA courts responded to motions for discovery, except in Criminal proceedings???
The court does not respond to discovery requests, the DA does. I have a stack of discovery requests that were responded to which verifies this.
 

BelizeBreeze

Senior Member
Prosecutions are the purview of the District Attorney's office. Discovery requests are appropriatly served upon the same office as per the laws I previously cited. I have made several discovery requests upon DA's offices with several responses. The ones who refuse to respond simply provide me with grounds for dismissal.

Now, I double-dog-dare you to show me something that disputes this.
and of course, as I suspected, you have no idea what you're talking about. Maybe if you did and the request had been denied you would have grounds for sanctions, but your ignorance of legal procedure is doing nothing but giving the court, and this forum, a good belly laugh.
 

Jim_bo

Member
EVERY court in EVERY state responds (and must respond) to motions for discovery. It's a matter of civil / criminal procedure. And someone who pretends to know the law would know to whom such a motion should be served upon. ;)
Well... I'm dying to know!!! Please, allow me to defer to your superior intellect!! Please educate me on who it is proper to serve discovery upon....
 

Jim_bo

Member
and of course, as I suspected, you have no idea what you're talking about. Maybe if you did and the request had been denied you would have grounds for sanctions, but your ignorance of legal procedure is doing nothing but giving the court, and this forum, a good belly laugh.
Then how do you explain the ticket that was just dismissed less than a month ago because the DA failed to provide discovery? Was that because the judge was as stupid and ill-infomed as I am??? Was that court belly laughing as it was dismissing the case???
 

BelizeBreeze

Senior Member
Well... I'm dying to know!!! Please, allow me to defer to your superior intellect!! Please educate me on who it is proper to serve discovery upon....
If you want to find the answer then look it up. For those of you with half a brain, I suggest you call your local court and ascertain the answer for yourself.

Traffic Court is a little different than criminal court.
 
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fairisfair

Senior Member
The court does not respond to discovery requests, the DA does. I have a stack of discovery requests that were responded to which verifies this.

hmmmmmm:confused:

"Discovery Request You need to properly and timely file a Request for Discovery. There is an ongoing legal battle about discovery for a traffic infraction. Most courts will not respond to the request unless it involves a criminal violation. "

http://www.speedingticketcentral.com/California-speeding-ticket.html
 

Jim_bo

Member
you're kidding right? I don't waste my time on idiots. If you want to find the answer then look it up. For those of you with half a brain, I suggest you call your local court and ascertain the answer for yourself.

Traffic Court is a little different than criminal court. But hillybilly doesn't quite get that yet.
Oh.... I see. You make a worthy adversary. I see your diligence in adhering to the "I know, but I'm not gonna tell" strategy. Even in the face of cited Penal Code and Government Code, this four year old strategy is quite strong. Very clever. I can see that I am clearly outmatched.
 

Ozark_Sophist

Senior Member
You still haven't defended your rationale that driving the speed limit is against the law (which exemplifies a "bad reply").
 

Jim_bo

Member
hmmmmmm:confused:

"Discovery Request You need to properly and timely file a Request for Discovery. There is an ongoing legal battle about discovery for a traffic infraction. Most courts will not respond to the request unless it involves a criminal violation. "

http://www.speedingticketcentral.com/California-speeding-ticket.html
Fair,

I would respectfully submit that what you cited was a quote from a website that tries to sell you ticket defenses. It is not an authoritative source as is the Penal Code and Government Code. Furthermore, I have evidence that failure of a DA to provide discovery IS in fact legitimate grounds for dismissal.
 

BelizeBreeze

Senior Member
Oh.... I see. You make a worthy adversary. I see your diligence in adhering to the "I know, but I'm not gonna tell" strategy. Even in the face of cited Penal Code and Government Code, this four year old strategy is quite strong. Very clever. I can see that I am clearly outmatched.
well that's about the same as changing my question about TRAFFIC COURT to a penal code violation.

The question still stands. And you have yet to answer correctly. On whom does the California Traffic Code Rules of procedure stipulate shall receive motions for discovery?

I can wait all day?
 
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