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3 Misdeamnor; Request extention and Trail by Declaration?

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CdwJava

Senior Member
Now reading all this information I'm at a draw about what are my best chances. How do I go about seeking the officer's note in discovery? Can this be done before court or it's only for trial by declaration?
If you search Google for CA traffic court discovery you will find a number of samples. Best bet might be to send the request to the DA and the local police agency that issued the cite. Keep in mind that the police might not be legally obligated to provide Discovery to you, but many will do so anyway. The DA will likely send a letter back saying they don't have anything. But, since the law indicates they are the ones you seek discovery from, they should be in that loop. In some counties they will forward the request to the appropriate agency - if that agency is clear from the Discovery request.
 


Dave1952

Senior Member
Am I right that the two lights in your photo are both stop lights? Am I right that you drove through the first light when it was red?
 

fightthisticket

Junior Member
Am I right that the two lights in your photo are both stop lights? Am I right that you drove through the first light when it was red?
Yes and no, because in front of the left lane spot there is a light. I was under the impression it was okay to drive up to the left lane turn spot it's not marked off.
 

fightthisticket

Junior Member
If you search Google for CA traffic court discovery you will find a number of samples. Best bet might be to send the request to the DA and the local police agency that issued the cite. Keep in mind that the police might not be legally obligated to provide Discovery to you, but many will do so anyway. The DA will likely send a letter back saying they don't have anything. But, since the law indicates they are the ones you seek discovery from, they should be in that loop. In some counties they will forward the request to the appropriate agency - if that agency is clear from the Discovery request.
Thank you! Definitely will consider this.
 

CdwJava

Senior Member
Thank you! Definitely will consider this.
One final note, if you are not provided with discovery, you can request that the court order discovery from the appropriate police agency ... unfortunately, I am not versed in the specific procedure as to how or when to do this. I could guess, but I would not want to mislead you.
 

Dave1952

Senior Member
I'm not sure what this means. " in front of the left lane spot there is a light. I was under the impression it was okay to drive up to the left lane turn spot it's not marked off. " Was the light at the railroad intersection red? Did you drive through that red light? Why would you think that running a red light was ok?
 

fightthisticket

Junior Member
I'm not sure what this means. " in front of the left lane spot there is a light. I was under the impression it was okay to drive up to the left lane turn spot it's not marked off. " Was the light at the railroad intersection red? Did you drive through that red light? Why would you think that running a red light was ok?
If you take a look at the photo are actually 3 lights place and spread out. There is one light in front of the turn lane and another two lights behind the railroad track. Of course I don't think it was okay to run a red light! Why would I knowing run a red light. :confused:

Because the 3 lights are spread out and a turn lane spot in front of the track. I thought it was ok to pull up ahead to the designated left lane since there was NO TRAIN coming.

link to photo
https://www.flickr.com/photos/128168993@N08/15426849450/in/photostream/
 
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fightthisticket

Junior Member
One final note, if you are not provided with discovery, you can request that the court order discovery from the appropriate police agency ... unfortunately, I am not versed in the specific procedure as to how or when to do this. I could guess, but I would not want to mislead you.
Ok noted!

I think at this point it's best I get a extension because the discovery would take sometime doubt they can get it to me less than a few weeks.
 

Dave1952

Senior Member
The new photo is rather different from the previous one. You've marked your car on the wrong side of the road and moved the stop lights around. Don't provide such poor evidence in court.
It seems obvious to me that you ran the stoplight at the RR tracks. You admit this. In doing so you ignored the limit lines. You may be able to sell the judge or magistrate on not seeing the signs in the dark but the cop could see the signs.
Sorry, You're looking pretty weak. Pay the tickets and sin no more.
 

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