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48 hours until court date - In Court questions

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

Okay, almost there now.

I have my courtdate on Thursday at 1:30pm, so about 48 hours to go. I have a few basic questions about procedure, questioning, etc.

1. Objections - Are all objections from normal court/mock trial in high school/tv courtroom dramas applicable? Is there a list somewhere of the basic ones?

2. I intend on using questions very similar to those on helpigotaticket.com. I'm trying to anticipate all possible officer responses. For questions like:

"Did it ever appear like my car was about to leave the road?"

"Were there any pedestrians around at the time?"

"Did my speed endanger any other cars?"

etc

What do I answer if the cop says "yes" (for all the answers it should be 'no', honestly hehe)?

Do I ask him if he has any evidence to show his claim is correct? The helpigotaticket.com question list says that the guy who runs that site never actually had someone testify that his car was about to leave the road, but I want to know what to do if the officer actually does say something out of line like that.


Any more last minute pointers? :)
 


seniorjudge

Senior Member
2. I intend on using questions very similar to those on helpigotaticket.com. I'm trying to anticipate all possible officer responses. For questions like:

"Did it ever appear like my car was about to leave the road?"

"Were there any pedestrians around at the time?"

"Did my speed endanger any other cars?"


A: If you were charged with plain old speeding, these questions are irrelevant.
 
2. I intend on using questions very similar to those on helpigotaticket.com. I'm trying to anticipate all possible officer responses. For questions like:

"Did it ever appear like my car was about to leave the road?"

"Were there any pedestrians around at the time?"

"Did my speed endanger any other cars?"


A: If you were charged with plain old speeding, these questions are irrelevant.
I was charged with violating california's basic speed law, which says i was either a) driving too fast for conditions or b) my speed was directly threatening other people or property (paraphrasing). If I prove a) conditions were excellent (they were) and that b) no one was threatened by my speed (the process of which includes the questions above), then I can show I did not violate California VC 22350.

Anyway, anyone with experience have an answer for me? Thanks
 

CdwJava

Senior Member
You will have to first show that the speed limit was not properly set. If the officer fails to properly set that foundation, then they will only have the reckless aspect to fall back on and then those questions might become relevant if the matter is not dismissed.

- carl
 

I_Got_Banned

Senior Member
Its good to see that you are preparing for that far into the trial... Did you ever get a response to your Discovery for the City Attorney or the CHP?

Remember, that's the first point you should argue... Before the Judge asks the officer to testify...

Didn't you file some sort of pre-trial motion... ??Motion to compel??

^^^^ That's one reason why you should stick to the same thread that you started.
 
Its good to see that you are preparing for that far into the trial... Did you ever get a response to your Discovery for the City Attorney or the CHP?

Remember, that's the first point you should argue... Before the Judge asks the officer to testify...

Didn't you file some sort of pre-trial motion... ??Motion to compel??

^^^^ That's one reason why you should stick to the same thread that you started.
Actually, was just going to post about that. I did, indeed, get a response yseterday from the CHP office (submitted the request last Thursday... less than a week turnaround... kind of impressed... perhaps I shouldn't have put 'urgent' on the front of the envelope haha).

The CHP sent me the officer's copy of the ticket, the radar units maintenaince data, a copy of the traffic survey, and the officer's certificate of completion for a radar course.

So I guess that throws out my argument to dismiss. But I can go all-out on my speed trap defense, so not all is lost.

One question: While they did give me most of what I asked for, their package is missing a few items. Notably one side of the officer's copy of the ticket, witnesses for the prosecution,
 
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going in a few hours, anyone know what I should say if the cop responds like with a 'yes you were endangering...' to those questions? I'm just gonna ask if he has evidence to corroborate his claim if he does... thats the plan now anyway...
 

racer72

Senior Member
going in a few hours, anyone know what I should say if the cop responds like with a 'yes you were endangering...' to those questions? I'm just gonna ask if he has evidence to corroborate his claim if he does... thats the plan now anyway...
Endangering yourself is valid reason.
 

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