Going 80 MPH at 65MPH highway - CA

[JIMinCA]

Thanks Jim.

Should I use the discovery form for radar/laser or pacing?
Thanks

You should use the discovery for both. Just combine the applicable sections from each and ensure all your bases are covered.

 

[You Are Guilty]

After 15 days with no discovery, you can make a motion to the court to order the DA to produce the discovery.

What CA code section requires compliance with document discovery demand within 15 days?

 

[Zigner]

The "everybody does it" argument is not a valid defense.

And, just to be clear (for the OP) - not EVERYBODY does it.

 

[coffeebean]

Ron, these types of response don't add anything to this forum. If you don't intend to help, then please there is no need to reply.

This is my first speeding ticket in 6 years that I have been living in the US. I just can't afford the insurance increase.

I am trying to get help with my defense, not asking if you think it's fair or not.

I am glad some others here like to help with relevant responses.

 

[fairisfair]

Ron, these types of response don't add anything to this forum. If you don't intend to help, then please there is no need to reply.

This is my first speeding ticket in 6 years that I have been living in the US. I just can't afford the insurance increase.

I am trying to get help with my defense, not asking if you think it's fair or not.

I am glad some others here like to help with relevant responses.

You don't get to choose who does or does not answer your posts.

Ron is correct in pointing out that there is no "just because everybody does it defense" many people incorrectly believe that they have some given right to cruise along with the "flow of traffic" and that that flow somehow negates the posted speed limits.

 

[CdwJava]

Wouldn't it be better to hope that nothing comes back from extension and just go to court as soon as I can, so I can claim that my request for discovery was ignored?

If the DA has nothing to produce, you may not get anything. In many counties the DA's office has no connection to traffic offenses and could not even tell you what agency issued a citation so they could not possibly re-direct the request to the issuing agency. At that point, the court might direct the involved agency to produce the discovery. In general, the court is NOT going to dismiss prior to directing the agency to produce the requested items.

- Carl

 

[JIMinCA]

What CA code section requires compliance with document discovery demand within 15 days?

From the Penal Code:

1054.5. (b) Before a party may seek court enforcement of any of the disclosures required by this chapter, the party shall make an informal request of opposing counsel for the desired materials and information. If within 15 days the opposing counsel fails to provide the materials and information requested, the party may seek a court order. Upon a showing that a party has not complied with Section 1054.1 or 1054.3 and upon a showing that the moving party complied with the informal discovery procedure provided in this subdivision, a court may make any order necessary to enforce the provisions of this chapter, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of a witness or the presentation of real evidence, continuance of the matter, or any other lawful order. Further, the court may advise the jury of any failure or refusal to disclose and of any untimely disclosure.

 

[JIMinCA]

If the DA has nothing to produce, you may not get anything. In many counties the DA's office has no connection to traffic offenses and could not even tell you what agency issued a citation so they could not possibly re-direct the request to the issuing agency. At that point, the court might direct the involved agency to produce the discovery.

Sorry Carl, with all due respect and deference to your background, but I disagree with you. We have had this disagreement before. The issuing agency does NOT prosecute traffic cases. The ticketing cop appears as a witness for the State, nothing more, nothing less. It would be very inappropriate to send a discovery request to a witness. The Penal Code makes responsible the prosecuting attorney for providing discovery. There is no requirement for the issuing agency to do so. The issuing agency could simply ignore the discovery request and by the time the OP files a proper request, they could be within the 30 days period before trial. This could seriously compromise his defense.

In general, the court is NOT going to dismiss prior to directing the agency to produce the requested items.

- Carl

I disagree with this as well. I have personally been involved with several cases where the Court in fact DID dismiss a traffic case because the DA ignored a discovery request.

 

[justalayman]

In this world we have 2 ways of things being done;

1. the book way

2. the way it really happens.

while what'sisname in CA wants to espouse book rules all day long, Carl (CDWJava) actually works for a living and happens to be an officer in California (I think he is older than Moses so he has been around to see a lot of things).

Due to Carls real world experience, I would strongly suggest entertaining the possibility that his ideas have a great deal of merit.

While there is nothing wrong with reading a book and passing along the info contained within, sometimes what the book says will happen just isn;t what really happens when things get in to motion.

Now, I will never suggest anybody totally ignore any source of info but experience is credited with being one of the best teachers in this world. Carl is experience.

 

[JIMinCA]

In this world we have 2 ways of things being done;

1. the book way

2. the way it really happens.

while what'sisname in CA wants to espouse book rules all day long, Carl (CDWJava) actually works for a living and happens to be an officer in California (I think he is older than Moses so he has been around to see a lot of things).

Due to Carls real world experience, I would strongly suggest entertaining the possibility that his ideas have a great deal of merit.

While there is nothing wrong with reading a book and passing along the info contained within, sometimes what the book says will happen just isn;t what really happens when things get in to motion.

Now, I will never suggest anybody totally ignore any source of info but experience is credited with being one of the best teachers in this world. Carl is experience.

The "book" you are refering to is the Penal Code. That's the law. It trumps "the way it really happens".

 

[CdwJava]

Coffeebean,

Feel free to report this as a harrassing post. This is strictly prohibited under the terms of this site.

I do not see that his post was in violation.

He correctly informed the poster that he does not have a say on who responds. And, he correctly informed the poster that there is no defense because others might be committing the same offense.

- carl

 

[JIMinCA]

I do not see that his post was in violation.

He correctly informed the poster that he does not have a say on who responds. And, he correctly informed the poster that there is no defense because others might be committing the same offense.

- carl

We have disagreed before. I'm sure we'll disagree again.

 

[justalayman]

The "book" you are refering to is the Penal Code. That's the law. It trumps "the way it really happens".

ya, good luck with that idea.

You must be extremely young or extremely naive.

I suppose you can make it work that way if you happen to have a couple hundred thousand dollars laying around to attempt to take something all the way to the SCOTUS but in real life, real life happens.

 

[justalayman]

I'll be sure to direct this post to the moderator as well. I was concerned that your posts could have been interpreted as being reasonable by someone willing to stretch to offer the benefit of the doubt. However, I think these posts remove all doubt. You are making this too easy.

Got to tell ya Jimbo, I see this post of yours as harrasing and threatenng and disparaging.

shame shame shame

 

[JIMinCA]

ya, good luck with that idea.

You must be extremely young or extremely naive.

I suppose you can make it work that way if you happen to have a couple hundred thousand dollars laying around to attempt to take something all the way to the SCOTUS but in real life, real life happens.

I am niether young, naive, nor rich. And, I have made that defense work several times.