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Resistance See other Resistance Articles Title: How To Beat That Ticket- Discovery In a Traffic Ticket Case (Artisan's note: Thread title was my own) Geo. McCalip's Traffic Ticket Site DISCOVERY Per Penal Code sections 1054 and 1054.1 you do not subpoena evidence for a traffic infraction trial, you use the less formal discovery process by serving the request on the prosecuting attorney. Per Government Code section 26500 the prosecuting attorney is the District Attorney (or in some cases the City Attorney). Start by choosing the appropriate forms from the list below and downloading them. FORM FORMAT NEW Red Light Camera Word 97 RTF Speed Trap -- for any speeding case which involves radar or laser and a prima facie speed limit. Word 97 RTF Radar or Laser -- for any speeding case which involves radar or laser and a maximum, not a prima facie speed limit. Word 97 RTF Speed Pace -- for any speeding case which does not involve radar or laser. Word 97 RTF Basic -- for all other cases. Word 97 RTF You will also need the form for Proof of Service. Word 97 RTF Once you have filled in the appropriate Discovery Request, have someone else (e.g., a friend) fill in the Proof of Service. Make copies of each document then have the person doing the service mail both documents to the prosecuting attorney (DA's addresses here) using certified mail, return receipt requested. Keep the copies for your records. NOTE: While you do not have to use the discovery process, these requests are written in such a way that if the prosecuting attorney fails to comply you have grounds for dismissal. This is the reason you want to have copies of the documents to take to court. FYI: Penal Code 1054. This chapter shall be interpreted to give effect to all of the following purposes: (a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery. (b) To save court time by requiring that discovery be conducted informally between and among the parties before judicial enforcement is requested. (c) To save court time in trial and avoid the necessity for frequent interruptions and postponements. (d) To protect victims and witnesses from danger, harassment, and undue delay of the proceedings. (e) To provide that no discovery shall occur in criminal cases except as provided by this chapter, other express statutory provisions, or as mandated by the Constitution of the United States. 1054.1. The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies: (a) The names and addresses of persons the prosecutor intends to call as witnesses at trial. (b) Statements of all defendants. (c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged. (d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial. (e) Any exculpatory evidence. (f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements or experts made in conjunction with the case, including the results of physical or mental examinations, scientific test, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial. 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. Government Code 26500. The district attorney is the public prosecutor, except as otherwise provided by law. The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses. The next step in our tutorial is Pre-trial Motions. TUTORIAL Pre-trial Motions SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF , PEOPLE OF THE STATE OF CALIFORNIA, vs. Case No. DISCOVERY REQUEST Pursuant to California Penal Code sections 1054 and 1054.1, and California Government Code section 26500, the defendant in the above-entitled matter does hereby request under discovery the following: • A copy of the Project Report for the traffic signal in this case as required by the Manual on Uniform Traffic Control Devices, as modified by the California Supplement, (MUTCD) Section 4B.102. • A copy of the Cooperative Agreement for the traffic signal in this case as required by MUTCD Section 4B.109. • A copy of any contract in which the State agrees to provide traffic signal control system engineering services for the traffic signal in this case per MUTCD Section 4B.110. • A copy of the Studies and Factors for Justifying Traffic Control Signals and all attendant Warrants for the traffic signal in this case as set forth in MUTCD Section 4C.01. • A copy of the Signal Plan Schedules for the traffic signal in this case as required by MUTCD Section 4D.102. • A copy of the most current Review of Traffic Signal Operations including timing records for the traffic signal in this case as required by MUTCD Section 4D.114. • A copy of the Engineering and Traffic Survey as defined in pages 51 through 54 of chapter 2B used to set the speed limit which in turn determines the timing of the yellow light for the traffic signal in this case per MUTCD Table 4D.102 as required by Vehicle Code section 21455.7. • A copy of the contract between the of and the supplier of the automated enforcement system. Please note: PC 1054.1 uses the imperative, “shall disclose.” The only place in the law where we find any choice in this matter is in Government Code 26500, which states in part: The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses. (emphasis added) Obviously the public prosecutor would not violate the law, therefore we will have to interpret a failure to provide the documents requested under discovery as an exercise of the discretion provided for in GC 26500 and a decision not to prosecute this case. This request is made on this the th day of . Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest
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WHY EVEYONE SHOULD FIGHT TRAFFIC TICKETS EVERY TIME I have used this great free site 5 times and won in court every time. One of my cases was heard in superior court by a superior court judge after i legally refused a 'commissioner' permission to hear the case. The superior court judge ruled me guilty, but I appealed, writing my own legal brief without a lawyer and the superior court of appeals ruled for me. The phony conviction was discarded. One advantage to having your case heard in superior court is that there is a COURT TRANSCRIPT, which they do not have in the lower court. In my case, the appeals court USED THAT VERY TRANSCRIPT, and the questions I asked the officer, and his answers and lack of answers, to overturn the ruling. A panel of 3 superior court judges threw out the fraudulent guilty verdict. (I had been charged and initially convicted with violating 22350, basic speed law.) It's easy to do if you devote a little time and it saves money and saves your insurance from going up, not to mention it's fun and good prqactice to stick it to the jackboot scum that perpetuate the traffic ticket for revnue system. 'How did you GET AWAY WITH IT?' People will sometimes ask me. NO, I didn't 'GET AWAY' with anything, I exercised my rights. The cops are 'LAW ENFORCEMENT', so they can be held to the very laws, all the minutia B.S., that the state has on the books. after all, they care so deeply aboyut THE LAW, THE LAW, so why not hold them to it? if they ignore your request for discovery, that is one way to have the case overturned on appeal if you are convicted. because ignoring the discovery violates your due process rights. you have a right to examine the evidence against you. That is one mere step in the process of fighting tickets. Also, there is a philosophical reason for fighting tickets. people in the patriot moivement often talk of resisting tyranny, resisting oppressive govt, refusing the upcoming RFID national ID card, etc. If you can't even 'go to the trouble' of fighting a damn petty traffic ticket how will you fight when things get really serious? Once you win you will never plead guilty again. I may have very well been speeding, matter of fact i probably was,.. but it's incumbent upon the state to PROVE IT! Why would anyone just write them a check without at least demanding their time, and money, and that they prove your guilt???? Note that the above process (which is very simply describing the optional discovery process) is merely one step in fighting your ticket. the site HELPIGOTATICKET is for California, but has links and info for other states also.
MY REPLY TO ZEITGEIST: 1John Chapter 2: "21 I write to you not because you do not know the truth but because you do, and because every lie is alien to the truth. 22 Who is the liar? Whoever denies that Jesus is the Christ. Whoever denies the Father and the Son, this is the antichrist." Good information - thanks.
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