QuestionHello, and thanks for being here. I have gotten good advice regarding my citation from this site, but now it's "crunch time," and time to get nervous.
I was cited on August 2 for going 70 mph in a 55 zone. I was the third in a line of three cars when the officer passed us going the other direction. He turned around and pulled me over, saying I was gaining on the other two cars. Ridiculous. I asked the officer how fast the two cars in front of me were going, and he replied, "I don't know."
On August 14, I submitted an informal request for discovery to the district attorney's office requesting the officer's notes, radar calibration records, highway engineering reports, etc, etc. I received nothing.
On October 13, I requested a trial by written declaration. In my declaration, I requested that the citation be dismissed because I had not received discovery, and because there was reasonable doubt as to which car the officer clocked on his radar. At the end of November, I received the judge's decision, stating that I was guilty. No details regarding the decision were given.
On December 11, I requested a Trial de Novo, which has been granted for the morning of January 25 -- next Monday. I think it will be with the same judge that previously found me guilty.
Can I still ask the judge to compel the D.A. to comply with the request for discovery? Can the officer refer to notes in the trial, if I requested them but didn't receive them? What is my best strategy here? As a side note, I do, of course, have all of the signed certified mail receipts for everything that I've sent to the D.A.'s office.
Thanks so much, in advance!!!
Jim
AnswerHello Jim and welcome back.
It appears you have certainly done your homework and have attempted to garner as much information as possible for a favorable ruling by the judge/commissioner.
I am pretty sure you are aware of the following info below:
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Section 40902(d) CVC states If a defendant is dissatisfied with a decision of the court in a proceeding pursuant to this section, the defendant shall be granted a trial de novo."
If the judge finds you guilty after reading your declaration, you are automatically entitled to a new trial. This is only true for traffic based infractions.
The "Trial de Novo" will be an in-person trial in which the judge hears evidence and testimony from you and the citing officer.
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Q) Can I still ask the judge to compel the D.A. to comply with the request for discovery?
A1) If the request has standing / material value.
A2) If there is a belief that evidence exists to establish doubt in the previous finding.
A3) The Judge has the final decision.
Q) Can the officer refer to notes in the trial, if I requested them but didn't receive them?
A1) Yes he can.
A2) You are entitled to discovery of those notes in trial however.
Q) What is my best strategy here?
A1) One of the purposes for this request is to ask the judge/commissioner to re-evaluate the case.
A2) Another purpose is to get in additional information that is favorable to your case.
A3) Lastly, you will want to point out mitigating circumstances that cast doubt on the evidence.
A4) And yes, bring everything (notes/facts/etc) with you.
While some have had favorable experiences with a Trial de Novo, the majority of the attempts to my knowledge have been less than desirable, especially before the same judge, which is usually the case. You may want to speak to an attorney who has more experience in this area than I.
I wish you the best Jim!
Terry
