...actually "stopped". Read more..? Hello everybody,
I got a speeding ticket in early November travelling on I-5 North from Los Angeles to San Francisco.
Got pulled over for allegedly driving 88 on 70 speed limit.
There was a vehicle that passed me just before I saw the red lights behind me so I believe they got the wrong car. I stopped when I saw the lights thinking that they were following the other guy when to my greatest surprise they stopped behind me.
Anyway, I requested discovery paperwork and here's my problems with it:
Legally, CHP has 20 days to mail the requested discovery paperwork from the date requested, and it also has to be 30 days prior to trial date as well. I sent my request on Nov 29, and finally got the incomplete response today (Dec 27). Here's the thing though - on the actual letter the date is Dec 16, but the envelope was postmarked Dec 21. So technically, the letter didn't leave until the 21 of Dec meaning that more than 20 days passed after the request. So they put an earlier date on the letter to make it appear to be mailed within the deadline. Is that legal? Can I bring it up in court?
Another thing is that on the back of the officer's copy of the ticket that i received in the discovery, it says that the CHP vehicle was "rolling south" when my vehicle was also "rolling" but "north". In reality, the CHP car was stopped in the middle of nowhere with their lights off between the roads (there was about 20-30 feet of land with with grass and bushes dividing the I-5 north and south highways). They were NOT travelling south like it says on the ticket. So that's a lie. It was 3am, and I feel like they just felt lazy to follow the guy who passed me (he was long gone when they finally rolled on the I-5 North from their speed trap, and since I stopped (because you're supposed to when there is a vehicle with emergency lights on is following someone). they gave the lucky ticket to me! I've never been cited in 5 years of my driving history, and I was NOT speeding. Moreover, I had my speed locked at 70 on the cruise control... the whole time. There's no way I was going 88 as the officer states.
How to prove in court (I had scheduled a trial that will take place in January) that the officer is lying? She never showed me the radar, and is not bringing her witness (she had another officer with her in the CHP vehicle at the time of the stop).
I am mailing a notice of motion for preclusion of testimony (for exclusion of evidence) because it didn't meet the 20 day deadline (wasn't mailed within 20 days of request) and the 30 days deadline (the discovery paperwork has to be mailed 30 days prior to trial date).
I doubt they will dismiss the case because the county is notorious for tickets and speed traps.
So please, help me structure my defense in a way that will make the officer make a mistake in her lies and be disqualified as a witness.
Thank you very much in advance.
Please, refrain from telling me to get a lawyer. I only need answers to my questions above.
thanks again.
I got a speeding ticket in early November travelling on I-5 North from Los Angeles to San Francisco.
Got pulled over for allegedly driving 88 on 70 speed limit.
There was a vehicle that passed me just before I saw the red lights behind me so I believe they got the wrong car. I stopped when I saw the lights thinking that they were following the other guy when to my greatest surprise they stopped behind me.
Anyway, I requested discovery paperwork and here's my problems with it:
Legally, CHP has 20 days to mail the requested discovery paperwork from the date requested, and it also has to be 30 days prior to trial date as well. I sent my request on Nov 29, and finally got the incomplete response today (Dec 27). Here's the thing though - on the actual letter the date is Dec 16, but the envelope was postmarked Dec 21. So technically, the letter didn't leave until the 21 of Dec meaning that more than 20 days passed after the request. So they put an earlier date on the letter to make it appear to be mailed within the deadline. Is that legal? Can I bring it up in court?
Another thing is that on the back of the officer's copy of the ticket that i received in the discovery, it says that the CHP vehicle was "rolling south" when my vehicle was also "rolling" but "north". In reality, the CHP car was stopped in the middle of nowhere with their lights off between the roads (there was about 20-30 feet of land with with grass and bushes dividing the I-5 north and south highways). They were NOT travelling south like it says on the ticket. So that's a lie. It was 3am, and I feel like they just felt lazy to follow the guy who passed me (he was long gone when they finally rolled on the I-5 North from their speed trap, and since I stopped (because you're supposed to when there is a vehicle with emergency lights on is following someone). they gave the lucky ticket to me! I've never been cited in 5 years of my driving history, and I was NOT speeding. Moreover, I had my speed locked at 70 on the cruise control... the whole time. There's no way I was going 88 as the officer states.
How to prove in court (I had scheduled a trial that will take place in January) that the officer is lying? She never showed me the radar, and is not bringing her witness (she had another officer with her in the CHP vehicle at the time of the stop).
I am mailing a notice of motion for preclusion of testimony (for exclusion of evidence) because it didn't meet the 20 day deadline (wasn't mailed within 20 days of request) and the 30 days deadline (the discovery paperwork has to be mailed 30 days prior to trial date).
I doubt they will dismiss the case because the county is notorious for tickets and speed traps.
So please, help me structure my defense in a way that will make the officer make a mistake in her lies and be disqualified as a witness.
Thank you very much in advance.
Please, refrain from telling me to get a lawyer. I only need answers to my questions above.
thanks again.