LIDAR Ticket Win in CA

[bunny]

i was thinking about that too then I realized how it would hinder things.

a lot of laws over lap. sure states are different, but if you split everything up into certain states then less people will look over the post and help. i'd only look in the ca section and not help people elsewhere.


surfdaddy: i think the law I cited used the word discovery for traffic cases. also, the how to fight your speeding ticket book never called it anything but discovery. i'm not saying you're wrong, because it is obvious you are right, just why isn't this info mainstream, even in books that are suppose to help?

[austinado16]

Yeah, I was thinking the same thing........that it could "dilute" the help, and that would be a huge step backwards.

Maybe we could post a sticky for each state? Or the states with the most activity? Just thinking outloud here.....

Maybe the sticky could be something like: "Wins in [name of state]" and the rule for posting would be to tell how you accomplished it?

I could be sort of an archival section so it wouldn't take away from this main section? I don't know.....maybe that wouldn't work either.

I guess what I'm getting at, is having clean(er) way locate info/examples/methods that are working for people in your same state......like a "search-for-cases-in-your-state" type of function.

[Maestro]

On the discovery thing, it depend first on whether traffic offenses are criminal or civil in your state, if it is civil you do not have a right to discovery, it a different process altogether, and as Surfdaddy pointed out do not expect the courts to help you sort it out. They are instructed not to help or provide any legal advise what so ever.

If they help one person they must help all, it is call equal protection under the law which as we know the court barely have time to listen to traffic cases let alone assist you in your defense.

Now if your state still makes traffic ticket a criminal offense does not automatically give you a right to discovery. Some states have written laws or changed court procedures that limit your ability to request discovery, this is why people have resorted to the freedom of information requests to get what they want to fight tickets. But they have a catch all which is not public information or Classified. To get hold of information falling into these catch alls takes an act of the court which will not happen.

When I did my request for information on the officer training I was told it is not public information since it contains personal information about the officer which by state law they do not have to share any information that is deemed personal in nature. But if the office wants to share it at trial he could do so if he likes but the police department could not provide it to me.

Remember the person writing those books, are lawyers many time and write it from their perspective which they can do discovery even when it might not be allowed otherwise simply because they are an officer of the courts. Also, a number of those books are very old and the laws have been updated but the author went back and updated their books.

[bunny]

i think in CA there is criminal, civil, and traffic.

or at least at all of the court houses i've ever been to there is a criminal section, a civil section, and a traffic section.

also, when I tried to get a copy of the officers declaration and I was sent to the records place, or whatever it was, they told me they do civil only and traffic is its own section.

[austinado16]

I think you're correct Bunny. I've always seen a seperate "Traffic" entity in all our courts. They even have their own set of judges. Here, we don't even use a real judge, we use "traffic commissioners" and then travel around between our main court and a couple of the satelite courts in nearby cities.

I've never tried to do discovery on a Traffic Ticket, so I don't know if it's allowed.

[Obsidian]

Originally Posted by austinado16

I think you're correct Bunny. I've always seen a seperate "Traffic" entity in all our courts. They even have their own set of judges. Here, we don't even use a real judge, we use "traffic commissioners" and then travel around between our main court and a couple of the satelite courts in nearby cities.

I've never tried to do discovery on a Traffic Ticket, so I don't know if it's allowed.

Yes it's allowed. I had a case thrown out because the "prosecution" did not respond to my discovery request within 30 days. California has commissioners, but "real" judges do preside over traffic cases as well. The last time I went to court the judge had a landlord dispute before me and a jury trial after (he kept reminding me during my trial). Commissioners read my last two TBD's though ... a win and a dismissal so it's fine with me.

A good book for information on California specifically is "Fight Your Ticket And Win" by David Brown .... it glosses over TBD's which are the greatest thing in the world, but other than that it's informative. Another good source for California info is http://helpigotaticket.com

California has some great things going for it ... 22350's should never be lost (some lawyers like Stan the Ticket Man say they've never lost one), TBD's are a complete freebie ... Guilty? ... Dont' like it? ... TBD thrown out and you get a new trial, and of course traffic school.

-Obsidian-

[austinado16]

Read through Geo's entire site and used his 22350 questions that break it down element by element. That's what pissed my traffic commissioner off so much......and provided so much fun. Great resource website!

[Maestro]

Just because there is a separate courts for traffic issue does not make its own legal matter. There is only two types of legal issues, civil or criminal, there are traffic laws, but they are either civil matters or criminal.

In the case of CA I believe they are criminal matter since they are heard in the superior court system, it appears some locations in CA have set up specific courts to deal with traffic matters. but since they are criminal they must follow criminal court procedures unless there is specific case law or laws written otherwise saying traffic cases are handle differently. Like in PA you can not get a jury for any traffic cases, there is case law on subject, and it is due to fact you can not go to jail because of ticket.

[austinado16]

Yes, our Traffic cases are heard in our Superior Courts, but that may only be because we did away with the name Municipal Court a few years ago. However, I agree, that they are a criminal case, rather than civil as they are listed as "infractions" or "misdemeanors" depending on severity. For example, 22350cvc unsafe speed is an infraction, but wreckless driving is a misdemeanor, as is twice the posted speedlimit.

I've never seen a jury for a traffic infraction though.

[Obsidian]

Originally Posted by austinado16

Read through Geo's entire site and used his 22350 questions that break it down element by element. That's what pissed my traffic commissioner off so much......and provided so much fun. Great resource website!

LOL, yeah I used them once in court too. Got the officer to admit that none of the elements were unsafe ... twice each. Case dismissed.

-Obsidian-