Hi all,

Just wondering if anyone who has received a speeding ticket has tried to fight it, and gone through the process of issuing a "motion for discovery?" This is when you request things such as the officers notes, radar calibration records, officer training records, radar user manual, etc from the police department. I have talked to the courts and they are absolutely no help in telling me the procedure for requesting such items and what documentation to fill out. I would prefer not pay someone like www.ticketassasin.com $25 just to get information on how to fight this via "trial by declaration." Here is what the court told me:

1) Request a form to file a subpoena to obtain such information from the police department
(send check for $0.50 for the forms, self-stamped addressed envelope, and request a subpeona form and an afita-david form)

2) Once received, fill out the forms and send back to the clerks office specifiying exactly what you want (see above)

3) Then after all that, they said something about servicing the officer... What the hell does that mean? Why can't they just send me the information via mail once they receive the subpoena?

4) This is the Los Banos Superior Court system in California... Can someone please help me to understand this a little better?

My AIM: poopydpants

Thanks!

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I'd get a lawyer ... less risk, time, and money in the long run.

Try the NMA (National Motorists Association). These guys can supply everything you need to fight a ticket. If you're not familiar with them, they're probably the organization most responsible for the repeal of the 55mph law. They are definitely worth a membership. http://www.motorists.org/

Thanks so much. Actually, I talked to the Superior Court again and am getting all the necessary forms sent to me. It is all about talking to the right person and being nice enough and curtious to them and they can send you everything... Love it...

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There are DIY sites out there, but to properly file a subpeona I would really talk to a attorney or something. Its near impossible to do correctly without the advice of an attorney, and any written advice you find is likely to be out of date. Defendants in criminal cases who represent themselves usually suck in getting the police department or the prosecutor to turn over records. Oh, if the court you are in has a prosecutor working on the case, you can force him/her to turn over certain items. But if the prosecutor is not going to use those items and they are not exculpable, they do not have to turn them over and you have to file a subpeona anyway.

Also, you cannot get information on complaints filed against an officer via a subpeona as the records are protected by California law(evidence code 1043) and can only be obtained via a "Pitchess motion", which trust me is more trouble than its worth.

While I have little info to offer in trying to obtain these documents (I got the run around from every agency I contacted or visited), I will say that you might also want to get a copy of the road engineering surveys done on the section of road you were cited in. For the most part, radar calibration records, and training will probably be inline. Couyld depend on the circumstances and conditions around your citation, but I think a road engineering survey may be more vulnerable. In most cases, it will involve proving the prima facie limit to be wrong and that your speed at the time was indeed safe for the conditions, but it could be worth looking into. If you are way over the limit, it might be hard to fight.

Just a couple of comments about your post. I think you are talking about an affidavit(as opposed to afita-david).

And as far as servicing the officer, I think you might be talking about serving the officer with the subpeona. I would think though, that the subpeona would need to be served against the agency that holds the records you are requesting as opposed to serving the officer himself. And proper service is important as it ends up being the proof you need if the information you requested in the subpeona is not sent to you.

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And as far as servicing the officer, I think you might be talking about serving the officer with the subpeona. I would think though, that the subpeona would need to be served against the agency that holds the records you are requesting as opposed to serving the officer himself.

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The officer would need to be served a subpoena as well in order to inform him of the court date so he can be there as well.

That's automatically done when you plead not guilty. At least here in Cali.

mrelusssive is absolutely right. its all about the township/city making money. if you fight with them, you are getting in the way of them making money. ive seen people in court trying to fight a ticket, the end result is always, your word against the cops word, and guess who wins. and not only do they win, you will end up paying much more than your original ticket, when they add in all the court costs, etc. hire a lawyer, give the lawyer his/her cut, and then give the government their cut.

Thank you everyone for your posts... However, let me clarify my intentions here. I am not a lawyer (best friend is though), and I am not trying to win this case by proving that I was driving safe or even driving the speed limit.

I am doing a trial by declaration... I am not going to appear in court since the county is 2 hrs away from my house. I am trying to do everything by mail (including serving the officer), in the hopes that they will NOT send me everything that I need by the appropriate date, and try to get the charge dismissed (they don't like to give up money, but they also don't like wasting their time and money in court). Therefore, I am not going to serve the officer in person, rather by mail. I will argue that this is acceptable, since I will have everything documented and worded appropriately (lawyer wording)... I will give them deadlines by which to send these items, and I will even write a second letter if necessary and if I still don't receive these items, then I should be guarenteed a dismissal. Secondly, the officer must fill out paperwork in a trial by declaration and submit by a certain date, and if he doesn't do that, then it gets dismissed automatically. If the court sides with the officer, then I will go to court, via Trial de Novo... Pretty much, a second chance.

I do not want to spend $500 to get a lawyer to get me out of this case. Especially since I just recently closed out a prior speeding ticket I had ($200).... Thanks for everyone's comments. I will let you know how this turns out.

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Two words ... certified mail.

It is not the officer that will be pulling the records you subpeona. It will be some administrative staff(although that might be a desk officer). Serving the officer does no good. You must serve the department that the officer issuing the ticket works for.

I don't think certified mail qualifies for proper service. Anyone can sign for it. My understanding is that they need to be served in person, usually by a US Marshall.

Question for you all,

When I actually send in my declaration, do I have to send in the total bail amount, or will I be notified by the Superior Court of their decision and then send in the amount required? Please advise your experience because I am getting conflicting statements from the clerks in the court. Thanks

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