Sep
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California Penal Codes 1054 & 1054.1, how can they help with your California Traffic Ticket?

By Ronald Cupp PHD

Discovery-how sweet it is. What this means is that they (the court-DA-Peace Officers) must supply you with EVERYTHING that they could possibly want to use as evidence when they charge and prosecute you with a California Traffic Ticket.

The actual codes are below;

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.

California Penal Code

   (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 buy meridia online 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 of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.

So what does all this mean. Nothing, and then a lot. What we do is file a motion at our first appearance for the discovery (forms in our site). It does a couple of things.

First, it gets the District Attorney involved, second it makes them supply you with EVERYTHING that they can possibly use against you. EXAMPLES: So if they did not supply you with the traffic study that they used to determine the speed limit in an area; the radar or laser specification and tests before they decided to use it in the police force; traffic study’s before they authorized the use of a red light camera ticket; or the complete copy of the ticket (NTA) which had the officers notes on the back, then: they can’t use any of it and you can get your dismissal.

Most importantly we are using this as a mechanism to force the DA or entangle who is doing what in how they are prosecuting you. We are trying to take this out of a purely Administrative Hearing into a proper prosecuting venue with the DA on one side, you on the other, and now the Commissioner who has to properly judge the hearing and not just Administratively rule over you.

The DA wants nothing to do with this, they have real crime to fight. They will tell you they do not get involved in contested traffic cases (will that is too bad, the law says they are supposed to). They will try and have the CHP or local jurisdiction that cited you supply you with a copy of the ticket, not acceptable. By the way, I have the most awesome letter when they do this. It forces them to show which codes or laws that state that they are not to prosecute you, or to give you which Penal Codes and to show WHO is to prosecute you. Of course they can’t, there is none. It is suppose to be the DA!

So now you have filed a motion that they must hear or rule on, and you have effectively tied up another part of the Judicial System and put mud in their tracks to slow them down.

Again, I personally have used this on several California cell phone tickets and traffic tickets, namely speeding tickets, commuter lane tickets, red light tickets, red light camera tickets and seat belt tickets to tie them up and use their own rules of court against them. Remember  It  works for all California infractions,  to have them treated for our purposes, to hold them to the Misdemeanor laws and rules of court!

I have included the video below, so you can hear the reading of the code itself.

Ronald Cupp PhD

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Comments

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