Legal Question in Traffic Law in California

Rights to discovery - speeding ticket

I received a notice for a speeding ticket and I had decided to fight the ticket submit a request for discovery with the CHP officer that cited me.

After spending a few days trying to get contact information for this �Officer Jones� in one of the CHP offices in the area, I realized it would take more than 30 days until my due date to get contact information, submit my request, and give the officer the 15 day window to produce the documents. I then made two requests for a continuance (explaining my reasons), about a week apart, but never received a response. On my third and final attempt I sent in a request with my written declaration. I was notified about a week later that my request was denied.

So, basically, there is no way I am able to exercise my right to discovery? Thanks for your help.


Asked on 8/11/05, 12:40 pm

1 Answer from Attorneys
Richard Wagner Wagner & Zielinski, A Professional Law Corp.

Re: Rights to discovery - speeding ticket

You should have filed a motion for continance, give notice to the prosecutor and cops, and appear at the hearing for your motion and tell the judge that you waive time and want to continue for necessary time to get discovery. You should also seek sanctions at some point if they don't produce the evidence requested. You should also use subpoenas to get your evidence.

Read more
Answered on 8/15/05, 7:59 pm


Related Questions & Answers

More Traffic Law questions and answers in California