Legal Question in Traffic Law in California

Traffic violation
is it leagal in appeal court in traffic violation D.A. is never present and yet court continew not only that but every motion including final brief must be submittedto D.A. without any response from D.A. also D.A.'s office we are not interested in traffic trial and their absence in traffic appeal case confirms their view.under the circumstances is it legal the decision rendered by appeal court. in reality defendant present arguement and people does not replye or object and yet appeal court convict. what happen judge is suppose to give judge after hearing story from two sides and give verdict. what happen the title people Vs. defendant and yet people rep.D.A. is never present in court. should appeal court give verdict D.A never present and no response to defendant's brief? Why then appeal court ask defendant to file every motion with D.A.'s office what is the purpose of this senceless procejurs? why in traffic court police officer beling allowed as witness as well as D.A.? As I understand witness can't be procecutor, if that is true then why court allow that? is there any way to object and dismiss the case?

Asked on 9/02/08, 7:26 am

Sherman Ellison Law Offices of Sherman M. Ellison

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Re: Traffic violation

I have represented clients in at least 12 appeals of traffic convictions.

The Rules of Court require that the prosecutor [DA] and the trial court be served with all briefs and pleadings.

I do not believe that it is a basis for dismissal that you have to serve the DA.

Answered on 9/03/08, 4:23 pm

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