Author Topic: Lawyer question about discovery (Read 264 times)

BGBMAW · « **on:** March 18, 2004, 04:08:01 PM »

can you do a discovery on a certain strip of road on accidents-speeding tickets history?

Thnks

BiGB
xoxo

Dune · « **Reply #1 on:** March 18, 2004, 04:18:19 PM »

I believe that this would be considered information in the public record that either side could find just as easily. Therefore you couldn't compel the other side (I assume the other side is the State) to provide it to you. You'll have to find it out yourself. Try the MVD or DOT for the accidents and some Dpt's of Public Safety have annual reports about how many tickets they write and where.

Discovery is usually information that one side has that the other wouldn't have access to. Investigations, witness lists, reports prepared in anticpation of trial (but not work product, notes, etc.), and things like that are discoverable.

MrLars · « **Reply #2 on:** March 18, 2004, 04:44:55 PM »

Most cities require a Traffic Safety Study to be taken every 10 years or so on any well traveled city street. This helps them decide where trouble areas are and what speed limits are required.

In my hometown, Santa Barbara, Ca. there was a case some ten-twelve years ago where the cops setup a radar trap on a road where the speed limit was set to low for proper traffic flow. Litteraly hundreds of citations were issued over the months until some lawyer got one. After reasearching the law and city records he found that there hadn't been a TSS done in some twelve years.

The result was that hundreds of citations were dissmissed and fines returned....the road also had it's speed limit increased and the traffic flow got much better.

I dunno if that helps. GL though.

Maverick · « **Reply #3 on:** March 18, 2004, 05:03:17 PM »

Accidents on a particular intersection or small stretch of road are probably accessible. Citations other than for accidents will be real iffy. Reason is that the citations would have to be entered in a data base by location. Not terribly likely for non collision situations.

Just because there are or are not collisions in a particular area is no defense if you that is why you are looking.

BGBMAW · « **Reply #4 on:** March 19, 2004, 02:34:42 PM »

sweet..i knew you guys had some smarts..

well..i can see them not sorting tickets by location, so that kind of sucks..

this is what hap..

I pull out of my drive way..and get a speeding ticket

My drive way goes on to HorshoeBar road..it has blind corners both ways....I have about a 100 foot view both ways..when pulling out...

If you are driving towards my Intersection..(where my drive way intersects the HorseshoeBar Rd) you see signs that say..Caution 20 mph Intersection...
well no one is slowing down for my intersection..( I share my driveway with about 15 other properties

So..i have to punch it when entering the HorseShoe Bar Road.

Well...i punch it...look behind me to see no one ramming me from behind...I get around the corner and I see a Man standing on the side of the road holding a gun or somthn pointed my direction.

It takes me a second or two to figure out..who the fuQ is this guy? AHH its a Highway Patrol holding a radar gun at me...with his car parked off the road.

He standing in the middel of the street waving me to pull over..

I explain to him..that i just pulled out from my driveway and its blind corner..blah blah..he dont give a crap..

I got a 53 in a 35 zone....I still cant belive i got going that fast in such a short distance..

So..Im fighting this one.

But along with pictures of my intersection, I wanted to get a record of how many people are speeding around this road.

I guess that discovery isnt going to work for this one.

Lars..Dune..where would i get a TSS from...County Court House?

I m doing a Trial by Written Decloration.. I have till 4-20 to get it in..

I won my last trial..Skateboarding with no helmet..176$ fine!!..bastrdsss..

Thnx
BiGB
xoxo

-MZ- · « **Reply #5 on:** March 19, 2004, 03:51:34 PM »

Quote

Originally posted by BGBMAW
I m doing a Trial by Written Decloration.. I have till 4-20 to get it in..

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=73230216519+1+0+0&WAISaction=retrieve

Pay attention to 40803. Demand in your trial by declaration that the ticket be dismissed unless the officer (prosecutor) has produced evidence of a traffic engineering survey that justifies that speed limit.

Note that under certain circumstances this defense will not work, but read the sectoins and try to see if it applies to your case. The key will be if your street has a 'prima facie speed limit' that would not require them to provide the survey.

Good luck.

Curval · « **Reply #6 on:** March 19, 2004, 04:00:40 PM »

BGB...I have had a couple of experiences with getting undeserved tickets. But, I did a little cost/benefit analysis of fighting the charge vs pleading guilty. Given the time off work I had to take, legal fees etc etc it just wasn't worth it.

I understand it could be a issue of principle...but frankly even if you win it will generally be a small moral victory that can cost you alot more than it needed to.

Just my 2 cents.

Airhead · « **Reply #7 on:** March 20, 2004, 09:50:43 AM »

Quote

Originally posted by Curval
BGB...I I did a little cost/benefit analysis of fighting the charge vs pleading guilty. Given the time off work I had to take, legal fees etc etc it just wasn't worth it.

BGBMAW doesn't have a job so that's not a problem.