vendredi 28 décembre 2018

75+ in a 65 22349(A) by Chp

My question involves a traffic ticket from the state of: California

A friend of mine was cited on 11-20-18 for 22349(A) and the officer wrote her speed as 75+ in a 65. There are two numbers in the "Radar/Lidar Unit/Patrol vehicle" box. I assume one is the radar units # and the other is the car #.

She requested discovery and used the generic request form in David Brown's book. Not knowing any better she checked box (c) requesting T&E survey. Today she received certified mail from the CHP in response to her request. The only thing the CHP sent her was a letter stating no T&E survey is required. They did not address box (a) or (b) of the discovery request. (A) was requesting notes, copy of officers copy of the notice to appear front and back, & any relevant audio or video recordings. (B) was asking for names and addresses of any prosecution witnesses that would be testifying.

If my friend submits a TBWD and states she wasn't speeding and askes the judge not to consider any statements received by the CHP because the names of witnesses were not provided to her via discovery, how likely is a dismissal? Or would she be better off sending another letter to CHP requesting the calibration log of the SMD and certificates showing the official is trained to use said device?

Thanks for reading.


75+ in a 65 22349(A) by Chp

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