Discovery request

[horsepower]

As per a peremptory challenge to be valid, you normally need no real excuse at all. Trickier here, perhaps.
If the judge didn't tell you at arraignment that your case would be assigned to him "For all purposes-or words to that effect", then you could still request the challenge.
Finally, the case was continued...i.e. not heard, so in essence the case was not before him yet anymore than a written request for continuance could have been done by either side (if done timely) which would be submitted to the clerk. If they are going to get away with a continuance, it should not be treated to compound your rights to a peremptory challenge or to prejudice you in any way.
So, your rights to a peremptory challenge should not be denied just because YOU were the only party intending to show for a trial that did not happen.
(See Bouchard v. Insona (1980) 105 Cal. App. 3d 768.Cal Rptr. 505; Retes vs. Superior Court (1981) 122 Cal. App. 3d 799, 176 Cal. Rptr.

 

[horsepower]

The officer doesnt know when court is until we get the subpoena. Things happen. Traffic court will normally issue one continuance to both sides.

Speedy trial does not mean, at all costs and screw the officer.

Speedy Trial is fairly solid unless- in the Judge's discretion only- it is in the People's best interest to " have the case heard."
I believe judges hold this for more than just a simple +10 speeding ticket once a proper request is made. As these tactics get more and more known, the hallway will get far more narrow.

Things do happen and it sucks...but there has to be due notice on both sides. If the defendant didn't show that day and called to request a continuance, no way would they say, "oh man, sure, we didn't get anything in the mail, but go do that job interview".

 

[horsepower]

"Waiving Time " for Speedy Trial:

"The law requires that a trial date be set within 45 days FROM THE DAY YOU PLEAD NOT GUILTY" (PC state statute 1382 (a)).

If you show up and the officer doesn't it is difficult for a judge to resubpoena an officer and reschedule your case within that 45 day toll. As a result, the judge MUST dismiss the charges against you unless substantial cause is shown.

The very fact that said commisssioner loud talked and denied UD a dismissal shows how differently prop pers and attorneys are treated in this type of traffic judges court.....had UD been an attorney this would be done.

That is what's unfair.

So the question UD is.... is your NEW date more than 45 days from your arraignment date?

 

[2strokeYardSale]

major mojo to horsepower and summitdog

+1 on discovery requests to the DA ... The prosecution has a duty to provide exculpatory and impeachment evidence even if you don't ask for it, but things will go a lot better for you if you 1) Request it from the prosecutor; and 2) Move to compel it when it's not produced. Unpreserved errors aren't good on appeal and will be ignored or reviewed at the court's discretion.

Be sure to read the local court rules on filing pleadings. OpenOffice and MS Word have pleading templates.

 

[UDRider]

"Waiving Time " for Speedy Trial:

"The law requires that a trial date be set within 45 days FROM THE DAY YOU PLEAD NOT GUILTY" (PC state statute 1382 (a)).

If you show up and the officer doesn't it is difficult for a judge to resubpoena an officer and reschedule your case within that 45 day toll. As a result, the judge MUST dismiss the charges against you unless substantial cause is shown.

The very fact that said commisssioner loud talked and denied UD a dismissal shows how differently prop pers and attorneys are treated in this type of traffic judges court.....had UD been an attorney this would be done.

That is what's unfair.

So the question UD is.... is your NEW date more than 45 days from your arraignment date?

Well this was a hearing for Trial De Novo at which I pleaded not guilty, again, the new date set is within 45 days from this hearing...

Looks like I have bunch of reading to do this weekend.

... and yes if I was a tad smarter I would have just taken traffic school.

 

[Rel]

... and yes if I was a tad smarter I would have just taken traffic school.

You can still go to your court date and ask for traffic school.

 

[horsepower]

Well this was a hearing for Trial De Novo at which I pleaded not guilty, again, the new date set is within 45 days from this hearing...

Looks like I have bunch of reading to do this weekend.

... and yes if I was a tad smarter I would have just taken traffic school.

This is new info.....my brain hurts so bad right now...must process

You can still go to your court date and ask for traffic school.

True. While there's plenty of fight in this case, the fact is Scotty's time + money + sleepless nights quotient factor makes traffic school option equally attractive.

 

[summitdog]

The "trick" here is to put the matter on calendar BEFORE the trial de novo to pull speedy trial waiver in open court.

NOTE: One can begin the discovery process once the citation is filed with the court. One need not wait for arraignment.

When I think about how certain commissioners treat pro pers in comparison to attorneys, images from Upton Sinclair's "The Jungle" come to mind. (Or from Pink Floyd's "The Wall" where the judge grinds defendants into sausage.)

I currently have a matter up on appeal where a retired LEO's relative appeared and was mistreated by local commissioner. The DA's response to the opening brief was: "We intend to submit on the record", which is legalspeak for "We ain't throwing that drowning commissioner a life saver".

Scotty

 

[LongGoneJohn]

Lots of good information in here.

Also lots of proof as to why court fees are so expensive these days. mao

 

[summitdog]

Lots of good information in here.

Also lots of proof as to why court fees are so expensive these days. mao

Did you know that traffic court essentially bank rolls the entire court system? When you consider an average traffic ticket fine is b/w $300 - $500 and traffic court can do 40+ on the arraignment calendar whereas a DUI fine is $1916 but can take up to a year to resolve, it is no surprise that the commissioners treat citizens like unruly children who steal from their mother's purse.

Scotty

 

[LongGoneJohn]

Did you know that traffic court essentially bank rolls the entire court system? When you consider an average traffic ticket fine is b/w $300 - $500 and traffic court can do 40+ on the arraignment calendar whereas a DUI fine is $1916 but can take up to a year to resolve, it is no surprise that the commissioners treat citizens like unruly children who steal from their mother's purse.

Scotty

To be fair, 99% of the people who go into traffic court are just flat out wasting everyone's time and money. Everyone.

There are some cases though, from time to time, where I go "wtf was the officer thinking?"

It seems ridiculous though when I get taken to court, twice in one day, make over $500 for my time and all so a person can "see if I show up" or not, find out that I did show up and still refuse to change their plea, only to testify and say "I was just showing up to see if the officer would show." Don't get me wrong, I appreciate the extra money in my pocket but I would have much preferred to stay home, drink a nice cold one and save everyone the time and money.

I'm sorry, but that's a waste -- and commissioners get sick and tired of watching / hearing it.

And on a side note, you won't find me defending the amount of the fines. In a lot of cases, I find them to be completely over-the-top ridiculously expensive. Unnecessarily so.

 

[UDRider]

You can still go to your court date and ask for traffic school.

As I said if I was wiser...

To be fair, 99% of the people who go into traffic court are just flat out wasting everyone's time and money. Everyone.

There are some cases though, from time to time, where I go "wtf was the officer thinking?"

It seems ridiculous though when I get taken to court, twice in one day, make over $500 for my time and all so a person can "see if I show up" or not, find out that I did show up and still refuse to change their plea, only to testify and say "I was just showing up to see if the officer would show." Don't get me wrong, I appreciate the extra money in my pocket but I would have much preferred to stay home, drink a nice cold one and save everyone the time and money.

I'm sorry, but that's a waste -- and commissioners get sick and tired of watching / hearing it.

And on a side note, you won't find me defending the amount of the fines. In a lot of cases, I find them to be completely over-the-top ridiculously expensive. Unnecessarily so.

But your honor everyone else was going 90 also.

 

[horsepower]

Did you know that traffic court essentially bank rolls the entire court system? When you consider an average traffic ticket fine is b/w $300 - $500 and traffic court can do 40+ on the arraignment calendar whereas a DUI fine is $1916 but can take up to a year to resolve, it is no surprise that the commissioners treat citizens like unruly children who steal from their mother's purse.

Scotty

So weird, because in "Dani land" the DUI case would take 1 second to consider. Biggest waste of court and leo time EVER. And poor cops who have to endure the most inane line of questioning I have ever heard bs.
atty: "so you say his eyes looked red and dilated.......do you know how his eyes normally look on a day to day basis?" leo.... "what do you mean normally, like right now for instance?" atty.."yes" leo, ? "then yes, his eyes look normal now"
atty. "Do you know what vein they used to take the blood sample?" leo, "no, I cannot tell you what specific vein they used, but it was on the right arm". atty.."could it be possible that you were the one who had a drink, and then got it on the EMT who drew the blood and the EMT got some on his shirt and then it got on my defendant's shirt which subsequently got drawn into his vein?"

 

[bojangle]

atty.."could it be possible that you were the one who had a drink, and then got it on the EMT who drew the blood and the EMT got some on his shirt and then it got on my defendant's shirt which subsequently got drawn into his vein?"

Objection! Calls for speculation!

 

[summitdog]

Finally, the LEOs and the citizenry stop bashing each other and unite to bash the poor little defense attorney who is only doing his/her job to make sure the defendant is given adequate assistance of counsel.

Dani, you have yet to see a good DUI defense attorney in trial. One guy who really knows his stuff and is fun to watch because he is unorthodox is Bruce Kapsack out of Oakland.

Scotty

 

[99EJ6T]

Great thread, but I have one comment......

The officer doesnt know when court is until we get the subpoena. Things happen. Traffic court will normally issue one continuance to both sides.

True, things do happen. But "I cant make it cause I have to...." is not an excuse for anything. Least it wasnt when I worked for the gov (military).

Sorry, but the subpoena is enough and given in time for corrections to be made to schedule conflicting to court dates. Only time I can see it being fair (for continuance) is if the party is literally NOT on the continent due to service to country, the subpoena was given the same week as the court date, or lastly hospitalization (for something NOT in the control of whomever is being summoned).

And the part of "speedy court.. screw the officer" is more BS then "things happen". Congrats, your job says you are required to appear in court. Dont like it; then quit. Easy.

Probably the single greatest reason I liked being military on the east coast, excuses DONT fly, both with LEOs and on base.

Continue with the thread, there is some great info and prime examples as to why our system is F'ed up.... /rant

 

[Rel]

True, things do happen. But "I cant make it cause I have to...." is not an excuse for anything. Least it wasnt when I worked for the gov (military).

Ummm, yeah... my training and vacation are set way in advance. My mandatory training is set a long time before the defendant decides they want to go to traffic court.

"I" can't be there..... is because the defendant chose a date that I already had booked. Sorry.

Scotty, I've been up against Bruce once before.... was quite entertaining.

 

[horsepower]

Finally, the LEOs and the citizenry stop bashing each other and unite to bash the poor little defense attorney who is only doing his/her job to make sure the defendant is given adequate assistance of counsel.

Dani, you have yet to see a good DUI defense attorney in trial.

haha I'm not sure I want to as I fear magic tricks that involve smoke and mirrors.
I love ya Scotty. And thanks again for taking time to post up in here for free.

 

[horsepower]

Ummm, yeah... my training and vacation are set way in advance. My mandatory training is set a long time before the defendant decides they want to go to traffic court.

"I" can't be there..... is because the defendant chose a date that I already had booked. Sorry.

You hand a Defendant a ticket with a court date appearance for x, 30 days in advance.
Defendant says, "no can do,senor, Wife is popping a kid out by Ceasarean that day."
What's your answer......
"I'm required by law to give you a date x out. You'll have to call the court."

If the Defendant doesn't call in time to reshedule, then doesn't show, they lose. This is when you lose me, Rel.

 

[Rel]

You hand a Defendant a ticket with a court date appearance for x, 30 days in advance.
Defendant says, "no can do,senor, Wife is popping a kid out by Ceasarean that day."
What's your answer......
"I'm required by law to give you a date x out. You'll have to call the court."

If the Defendant doesn't call in time to reshedule, then doesn't show, they lose. This is when you lose me, Rel.

When people say that, I'll give 60 days and I'll notify the court why I did what I did.

Also, they just have to contact the court within those 30 days, waive time, and they have up to a year to go to arraignment. (I think)