I am trying to find out what law controls the discovery available for a trial in Ca on a speeding infraction. CVC 40901 only refers to testimony and business receipts and records. But it doesn't say specifically what law controls the discovery process. I especially want to know if you can serve the police officer with interrogatories, and also if you serve a subpoena duces takem and get the documents before trial (so you can review and analyze a head of time). Finally, how do you attack the radar maintenance before trial if you can't get the info through the discovery process? I want to know how good the radar documentation was before I even show up for the trial.
Speeding / Traffic Ticket Lawyer
You are entitled to subpoena records from the citing agency. If you set a court date before the trial date you can request the documents be produced for that date. That will allow you to review them before the hearing. Interrogatories are only available in civil cases. The same law that applies to a misdemeanor or felony applies to a traffic. You can serve a discovery request on the District Attorney's office or subpoena the agency. The DA's office may or may not be involved in the handling of tickets in Sacramento.
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