How do I write a discovery letter for a red light traffic ticket and who do I send it to?

Asked 6 months ago - Riverside, CA

On July 21, 2013, I got a red light camera ticket that I was not aware of until the DMV sent me a letter telling me that if I do not pay my ticket, my license would be suspended. I paid the ticket and sent a letter to the judge, asking to reopen the case and to have a retrial. I got a letter from the court and my trial was granted for 03/25/2014, but because I do not know anything about this ticket, I was looking to send a discovery letter so they can send me the photos of the camera and any other evidence they have. Some people told me to send it to a district attorney, while others told me to send it to the police department, the judge, or the persecutor. Please advise me where to send it, what to put on the letter, and how it should look. Thanks in advance.

Attorney answers (4)

  1. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You send it to police agency. Hopefully they will respond . If you subpoena they will have to respond .

    ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
  2. Anthony Michael Solis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . you send it to the agency that wrote the ticket or the prosecutor's office that represents them.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  3. Christina A. Widner

    Pro

    Contributor Level 6

    2

    Lawyers agree

    Answered . It would probably be your best bet to send the letter to the District Attorney's Office. If you call, you may be able find out which attorney would be handling your traffic case, and you can address the letter directly to them. Most likely, however, you will just have to show up on the day of your trial, and they will give you anything you have. Unfortunately, in these types of cases, there may not be much discovery you can get, but you should ask for maintenance and calibration records of the camera. It would probably be in your best interest to consult with an attorney who specializes in traffic cases.

  4. Paul William Nguyen

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Fill Out the Form CR-125, you can download it at: http://www.courts.ca.gov/documents/cr125.pdf
    As long as you know when your trial or arraignment date is and there's sufficient time, you can either give it to the prosecutor or mail it to the cops directly, it will need to be a 3rd party that fills out the Proof of Service.

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