How do you file for a Motion of Discovery for a traffic violation in California?

Any help on how to file for a Motion of Discovery will help! I need to find out how to receive ALL information on a traffic stop in CA; not just my copy of the ticket and a copy of the report the police filed. Thanks!How do you file for a Motion of Discovery for a traffic violation in California?I'm not a laywer, but I did successfully fight a traffic citation in California and won. (And I didn't appear in a business suit; just clean shaven and decently dressed. I think a business suit makes it look like the defendant is trying to "suck up" to the judge. I think "business casual" is the most formal one needs to get...)



It's not a "Motion of Discovery" you want to file. You want to make what's called an "Informal Discovery Request" to the prosecutor.



In brief, on the Informal Discovery Request you simply indicate what information you're requesting (copy of the officer's notes, any police report made, etc.). In this Discovery Request, you also request something to the effect of "All evidence expected to be presented at trial". Then, you mail it off to the district attorney in the city, or county, you were cited in. They then have a specific amount of time to respond to you.



If you (A) don't receive the requested materials within a certain time frame before trial or (B) the officer tries to bring some evidence up at trial that wasn't included, you Object to that evidence being admitted. Because, (A) they failed to respond to your discovery request in a timly manner or (B) it wasn't included in the discovery materials you were sent. In either case, the idea is that you need time to inspect the evidence. In (A), you're not given enough time before trial and (B), it's unreasonable to expect you, a nervous non-lawyer defending yourself, to be able to mount a defense based on something you just got....



If you're serious about wanting to fight a ticket, I *strongly* suggest "Fight Your Ticket and Win In California" from Nolo Press. (www.nolo.com) It's usually available at your local bookstore, too.How do you file for a Motion of Discovery for a traffic violation in California?Go to the courthouse in the jurisdiction where you got the ticket, specifically the Clerk's Office. Ask for help in calendaring exactly as you called it, a "Motion for Discovery." Even if you are in there Pro Per, they should be willing to help walk you through it or you may even be eligible for the assistance of a Public Defender, depending on your income.



You have every right to pursue it. Don't take the easy way out and just pay the ticket. If you truly believe you are not guility, don't allow your own reputation or record to be compromised. JettaHow do you file for a Motion of Discovery for a traffic violation in California?If the violation was just an infraction...and most are...the copy of the ticket is all that is filed..there is no other report..nothing else exists. If you are going to traffic court...some advice...dress in a business suit, and come prepared with you defense. Do some research...Photos and charts help. The Judges are fair and if you make a compelling argument, you might just get off.How do you file for a Motion of Discovery for a traffic violation in California?
Yes...well..motions are normally filed by attorneys, not private persons.



I'm not clear on what else you're looking for and what you already have. Do you have the police report already? If so, then what else do you want or would you expect to get?



You may not need to go through the formality of filing any motions. You may be able to get what you want just by asking. However, without knowing what else you want, I'm hard pressed to offer any more information than that. If you'd like, feel free to contact me through my avatar, and I'll see what I can help you with.