RED LIGHT CAMERAS
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www.highwayrobbery.net
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New 5-24-03, updated
10-27-08, 5-8-09, 3-20-10, 1-30-12, 6-13-12,
1-18-13, 10-11-14, 7-9-15, 9-5-17: ( Subpoenas, Discovery,
Public Records Act Requests, Hearsay, Traffic Accident
Stats, Emails ) The answer to the questions we never ask is always "no."
Each of the three
camera companies has a website that has the photos
and video on it. You go to the website,
identify yourself by typing in the ticket # and the
license plate # or PIN, and you get to see the
video. Keep in mind, though, that the photos
and video on the website will probably be of a lower
resolution than the "originals," or it may not be
the full length of the video. Some other cities
go out of their way to try to keep you from getting
the photos. Most employ delaying tactics, to
grind you down, wear you out. Some go further,
and might tell you (verbally only, never in writing)
things like, "Legally, we cannot give you a copy." Some cities issue tickets that don't display the Late Time, even though their systems clearly have the capability to do so. Other cities, those that are served by ACS, issue tickets with illegible Late Times. A possible motive for these cities to hide the Late Times could be so that they can cite for very short Late Times (like 0.1 second) without widespread criticism (including some from judges) about "Mickey Mouse" tickets. If you phone the PD to ask what your Late Time was, they may say that to get that information, you must come in to the police station. Your visit to the police station is an opportunity for them to grind you down, make it harder for you to fight your ticket. See Defect # 5 and the big How to Read Your Late Time box in Defect # 7 for more information.
"I pursued system knowledge from the
police and the camera company: Difficult to
obtain. Even Torquemada and the Inquisition
encouraged its victims to become familiar with the
instruments of 'truth' before they were tested." Discovery is the process by which you are allowed to get, in advance, a copy of everything the city plans to use against you at your trial - including the photos and video! (Sometimes the city's website where they direct you to go to look at the photos from your ticket does not contain all the photos they have, or the full length of the video! And, the website photos will be of lower resolution than the originals.) If you are thinking about fighting your ticket, you should definitely file a Discovery request - without delay. Filing a Discovery request puts an end to many - but not all - of the city's delaying tactics. (You may be able to obtain more than
the twelve seconds of video the city will show in
court. Some cities have access to 24/7 video from
their red light cameras, for 90 days or so. To
get, for example, the one minute of video surrounding
your alleged violation, you could do a public records
request - see section below. Or, you may need to
use a subpoena to get it.)
(2) The format: Your Discovery
request does not need to be on the
official-looking form shown in Fight Your Ticket,
or any other official form - these requests are most
often done informally, via an ordinary business letter
(see sample below, in the bluish 'wallpaper' area of
this page).
Again, a
requirement to serve the police is incorrect.
The law regulating the Discovery process (Penal Code
Section 1054),
which applies in every California county, imposes the
duty to provide Discovery to you upon the "prosecuting
attorney." That law does not impose that duty
upon the police, as their role in the matter is actually
as a witness. My advice is: A
copy of your request must
go to the city prosecutor or city attorney at City Hall,
or to whatever attorney is prosecuting you; it's
usually not
the district attorney. If you are at all
unsure as to which attorney to serve - the city
attorney, or the city prosecutor, or the district
attorney - don't waste any time or phone calls trying to
figure it out. It is faster and easier to just
serve all of them! It should be noted that some
cities, including some large ones, don't have a city
prosecutor.
While the law does not require you to
file a copy of your informal Discovery request with
anyone other than the prosecuting attorney, some judges
don't seem to understand that - so also send a copy to
the court. And, if your court is actually
publishing written rules saying that you must serve the
police (see San Mateo example, above), serve the police,
too. So, for those who don't want to spend a
lot of time researching exactly who to mail to, here is
the mailing list: Again, I strongly recommend that you FILE WITHOUT DELAY. (4) How to serve
it: You don't need to send someone down to city
hall to make personal service of your informal Discovery
request. While the minimum requirement is to mail
it First Class and have an adult friend sign a Proof of
Service, I recommend that you send the prosecuting
attorney his copy twice, once by fax (program your
machine to print out a 'confirmer'), and once by
Certified Mail, Return Receipt requested, with a Proof
of Service signed by a friend. If you use mail to
send the judge his (optional) copy, get a Return
Receipt. Put your various proofs of service in
your case file (do not mail them to the court, or file
them there, as they could get lost), and bring them with
you to every court appearance, because the prosecuting
attorney (if he shows up at all) will almost always
claim that he/she didn't receive your Discovery request. (5) If the prosecuting attorney
doesn't reply within 15 days (20 days if you served the
Discovery by mail), you will need to take further
action. See the "Dealing with..." section, below. (6) Discovery goes both ways. If
you ask for Discovery, you also have to give it.
You have to tell the prosecuting attorney who your
witnesses will be, and you have to disclose the evidence
you plan to use at the trial. In summary: Get it done right away (don't
spend any time looking for a special form).
Serve everyone in sight. Get good proof of
service. And mark your calendar to follow up in
three weeks.
The sample Discovery letter is below, in the bluish "wallpaper" area. You can add to it, or edit it down, but the last numbered item (Item 17), where you provide Discovery to the prosecution, is not optional. So don't edit it out! If you just want to get a copy of the
photos or the video, and quickly, you could edit the
sample letter down to just a request for those photos,
Item 5 in the sample letter. (You will
still need to answer Item 17.) The limited
request might get you a quicker reply than asking for
all fifteen items! If you already have an
appointment to go view the pictures, you could try
handing the officer your discovery toward the end of
that visit. Maybe he or she will make a copy for
you on the spot - take a blank CD with you. Dealing
with
the City's Response to Your Discovery The
way
some cities reply to Discoveries is a clear attempt
to grind you down, run you around, and in general
keep you so busy trying to get the information that
you won't have the time or energy to really analyze
it (assuming you are able to get it at all). Most
often
the
reply
will
come
from
someone
at
the
police
department.
And
his
or
her
reply
may
tell
you
that
you
need to contact other city personnel to obtain some
of the information you asked for. Well, one
department of the city is not supposed to slip out
of supplying the information by passing you along to
another department. You sent your Discovery to
the city attorney, and he is supposed to get all of
his city departments to supply the
information. You don't have to make separate
inquiries with each department. A ridiculous
example of this delaying tactic is where the police
tell you to contact the city attorney - the person
to whom you sent your request in the first place -
for a copy of whatever you were asking for.
And the most
ridiculous example of a delaying tactic was a city
attorney who told a defendant that the city didn't
handle Discovery requests, and that the defendant
would have to obtain the information from the courthouse. Some
cities
try
very
hard
to
avoid
supplying
you
with
a
copy
of
the
violation
photos
and/or
video.
In
their
reply
to
your
Discovery request they use wording designed to give
you the impression that the only way you can see the
photos is to view them at the police
department. That is total baloney! Under
Discovery, they must
give you a copy. If
you
have received an unsatisfactory answer (or none) to
your Discovery request, telephone AND fax the city
attorney a request to talk about the
Discovery. Give him 24 hours to respond.
If he blows you off, or continues to delay, file a
motion. There is an example in Fight Your
Ticket. Here is a defendant's description of his court battle about discovery. Also
see
the
Nov.
2011
Blumenthal
decision,
on
my Library
page. Another
resource is the Discovery materials at
helpigotaticket.com. "Best
Evidence" Here's my
untested (by me) theory of what to do if you've had a low
res. copy of the video (or other photos) discovered to
you. (Or if the officer is testifying about
the contents of a key document, but hasn't produced an
actual copy of that document.) There's a rule called
"Best Evidence." It means that at court they have to
submit their sharpest photo, not some fuzzy
copy. Or, if they are submitting a document,
they have to provide the uncondensed version of it, not a
summary of it or a memo about it. There's also the
rule that if they don't discover something to you in
advance, they can't use it at trial. My idea would
be to object to their use of the sharper video, since it
is different from what was discovered to you, and probably
contains a lot more information than the fuzzy one.
If the judge throws out the high resolution copy, the
police have no evidence against you, unless they are quick
on their feet and submit a lower res. copy as their
evidence - or even refer to your low res. copy, the one
they have
discovered. But if they tried to do that, I would
object to the admission of the low res. copy, under Best
Evidence.
Subpoenas If
you
need
a
document
for
court
and
it's
not
among
the
types
of
documents
that
you
can
obtain
via
Discovery,
a
Subpoena Duces Tecum is the way to get
it. For court purposes, you can not rely
on a Public Records Act request - there is no
quick way to enforce the deadlines. A
significant advantage of a Subpoena Duces
Tecum is that it can be done close to
the trial date. A disadvantage is
that the attorney for the City whose documents
you're asking for may file a motion to "quash"
your subpoena, claiming that the documents
you've asked for are not relevant to the
question of whether you ran the light.
Thus, you need to tailor your subpoena
carefully, to only ask for documents that you
believe you can prove are relevant.
(This contrasts with a Public Records Act
request, which carries no "relevance"
test.) An additional disadvantage
of using a subpoena is that you are not likely
to get to see the documents until the day of
your trial. Although
it
is
not
required,
I
recommend
that
you
staple
your
subpoena
to
a
"blue
back"
(available
at
some
stationery
stores,
or
you can make one) so that whoever
you serve with the subpoena will be less
likely to lose track of it in the big pile of
paperwork on their desk. The blue back
will also make it less likely that that person
will accidentally lose the last page or some
other critical page of your subpoena. For subpoenas, use the
latest form from the forms page
of the Judicial Council of California (the latest form
as of Sept. 9, 2007 is CR-125 ),
and
then
use
Fight Your
Ticket and the following additional info,
for guidance.
CR-125 Form - Additional Important Info The CR-125 form came out in July 2007 and is very different from previous forms - It doesn't ask you to provide a statement justifying your request for the materials. On the CR-125 form, at the bottom of page 1, there is a 1" by 1" box labeled "For court use only." This box is for the window clerk to stamp his seal. While someone may tell you that it is not necessary to have the subpoenas stamped, I strongly recommend that you do so. The easiest way to get stamped subpoena forms is to ask the court clerk to mail some to you - if you have time. Otherwise, go visit the courthouse. Also, the form doesn't make it perfectly clear who is to sign at the bottom of page 1. Is it the defendant, or is it the court clerk who stamped the subpoena for you? Some court clerks think that they are supposed to sign. I think it is the defendant. If you have asked the court clerk for subpoena forms, and the clerk has signed them at the bottom, I recommend that you place your signature down there too. And put your title, "in pro per," after your signature. Finally, it is important to serve the subpoena on the right person. It's supposed to be the "Custodian of Records." If you are asking for police department records, it will be a supervisor or department head at the police department. If you are asking for city records that are not kept by the police (for example, a copy of the contract that the city council signed with the camera company), the right person to serve will usually be the city clerk. See Fight Your Ticket for more details. Public
Records Act Requests Filing a request under the California Public Records Act (Government Code Section 6250, the "CPRA") is an easy way to get documents from a government agency, but it's not always the recommended way if you need those documents for a court appearance because the traffic court cannot force the city to comply with a public records request, whereas it can enforce your Discovery and subpoenas (although quite reluctantly). 6250. In enacting this
chapter, the Legislature, mindful of the right of
individuals to privacy, finds and declares that access
to information concerning the conduct of the people's
business is a fundamental and necessary right of every
person in this state. (Emphasis added.)
To view the rest of the CPRA, click:
Gov. Code
6250-6270. You can file a CPRA
request anytime and as often as you want - whether or
not you have a case pending in court. CPRA
requests can be filed by mail, by fax, by email, or in
person. The government agency is required to reply
within 10 days, although they have the right to notify
you that it will take them some extra time (and
frequently do so). Confine your request
to a reasonable number of documents - government
agencies can refuse to comply with a request if doing so
would be "burdensome" to them.
(You may be able to obtain more than the twelve seconds of video the city will show in court. Some cities have access to 24/7 video from their red light cameras, for 90 days or so. To get, for example, the one minute of video surrounding your alleged violation, you could do a public records request. Or, you may need to use a subpoena to get it.) Under the CPRA it doesn't matter why you want the documents. There is no "relevance" test, like there is with a subpoena. Under the CPRA you can go to the government offices and look at the documents you inquired about, for free. But if you want copies to take home with you, you will have to pay roughly 10 to 20 cents a page for the copying. (If you plan to use those documents in court, you should ask the city clerk or the custodian of records to certify them.)
The box immediately below contains a detailed discussion of copying cost. Refer to it if you feel that the government agency is overcharging you for copying documents.
A sample CPRA request is
below, in the bluish "wallpaper" area. You don't have to use
the City's standard form - if they have one. In all but the largest
cities, give or send your CPRA request to the city clerk
at City Hall. The city clerk is not part of the
court system - so you will be treated nicely
there! In large cities, and counties, address your
request, by name, to the person who is second-in-command
in the appropriate department, usually Public
Works. The suggestion to address the request to
the second-in-command is because the top person is
usually inundated with official notices of all kinds,
and yours could get lost in the deluge. If you have a case coming up soon in court, it probably is better to issue a Subpoena Duces Tecum, or file an informal Discovery, both covered on this page. If the agency denies your request, the CPRA says that the denial has to be in writing. 6255. (a) The agency shall
justify withholding any record by demonstrating that the
record in question is exempt under express provisions of
this chapter or that on the facts of the particular case
the public interest served by not disclosing the record
clearly outweighs the public interest served by
disclosure of the record. Section 6255 also says
that the denial letter has to "express" (cite, say, or
state) what Section of the Public Records act justifies
the denial; or, the letter has to explain how the public
interest in keeping the information confidential is more
important than the public interest in exposing the
information to public view.
One city went public with
how it would like to handle public records
requests. To a statewide survey conducted in 2006
by the Chula Vista Police Department, the Roseville
Police Department posted the following on a public
website: "The one annoyance is the people who have made
it their mission to fight photo red light citations by
making public records requests designed to annoy you and
create busy work. My recommendation is that you
save every related document somewhere and when you get
your first public records request you send them an
avalanche of paper and charge them accordingly." Another example of a
City's efforts to keep information from the public is
this advice emailed to the City's of Bell's incoming
Chief of Police Randy Adams by Assistant City
Manager Pier'Angela Spaccia during the
2009 negotiation of the Chief's contract: "We have crafted our
Agreements carefully so we do not draw attention to our
pay." "The word Pay Period is used and not defined in
order to protect you from someone taking the time to add
up your salary." In 2014 Ms. Spaccia was
sentenced to 11 years in jail. As shown by the
publication of the embarrassing emails from Bell, the
emails exchanged among city staff, councilmembers and
the public are public information. Except
when they involve attorney-client privilege. Even
when the councilmembers use their personal (non-city)
email address to conduct city business, those emails
may be public. Some cities are balking at
forcing their councilmembers to turn over those emails;
a suit (San
Jose v. Superior Court (Smith)) which reached the
Cal. Supreme Court in June 2014 may clarify the
situation. The very best book about
the CPRA is The CalAware Guide to Journalism
Law in California. See the Reference
section on the Links page for details about it. A two-page summary of the
CPRA is available here. One agency's public
records manual is available here.
Hearsay If you are going to the
trouble of obtaining documents, make the small
additional effort to make sure they will be admissible
in court. Documents you obtain from
non-government sources are hearsay and cannot be used as
evidence in court unless you bring in the person who
created them, to answer the opposition's questions about
the documents. However, documents created
by a government employee can come into evidence without
having the government employee present - because
there is an exception to the hearsay rule for documents
created by a government employee in the normal course of
their job. The documents need to be certified,
though.
Senate Bill 1303 of 2012 (effective
Jan. 1, 2013) eased the hearsay rules for
documents created by the camera companies. The
language the bill added is in italic
type, below.
See also Defect # 10 - D
on the Home page, the Goldsmith
and Annette B. cases, and SB 1303 on the
Action/Legis page.
Some cities claim that they don't have the info you want, but
the camera company does and you must send a request to
them in some distant place. Or, they claim that
the sheriff who serves their city has the info, and that
you must make your request to him.
If that happens to you, remind the city that the city paid for the camera company (or the sheriff) to create and maintain the records and as a result the records are the city's property (and responsibility to disclose) even if they are located off city premises at the camera company (or sheriff's office). There's another reason not to request or accept records directly from the camera company. The records you get will be hearsay, and useless in court, because they were obtained from a private entity, not a government agency. (See Hearsay, above.) Traffic Accident Statistics If you want to know how many accidents have occurred at a particular intersection, you can get that information from SWITRS - the Statewide Integrated Traffic Records System. SWITRS reports are available to cities and private individuals (you), at no cost, from the Information Services Unit of the CHP. (To get a report, go to their website at http://iswitrs.chp.ca.gov. Please note, however, that SWITRS will automatically send the City a copy of whatever they have provided to you.) Examples of their reports are in Set # 12 of Culver City Documents and in Set # 5 of Hawthorne Documents.
Forms
1. Public Records Request 2. Discovery
--------------------------------- (Scroll Down for the Forms) |
(The Discovery request is further down this page.)
The following sample Public Records Request asks for a lot of
documents. To reduce the number of copies you will have to
pay for, and to avoid a claim by the city that your request is
burdensome, I suggest that you eliminate any documents that you
do not plan to use. Please also note that there are two
versions of item M., and one of them requires your signature.
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PUBLIC RECORDS REQUEST
[[The sample Discovery request is
below this public records request]]
To: City Clerk, City of XXXXXXXX Fax Page 1 of 2
I. From:
XXX Name:
XXX Address:
XXX Phone (optional):
II. The following records or materials are requested. All pertain
to red light camera systems.
A. The original contract between your agency and its red light
camera vendor, with all attachments or exhibits. All updates,
amendments, extensions, renewals, or revisions thereto.
B. For each "intersection approach" or "approach" (defined as a
red light camera or cameras monitoring any or all lanes of traffic
entering an intersection from a single compass direction) within
your jurisdiction, the monthly (or if 'monthly' not available,
other periodic) tabulation or tally of citations recorded, issued,
discarded, and paid (fine collected), from the onset of the
program to the present.
Please also provide copies of any report or material in which said
tabulations, or figures derived from them, were presented or
disseminated to other agency employees or officials, the employees
or officials of other governmental agencies, members of the
public, or the media.
C. All invoices from said vendor to your agency, or other requests
to pay vendor, with all attachments or exhibits thereto. Also, a
list of all payments made to vendor, or if that is not available,
for each payment made, a voucher, check stub, counterpart or other
evidence of payment.
D(1). For red light camera installations within your jurisdiction,
your "uniform guidelines for screening and issuing violations and
for the processing and storage of confidential information..." as
mentioned by Vehicle Code 21455.5(c)(1). Or, an otherwise-entitled
document(s) having the same subject.
D(2). The "...procedures to ensure compliance with those
guidelines," as mentioned by Vehicle Code 21455.5(c)(1). Or, an
otherwise-entitled document(s) having the same subject.
D(3). Your "guidelines for selection of location," as mentioned by
Vehicle Code 21455.5(c)(2)(A). Or, an otherwise-entitled
document(s) having the same subject.
Please provide each record or material in (D) above in its
original form or edition. Please also provide all updates, new
editions, or revisions, with appropriate notation as to the record
or material's date.
E. Records of Warning notices (a.k.a. "warning tickets"), as
mentioned by Vehicle Code 21455.5(b), to wit:
(1) Please provide the first five (5) warning tickets issued
at the intersection of ________ and __________, as well as the
last five (5) warning tickets issued at said intersection.
Confidential information that would identify the driver should be
redacted, but please do not redact the city name and Zipcode
portion of the driver's address.
(2) Please provide records or reports indicating the
quantity of warning notices issued at said intersection, the
date(s) on which those warning notices were mailed, and the place
and manner of said mailing.
F. All materials of any kind, created or dated Jan. 1, 2001 to the
present and relating to any intersection that presently is, or is
to be, the site of photo enforcement, reflecting or discussing any
of the following: traffic congestion there, the rate of traffic
accidents there, the causes of traffic accidents there, corrective
measures taken or needed to be taken there (including enforcement
of traffic laws via either traditional methods or via photo
enforcement), or other traffic-related problems there. Please
provide any material reflecting how said photo enforced
intersection(s) ranked, in terms of safety or accidents, when
compared to other, not necessarily photo-enforced, intersections
in your jurisdiction.
Please also provide, for all intersections regardless of whether
they are photo enforced, or not, any material reflecting
jurisdiction-wide intersection rankings in terms of safety or
accidents.
G(1). The staff report(s), with any attachments, from the public
hearing required by Vehicle Code 21455.6(a), the "Tear Sheet" for
the newspaper notice of said public hearing, the minutes of said
public hearing, and any written materials or communications
submitted for said hearing by vendors, bidders, members of the
public, or representatives of governmental entities.
G(2). The staff report(s)
for any additional hearings or public meetings (aside from the
required public hearing) where installation of a red light camera
system, or adoption of a red light camera contract, was under
consideration or was to be voted upon, the minutes for said
additional hearings/meetings, and any materials or communications
submitted for said additional hearings/meetings by vendors,
bidders, members of the public, or representatives of governmental
entities.
H. The signal timing charts for all intersections presently having
red light camera installations (or where such an installation has
been approved for construction), reflecting the present signal
timing settings and the direction of travel to which each numbered
phase is assigned. Also, any previous versions of said charts
reflecting different signal timing settings in use Jan. 1, 2002 or
thereafter. If for any of said charts the revision or creation
date would not be evident and clear from reading the requested
photocopy, please add appropriate notations or attach a cover
letter.
K. For each of the intersections described in (H) above (including
those approved for construction), the radar speed survey(s)
applicable to any portion, within 1/2 mile, of a
there-intersecting street whose traffic is subject to photo
enforcement. (This request excludes surveys of streets that are
solely the completion place of photo enforced turning movements.)
Said surveys should include both the current survey and any
earlier version that was applicable or in effect anytime after
Jan. 1, 1995. Said surveys should cover both directions of travel
at each surveyed location, and should include at a minimum, the
field technician's chart of individual driver's speeds actually
measured, and the traffic engineer's discussion of the speed limit
chosen.
L. Any other staff report (with any attachments) regarding red
light cameras and which was presented to the city council or city
commissions or boards on or after Jan. 1, 2001.
M.
XXX ( ) The first ten (10)
citations issued for each approach during the month of OCTOBER
2005, as well as the last ten (10) issued during that month for
each approach. Confidential information that would identify the
driver should be redacted, but direction of movement (straight
through, left, right, eastbound, westbound, etc.) should be
preserved.
OR
XXX ( ) The first ten (10) citations issued for each
approach during the month of OCTOBER 2005, as well as the last ten
(10) issued during that month for each approach. Confidential
information may be redacted, but the address of the driver and the
direction of movement (straight through, left, right, eastbound,
westbound, etc.) should be preserved. The following is the
required declaration under Government Code Section
6254(f)(3). I declare under penalty of perjury that this
request is made for a scholarly, journalistic, political or
governmental purpose, and that the address information obtained
will not be used directly or indirectly or furnished to another,
to sell a product or service to any individual or group of
individuals.
XXX Signed:
XXX Date:
III.
XXX ( ) This request is for copies of the
above records or materials, to be mailed to me. However, if any
of these documents are available in electronic format, please
email them to me (per Govt. Code 6253.9.) at
XXXX@XXXXXXXXX.
XXX ( ) This request is for CERTIFIED copies of the above
records or materials.
XXX ( ) This request is, initially, just for inspection of
the above records or materials. If I wish to have you provide me
my own copies of any of said records or materials, I will make
that request at, or after, the time of inspection.
IV. Your attention is drawn, in particular, to Government Code
Sections 6253 and 6253.1. If there are any public records that you
seek to withhold, please state the reasons therefor. In addition,
you must assist requester in identifying public records and
information responsive to this request; and you have an obligation
to "[p]rovide suggestions for overcoming any practical basis for
denying access to the records and information sought."
V. Date of request: XXXXXXXX
VI. Faxed to #: XXX XXXXXXX
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2. DISCOVERY
The following Discovery request asks for a lot of documents, and
I recommend that you ask for all of them. You never know
what might turn up! I also recommend that you have a
friend execute the Proof of Service found at the end of the
Discovery request.
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REQUEST FOR DISCOVERY
(INFORMAL):
XXX John Smith, Defendant in Pro Per
9999 Main Street
Any City, CA 99999-9999
(999) 999-9999
XXX __________________, 2005
Office of the District
Attorney, County of ____________
Attn: Discovery Clerk
999999 Any Blvd.
Any City, CA 99999-9999
By
facsimile to (999) 999-9999
XXX Office of the City Attorney
Attn: Discovery Clerk
XXX City Hall
999999 Any Blvd.
Any City, CA 99999-9999
By
facsimile to (999) 999-9999
Office of the City Prosecutor
Attn: Discovery Clerk
XXX City Hall
999999 Any Blvd.
Any City, CA 99999-9999
By
facsimile to (999) 999-9999
cc:
Bench Officer, Traffic Docket
Superior Court
999999 Big Blvd.
Any City, CA 99999-9999
Re: Discovery Request
XXX People vs. __________________
XXX Citation No. _________________
XXX Date of alleged violation ____________________
XXX Subject intersection: ____________________
XXX To the Office of the District Attorney, City Attorney, City
Prosecutor:
I represent myself in the above-referenced case. I am
hereby giving notice, pursuant to Penal Code Sections 1054,
1054.5(b), and 19.7, that I am requesting disclosure and
production of the following materials and information within
fifteen (15) days of the date of service of this request:
1. The names and addresses of all witnesses who may be
called to testify against the defendant at the trial.
2. All statements regarding this case, whether written or
oral, made by any potential witness in this case, whether or not
the prosecution intends to call them at trial. The
contents of any such oral statements must be disclosed only to
the extend that they are not presently contained in police
reports or citations given to the defendant, but the People must
disclose all additions to, deletions from, denials, explanations
and clarifications of such statements contained in the police
reports and citations, including all tangible evidence which
relates to this case, whether or not the prosecution intends to
introduce the evidence at trial.
3. All handwritten notes and/or case memorandums, if any,
made by any or agent or employee of the City's red light camera
contractor, regarding the officer's, agent's or employee's
conversations or interviews with witnesses and/or the defendant
in the present case, or regarding his review of documents,
citations and photographs, and any written report based on those
conversations, interviews, or review of said materials.
4. Examination
of any books, papers, documents, photographs, tangible objects
or other physical evidence which the People intend to use in the
trial or which were obtained or created in the investigation,
initiation, or service of the case against the defendant
(including proof of service, certificate of mailing, or other
evidence of mailing). Copies of all exhibits,
including any diagrams, charts, or system logs, the People
intend to present at the trial. Defendant In Pro Per
herein requests to make an appointment to view the original
exhibits in advance of trial. Please also assure that if any
provided photos were originally recorded "digitally," the photos
under provided under this discovery also are in a digital form.
5. Copies
of all photos or videos taken of the defendant or of the vehicle
he is alleged to have been driving, at or near the time of the
alleged violation in this case. This request includes, but
is not limited to, copies of the photographs allegedly taken
during defendant's alleged encroachment into the aforementioned
intersection, and copies of the additional modified
photo-enlargements depicting a close-up driver's image and a
close-up license plate photo. Please assure that all
copies of photographic materials (still or video) are the same
resolution as the originals and have not been cropped or trimmed, and that
all copies of videos are the same length and "frame rate"
(frames per second) as the originals. Please also assure
that if the original photos were "digital," the copies
provided are also in a digital form.
6. Examination of all original photographs, digital
images, superimposed images, transparencies, slides, diagrams,
motion pictures and/or video tapes, composites or likenesses
shown to or reviewed by witnesses and prospective witnesses in
this case for the purpose of establishing the identity of
suspects in the crime charged against the defendant; and all
reports concerning the display of such to said witnesses.
7. All reports of
experts, police officers, service technicians, and investigators
made in conjunction with the case involving the results of
physical or mental examinations and/or scientific tests,
including but not limited to the reports and results of those
who examined the photographs, registration records, and data
collected in order to request that prosecution be initiated in
this matter, together with the reports and results of those who
examined the technology and made any such conclusions that the
technology was calibrated and/or in proper working order.
8. All laboratory,
technician and other reports concerning the testing and
examination of said physical evidence. This request
specifically includes the calibration and maintenance documents
for the red light camera device(s) installed at the subject
intersection (noted above), and the calibration and maintenance
documents for the traffic signals at said intersection, with
said records to include 366 days prior to the instant violation
and thirty days subsequent thereto. This request also
specifically includes all documents pertaining to signal light
timing for all traffic signals at said intersection. This
information should include copies of timing requirements,
warrant requirements and specifications for all yellow light
phases at said intersection. It should also include copies
of any changes or alterations in light phase duration since the
installation of the traffic signal lights, including any changes
in light phase duration since the installation of the automated
enforcement system at said intersection.
9. Investigation, maintenance, and repair reports
pertaining to this case or other photo enforcement cases that
allegedly occurred within one month before and one month after
the alleged violation in this case, whether written or oral, by
the office of the city attorney, the City’s police
department, the City’s red light camera contractor, or any
other investigators, technicians, subcontractors, or repair
workers.
10. Copies of
evidence by which the People intend to demonstrate compliance
with the Vehicle Code Sec. 21455.5(b) requirement for the
issuance of warning notices.
11. A copy of the City's "uniform guidelines for screening
and issuing violations and for the processing and storage of
confidential information...," as discussed in Vehicle Code Sec.
21455.5(c)(1), as effective on the date of
the alleged violation.
12. A
copy of the City's "...procedures to ensure compliance with
those guidelines," as discussed in Vehicle Code Sec.
21455.5(c)(1), as effective on the date of
the alleged violation.
13. A copy of the City's "guidelines for selection of
location," as discussed in Vehicle Code Sec. 21455.5(c)(2)(A), as effective on the date of installation of the
subject camera.
14. A copy of the signed and dated contract between the
City and the camera contractor, as effective on the date of the
alleged violation, including all attachments or "exhibits"
thereto. All updates, amendments, extensions, renewals, or
revisions thereto.
15. Information and materials favorable to the accused and
material either to guilt or to punishment (Brady v. Maryland
(1963) 373 U.S. 83, 83 S.Ct. 1194.), or mandated by the United
States Constitution (Penal Code Sec. 1054(e).), as follows:
(a). Exculpatory evidence, i.e., any evidence,
information, documents and other materials favorable to the
defendant in the possession of the office of the city attorney,
or of any police department involved in the investigation of the
case against defendant, or of any agency or person and available
to the prosecution through the exercise of due diligence.
(Randle v. City and County of San Francisco (1986) 186 Cal.
App.3d 449; Evans v. Janing (8th Cir., 1973) 489 F.2d 470; U.S.
v. Eley (N.D. Ga, 1972) 335 F.Supp. 353.) This request
item includes copies of the logs for the operation of the camera
system during the hour before, and the hour after, the
violation.
(b). The names and addresses and copies of the citations
of all those individuals who have also been charged with the
same violation arising at the same intersection on the same date
as the defendant.
16. The traffic accident history for each intersection
with an installed red light camera unit in the city for the
years 1998 through the present. This request includes
summaries, accident reports, investigation reports and records,
associated memoranda and statistical compilations. This
request pertains to all traffic accidents, regardless of cause.
Materials concerning the selective and discriminatory
enforcement of the red light camera enforcement program:
17. Any and all records, notices, tickets, reports and/or
photographs made, taken or issued in conjunction with the red
light camera program
at the subject intersection (noted above), in the time period
between thirty days prior to the instant violation and thirty
days subsequent thereto, and which did not result in prosecution. This
request includes any error logs delivered or required to be
delivered to the operations manager (or other supervisor of said
program) and further includes, but is not limited to, a failure
to issue for any or all of the following reasons:
A. The driver could not be clearly identified.
B. Government vehicle or employee.
C. Warning ticket issued.
18. The following is disclosed to you pursuant to
Penal Code Sec. 1054.3:
A. Names and addresses of witnesses (other than
defendant) who will testify at trial (check one):
XXX ( ) None.
XXX ( ) The following:
B. Relevant unprivileged written or recorded
statements of witnesses (check one):
XXX ( ) None.
XXX ( ) See attached.
C. Real evidence which the defendant intends to
offer in evidence at the trial (check one):
XXX ( ) None.
XXX ( ) See attached.
Defendant asks that this
request be treated as a continuing request through the
completion of trial. Do not hesitate to contact me if I
can be of assistance of any kind. Thank you for your
prompt attention regarding this matter.
Sincerely,
XXX John Smith
Defendant In Pro Per
PROOF OF SERVICE BY MAIL
XXX John Smith, Defendant
in Pro Per
9999 Main Street
Any City, CA 99999-9999
(999) 999-9999
Bench Officer, Traffic Docket
Superior Court
999999 Big Blvd.
Any City, CA 99999-9999
Re: Request for Discovery (Informal)
XXX People vs. __________________
XXX Citation No. _________________
I declare that:
1. At the time of
service I was at least 18 years of age and not a party to this
legal action.
2. I am a resident of or employed in the county where the
mailing occurred.
3. My business or residence address is
__________________________
4. I served copies of the following paper(s) in the manner
shown:
a. Papers served
[list exact titles of paper(s)]:
Request for Discovery
(Informal)
b. Manner of
service: by placing true copies in a sealed envelope
addressed to each person whose name and address is given below
and depositing the envelope in the United States Mail with the
postage fully prepaid.
(1) Date of Deposit
___________________
(2) Place of Deposit (city
and state) __________________________________________
5. I declare under
penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
Executed on
_________________ at ____________________________ California.
Print Name
___________________________
___________________________________
Signature of Person Who Served Papers
[Address of City Attorney]
[Address of anyone else you have served]
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