Imperial County Superior Court

P.O. Box 1087

Winterhaven, California 92283-1087



Monday, June 20, 2003



Your honor, the prosecution has failed to provide the discovery I properly requested for case# WI-077863 citation# MD-17543 I move to dismiss the case on account of the prosecution's failure to provide discovery. Here is a copy of the written request I made more than 15 days ago for the officer's notes, record, log files, calibration records for any speed detection used by the officer, the operator's manuals and all engineering reports and studies performed in the determination of the posted limit to include, but not limited to the most recent 85th percentile speed measurement and any collision date used in the determination of the posted limit. I sent them to the Imperial County Superior Court in Winterhaven California, and the California Highway Patrol, and they both have ignored my request. I have not waived my right to a speedy trial, and I shouldn't have to. I can't properly prepare for this trial without these documents. The cause for these documents will support Code 40802 and 40803 of the California Vehicle Codes and also Code 1054.1. of the California Penal Code. As a result, I request that the charges against me be dismissed.



40802. (a) A "speed trap" is either of the following:

(1) A particular section of a highway measured as to distance and

with boundaries marked, designated, or otherwise determined in order

that the speed of a vehicle may be calculated by securing the time it

takes the vehicle to travel the known distance.

(2) A particular section of a highway with a prima facie speed

limit that is provided by this code or by local ordinance under

subparagraph (A) of paragraph (2) of subdivision (a) of Section

22352, or established under Section 22354, 22357, 22358, or 22358.3,

if that prima facie speed limit is not justified by an engineering

and traffic survey conducted within five years prior to the date of

the alleged violation, and enforcement of the speed limit involves

the use of radar or any other electronic device that measures the

speed of moving objects. This paragraph does not apply to a local

street, road, or school zone.

(b) (1) For purposes of this section, a local street or road is

defined by the latest functional usage and federal-aid system maps

submitted to the federal Highway Administration, except that when

these maps have not been submitted, or when the street or road is not

shown on the maps, a "local street or road" means a street or road

that primarily provides access to abutting residential property and

meets the following three conditions:

(A) Roadway width of not more than 40 feet.

(B) Not more than one-half of a mile of uninterrupted length.

Interruptions shall include official traffic control signals as

defined in Section 445.

(C) Not more than one traffic lane in each direction.

(2) For purposes of this section "school zone" means that area

approaching or passing a school building or the grounds thereof that

is contiguous to a highway and on which is posted a standard "SCHOOL"

warning sign, while children are going to or leaving the school

either during school hours or during the noon recess period. "School

zone" also includes the area approaching or passing any school

grounds that are not separated from the highway by a fence, gate, or

other physical barrier while the grounds are in use by children if

that highway is posted with a standard "SCHOOL" warning sign.

(c) (1) When all of the following criteria are met, paragraph (2)

of this subdivision shall be applicable and subdivision (a) shall not

be applicable:

(A) When radar is used, the arresting officer has successfully

completed a radar operator course of not less than 24 hours on the

use of police traffic radar, and the course was approved and

certified by the Commission on Peace Officer Standards and Training.



(B) When laser or any other electronic device is used to measure

the speed of moving objects, the arresting officer has successfully

completed the training required in subparagraph (A) and an additional

training course of not less than two hours approved and certified by

the Commission on Peace Officer Standards and Training.

(C) (i) The prosecution proved that the arresting officer complied

with subparagraphs (A) and (B) and that an engineering and traffic

survey has been conducted in accordance with subparagraph (B) of

paragraph (2). The prosecution proved that, prior to the officer

issuing the notice to appear, the arresting officer established that

the radar, laser, or other electronic device conformed to the

requirements of subparagraph (D).

(ii) The prosecution proved the speed of the accused was unsafe

for the conditions present at the time of alleged violation unless

the citation was for a violation of Section 22349, 22356, or 22406.

(D) The radar, laser, or other electronic device used to measure

the speed of the accused meets or exceeds the minimal operational

standards of the National Traffic Highway Safety Administration, and

has been calibrated within the three years prior to the date of the

alleged violation by an independent certified laser or radar repair

and testing or calibration facility.

(2) A "speed trap" is either of the following:

(A) A particular section of a highway measured as to distance and

with boundaries marked, designated, or otherwise determined in order

that the speed of a vehicle may be calculated by securing the time it

takes the vehicle to travel the known distance.

(B) (i) A particular section of a highway or state highway with a

prima facie speed limit that is provided by this code or by local

ordinance under subparagraph (A) of paragraph (2) of subdivision (a)

of Section 22352, or established under Section 22354, 22357, 22358,

or 22358.3, if that prima facie speed limit is not justified by an

engineering and traffic survey conducted within one of the following

time periods, prior to the date of the alleged violation, and

enforcement of the speed limit involves the use of radar or any other

electronic device that measures the speed of moving objects:

(I) Except as specified in subclause (II), seven years.

(II) If an engineering and traffic survey was conducted more than

seven years prior to the date of the alleged violation, and a

registered engineer evaluates the section of the highway and

determines that no significant changes in roadway or traffic

conditions have occurred, including, but not limited to, changes in

adjoining property or land use, roadway width, or traffic volume, 10

years.

(ii) This subparagraph does not apply to a local street, road, or

school zone.







40803. (a) No evidence as to the speed of a vehicle upon a highway

shall be admitted in any court upon the trial of any person in any

prosecution under this code upon a charge involving the speed of a

vehicle when the evidence is based upon or obtained from or by the

maintenance or use of a speedtrap.

(b) In any prosecution under this code of a charge involving the

speed of a vehicle, where enforcement involves the use of radar or

other electronic devices which measure the speed of moving objects,

the prosecution shall establish, as part of its prima facie case,

that the evidence or testimony presented is not based upon a

speedtrap as defined in paragraph (2) of subdivision (a) of Section

40802.

(c) When a traffic and engineering survey is required pursuant to

paragraph (2) of subdivision (a) of Section 40802, evidence that a

traffic and engineering survey has been conducted within five years

of the date of the alleged violation or evidence that the offense was

committed on a local street or road as defined in paragraph (2) of

subdivision (a) of Section 40802 shall constitute a prima facie case

that the evidence or testimony is not based upon a speed trap as

defined in paragraph (2) of subdivision (a) of Section 40802.







1054.1. The prosecuting attorney shall disclose to the defendant or

his or her attorney all of the following materials and information,

if it is in the possession of the prosecuting attorney or if the

prosecuting attorney knows it to be in the possession of the

investigating agencies:

(a) The names and addresses of persons the prosecutor intends to

call as witnesses at trial.

(b) Statements of all defendants.

(c) All relevant real evidence seized or obtained as a part of the

investigation of the offenses charged.

(d) The existence of a felony conviction of any material witness

whose credibility is likely to be critical to the outcome of the

trial.

(e) Any exculpatory evidence.

(f) Relevant written or recorded statements of witnesses or

reports of the statements of witnesses whom the prosecutor intends to

call at the trial, including any reports or statements or experts

made in conjunction with the case, including the results of physical

or mental examinations, scientific test, experiments, or comparisons

which the prosecutor intends to offer in evidence at the trial.



P.S With this letter, I won the case. Thanks to 55 for the researh page, I was able to use California laws to beat this ticket. I advise all drivers to do a little research on the state laws and fight your ticket. Thanks..........