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    The defendant in a traffic case requests discovery documents from the prosecution pursuant to California law. Specifically, the defendant requests: (1) a list of all prosecution witnesses; (2) records of maintenance and calibration of the radar/laser unit used; (3) certifications for the officer regarding use of the unit; and (4) the officer's notes on the case including copies of the ticket. The defendant notes that the law uses the word "shall" regarding disclosure, and interprets a failure to provide documents as an exercise of discretion not to prosecute under the Government Code.

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    The defendant in a traffic case requests discovery documents from the prosecution pursuant to California law. Specifically, the defendant requests: (1) a list of all prosecution witnesses; (2) records of maintenance and calibration of the radar/laser unit used; (3) certifications for the officer regarding use of the unit; and (4) the officer's notes on the case including copies of the ticket. The defendant notes that the law uses the word "shall" regarding disclosure, and interprets a failure to provide documents as an exercise of discretion not to prosecute under the Government Code.

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    5 views2 pages

    Disc Radar

    Uploaded by

    kennysanders
    The defendant in a traffic case requests discovery documents from the prosecution pursuant to California law. Specifically, the defendant requests: (1) a list of all prosecution witnesses; (2) records of maintenance and calibration of the radar/laser unit used; (3) certifications for the officer regarding use of the unit; and (4) the officer's notes on the case including copies of the ticket. The defendant notes that the law uses the word "shall" regarding disclosure, and interprets a failure to provide documents as an exercise of discretion not to prosecute under the Government Code.

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    <NAME> <ADDRESS> <CITY>, CA <ZIP> <PHONE> Pro Per

    SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF <COUNTY NAME>, <JUSTICE CENTER or BRANCH> PEOPLE OF THE STATE OF CALIFORNIA, Case No. ___ vs. DISCOVERY REQUEST <NAME>

    Pursuant to California Penal Code sections 1054 and 1054.1, and California Government Code section 26500, the defendant in the above entitled matter does hereby request under discovery the following: A list of all witnesses for the prosecution. A copy of all records regarding the maintenance and calibration of the <radar/laser> unit used in this case; A copy of each and every certification issued to Officer <Officers name> involving the use of said <radar/laser> unit.

    A copy of all of Officer <Officers name>s notes on this case including copies of the front and back of the officers copy of the ticket.

    Please note: PC 1054.1 uses the imperative, shall disclose. The only place in the law where we find any choice in this matter is in Government Code 26500, which states in part: The public prosecutor shall attend the courts, and within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses. (emphasis added) Obviously the public prosecutor would not violate the law, therefore we will have to interpret a failure to provide the documents requested under discovery as an exercise of the discretion provided for in GC 26500 and a decision not to prosecute this case. This request is made on this the <date>th day of <Month> <year>.

    <Defendants Name>

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