Name:     Steve Smith

Address: 1000 Homestead Rd.,

               Cupertino, CA 95014

Defendant in Pro Per

 

 

 

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SANTA CLARA

PALO ALTO COURTHOUSE

270 Grant Avenue, Palo Alto, CA 94306

 

Citing Agency

Los Altos Police Department

Notice to Appear’s Citation Number

C 1234567

Date Issued

April 30th, 2010

Case Number

9-08-TR-123456

 

INFORMAL DISCOVERY REQUEST (Traffic Infraction)

California Penal Code Section 1054, et. seq., California Penal Code Section 19.7

 

 

 

TO THE DISTRICT ATTORNEY FOR THE ABOVE-REFERENCED COUNTY AND THE POLICE OFFICER OF THE ABOVE-REFERENCED POLICE DEPARTMENT:

 

Pursuant to California Penal Code Section 1054, et seq., and California Penal Code Section 19.7, I, the above-named defendant, hereby requests that you provide disclosure of the following:

 

  1. Defendant’s statements and any and all relevant written or recorded statements of witnesses, including any statements, diagrams, made by the citing police officer on the reverse of the above-referenced Notice to Appear or on any piece of paper or other medium of information storage.
  2. The names and addresses of all prosecution witnesses who will testify at trial.
  3. Any engineering and traffic survey within the meaning of California Vehicle Code Section  627(a), conducted within the last five years, which justifies the prima facie speed limit relevant to the alleged violation charged in the above-referenced Notice to Appear.
  4. The issuing officer’s training records that pertain to his instructions, certifications, or continuation of traffic speed enforcement, and to the instruction and certification in the use of the speed measuring device that was used to ascertain the speed of the vehicle described in the above-referenced Notice to Appear.
  5. Any copies of the departmental operations or procedures manual used for the training of this RADAR operator.
  6. The officer’s daily log for the day of April 30th, 2010.
  7. The officer’s RADAR log for the day of April 30th, 2010.
  8. Detailed information of how a RADAR was being used to ascertain the speed of the vehicle described in the above-referenced Notice to Appear.
  9. The RADAR beam width measured in degree which was pointing at the vehicle described in the above-referenced Notice to Appear.
  10. The distance between the RADAR and the vehicle described in the above-referenced Notice to Appear during the period of time where the speed was measured.
  11. The name, model, and serial number of the device used to ascertain the speed of the vehicle described in the above-referenced Notice to Appear, and the serial numbers and type (i.e. tuning for a particular speed measurement) of the tuning forks used to test the speed-measuring device or RADAR.
  12. Copies of the maintenance, certification, and calibration records, for the last twelve months, of the speed-measuring device that was used to ascertain the speed of the vehicle described in the above-referenced Notice to Appear.
  13. A copy of the FCC (Federal Communications Commission) License that authorized the issuing police agency and operator of the speed-measuring device or RADAR to lawfully operate the device on a specific frequency and/or range of frequencies.
  14. A copy of the portion of the radar unit manufacturer’s operator manual relating to field use and operation.
  15. A copy of both sides of the officer’s copy of the above-referenced Notice to Appear.
  16. A copy of any documentary evidence to be introduced at trial.
  17. When the issuing officer has just began to pace or clock the vehicle described in the above-referenced Notice to Appear:

i)              The  distance between the issuing officer’s vehicle and the vehicle described in the above-referenced Notice to Appear.

ii)             The initial speed of the issuing officer.

iii)            The time it took the issuing officer paced or clocked the vehicle described in the above-referenced Notice to Appear.

  1. The calibration record or certification of speedometer of the issuing officer’s vehicle for the above-referenced Notice to Appear.
  2. The “Clocking Slip” of the issuing officer’s speedometer.
  3. The year, make, and model of the issuing officer’s vehicle for the above-referenced Notice to Appear.
  4. The year, make, and model of the speedometer of the issuing officer’s vehicle for the above-referenced Notice to Appear.
  5. The maintenance records and mileage of the issuing officer’s vehicle for the above-referenced Notice to Appear.

 

I am requesting that all of the above-requested items (a)-(v) be mailed to me, the above-referenced Defendant, at the above Defendant’s address.

 

Pursuant to California Penal Code Section 1054.5(b), I require these records to be delivered within fifteen (15) days counting from Sept 30th, 2010, the first business day after the preparation and mailing of this request, the due date for response to this request is day, Oct 15th, 2010 (Pacific Standard Time).

 

 

Cc: Palo Alto Courthouse

Cc: Los Altos Police Department

Encl: Copy of “Notice to Appear”

         Copy of “Courtesy Notice”

 

 

 

 

 

 

 

                                                                                     Sincerely,

 

{you MUST sign here!}

______________________

 

STEVE SMITH

Defendant in Pro Per