You have now typed
up your Informal Discovery and now need to deliver it to the arresting
agency (the cops). I prefer to hand deliver. Reason is dealing with
the cops and the courts is scary, it makes your heart palpitate. So to
overcome my fear, I prefer to meet it head on. Plus it gives me a
feeling of empowerment. And when I deliver the Proof of Service, I
always have my voice recorder turned on just to record any kind of
argument. When you deliver the POS, you are serving the
cops...legally. When you deliver, you need to get the person's name who
took the discovery and note the time. That has to be noted on the
POS. Now if you can't deliver in person, you can also mail. But do it
Certified. Then note the POS mailed through United States Post
Office...and give the address.
You
then take two copies of your informal discovery request along with 2
copies of your proof of service and deliver to the court clerk. The
clerk is to stamp one copy and give back to you. One copy will go in
the court file, that way the judge can see you requested the discovery;
the other copy goes in your file in case you have to prove to the judge
you requested and filed with the Courts.
Now
study the Discovery. The things asked are really an excellent starting
point for creating questions for the officer. It is best to try and
come up with as many questions as possible. This is your opportunity to
make the cop jump. You do not want to drop the hammer right away, you
have to lay a "foundation."
I
would recommend acquiring a copy of the California Vehicle Code
book...they cost about $11.00 and can be purchased at the DMV. You can
look things up on line, but I prefer the book. Mark prefers on line,
but he is much more in tune with the laws and knows how to pinpoint
exactly what he is looking for. Me, I end up weeding through too much
on crap on the internet.
Also,
the BOLT website is an excellent source of info. It is a bit hard to
navigate , but Mark did a great job of getting the info on line. One of
the problems is you need to know what to look for or it doesn't make
much sense.
Back
to the informal discovery; why request 1a? This is the biggest area
(besides getting the ticket) that bikers get screwed on. They simply do
not take the time to understand why and how the cop/courts are screwing
them. BOLT has corrected this through lawsuits, yet if the bikers are
unwilling to learn and keep being suckers...what good were those
lawsuits?
The
helmet violation is under Division 12 of the Motor Vehicle Code.
Division 12 is equipment...tail lights, head lights and so on. All are
to be written as CORRECTABLE unless 3 disqualifying conditions are
met...in regards to a helmet citation...if the cop let you ride off with
the same helmet he has just violated the law if he wrote your ticket as
non correctable. The second attachment is from the BOLT website.
You
really really and really need to understand this. The court clerk will
jerk you around, the cops will jerk you around and sometimes the
judge. Writing the ticket as non correctable is a civil rights
violation...which we will go over in the internal affairs complaint.
Understand this. Email me with questions. Knowledge is power. You
will have to have some understanding of the law, not necessarily as well
as Mark does, but some understanding which we will go over further down
the road.
All
of what we are doing; you or the ticketed biker are working on this
right after the ticket was received...weeks if not months prior to the
arraignment date. You simply cannot procrastinate. It is a learning
process. Little steps
I
have been asked to discuss what to do at the time of the stop...I will
go over that in a bit. Because you really need to have some
understanding of the law and the vehicle code. You cannot do something
and say "BOLT said so", you must understand why.
1b)
Why this one? Many times I asked the violated biker, did the cop take a
picture? Usual response, "I don't know". We want to see any and all
photos AND audio recordings AND a copy of all of the officers notes way
in advance of the actual hearing. That is why you must start the
process right after getting the ticket; It is preparing for battle.
You must remember YOU (we) are coming from the moral high ground. We
have not violated the law, the cop has. We want to enter that battle
from a position of strength which is OFFENSE...not defense. We want to
put the cop of the defense.
Email
me with any questions. Any questions that I share will not have your
name or info. All questions are good and I will do my best to answer or
find the answer.
End of the lesson for today. I will finish up on the informal discovery on part 3
First Middle Last
xxxx Price Street
Yuba City, CA 95962
Defendant in Pro Per
(530) 555-xxxx |
FOR COURT USE ONLY
|
SUPERIOR COURT OF CALIFORNIA,
COUNTY OF SUTTER
Courthouse East, 463 Second Street
Yuba City, CA 95591
(530) 822-3303
| |
PEOPLE
OF THE STATE OF CALIFORNIA
v.
FIRST MIDDLE LAST, Defendant.
| |
| I
served a copy of the following documents (list the title of each document
served): Discovery Request per Penal Code 1054 and 1054.5 On (person served): __________________________ [ X] By personally delivering copies to the person served, as follows: Date: September 2, 2011 Time: __________ a.m./p.m. 1545 Poole Blvd. Yuba City, California 95993 [ ] By mailing copies to the person served, as follows: Date: Place of mailing (address): At the time of service I was at least 18 years of age and [ ] am [X] am not a party to this cause. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Date: September 2, 2011 Name of Server : First, Last Address : 2267 Juice Street, Steel, CA 95xxx
Proof of Service
| |
