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Photo Red Light Ticket Defense - San Diego


 The Stewart Case Trial Brief

DISCLAIMER


Use of this information does not constitute representation by or legal advice from any attorney and there is no guarantee as to its accuracy or effectiveness. It is intended to give persons who are defending their own Photo Red Light California Vehicle Code 21453(c) tickets in San Diego traffic court a couple of options to preclude evidence obtained by a speed trap. This has been successful in the past when argued in the case of People v. Stewart, April 27, 2000 at San Diego Superior Court - Traffic Division. There is no guarantee of any kind that use of this motion will be successful in getting your case dismissed. (But we definitely wish you good luck!)

You may use this information in two ways:

OPTION A.   As a formal motion to be considered as a written motion by the court.

If you choose this method, you need to file it in advance with the court and serve it upon the prosecutor's office (in San Diego - file it with the Office of the City Attorney at 1200 Third Avenue, 7th Floor, San Diego, CA 92101).  You may use the form at the last page of this package. Have an adult friend go to the City Attorney's office, give them a copy of the motion, and fill out the PROOF OF SERVICE information under penalty of perjury. Keep the original proof of service form. You can also have it served upon the City Attorney by a process server or marshall. The motion must be filed with the court and served at least 15 days before your trial date.  If your trial is closer than 15 days, use Option B.

Instructions to use this as a formal motion:

1) Fill in the information needed, all blanks in the form, and sign the form. The information should be for the person accused of the violation, and they should sign it.

2) Make four copies of it, staple them each in the upper left-hand corner. You have one original and four copies. Using a two-hole punch, punch two holes centered in the top of the signed original.

3) Take the original and all copies to the Court Clerk and file it at least 15 days before your trial date.  The clerk will take the original and one copy for the court. Tell the clerk you want to have the motion heard at the trial. Get all copies stamped with the time and date of filing.

4) Serve a copy of the motion on the prosecutor and keep the original completed Proof of Service form for trial.

5) This formal motion will be heard as soon as your case is called. Just tell the judge you wish her/him to consider the written motion. If it is relevant to the speed trap argument, you can make verbal argument as well, but do not restate things you already have in the printed motion.

6) The judge may not follow the Stewart ruling and decide to not grant your motion. If this happens, the speed evidence obtained by the photo enforcement system will be admitted at your trial. In this case, you should be prepared to make any other arguments you have and proceed with trial.

OPTION B.  At the trial, object to the admission of speed evidence.

If you choose this method, when your case is called, just tell the judge that you object to the use of speed evidence at your trial. When asked why, simply read aloud or paraphrase in your own words the argument (Roman numeral I and conclusion section) of the POINTS AND AUTHORITIES paper. It contains the necessary legal citations you will need to put on the record in order for the judge to rule on your objection.



DOWNLOAD INSTRUCTIONS


Both the Photo Red Light Ticket Defense and The Stewart Case Trial Brief are delivered in an executable format for downloading ease.  Simply select your word processing format by clicking one of the choices below.

Photo Red Light Ticket Defense

  •    Microsoft Word 97 format, click here.

  •    WordPerfect 8.0 format, click here.

  •    Text format, click here.

The Stewart Case Trial Brief

  •    Microsoft Word 97 format, click here.

  •    WordPerfect 8.0 format, click here.

  •    Text format, click here.

 

Once the file is downloaded.  Locate the directory (see diagram below) to which you saved the file (i.e. C:/TEMPORARY) and double click on the pleading.exe file.



A window will open displaying the WinZip Self Extracting Utility program (see diagram below).



Please note the unzip to folder area of the pop up window and write it down so you know where this pleading will be located once it is "unzipped".


Then click on the Unzip button.


A pop up box is then displayed showing that 1 file has been unzipped successfully.  Click on OK and then Close the dialog box.


Next, find the directory where the pleading.exe was unzipped to and double click it.  This will then launch the

pleading in the appropriate word processing format.




NOTE:  If you have any difficulties unzipping this file, please consult with a computer programmer in your area.  PLEASE DO NOT contact the law firm of Judith A. Litzenberger, as she is unable to provide technical support.  Thank you!










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