Pretrial Procedure For Contested Cases

If you seek to contest reliability or admissibility of scientific evidence or seek to introduce esoteric or rare types of evidence not normally introduced in traffic cases or other infraction cases,then you must do so on a separate court date prior to the date of trial. (Examples: radar,medical evidence or drug tests,etc.)

The Court will set a pre-trial evidentiary hearing as to the admissibility of your proffered evidence on a date prior to your actual trial date. If you intend to contest the reliability of normally accepted scientific evidence or offer such questionable evidence,then advise the Judge of this fact when you are arraigned at your first court appearance so that two court dates may be set for you:

1) To determine admissibility of lengthy disputed evidentiary questions

2) To preclude inconveniencing a courtroom full of fellow-citizens who are set for other trials which are normally of short duration set for the same date as your trial.

DISCOVERY

If you seek discovery (police reports inter alia) you have a right to those before trial. You should seek them from the citing agency or arresting agency (or from the prosecutor-- City Attorney or District Attorney-- if either such office is involved in your case). If the City Attorney or District Attorney is not involved (and they are not involved with most infraction or violation cases), then the Court will help you obtain discovery upon request from the arresting or citing agency, but only if you have first sought such reports on your own and been unsuccessful in securing them.