Shaken Down with a Smile

If you’re going to fight a citation, then the arraignment is the time to make pre-trial motions, particularly those pertaining to discovery.   If the defendant doesn’t lodge one, there won’t be an opportunity later.

I attempted to make a motion requesting a hearing on the discovery I had previously served upon the prosecution before the arraignment date, only to be told by the temporary judiciary employee, er, I mean, Commissioner, that I was not entitled to receive the item I had asked for with my discovery request, therefore, a hearing on whether or not it was admissible was not granted.

The word “slick”  does not begin to describe traffic court in sunny Stepford, otherwise known as the County of Orange.   By the time I left the courthouse, I had an overwhelming urge to stop and double check that I still had in my possession both my wallet and private parts because the experience at the table in front of the Commissioner’s bench felt an awful lot like a shake down more than an arraignment.  But for one, every motion and recitation of case law and rules of court was completely glossed over and brushed off.

The only positives  were that I was granted release upon my own recognizance instead of having to post bail, and the trial date was surprisingly calendared in a speedy manner per the statute.


4 Responses to Shaken Down with a Smile

  1. benjarrell says:

    You were arrested for a traffic citation? That sucks!

    • No, not arrested per se. It was an infraction, but I went to the arraignment to plead not guilty and to make a request for a motion on a hearing regarding discovery to preclude evidence from the prosecution instead of doing a trial by declaration.

  2. HenryL says:

    If your ticket was from the city of Santa Ana, go to the website for info about all those tickets being dismissed. The dismissals happen only if you go all the way to a trial. Asking for dismissal during an arraignment doesn’t work.

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