What to tell the cop when you're pulled over.

The first thing most cops do is ask you if you know why they stopped you. What they're hoping is that you'll say something like “because I just ran a stop sign” or something similar. If you do say something like that, the cop will write that down and use it against you at trial. That's called an “admission against interest.” And, it's perfectly correct for the prosecution to use it against you later.

In fact, you don't know why you were pulled over, even if you did just run a stop sign. Your registration might be expired or your car's brake lights might not be working correctly. In any event, your answer should not include any admission that you broke any law or did anything unsafe. If you're asked whether you know how fast you were going, you might answer “Yes.” The only time you should say how fast you were going is when you know you were going slower than the posted speed limit. Remember, you have a constitutional right not to incriminate yourself...use it! You can simply say "I don't want to talk about that" or "Can you just give me a warning this time?" Change the subject or just keep your mouth shut. Don't lie...Don't incriminate. 

You might think there will be some benefit to admitting to a violation because the officer will then let you off with a warning. While this is possible, my opinion is that the liability of the admission outweighs the possible benefit.

Don't say “I'll see you in court” or anything else that gives the officer the idea you'll fight the violation. If you do, they'll just be that much more careful and they may make more comprehensive notes which will make their case stronger in court. Saying something like “can I pay the fine by mail or do I have to go to court” gives the preferred alternative impression that you won't fight the ticket and that you don't know what you're doing in this area anyway.

If you're polite and keep your hands in plain sight when the officer is talking with you, you could well get off with just a warning. Don't make the prosecution's case during the traffic stop.

Below is an Informal Discovery Request template I've used in fighting traffic citations. To use it effectively, you need to insert your name, citation information, etc. and replace the Agency mailing addresses with the ones appropriate in your case. The mailing must give the prosecution at least 20 days to respond. Therefore, mail it at least 20 days before your trial date or deadline for submitting Trial By Declaration.

DATE: INSERT DATE HERE AND DA’S OFFICE WITH POLICE AGENCY BELOW

Ventura County District Attorney

800 S. Victoria Ave., Ventura, CA93009 805-654-2500

Ventura Police Department

4656 Valentine Rd., Ventura

Ventura, CA 93003

805-477-4174

INFORMAL DISCOVERY REQUEST Case # XXXXXXXXXXX Citation no. XXXXXXXX date: XXXXXXXXX, CVC XXXXXXXX

TO THE DISTRICT ATTORNEY FOR THE ABOVE-REFERENCED COUNTY, AND TO THE ABOVE-REFERENCED LAW ENFORCEMENT AGENCY:

I, XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXX, represent myself in the above-referenced case. I hereby file this informal discovery request pursuant to Penal Code Sections 1054, 1054.5(b), and 19.7 and/or other applicable statutes. I am requesting disclosure and production of the following materials and information within fifteen (15) days of the date of service of this request. This request is for information and evidence that may be used in any trial (whether by declaration or in court) regarding the above referenced citation. All requests herein are made for information or evidence regardless of whether or not the prosecution intends to offer the particular information or evidence at trial. If there is to be any expense for the production of information or documents, please notify me at so that I may reimburse your office for such expense or so that I may make arrangements to inspect the documents and other evidence in the appropriate offices where they are located..

Information Requested

1. The names, job titles or job descriptions, and addresses of all persons who may offer statements, whether written or verbal, in any trial by declaration or court trial regarding the above alleged infraction.
2. Copies of the front and back sides of the officer’s citation copy and copies of any notes, recordings or other records made by the officer or by any person who may testify regarding the above alleged infraction.
3. Copies of the front and back side of any citation(s) written for the above alleged offense by the officer who issued the above referenced citation during the 30 day period immediately preceding the date of this alleged infraction (privacy information redacted).
4. A description or photograph of the vehicle driven by the officer at the time of the alleged infraction. A description should contain at a minimum, the color of the vehicle and the presence or absence of any markings indicating whether the vehicle is a law enforcement vehicle.
5. Any briefing sheets, memos, training material, or other information during the period for which records are available provided to Officers or Deputies of the above referenced Agency addressing policy regarding the number of citations to be issued by an officer or deputy within a specific time period as a measure of job performance. This would include any quote, suggested average, or any reference to the expected number of citations to be issued by Officers or Deputies.
6. Any such information relating to officer job performance evaluations conditional upon the number of citations issued by an individual officer.
7. Any job performance evaluation (privacy information redacted) issued within the past twelve (12) months by the above reference Agency to any officer or deputy when that evaluation was in whole or in part based on the number of citations issued by any such officer.
8. Any job performance evaluation issued to the officer or deputy involved in this case within the past twelve (12) months (privacy information redacted). 

The following is disclosed to you pursuant to Penal Code Sec. 1054.3:

A. Names and addresses of trial witnesses (other than defendant, who may or may not testify):

(x) None.

B. Relevant unprivileged written or recorded statements of witnesses or other evidence that may be presented by defendant:

(x) None.

Defendant asks that this request be treated as a continuing request through the completion of trial (whether by declaration or in court) and through the complete disposition of this case. Do not hesitate to contact me if I can be of assistance of any kind. Thank you for your attention in this matter.

Sincerely,                                                 Date:

_____________________          ____________

XXXXXXXXXXXXXXX XXXXXX

Defendant In Pro Per

ADDRESS

PHONE

I'm hoping to create a podcast on the subject of fighting traffic infractions in California. As I've indicated elsewhere, I'm not a lawyer. However, I have defended myself successfully in my last three moving violations in Ventura County and in my last parking citation in Oxnard. I'm thinking I've saved about 1,400 dollars including 590 dollars in my last Red Light Camera Citation in Oxnard. I can't promise that your experience will be similar but I wouldn't mind giving my opinion just for informational purposes. Again, if you absolutely can't afford a conviction, then hire a real lawyer. Also, I'd highly recommend David Brown's book, "Fight Your Ticket in California."

In terms of putting the podcast together, what I'd like to do is talk with attorneys, motorists, and perhaps others involved in the traffic enforcement process. I'm thinking both me and the other person involved will learn something.

My plan would be to record a telephone conversation concerning a specific violation or traffic enforcement issue and then publish that recording as a podcast for anybody interested to listen to. It's not necessary for you to give your last name or any personal identifying information. If you're interested, send email to donzoh1@gmail.com with the word "podcast" in the subject line.

On October 30, 2012, I received a Parking Citation inviting me to pay 65 dollars to the City of Oxnard. I was also told I could contest the citation administratively which I did. The basis for this contest was primarily that the Citing Officer did not include all required information on the citation. Additionally, instead of leaving the VIN field blank, the Citing Officer indicated that the VIN was "not readable." Since my VIN is clearly readable and was so on the date in question and since the Vehicle Code requires at least the last four of the VIN on the citation, I believe this was an appropriate rationale to dismiss. As you might guess, the Hearing Officer did not.

But, worse than this, the City of Oxnard promised me an extension of time to file an amended argument and set a new hearing date (30 days later than the one originally scheduled). I eventually called to find out how this new hearing came out and was told the hearing would in fact not be held after all and that I should just accept the results of the hearing that was apparently held on the original date. Conveniently, I learned this 38 days after the original hearing, outside the window for appeal in the Superior Court. When I pointed out this obvious violation of my Due Process Rights to the City Attorney, I was told "we don't have to hold an additional hearing." I agreed with that but pointed out that when you promise a new hearing date and tell the citizen to disregard the original Notice of Administrative Hearing Results and then delay conveying your new position past the appeal window, you have violated Due Process.

The Superior Court ruled in my favor on appeal, possibly because the City provided no information or evidence that would allow any other ruling. Thus far, the City of Oxnard has been notified by both me and the Superior Court of the obligation to pay me 90 bucks (including court costs) but they have not done so.