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MC 104 - Ch 2 (Preparing)
- File Peremptory Challenge (PC 170.6) at least three (3) weeks before date of TDN. This will increase the chance for the Officer not showing up at next TDN. In the State of California, every Defendant is allowed to have one PC 170.6. Once PC 170.6 is granted, the Judge will assign your case to a different Judge.
Prepare a series of questions that you will cross-examine the Officer at TDN.
Your series of questions must lead the Officer to failure which discredit Officer's statements such as:
Sample Series of Q and A:
Defendant: Officer, where were you when you first notice Defendant's vehicle ?
Officer: I was at the parking lot of A Street -x- B Street at the northeast corner.
Defendant: Officer, was there any obstruction to your view of the intersection ?
Defendant: Your Honor, may I submit a photo of the parking lot ?
Judge: Okay. Let's label this as "Photo Exhibit A". And, Defendant have to show it to the Officer first.
- Judge: Officer, is this where you were at ? Officer: Yes, Your Honor.
Judge: Defendant, you may proceed.
Defendant: Yes, Your Honor, from the photo, there is a huge "American Tire" sign at the parking lot which is
about 8 feet tall and 10 feet wide.
From the position where Officer was standing, his view should have been blocked, and he would not be able to observe the intersection clearly.
- Judge: Officer, were you behind that sign ? Officer: Arrr...h, yes, your Honor.
- Defendant: Your Honor, I want to move the court to dismiss this case since Officer did not have a clear view to the intersection at that time for which I was cited for CVC 12345. Judge: Motion denied. You may continue...
- Defendant: Officer, where were you when you first notice Defendant's vehicle ?
- Sample Series of Q and A:
- Find someone to practice these series of questions with. Or, look into the mirror and practice by yourself. Try to predict the worse possible answers. Also, for some questions, the Judge may not allow you to ask. Be prepare!
- Keep thinking of these quesions and answers, and keep reviewing and modifying them.
- After you finalize these questions, print out a hard copy for your reference at TDN.