Legal Question in Traffic Law in California

Went to traffic court. Thought I was in front of a Judge later found out it was a Commissioner. Officer/prosecution presented evidence/photos I objected to for failure to provide as requested in discovery request. Commissioner looked at the photos and evidence then ask to see my request for discovery. While he was looking at the evidence and my discovery request I ask for a motion to dismiss due to prosecutions failure to provide the evidence presented as requested in my discovery request. The Commissioner reluctantly denied my motion to dismiss and then stated he would not allow the evidence. I stated he had already looked at the photos and other evidence. Should he have denied the evidence and not looked at it? Was this a procedure error?


Asked on 1/25/11, 9:52 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You accepted the commissioner as the judge by not objecting at the beginning of the hearing. If the hearing officer excluded it from evidence, he should not have considered it.

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Answered on 1/27/11, 2:14 pm


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