Note that to do this properly I probably should have put the motion on the law and motion calendar at least three days prior to my trial (see the local rule here), rather than scheduling the motion hearing for the same day as the trial.

Also, when you were in court, did you move to dismiss the case? Or did the judge just dismiss it right away? I’m just assuming this is what you said in court – “I move to dismiss this case in the interest of justice” and then he concurred.

My motion is not 100% guaranteed to work. Under the law, the DA is absolutely 100% required to respond to your discovery request. However, penal code section 1054.5(b) provides the judge with several options for how to deal with non-compliance by the DA. Suppressing evidence or testimony is simply one of those options. If you intend to use this argument at your trial, it is absolutely essential that you look up the relevant section of the penal code (1054).

What did you mean when you said “I filed both documents along with proof of service with the court.” I understood that you filled out both the discovery cover letter, but how do you have proof of service with the court?

Also, “24 December 2009: Filed a motion to suppress the testimony of the citing officer, as the DA never responded to my discovery request.” I got that this is because they did not give you the information you requested. So if i file this motion, even if the CHP officer shows up to the trial day, the case will get thrown out?

PS: Thanks for posting this up!

I’ve spent some more time thinking about your original comment, and I think you’re right: the whole speedy trial thing is irrelevant if you’re doing TBWD.