Monday, January 30, 2012

What can I reasonably expect to receive when I file a motion for discovery re: a traffic ticket?

I recently got a speeding ticket in the state of California for traveling at 72mph on a 70mph max freeway. Sad but true. Needless to say, I want to fight the ticket in court.



Question: What can I reasonably request (and reasonably expect to receive) when I file a motion for discovery with regard to my speeding ticket?What can I reasonably expect to receive when I file a motion for discovery re: a traffic ticket?You will receive any documentation/List of witnesses/police report/video that exists of the incident.



I am not sure if in California they turn on their dash cams automatically when the red lights go on or not. If they do, they may have video.



Reality is you will receive a pre-printed form and a copy of the citation that was issued.What can I reasonably expect to receive when I file a motion for discovery re: a traffic ticket?You can expect to get any video AND audio footage of the incident. (It usually comes in mini-DV format!).What can I reasonably expect to receive when I file a motion for discovery re: a traffic ticket?John Ziegler fan are we?What can I reasonably expect to receive when I file a motion for discovery re: a traffic ticket?
You can also reasonably request the service records of the radar machine that was used to "clock" you to determine the date of the last calibration, how long the machine has been in service; a copy of your speeding ticket; you may also want to inquire as to how many tickets this officer wrote on this day, etc.; the average amount of tickets the officer writes per month; how many were for speeding? What was the average speed for each ticket written? You may get an objection in form of "this request is overly broad, burdensome and not reasonably calculated to lead to discoverable evidence" with regard to the average speed question. You are entitled to know what they have.

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