To adequately fight a speeding citation, sometimes you need to obtain information held by the prosecutor or other parties involved in the incident. Depending on the type of information you're trying to access and who holds it, use one of these three methods to procure the material you need to adequately fight the ticket.
Make a Request for Discovery
Discovery is a normal part of every case. Thus, you can simply ask the prosecutor for the records you desire. In fact, in some states, prosecuting attorneys are required to release certain information to defendants upon request or face penalties imposed by the court if they fail to do so. To get what you need, you must submit a request in writing to the district attorney's office listing the items you want to get. If the prosecutor has access to them, he or she will forward them to you or your attorney.
File a Motion for Discovery
Unfortunately, some states leave the fulfillment of discovery requests up to the discretion of the prosecuting attorney, which means you may or may not get the info based on how the prosecutor feels or wants to handle your case. Other times, you cannot get required info because it is barred for a legal reason. For instance, healthcare laws prohibit the release of medical data without patients' permission or a court order.
In this situation, you would need to file a motion for discovery with the court to compel the targeted person to provide the required info. The court will consider your argument and the prosecutor's counterargument, and decide whether to grant your request.
The nice thing about taking this route is you'll have the power of the court behind you. If the responsible party doesn't turn over the info as required, the court can impose penalties up to and including jail time.
Submit an Open Records Request
A third option for getting information that may help your case is to submit an open record request. This request lets you get a copy of any publicly available record, such as maintenance records for equipment and training certifications for officers.
You must submit the request directly to the organization that holds the information. For instance, to get a copy of traffic cam video, you would need to contact the Department of Transportation. You would also be subject to whims of said department. So, if they don't want to give it to you, you may have to go to court to file a motion to compel the agency to act. However, this is a good way to get information that the prosecutor may not be able to secure for you.
For assistance fighting a traffic ticket or advice on handling your case, contact a speeding ticket lawyer.
Share9 October 2018
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