My traffic court date

[Coconut]

I like the idea of filing a motion for discovery. Making them work to supply the information about the stop, and being able to ask for dismissal if they don't. Do I do this through a written letter to the courthouse, or over the phone, or by a form, or what? Thanks all.

[mvpel]

The first step in the process is usually discovery, where you ask them to produce the evidence that they have against you.

One guy got out of a ticket by using the cosine rule to show that based on the officer's testimony as to the position of the cruiser and the position of the moving car, he would have had to have been going about 80 miles per hour on a 30mph road to produce the reading shown on the radar gun, when the officer had already said that his visual estimate of the car's speed was more like 40-45.

[Coconut]

Reading up on all the possible errors in radar, it's a wonder how anyone ever gets an accurate reading, or makes me wonder how many readings are incorrect, and the people just pay the fines anyway.

[Lex]

Here is a copy/paste of the meat part of the discovery that I had sent to the judge and prosecutor. In terms of formatting it, I would format it to look similar to the letter that they send you with the court date. Most likely that is the format in which they expect to get things from you. Anyways, here is some things you might want to ask in your discovery:

1.Make, model and serial number and a copy of the maintenance and certification records of the speed detection unit used in the traffic citation. Serial number and a copy of the certification and test results of the tunning forks used to test the speed detection unit on the day of the traffic citation.
2.If the speed detection device is software based provide the source code for the software, specifically the algorithm used for calculating speed, in the case of a hardware based algorithm or a unit that does not use software provide the circuitry schematic for that algorithm.
3.The case in NH where this type of speed detection device was given judicial notice.
4.The officer's daily log and the log for the speed detection unit.
5.To have that speed detection unit and tunning forks present in court the day of the trial.
6.Copy of the FCC license authorizing the use of this speed detection device.
7.Copy of officer's training records as they pertain to the use of this particular speed detection unit and other traffic speed enforcement training.
8.Copy of officer's disciplinary records.
9.Formal proof of road where traffic citation occurred.
10.Copies of both sides of the officer's copy of the traffic citation, any other notes or documentation regarding the traffic citation and any in-car video and/or photographs taken by the officer.

[Lex]

2.If the speed detection device is software based provide the source code for the software, specifically the algorithm used for calculating speed, in the case of a hardware based algorithm or a unit that does not use software provide the circuitry schematic for that algorithm.

I wouldn't ask this one unless you are a software engineer and would be able to analyze and understand the code/circuit diagrams.

6.Copy of the FCC license authorizing the use of this speed detection device.

The town usually has this license and the police department automatically gets permission to use radio equipment. But it's not always this way so it's best to ask where the police department got authorization to use radio equipment (radar detectors fall in the band regulated by the FCC). The prosecutor will probably have no clue what you're asking... so you should research it thuroughly that way you can explain it to them.

8.Copy of officer's disciplinary records.

You will probably not get these records but they are useful in cases where the cop has some bad history since you can question the officers credibility when he testifies.

9.Formal proof of road where traffic citation occurred.

You will want to read the court rules for this one. There is actual a rule that if you want the prosecutor to have "proof of the road" you must request it before your trial date. I'm not quite sure what the prosecutor has to do to prove the road but it might be interesting. Obviously you will want to be very skeptical that the road exists ;-)

10.Copies of both sides of the officer's copy of the traffic citation, any other notes or documentation regarding the traffic citation and any in-car video and/or photographs taken by the officer.

This is useful in quizing the officer about the traffic stop. The NMA literature will have lots of details on how to use this information during your trial.

[dalebert]

Are you arguing that you didn't break the law or you are not subject to the laws of the road?

[shyfrog]

Are you arguing that you didn't break the law or you are not subject to the laws of the road?

+1
omg...thank you for reading my mind so well and expressing it so eloquently.

[Dreepa]

Dale please tell me you drew that.

[Tom Sawyer]

Are you arguing that you didn't break the law or you are not subject to the laws of the road?

I hope your not impeding the common right away on the sidewalk with your killing. 

[mvpel]

Where's that Penn Jillette animated STFU image?

[Tom Sawyer]

Here ya go

[attachment deleted by admin]

[dalebert]

Dale please tell me you drew that.

I wish I could take credit. I do want to learn how to make animated GIFs tho. I think it's pretty easy.

[Russell Kanning]

I recommend not stopping 4 cops or showing up 4 court dates. but i might be crazy

[Ogre]

You probably are, Rusell, but don't worry -- under the new Edwards health care plan, you'll get treatment for that -- even if you don't want it...

[mvpel]

Plus they'll take away your guns.