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

Question

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?

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Answer 1

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.

Answer 2

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.

Answer 3

you are able to petition the court docket to have your quotation pushed aside depending on the grounds the branch is denying your request for discovery (it is a constitutional excellent). maximum likely what's going to ensue is they are going to educate you to deliver yet another request to the branch, and reschedule your listening to (if mandatory via time constraints). save in recommendations ... you want to be able to coach, a million) you despatched to request, and 2) that they received it. qualified mail with a signature request is discover out the thanks to bypass about this. particular it expenses a pair funds more desirable, besides the undeniable fact that it is considered legally quantifiable. Or, the decide might want to easily have the branch grant you with in spite of ideas they have quarter-hour previous on your listening to - i have had a decide do this to me formerly. it is extra likely to ensue in a site visitors particular court docket that relies upon heavy on quotation expenditures for funding. in this kind of difficulty you want to argue you have not been given sufficient time to procedure the information (provided that the branch has had regularly over a month, or months, of get entry to to the information, giving them an unfair earnings contained in the exam). of course, the decide may have more desirable fish to fry and grant your request for dimissal, yet i'd not quite assume it. it will be brilliant if that became the outcome besides the undeniable fact that.

Answer 4

John Ziegler fan are we?

Answer 5

You can expect to get any video AND audio footage of the incident. (It usually comes in mini-DV format!).