How Do You File a Motion for Discovery

[blueeagle]

Hey, y'all. I recently received a traffic ticket that I consider totally unfair. Since I've never really fought a ticket before, I don't know where to start. How would I go about filling a motion for discovery? Does anybody have any blank templates i could use?

[free9man]

You start by telling us what state you were cited in, what you were cited for and what makes you believe that the citation was issued incorrectly.

[blueeagle]

Texas. Running a red light. Because the light changed to fast

[That Guy]

Texas. Running a red light. Because the light changed to fast

Was it an automated red light ticket or one witnessed by an officer?

Either way, by "the light changed to fast", I am assuming that you mean that the yellow phase is too short (or you think its too short)... And to determine whether it is or not, you could contact either city/county/state planning dept and request a copy the traffic and engineering report for that particular intersection. You really don't need to serve discovery for that...

Once you get that report, check the yellow phase timing and also time it yourself (use a stop watch, time it a few times and take an average). I believe the minimum allowed is approx 3.9 seconds (although that may be different for Texas). The way to know for sure would be to check the Federal MUTCD as well as the Texas MUTCD.

Of course you can come back and post more questions... I am not as familiar with Texas' statutes and legal procedures so the info I offer may be a bit too general.

[blueeagle]

Thank ya. But if a motion for discovery is needed (i live in a corrupt city), how would i file one

[BrendanjKeegan]

The Texas Code of Criminal Procedure (TCCP) 39.14 governs the use of Discovery. For those who don't know: in Texas, a traffic violation is a Class C misdemeanor. Therefore your TCCP and TRE (Texas Rules of Evidence) will come into play. If you ask me how I know this stuff I will admit to, at one point, wanting to attend Baylor. Oh. I just did. (Sic 'Em...)

I suggest reading 39.14 and then coming back here with more questions.

[blueeagle]

thank ya for the link. What I need is a template for a motion of discovery to fill out. Do you happen to know where I can get one? And who would I send it to? The judge? The prosecutor? The city clerk?

[BrendanjKeegan]

You can start with Barry's. Adapt it a little and serve upon the prosecutor. See what you can get from that.

From how I read the rule, it seems to me like it should be more like a (Subpoena Duces Tecum) SDT. You need to get the judge's permission to summon the prosecutions discovery. That's just how I read it though.

I wouldn't worry about the city clerk. They won't be of much help.

You know what I'd do? Call a trial court and ask when traffic hearings are. Mainly, the contested calendar. See if you can go to one with attorneys. You can meet up with a lawyer there and ask them how they file for discovery. Have both styles (Discovery Request and Motion for Discovery) written up and just ask which they would recommend.

[blueeagle]

Whos Barry?