Discovery Laws for Speeding Tickets

[nonstickglue]

My question involves a speeding ticket from the State of: Pennsylvania

Hello everyone. I recently received a speeding ticket in PA via VASCAR Plus. It was stated that I was going 70.6 MPH (70) in a posted 45 MPH.

I am wondering what the discovery laws were for summary cases? From what I gather from this PA code (http://www.pacode.com/secure/data/23...ter5/s573.html) the first comment indicates that "This rule is intended to apply only to court cases. However, the constitutional guarantees mandated in Brady v. Maryland, 373 U. S. 83 (1963), and the refinements of the Brady standards embodied in subsequent judicial decisions, apply to all cases, including court cases and summary cases, and nothing to the contrary is intended."

I got the following reply as a reply to my request for discovery:

"In respect to the items mentioned/requested, all items that are pertinent to proving a summary traffic citation will be at the hearing with Officer *Name* which includes such things as the certification for the unit he was operating as well as the Officers certification on being trained on the unit. Other items that you requested may not be used in the case by the Officer. It is his discretion on whether he needs the audio/video recording, his daily log, etc, to prove the case. As for the request for discovery in itself, discovery does not apply to summary cases in the state of Penna., only criminal cases. Thank you for your time and if you have any other questions please feel free to contact me."

[jamesnb]

Not familary with rules in PA but...
Did you file a motion with the judge and copy the prosecutor or just ask the prosecutor for the information?
As I understand it, Discovery is only for the evidence they intend to use against you. If they don't provide it, they can't use it in court. You should be entitled to review the evidence to be used against you before trial so you aren't blindsided.
You should be able to request the information as being possibly exculpatory, meaning you can use it in your defense.
Keep doing research on the state's criminal code and procedures then file a motion with the court explaining what you want and why; let the judge tell you that you can't have it. Remember the prosecution is building a case against you; they aren't there to help you out. Best of luck.

[adam_]

^^ Agree. I've always thought that you want to subpoena evidence YOU want, not ask what they will be using. Once you've asked in a way that is legally compelling, their refusal to provide it may become grounds for dismissal.

[DavidForthoffer]

As I understand Brady v. Maryland, the defense requested before trial to see the defendant's out-of-court statements. The prosecution provided some, but not all. At trial, the prosecution submitted a statement not revealed to the defense. The Supreme Court agreed that omission violated the defendant's 14th Amendment right to due process.

So it seems Pennsylvania's Rule 573 does confirm that defendents in summary cases do have normal discovery rights, even while someone told you they do not.

I suggest ignoring what that person told you, and play by the rules, and after due diligence attempting to get the evidence you bring the matter to the court.

Note that if they are required to share with you evidence they later present at trial, and do not, the omission from discovery might be deemed immaterial enough that it would not affect guilt, or punishment.