My question involves a traffic citation from the state of: Virginia
This morning I was pulled over for a speeding ticket. There are a number of things about the experience that I find questionable, and as such, I was hoping I might obtain the audio and video of the stop and the associated periods prior and post.
I learned that I must file a Subpoena Duces Tecum, and I've gotten three copies of the form, but the circuit court clerk was acting adversarial when I started asking about the form (like whether I need to include specifics about which car it was or just the officers names, etc.). I understand that they cannot provide legal counsel, but shouldn't there be form instructions or something?
I believe I MAY have grounds to file a formal complaint, but without the audio/video I would have no tangible evidence, just my word against theirs.
Essentially, the police officer told me that they followed me and had me 10 mph over in one zone, and 13 mph over in a school zone, which is where they turned on their lights and pulled me over. The officer offered me a choice of which violation I wanted him to write! As I believe I have a malfunction with my speedometer, I told him to write whatever he wished, that I am likely to take it to court anyway because I believed that I had a speedometer malfunction.
After giving me the ticket, he asked me if I gave him permission to search my vehicle for drugs. I was certainly dressed in an odd style, but I know my rights, so I asked him if he had any probable cause. He repeated his question, and I remained silent. He repeated the question, I remained silent. He repeated the question, and I responded, "I'm obviously exercising my right to remain silent. Please feel free to make a decision."
At this point he dismissed me (thanked me).
I drove off, but then was pulled over again. The officer in training had forgotten to fill out the location information! I let him fill it in (I suppose I shouldn't have).
MAJOR question about being offered a choice of offenses, and why didn't they pull me over initially?
Seems very much like racketeering, so I would like to see if there is tangible evidence to support my complaint.
Can anyone instruct me as to how I should fill out the Subpoena Duces Tecum? Is there specific information that I need to include to get the dash camera audio and video related to my incident?
Very truly yours in the Spirit of Gifting,
Kringle, A Corporation Sole