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Discovery on Ticket Was Mostly Not Answered

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  • 02-27-2013, 04:37 PM
    SteveW07
    Discovery on Ticket Was Mostly Not Answered
    My question involves traffic court in the State of: New Jersey
    In: Ocean County

    I was involved in an accident in Lakewood, NJ which got me a careless driving summons. I sent the Prosecutor a Request for Discovery which was quite detailed. Today, I received a reply from the Records Division of the local Police Department. In it, they write that the Police Report is available for a $5 fee, that a traffic ticket was issued (?) - speak to the Municipal Court, and that I can contact the Police Academy for info re the officer's training in accident investigation.
    (The accident report referenced is a 3 page file which they're charging extra for mailing).

    There was no mention of many of the items I requested including some essentials like Witness info, and officer's notes including his copy of the ticket.

    What should be my next step to compel discovery of these items. (Also, are they right in telling me who to contact for info, instead of providing it themselves?)

    I'm posting copies of my request & their reply below.

    http://farm9.staticflickr.com/8252/8...f394a51b_b.jpg


    http://farm9.staticflickr.com/8390/8...f542b7df_z.jpg http://farm9.staticflickr.com/8230/8...79370603_z.jpg


    http://farm9.staticflickr.com/8511/8...b3aea598_z.jpg
  • 02-27-2013, 06:35 PM
    That Guy
    Re: Discovery Re Careless Drivng; Mostly Unanswered
    What could the officer possibly have in his notes that isn't in the report if he didn't witness the accident?

    Also, police agencies do not make it a habit of disclosing training materials to the general public. As for a list of citations, other people's citations or violations aren't relevant to your specific violation, same holds true for a list of citations issued by the entire police department!

    The remaining items are just fluff that I am wondering where you copied and pasted from, most of it would not exist for a traffic case.

    Lastly, I am not sure what you're going to compel... It appears they gave you what they have/can give.
  • 02-28-2013, 09:11 AM
    SteveW07
    Re: Discovery Re Careless Drivng; Mostly Unanswered
    Thanks for your response. I guess you're mostly right. Most of it I copy/pasted from the text of the NJ Court rule providing discovery in municipal court http://www.judiciary.state.nj.us/rules/r7-7.htm

    However the part about which witnesses the State plans on calling is very relevant and wasn't addressed. If the officer is the only one testifying then I can basically say what I want and the officer can't prove otherwise. Witness conviction is important too, bec. if the other driver testifies and I claim that he was speeding, it would help to know if he has a prior history of speeding.
    Lastly, knowing what traffic convictions the state has on record for me is relevant to my defense approach & is one of the things the law entitles me to.

    The prosecutor didn't address any of these items at all.
  • 02-28-2013, 10:02 AM
    That Guy
    Re: Discovery Re Careless Drivng; Mostly Unanswered
    Quote:

    Quoting SteveW07
    View Post
    However the part about which witnesses the State plans on calling is very relevant and wasn't addressed. If the officer is the only one testifying then I can basically say what I want and the officer can't prove otherwise. Witness conviction is important too, bec. if the other driver testifies and I claim that he was speeding, it would help to know if he has a prior history of speeding.
    Lastly, knowing what traffic convictions the state has on record for me is relevant to my defense approach & is one of the things the law entitles me to.

    The officer will testify to his observations and conclusions at the scene of the accident. You can try to refute his testimony but that doesn't mean you can make up anything and he cannot prove otherwise. In fact, more often than not, any attempt to undermine an officer's credibility will likely result in you hurting your own. So tread carefully! The other driver's record has zero relevance to what you did to earn a careless driving citation, your actions (or lack thereof) just prior to the accident are. If you feel the other driver's history is an issue you would like to explore, you can subpoena the other driver's history. It doesn't mean you'll get it but you're free to try. And lastly, your driving record is available to you online for a small fee through the NJ MVC.
  • 02-28-2013, 10:09 AM
    Mr. Knowitall
    Re: Discovery Re Careless Drivng; Mostly Unanswered
    Quote:

    Quoting SteveW07
    View Post
    However the part about which witnesses the State plans on calling is very relevant and wasn't addressed. If the officer is the only one testifying then I can basically say what I want and the officer can't prove otherwise.

    If you don't get actual notice of witnesses and the prosecutor attempts to present a witness other than the officer at trial, you can object and attempt to exclude their testimony. Note, the lack of formal notice will not necessarily prevent the witness from being allowed to testify if the court deems you to have had adequate notice through other means (e.g., inclusion in the police/accident report) and/or that you're not prejudiced by the late notice. The officer can testify about what you said to him, about any statements from others that fall under a hearsay exception or exclusion, and about his observations at the scene, so don't count on being able to get away with making stuff up (under oath at trial? Seriously?)
    Quote:

    Quoting SteveW07
    Witness conviction is important too, bec. if the other driver testifies and I claim that he was speeding, it would help to know if he has a prior history of speeding.

    How would that be even slightly relevant?
    Quote:

    Quoting SteveW07
    Lastly, knowing what traffic convictions the state has on record for me is relevant to my defense approach & is one of the things the law entitles me to.

    You know your past history of criminal and civil violations, and if you want copies you can get them on your own. It's not the state's job to either manufacture records that don't exist, or to go out and get documents not in their possession that you could obtain by yourself, in response to a demand for discovery.
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