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  1. #1
    Join Date
    Apr 2011
    Posts
    19

    Default Denied Discovery by the Prosecutor

    I received a response from the County attorney today. All my discovery requests gun, LIDAR citation law (veiled way of asking if distance should be there), and notes regarding the incident (once again trying to get the distance without saying it directly) were denied. They said it is not required for simple misdemeanors and that because I have the ticket, I shouldn't need anything else.

    Even on the officer's ticket (which I obtained from the courthouse), again the distance is not present.

    I don't want them to know, that I know, the distance is crucial piece of information.

    I had planned to contact the DOT and request the distance from the mile marker the officer posted he got me at in relation to the 70mph speed limit. It is all within seconds of driving. I may have actually been in the 70mph zone (still wasn't going the speed he claims). I'm not sure if that is dismissal for a ticket, but I want to know. I cannot prepare a credible defense without the distance. I think they know that and are either going to withhold it from me, or it is not included in any of his notes as well.

    I'm concerned I'm going to end up questioning the officer's ethics and that could be a dangerous move, but it is all I can do. I need this information to prepare a case.

    It seems like every state besides California, it's nearly impossible to beat traffic tickets even when you have strong evidence in your favor. I would like to avoid Court for this reason if possible. You can have the most obvious case in your favor and still lose. Any advice as to what I should do next?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Discovery Denied.across the Board

    well, posting your state would be a next step from what I see here.

  3. #3
    Join Date
    Apr 2011
    Posts
    19

    Default Re: Discovery Denied.across the Board

    Iowa. Sorry about that. I posted a more extensive thread a few weeks back.

  4. #4
    Join Date
    Apr 2011
    Posts
    19

    Default Re: Discovery Denied.across the Board

    Anyone know about the first step in serving a subpoena to the State Patrol for me to obtain these documents? I talked to a friend in another state who is in law school and he said this is my best bet.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Discovery Denied.across the Board

    What documents? A FOIA request may be more useful. There are time limits on a FOIA response & judges do not like it when FOIA responses are not adhered to.

    If you wish to subpoena documents, the clerk may have to sign the subpoena, going pro se.

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Discovery Denied.across the Board

    Well, you can file a motion to compel discovery to the court. The court will likely deny the motion but this would be the next step. They did not claim not to have documents responsive but just claimed that you did not have the right for discovery. Google scholar discovery in cases like yours and note the cases in your motion to compel. You'll have a hearing sometime in respect to the motion .. maybe on your court date. Given that you did not post your state, its impossible to tell. In several states, CA included, a traffic ticket is still adjuicated by the criminal practice rules.

    So find the rules for your case in your state and go from there.

    Most judges will not allow for discovery unless some technical documents are found that you need an expert to examine ... there may be documents like this in your case.

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