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  1. #1
    Join Date
    Apr 2009
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    7

    Default Incomplete Discovery Response

    I recently got a speeding ticket in New Hampshire and have requested a hearing.

    I sent a request for discovery to the issuing State Police officer which requested the following:

    A list of all radar units in the SP inventory, their certification records and the same for all tuning forks.
    A copy of my citation
    and a written and signed description of events pertaining to the citation from the issuing officer.

    He responded with only one radar unit certification, my citation - and a paper saying that the remaining radar units are irrelevant.

    My entire reason for requesting all the documents for all radar units was that a specific radar unit was not listed on my citation. So he has no way of proving which radar unit he used, and can just say he was using a radar unit that was in compliance with state calibration laws. He also did not send me a written and signed description of events as I requested.

    My question here is do I write back demanding the missing documents, or wait for the court case and try and get a dismissal based on the lack of response?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Incomplete Discovery Response

    First, please understand that all I know about NH law, I've learned here on these forums or from research -- I have no actual experience.

    That said, I believe that the officer MUST be present at the hearing. If he fails to show up, it is grounds for dismissal (or for a continuance).

    Now, in your case, if the officer shows up, he will testify as to WHICH radar unit was in use on the day of your citation. The court will probably accept the officer's word for that. Since there will be no evidence to the contrary (your conjectures are NOT evidence), and if that radar unit corresponds to the certification information you received, the court will admit the radar readings into evidence. The court will rule that the information about the other units was, indeed, irrelevant.

    Furthermore, and I may be wrong, the only time a written description needs to be sent to you under discovery, is if, and only if, the prosecutor plans to introduce it into evidence. So, if the prosecutor tries to introduce it -- or if the officer refers to it during testimony, which is an indirect method of getting it admitted into evidence -- you should object. IMHO this is the only point that has a shot.

    Again, I may be totally wrong. If so, maybe someone else can help you out.

    Good luck,
    Barry

  3. #3
    Join Date
    Apr 2009
    Posts
    7

    Default Re: Incomplete Discovery Response

    I have one more question regarding this.

    Would radar certification and calibration documents be considered public record? In so much that I cannot be denied access to them?

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Incomplete Discovery Response

    Quote Quoting Vorgahn
    View Post
    I have one more question regarding this.

    Would radar certification and calibration documents be considered public record? In so much that I cannot be denied access to them?
    I don't know about them being public record. The way I would look at it is as follows:

    You are entitled to the calibration records for the equipment that was used to measure your speed if it will be introduced into evidence in the prosecution case against you. So your entitlement comes by way of the Evidence Code and Penal Code in your state and not under the premise that those docs are part of the "public record" that any citizen can request to inspect at their will.

    Just my opinion... Again. like Barry has stated, my knowlege about NH laws is extremely limited.

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Incomplete Discovery Response

    I have one more point you can try to make. I know I said that the officer will probably testify the this was, indeed, the radar device that was used that day. But, the more I think about it, the more I think you can question that.

    If there is no supporting documentation to link your citation to the serial number of the radar unit whose certification you were sent, how are you to know that this was, without a doubt, THE radar. Yes, you may have the officer's word given in court, but why weren't you given this information beforehand, when you may have been able to use it to formulate a defense.

    So I think you might have been on the right track after all. By their not disclosing the serial number in advance of the hearing, you were prejudiced in the preparation of your defense, since you could not correlate the citation to the certification.

    And, as I mentioned earlier, be sure to object to the introduction of the officer's notes as well as their use to "refresh the officer's memory", since these notes were not provided to you in discovery.

    I don't know how far this might take you, but it's a shot.

    Barry

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