Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis is Samuel and I will discuss this and provide you information in this regard.You can challenge the ticket. At the very least, it is possible the fine can be reduced and/or no points assessed. However, it is not scientific that the radar equipment will bounce from the closest car. To challenge the radar you would need to also do Discovery to get the calibration schedule on the equipment. Of course, if you also were traveling too close to the first car, it wouldn't matter whether it read your car or the one in front as traveling too close would mean you are doing the same speed or just near the same speed.
I suggest it is not an easy win, however. And you may want to have a local attorney assist you. Though I suggest the outcome could be the same with or without counsel. Whether the equipment has been properly calibrated will be the deciding factor.
I agree with you. That would be the burden of proof - beyond a reasonable doubt and so as I stated, it is not an easy win but arguable.
The fact you have no traffic violations in 20 years is a huge benefit, too.
First you will want to enter your appearance with the court. Tell the clerk you want a trial and need to enter appearance. They probably have a form. Then you can do Discovery.A Request for Discovery is an information request you make to the prosecutor, usually an Assistant District Attorney. If you were cited for speeding, you may want to know the kind of speed measurement device the officer used, and/or review the officer's training records. A simple written request, preferably sent via registered mail to the District Attorney's office, is usually sufficient to exercise this inquiry.And so you just write the letter similar toDearThis is a request for Discovery of the following information in that matter of What ever your case number *****1 - What speed measurement device was used2 - Provide the records on the maintenance of that device for the past 6 months3 - Provide the officer's training records on that device for the past 2 years
That would be correct. You need to enter your appearance and then file a Motion for Discovery and Under the heading Motion for Discovery you can state as I suggested. It is filed with the court in your case and then served onto the DA in your case.
It is not being prosecuted by the state police. They are not prosecutors. The District Attorney will bring it to trial. They are prosecutors. The Discovery Motion is served onto the DA in your case, once you get a case number ***** it is filed with the clerk. You then need to get a process server to serve the DA
It is1 - Filed with the Clerk of the court
2 - Served onto the District Attorney who will be prosecuting the matter. That must be done by someone at least age 18 who is not a party to the matter. They will then file a Return of Service with the court attesting it has been served. I suggest you use a private process server, though you can check with the sheriff's office about process service.
It goes to the District Attorney. Not the state's Attorney General. The DA is the prosecutor in the county where you got the ticket. They will be prosecuting the matter and yes, you should consider sending it CM with RRR
Ok. But why are you sending it to the AG? They don't prosecute traffic violations.
There you go. That makes sense.