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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I received a traffic citation 405 dollars by r.i. state

Customer Question

I received a traffic citation 405 dollars by r.i. state police for speeding driving in a 55 mph zone on highway . i was behind a car in the high speed lane and the officer also charged me for driving too close to the vehicle in front of me another 85 dollars fine on same ticket . there were cars on my right and a car in front of me and i had just got into the high speed lane to pass. My vehicle is a retired crown victoria ex police car and the officer seemed interested more about the car and all the lights being legal for regular private use and not police car issued equipment . after answering his questions about the car . he checked my documents and hands me the ticket. My understanding about radar is the vehicles that are closest to the radar gun is what the frequency bounces off to determine the speed , since radar waves travel in straight lines , my car would not be the object refflecting the frequency back , thus the officer is specullating or using some other method besides radar to judge my speed . is this easy to challenge and win should i contest it
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This 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.

Expert:  Samuel II replied 1 year ago.

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.

Customer: replied 1 year ago.
have a follow up on my citation if there are cars in all lanes in front and beside me and i change lanes and a car in front of me is speeding an officer has about 3 to 5 seconds to determin if im travelling at the same speed or if he thinks im travelling too close is his opinion and not read by a more accurate electronic piece of equipment , so is it beyond a reasonable doubt that the evidence has to fall and also i have no speeding violations in 20 years which hopefully is positive evidence for me . whats your opinion
Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

The fact you have no traffic violations in 20 years is a huge benefit, too.

Customer: replied 1 year ago.
How do I file motion for discovery docs and can I do it via mail and receive answer by mail
Expert:  Samuel II replied 1 year ago.

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 to

Dear

This is a request for Discovery of the following information in that matter of What ever your case number *****

1 - What speed measurement device was used
2 - Provide the records on the maintenance of that device for the past 6 months
3 - Provide the officer's training records on that device for the past 2 years

Customer: replied 1 year ago.
I plead not guilty already at the R.I. traffic tribunal Cranston r.I. when I asked for discovery , the judge stated that I had to file a motion .. sounds like they want to make something simple a headache for the regular person . Also its being prosecuted by state police dept
Customer: replied 1 year ago.
my follow up question is do I send that letter labeled as motion for discovery ?? And do i send it to the court clerk?
Customer: replied 1 year ago.
my follow up question is do I send that letter labeled as motion for discovery ?? And do i send it to the court clerk? .
Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

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

Expert:  Samuel II replied 1 year ago.

It is

1 - 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.

Customer: replied 1 year ago.
Can I send the motion to attorny generals office certified mail with signed return reciept
Expert:  Samuel II replied 1 year ago.

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

Customer: replied 1 year ago.
The heading for next appearance says. State of Rhode Island V. My name as defendant.
Customer: replied 1 year ago.
I sent motion to *****
Expert:  Samuel II replied 1 year ago.

Ok. But why are you sending it to the AG? They don't prosecute traffic violations.

Customer: replied 1 year ago.
I contacted the Rhode Island traffic tribunal today they have an office for the state police in the complex and they have a state trooper assigned to prosecute the traffic violations
Customer: replied 1 year ago.
I sent the motion for Discovery to their office
Expert:  Samuel II replied 1 year ago.

There you go. That makes sense.