Full question:
How would a Motion for Discovery be used, or can it be used for an alleged speeding violation? I am wanting to find out if the manufactureres requirement for a 'Stalker' radar tune and test was administered prior to to and after shift with three tuning forks and was is conducted ona regular basis. There are other issues related to this incident with regard to a man representing himself as a law enforcement officer while in street clothes, no badge, and in a personal vehicle.
- Category: Discovery
- Date:
- State: Texas
Answer:
Discovery is a method of getting information when a defendant wants to ee the evidence which the prosecution has against you and which they plan to introduce at the time of trial. The request and that information is called discovery. If the case settles within parameters acceptable to the defendant, limited discovery is generally acceptable, e.g. a copy of the summons and the law enforcement officer's notes. If the case proceeds to trial, the standard discovery provided by prosecutors is insufficient to prepare for cross-examination.
In state court, a discovery motion may be filed under the state's Rules of Civil Procedure. Municipal courts have very different discovery rules In either court, prosecutors will resist discovery as it is time consuming and the charge is minor.
There are timelines for filing and responding to discovery requests. A request for production typically seeks documents to be provided. Written questions may be posed through interrogatories, requests for admission asks for answers which can only be admitted or denied, oral questions may be posed at depositions, and requests for inspection of property may be made regarding items that are impossible or impractical to move. A subpoena duces tecum is available in all courts. Depending upon the local court rules, which vary by court, court approval may be required. So long as requested items are relevant, the court will typically not deny the request. I suggest calling the clerk of courts for applicable discovery rules and timelines.
Examples of some of the types of information requested through discovery in a speeding case, among others, include:
-The operator had adequate training and experience in radar operation
-Radar equipment was in proper working condition at time of violation
-Input speed of patrol car was verified, and car speedometer expertly tested within a reasonable period
-Radar equipment was tested by means other than radar's own internal calibration, i.e. tuning fork before/after ticket
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
