Obtain the Officer's Notes Before Going to Traffic Court
If you're going to fight a traffic ticket, you'll want to know as much as you can about the case against you.
After ticketing you, most police officers write notes -- usually on the back of your ticket -- with details of why you deserved the ticket and what the conditions were at the time. If you can obtain those notes before your traffic court hearing, you'll be ahead of the game.
Just before trial, the officer will typically review his notes, and sometimes refer to them while testifying. With courtroom experience, an officer can often glance down at his notes every few seconds, rattling off a narrative that sounds like he was recounting something that happened yesterday. But the officer probably won't remember much about what happened, and since he doesn't want to be tripped up fabricating a detail, he will probably depart very little from their notes.
Get the Officer's Notes
If you can obtain those notes before your traffic court trial, you may be able to glean the officer's strategy for convicting you. Fortunately, in many states you have the right to demand access to the officer's notes through a process called "discovery." You also have the right to demand access to other information, like instruction manuals on the use of equipment that was used to clock your speed. This information can be a huge help when cross-examining the officer and presenting your own case at trial. Ask your local court if you have the right of "discovery" and how to write a letter demanding access to the policeman's notes.
 | Can one cop ticket me based on another cop's radaring? |  | To obtain the officer's notes, you must make a specific written request for the disclosure of all notes or documents relevant to your case. If you have an arraignment, you may be able to do this there. But if you plead not guilty and post bail without an arraignment (far more common), you'll need to make your request promptly by mail. Send your discovery request to both the police agency that ticketed you and to the local prosecuting agency.
|
|