How to Request Discovery in Traffic Court

In any legal fight, it is best to go in with as much information as possible. Fortunately, in a traffic case (as in criminal cases), you have the right to access the government's evidence against you. This right to access is called "discovery."

Oftentimes, the information you obtain through discovery can be a huge help when cross-examining the officer and presenting your own case at trial.

How Do You Get Discovery in a Traffic Case?

Discovery procedures vary by jurisdiction. And it actually is fairly uncommon for drivers to request discovery at all in a traffic case. But here are some basics of how it generally works.

Traffic Court Discovery Request Should Normally be in Writing

To discover the officer's notes or other documents in a traffic case, you must make a specific written request for the disclosure of all notes or documents relevant to your case. In your request, you should describe precisely the items you're requesting and include a general statement such as "all other relevant documents and other evidence in the government's possession."

Who to Send Traffic Court Discovery Requests To

Generally, discovery requests should be sent to the law enforcement agency that issued the ticket, the prosecuting attorney (in jurisdictions that use prosecutors in traffic court), and to the traffic court clerk.

Find Out About Local Traffic Court Discovery Procedures

Prior to doing anything, it's a good idea to check with the prosecution, the court clerk, and the relevant law enforcement agency to ensure that you're following the local discovery procedure. You can also ask about requesting discovery at your arraignment (the first court date).

What Kinds of Things Should You Include in a Traffic Court Discover Request?

As previously mentioned, your discovery request should always include a general request in which you ask for all relevant information about your case in the government's possession. You can, and normally should, also include more specific requests. Here are some common items that you might want to request in a traffic case:

• copies of the ticketing officer's notes
• calibration records for the radar or other devices the officer might have used in determining your speed, and
• any videos or photographic evidence in the government's possession.

What you request, of course, depends on the type of ticket you received. Some of the items you request might not exist. However, if you think the government might have an item or category of evidence, it typically doesn't hurt to ask for it.

What If Your Discovery Request is Ignored in Traffic Court?

Because so few traffic defendants ask to see the evidence against them, many police and prosecutors (and even some judges) believe this right to discovery is not available in traffic court. So, if your discovery request doesn't initially get results, follow up with a second request—reiterating that you believe access to the officer's notes is critical to presenting your defense—that you have not received a response to your first request. With this second request, make sure you send it to all the same entities and include copies of the first request.

Motion to Compel Discovery in Traffic Court

If you get no response to your discovery request within a few weeks or so (or your trial date is fast approaching), you'll need to file a "motion to compel discovery" in the traffic court. Basically, in this motion, you're asking the judge to order the government to turn over the requested documents and other evidence. (Again, it's probably a good idea to call the court clerk to find out how you should go about filing this type of motion.)

Ask the Traffic Court Judge to Dismiss the Ticket

So, what can you do if the government doesn't comply with your discovery request?

If your trial date comes and your discovery request has still been ignored, you should ask the judge to dismiss your ticket for the discovery violation. In a case where the government clearly has the requested discovery in its possession—like calibration records for a radar unit used to measure your speed—there's a pretty good chance of getting a dismissal. However, in many other cases, the government might come into court and tell the judge there aren't any officer notes or other documents to be discovered. In these types of cases, it's unlikely the judge will do anything about the government's failure to respond to discovery requests.

Talk to a Traffic Attorney

If you want the best chance of beating a ticket in traffic court, you should at least talk to a traffic attorney. An experienced traffic attorney can tell you how the law applies in your case, advise you on available defenses, and help you decide on the best course of action.