What should I state in a motion for discovery when fighting a speeding ticket?

Most state traffic courts allow a driver to file motion discovery traffic ticket, but the specific procedures for doing so will vary. To determine the specific process in your case, contacting the local court where your case will be heard is the first place to check, or otherwise, consulting with a lawyer will also work. The information obtained from the discovery request will prove helpful during the preparation of a defense, which may include cross-examining law enforcement testimony and probing the validity of other evidence presented. Information potentially recoverable from a discovery request includes:

• Notes of the citing law enforcement officer at the scene of the traffic stop. These notes will widely vary in the amount of detail and relevant information presented. Either way, using this evidence to one’s advantage is the idea.

• Information on the devices used to certify the speed of a given driver, which can include internal documents on procedures for citing speeders, the manufacturer’s manual from certain radar guns used, and other relevant information.

• In essence, any information used to potentially convict a driver is recoverable from a motion of discovery. Without sufficient evidence to turn over in the motion for discovery, a prosecutor's case clearly will lack the burden of proof required for conviction, or at the very least, hinge entirely on law enforcement officer testimony.

Typically, a motion for discovery should be forwarded to the prosecutor overseeing the case, as well as the law enforcement agency responsible for issuing the citation. If initially ignored, make continued attempts to obtain information requested from the motion for discovery. In a last ditch effort, stating that successive motions for discovery were ignored and that without the evidence available to prepare a defense, a driver should be able to obtain a dismissal. In practice, having legal counsel involved during this process will greatly increase the likelihood of dismissal, but making pre-trial discovery requests on one’s own accord may cut down on the legal costs involved. For more information and insight, consult with a traffic violations lawyer in the jurisdiction of your traffic citation.