The first thing to do is to file a motion to the Prosecutor's office to request a disclosure of the
prosecution's evidence. You have every right to see what the prosecution has against you. When you request
a disclosure, be very specific of what you need. Just saying "please send me your evidence that you will be
relying upon" will result in a lot of important information missing from the disclosure. If the prosecutor
receives something like this, the most they would do is make a copy of the ticket (if you are lucky you may
get both sides of the officer's copy ) and send it to you, which you may already have. You should be very
specific. Make a short list if possible. Here is a list of "must haves" if you intend to win:
· both sides of the officer's copy of the ticket
· the make, model, and serial number of the radar unit, and its owner's manual
· the officer's training record specific to the said radar unit
· the calibration record and repair history of the said radar unit
· the records of any calibration equipment such as tuning forks
· the officer's log on the alleged offence day, including all tickets he had written on that day
If you ask for the radar manual, they will say this is copyrighted material and will refuse to send it to you.
However, you can ask for the brand, model and manufacturer of the radar unit used in the citation, and
contact the manufacturer yourself.
One important note is, when you send any motion to the Prosecutor's office, make sure you send it by
registered mail. This way they cannot claim that they have never received it because they must sign for it. If
they failed to send you the information you requested, or the disclosure is incomplete, you can send a second
motion requesting the missing information. If it also fails after the second attempt you should bring out this
issue to the judge on the day of the trial, and move for a dismissal due to a lack of disclosure.
Remember to bring your receipt from the post office.
Carefully examine the officer's notes and see what he has written down. You might have a hard time reading
his hand writing, as this is not intended for anyone but himself to read. If you didn't make a big mess when
he pulled you over, he is not likely to write much down. Do this well in advance to allow yourself ample
time to prepare your case. Prepare your questions for cross-examination of the cop.
You have no idea how important disclosure really is. I had one ticket thrown out because the officer's notes stated I was speeding in a 60 km/h zone, while the actual ticket charged me with speeding in a 50 km/h zone. Silly mistake on the cop's part, but it was enough to argue that the officer was clearly confused about the actual ticket, therefore it should be thrown out. It was.
In Canada, one requirement is that the officer must write into his log book the radar calibration (with his tuning forks) at the start of his shift, and again at the end of his shift after noting all the day's tickets. If he forgets or fails to do this, then again you win as you can argue the radar was not calibrated. Naturally your individual states laws/procedures may vary, but it's an obligation on police to make sure they have followed their procedures correctly, and all the i's are dotted and the t's are crossed.
One of the first questions I always ask an officer at trial when he is on the stand is "What color was the car"? Simple stupid question for sure, but there's no way the officer will remember and in my Province, it's not noted on the ticket. Of course with the hundreds of tickets the cop writes, he can't remember and will state this. Next you ask the officer other questions to get him to admit that other than his notes, he has no direct memory of your particular ticket/traffic stop. It's like me asking you what you had for dinner 4 weeks ago on Tuesday of that week. You can't remember because it blends into the whole pattern of you life. The whole purpose of doing this is to get the cop into the position that the ONLY facts he can present are those written down in his notes. Nothing more. That's why disclosure and getting his notes is so important.
You have to understand that winning in court
ISN'T about right or wrong. It's about who can PROVE their case to the judge. Your job in defending yourself is to find the holes in the cop's facts, procedures, etc that will work in your favour, at least to raise a "reasonable doubt". Also remember, you DON'T have to testify or offer a defence if you choose not to do so. This prevents the prosecutor from actually questioning you on the stand... so you don't have to lie or commit perjury or get trapped into an admission. You base your defence on keeping them from proving the offence in the first place.
Good luck, have fun and remember.... Court is actually a game of winning....