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    mrhjch's Avatar
    mrhjch Posts: 1, Reputation: 1
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    #1

    Jan 9, 2009, 06:42 PM
    Motion for Discovery traffic court
    I have was stopped for speeding. The cop said he would do me a favor and only charge me for carelss operation ( a non point violation). I have ask for a jury trial. I want him to prove that I was operating careless. He has a camera on the dash of his patrol car.. MY QUESTION: how do I write a Motion for discovery so that I can get all or any evidence he wishes to show.. (In this little SC town they have a scam going on... they "help you out" by writing you a nonpoint ticket and charging high fines so they don't have to split the money with the state. Point tickets- the money is split by town and state.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 9, 2009, 10:19 PM

    He will testify you were speeding, which is careless. His notes, his incident report on it will be the facts.

    And of course the court can change the charges back to speeding since the statue of limitation is not over, dismiss the careless charge and recharge you with speeding.

    You would have a much better time beating the speeding than you will the careless charge.

    But you need to ask for a lot of evidence, the officers POST records, to prove he is certified to write tickets, if he stopped you because of radar, is his radar certification up to date, if not, no ground to stop you.

    If the radar was used to do the stop, its daily test report.

    The only evidence they are gong to have is the statements of the officer.

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