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

    Aug 26, 2014, 04:23 PM
    How do I file a Motion of Discovery to see radar equipment records in Missouri?
    I want to see maintenance and calibration records for a speed monitoring device (radar equipment) used by an officer to charge a relative for speeding. I also want to see the officer's training records and certifications. Where do I get this information? Do I need a special form? I don't know what to do.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #2

    Aug 26, 2014, 04:28 PM
    Where do you live? Not exact location, but Country, state/province/city, would be helpful. Laws vary state to state, country to country, province to province.

    From what you posted, I think it would be cheaper to just pay the speeding ticket than to go through all this trouble.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #3

    Aug 26, 2014, 05:18 PM
    He is in Missouri, but have to agree with Alty, cheaper to pay the fine then go through the courts to prove that the radar is wrong.
    Alty's Avatar
    Alty Posts: 28,317, Reputation: 5972
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    #4

    Aug 26, 2014, 05:27 PM
    Oops, totally didn't read the title, just the post. Didn't catch on that he's in Missouri. Thanks Tickle. :)
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #5

    Aug 26, 2014, 05:32 PM
    Unless you have an Electronic engineering degree and can prove expertise in that field. Your chances if BSing your way out of the ticket in court is slim... very, very slim. I've talked my way completely out of 5 tickets... 3 radar and 2 Lidar tickets.. so far. And have gotten all but one of the others significantly reduced in severity by using my knowledge of electronics... how these devices function, and provided a legitimate... very real reason he could have gotten an incorrect reading. Very few people I know could do that... and without that technical background... you just won't have any credibility in the courtroom.

    And incidentally... they usually produce those in traffic court as they usually go through every ticket a specific officer has before the next officers cases. At least they do in MD and VA in every courtroom I have been in.

    Unless you do... paying it before it goes to court will be the cheapest way through this ordeal.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 26, 2014, 08:59 PM
    You are not going to get to see any records, that is not related to YOU>

    If your friend got a ticket, prior to trial, your friend, can request though discovery of evidence to see those items. Also, the officer has to be Post certified and have annual training on radar equipment.


    Then you will have to hire someone, who is accepted by the courts, as an expert witness to testify on those findings.

    Most officers actually carry those with them to trial, but that may vary in court. I never did, and unless they were requested as evidence, was not required to provide them.

    A expert in radar, can normally prove enough doubt, but often you are going to spend about 2000 for that expert.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #7

    Aug 26, 2014, 09:02 PM
    You aren't going to see anything. Your "friend's" attorney might, but not you as you aren't privileged to such information.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #8

    Aug 27, 2014, 05:41 AM
    I missed the part that this wasn't actually them... but a relative. You aren't going to get anything done. As you aren't involved.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Aug 27, 2014, 07:23 AM
    We frequently get question on this forum regarding "motions for discovery". Discovery, in most places (whether in a civil case or in a criminal case), goes like this: You make a written request to the other "party" (the police, in this case). Only if they fail to honor your request do you file a motion with the court.

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