Discovery info allowed to request in TX

This is a discussion on Discovery info allowed to request in TX within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I filed discovery request 3 weeks ago for * both sides of officer's copy of the citation * manufacturer, model ...

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Old May 28th, 2012, 12:38 PM   #1
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Confused Discovery info allowed to request in TX

I filed discovery request 3 weeks ago for
* both sides of officer's copy of the citation
* manufacturer, model number and instruction manual of the LASER
* maintenance, calibration records of the LASER
* distance between the LASER and my car while speed was clocked
* copy of any photos or videos
* list of traffic tickets issued by the officer for that month

Then I got a call from someone working in the prosecutor's office who told me that there is no photo and video they can sent to me and the other information is not open to public.

My trial date is in a week, should I request a continuance because I did not get neccessary information and material to defend myself? Or request dismissal of the case at the court? And what information is legal to get during discovery procedure in Texas?

This is my first ticket in 10 years. Both the date and time were wrong on the ticket. Please help!

Last edited by TXft; May 28th, 2012 at 12:57 PM.
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Old May 28th, 2012, 01:12 PM   #2
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Default Re: Discovery info allowed to request in TX

I wish to inform you that you may draw a rough map of the site where you got the ticket. You may draw out points which would help to show your viewpoint to the court. Further, you may inform the court that the date and time on the ticket are wrong. The discovery requests have not been answered. You may show the service of discovery requests with proof of service. You may reach the court on time appropriately dressed on the day of the hearing. You may request the court to dismiss the ticket. The court will consider all the facts and decide the matter.

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Old May 28th, 2012, 09:55 PM   #3
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Default Re: Discovery info allowed to request in TX

Thank you AFF! Will the judge consider the call I got as the anwser of my discovery request? If I go to the court, what is the reason to request to dismiss the ticket? Because of failureI by State Prosecution to supply requested discovery? Or because of wrong date and time on the ticket? I guess most judge will think date and time mistake is not a big issue especially in a small town where police department and court are in the same building. The only thing I can prove is the carelessness of the officer, right?

Thanks again!
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Old May 29th, 2012, 10:29 AM   #4
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Default Re: Discovery info allowed to request in TX

You can request (1) the prosecutor be ordered to comply with discovery and, (2) an extension of time for the trial date until discovery has been complied with and you have had time to review.
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Old May 29th, 2012, 12:50 PM   #5
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Default Re: Discovery info allowed to request in TX

These are what I was thinking about. File discovery request again and request continuance. Thank you guys!
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Old May 29th, 2012, 05:25 PM   #6
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Default Re: Discovery info allowed to request in TX

You're doing all this for a traffic ticket? It might come back to bite you on the butt. I'd give up thoughts of discovery for such a menial thing and take my chances in court. Judges don't look kindly on people who waste the court's time but this is just my opinion.
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Old Nov 4th, 2012, 05:09 AM   #7
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Originally Posted by Maryellen View Post
You're doing all this for a traffic ticket? It might come back to bite you on the butt. I'd give up thoughts of discovery for such a menial thing and take my chances in court. Judges don't look kindly on people who waste the court's time but this is just my opinion.
Wow great advice ( serious sarcasm )
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