Getting Out Of A Speeding Ticket In Court And Using Motion For Discovery
Now that you got a ticket, it’s time to figure out the best way of getting out of a speeding ticket in court. Your chances of winning have dramatically increased just by going to court. A key step you’ll need to use to build your defense is the process called Discovery.
There are a number of things required to get prepared for court. If you are organized and know what is required, winning is actually pretty simple. A key legal tool you’ll use in preparing your case is the process called Motion for Discovery. It’s the legal term for the process of requesting information needed for your defense. That is, you’ll formally ask for information from the prosecution or court via motion for discovery. The information to request is depended on your individual case. The key things you always want to request because you will always need them for your case of getting out of a speeding ticket in court are:
Radar Gun detail – maintenance records, calibration log, police dept’s FCC license, serial #, manufacturer manual and specifications
Radar gun detail is important because it’s used to determine if the department is certified to use it. It will show if the gun has been properly maintained and used per manufacturer’s guidelines. If not, these are grounds for a motion to dismiss your ticket.
Officer information – daily log for date of your ticket plus 7 days before and after, radar training record, officers certification records
The officer information is used to confirm that the officer is qualified to use the radar. That is key information that will be useful with helping you in getting out of a speeding ticket in court. Accepted industry requirement is 40 hours of classroom training and 24 hours hands on training from a certified instructor. If the officer does not meet these requirements, it is grounds for a motion to dismiss your ticket. The log is used to see if there is a pattern of clocking the exact same speeds.
Copies of both sides of the officer’s copy of your citation
Copies of your ticket are used to know exactly what the officer noted about your case when he wrote it. Officers jot down information about the case for court purposes. This is key to your defense because an officer typically writes 5-10 tickets per day and so will not remember your particular case other than the notes he took. The less details he has, the higher your odds are of winning.