How to Request Discovery in Traffic Court

In any legal fight, it is best to go in with as much information as possible. Fortunately, in a traffic case, you might have the right to access the government's evidence against you (as you would in criminal cases). This right to access is called "discovery."

Oftentimes, the information you obtain through discovery can be a huge help when cross-examining the officer and presenting your own case at trial.

Civil Infractions vs. Criminal Offenses

The right to discovery often hinges on whether the offense is a criminal offense or a civil infraction. An offense generally is considered criminal if it has the potential for jail time. Civil infractions tend to be limited to fines.

In criminal cases, defendants have a right to discovery. But there might be slight variations in what you can get in discovery from state to state.

Whether you can get discovery for a civil infraction varies from jurisdiction to jurisdiction. You might have to conduct an internet search or check with your local police department, court, or prosecutor's office to find out whether you can get discovery for a simple traffic ticket.

How Do You Get Discovery in a Traffic Case?

Discovery procedures vary by jurisdiction. And it actually is fairly uncommon for drivers to request discovery at all in a traffic case. But here are some basics of how it generally works.

Traffic Court Discovery Request Should Normally Be in Writing

To discover the officer's notes or other documents in a traffic case, you must make a specific written request for the disclosure of all notes or documents relevant to your case. In your request, you should describe precisely the items you're requesting and include a general statement such as "all other relevant documents and other evidence in the government's possession."

Where to Send Traffic Court Discovery Requests

Generally, discovery requests should be sent to the law enforcement agency that issued the ticket, the prosecuting attorney (in jurisdictions that use prosecutors in traffic court), and to the traffic court clerk. Not all prosecutors' offices are involved in traffic court proceedings because traffic tickets often are civil offenses, not the criminal offenses that prosecutors deal with. In those jurisdictions, you likely will be communicating directly with the law enforcement office that gave you your ticket.

Find Out About Local Traffic Court Discovery Procedures

Before doing anything, it's a good idea to check with the prosecution, the court clerk, and the relevant law enforcement agency to ensure that you're following the local discovery procedure.

What Kinds of Things Should You Include in a Traffic Court Discovery Request?

As previously mentioned, your discovery request should always include a general request in which you ask for all relevant information about your case in the government's possession. In your request, you should include your name, the date of the offense, and the police report number or citation number. Some jurisdictions might want more information.

Here are some common items that you might want to request in a traffic case:

• copies of the ticketing officer's notes
• calibration records for the radar or other devices the officer might have used in determining your speed, and
• any videos or photographic evidence in the government's possession.

What you request, of course, depends on the type of ticket you received. Some of the items you request might not exist. However, if you think the government might have an item or category of evidence, it typically doesn't hurt to ask for it.

Don't be surprised if you get a response that doesn't contain much information. Unlike criminal cases, officers often don't write detailed notes for a traffic offense. They also might not have a police report to turn over. Of course, the types of records they keep often depend on department policy. Also, not all departments use body or dashboard cameras.

What If Your Discovery Request is Ignored in Traffic Court?

Because so few traffic defendants ask to see the evidence against them, many police and prosecutors (and even some judges) believe this right to discovery is not available in traffic court. So, if your discovery request doesn't initially get results, follow up with a second request—reiterating that you believe access to the officer's notes is critical to presenting your defense—that you have not received a response to your first request. With this second request, make sure you send it to all the same entities and include copies of the first request.

Motion to Compel Discovery in Traffic Court

If you get no response to your discovery request, you can file a motion to compel discovery with the traffic court. You should give the government a few weeks or so to reply, unless your trial date is fast approaching, before filing the motion. However, the timeframe for filing a motion varies depending on the state or court.

Basically, in this motion, you're asking the judge to order the government to turn over the requested documents and other evidence. Again, it's probably a good idea to call the court clerk to find out how you should go about filing this type of motion.

Ask the Traffic Court Judge to Dismiss the Ticket

So, what can you do if the government doesn't comply with your discovery request?

If your trial date comes and your discovery request has still been ignored, you should ask the judge to dismiss your ticket for the discovery violation. In a case where the government clearly has the requested discovery in its possession—like calibration records for a radar unit used to measure your speed—there's a pretty good chance of getting a dismissal. However, in many other cases, the government might come into court and tell the judge there aren't any officer notes or other documents to be discovered. In these types of cases, it's unlikely the judge will do anything about the government's failure to respond to discovery requests.

Getting Help From a Traffic Attorney

If you want the best chance of beating a ticket in traffic court, you should at least talk to a traffic attorney. An experienced traffic attorney can tell you how the law applies in your case, advise you on available defenses, and help you decide on the best course of action.