QUESTION

What can one do for him or herself (without hiring a lawyer) in regards to finding out what evidence is available incriminating that person?

Asked on Dec 13th, 2011 on Traffic Violations - North Carolina
More details to this question:
I received a speeding ticket. I have reason to believe that the officer never actually clocked me on a radar or anything. I was wondering if I had the right to know what evidence is being brought against me. Furthermore, I would like to know if I have the right to access that information, through the DA or otherwise, without the aid of a professional lawyer. Our DA''s office is not allowed to discuss any matter regarding a court date outside that court date due to budget cuts. I am hoping to prepare for meeting with him at that time.
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1 ANSWER

The following response is intended for general information purposes only and is not to be construed as legal advice. As an attorney preparing to defend a citation for speeding, I would seek access to the Clerk's file and request a copy of the actual citation that may have additional notes on it that were written by the officer.  This may not be as simple for an individual to accomplish.  If you cannot access the clerk's file, as an attorney, I would seek to subpoena the information from the officer.  Typically with speeding tickets, the officer does not make a report other than the actual citation itself.  This link will provide you a form to prepare a subpoena.  The subpoena needs to be served on the actual officer at the agency (i.e. Raleigh Police Officer must be served at the Raleigh Police Department).  The citation is a public record and is capable of being subpoenaed.  The other information that I would subpoena from the officer, as an attorney seeking to actually prepare for trial on a speeding citation, would be calibration records for the radar issued to that particular officer.  I would include this in my subpoena of the officer.  If I could not gain access to the clerk's file or if the officer failed to provide me with the subpoenaed information, I would seek to question the officer regarding this information during the actual trial.  In my experience, it is very rare for one to win a trial on a speeding citation.  It is very difficult to prove that an officer did not use radar if the officer testifies that he did.  Most of the trials I have seen for speeding citations were pro se (without an attorney) and again, they are rarely successful.  If an individual is unsure of the impact a guilty verdict or a plea of responsible to a traffic citation will have on the person's insurance, it would be wise to seek the advice of counsel.  Lastly, be cautious of ignoring plea offers made by the District Attorney because if you are convicted after a trial, you may be convicted of the speeding citation as it is charged (i.e. Speeding 88 in a 65).  Certain speeding convictions may suspend your license or cause large insurance increases. 
Answered on Dec 15th, 2011 at 2:04 PM

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