Subpoena - Traffic Court

[robrwinters]

What is the name of your state? Texas

I received a traffic citation for speeding. I truly believe that I am not guilty and have set the case for trial by jury. I am representing myself and have a pre-trial hearing scheduled for November 23.

I would like to subpoena the following documents:

* Certificates pertaining the the radar unit
* Radar calibration log
* Speedometer calibration log for the police officer's vehicle
* Operation manual for the radar unit
* Certificates of completion for the issuing officer of the training course for the operation of the radar unit involved

My question is how to request or subpoena these documents. Are there any forms that anyone can point me to?

Thanks in advance for any help you can provide.

 

[seniorjudge]

The way you ask for all that will be to ask the court clerk for a subpoena duces tecum.

Assuming you get all that stuff, then what is your defense? What is your evidence?


I truly believe that I am not guilty and have set the case for trial by jury

This is not evidence; it is a statement of faith.

 

[robrwinters]

Evidence

Here are the circumstances...I was driving west at 60 and the officer was driving east (presumably at or near 60 mph.) He clocked me using moving radar. The traffic conditions were heavy and were noted as such on the citation. The officer cited me for driving 73 miles per hour in a 60 mph zone. I was absolutely driving 60 mph.

My defense depends a lot on what discovery reveals.

Officer's notes (how far away he was when he allegedly clocked my vehicle)
Calibration records of the police vehicle's odometer and the radar unit
Other traffic within the path of the radar's beam range
Flat surfaces such as signage that can cause a bounced signal
The officer's testimony regarding the stop ((i.e. surrounding vehicles, distance that he allegedly clocked the vehicle, power lines (I have a photo of the area where the offense allegedly occured) was he using his air conditioner etc))

 

[Jack_David]

Good luck in your case.

BTW incase you dont know let me give you a little bit of help with your defense.

From what you are asking for it seems to me you are going to base your defense on the fact that either the rader/laser gun wasnt working properly or that the officer might not know how to use it properly.

I'm not going to say whether that is a good or bad defense, but since you are in Texas I'll let you know what another good defense is.

In Texas it is not illegal to drive over the speed limit.

http://www.capitol.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000545.00.htm#545.351.00

§ 545.351. MAXIMUM SPEED REQUIREMENT.
(a) An operator
may not drive at a speed greater than is reasonable and prudent
under the circumstances then existing.
(b) An operator:
(1) may not drive a vehicle at a speed greater than is
reasonable and prudent under the conditions and having regard for
actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as
necessary to avoid colliding with another person or vehicle that is
on or entering the highway in compliance with law and the duty of
each person to use due care.
(c) An operator shall, consistent with Subsections (a) and
(b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an
intersection or railroad grade crossing;
(2) the operator is approaching and going around a
curve;
(3) the operator is approaching a hill crest;
(4) the operator is traveling on a narrow or winding
roadway; and
(5) a special hazard exists with regard to traffic,
including pedestrians, or weather or highway conditions.

Depending on what speed you were clocked at going and what the speed limit actually was, and what the conditions were this is likely to be a better defense.

The prosecutor will try to use the fact that you were going over the speed limit as evidence that your speed wasnt reasonable.

http://www.capitol.state.tx.us/statutes/docs/TN/content/htm/tn.007.00.000545.00.htm#545.352.00

§ 545.352. PRIMA FACIE SPEED LIMITS. (a) A speed in
excess of the limits established by Subsection (b) or under another
provision of this subchapter is prima facie evidence that the speed
is not reasonable and prudent and that the speed is unlawful.

However that is only one piece of evidence and ultimately it is up to the jury to decide what is reasonable and what is not.

 

[robrwinters]

Thanks for the information. I have done quite a bit of research on the subject. While I don't have a smoking-gun to prove my innocence, I believe that once I can view the evidence that the prosecution will present, I can poke holes in it and create reasonable doubt.

As an aside, the reason I selected a jury instead of the judge, is that the police officer who issued the citation is the elected Constable of the precinct in which I was stopped. Since it's going to be in justice court, the JP and the constable are undoubtedly close acquaintences and would be more likely to believe the word of the constable.

 

[Jack_David]

As an aside, the reason I selected a jury instead of the judge, is that the police officer who issued the citation is the elected Constable of the precinct in which I was stopped. Since it's going to be in justice court, the JP and the constable are undoubtedly close acquaintences and would be more likely to believe the word of the constable.

Its almost always better to go jury trial especially in these types of cases.

In my experience chances are good that the prosecutor might just decide to drop the case altogether if you can show them that you seem to be an intelligence person who actually knows your rights.

Cause alot of times this is all just about bringing in money, and they would rather not waste the time and money for a jury trial that wont bring much money back in.

God bless Texas, I love that this state unlike many others and is not geared up solely for revenue generation, and that we have a right to a jury trial even for speeding tickets.

 

[LawGirl10]

Its almost always better to go jury trial especially in these types of cases.

In my experience chances are good that the prosecutor might just decide to drop the case altogether if you can show them that you seem to be an intelligence person who actually knows your rights.

Cause alot of times this is all just about bringing in money, and they would rather not waste the time and money for a jury trial that wont bring much money back in.

God bless Texas, I love that this state unlike many others and is not geared up solely for revenue generation, and that we have a right to a jury trial even for speeding tickets.

Jack,

Do you practice law in Texas? In particular, have you handled traffic law? I looked at the main statute you cited, and in other states, that type of statute is used for a very different circumstance than what you cited it for. The prima facia statute you later cited (the full text and not just the part that appears in your response) appears to be the one that will be used in court. Where did you get your understanding of these statutes?

 

[CdwJava]

Officer's notes (how far away he was when he allegedly clocked my vehicle)

This level of detail may or may not be in the officer's notes. The officer may not have even written any notes.

Other traffic within the path of the radar's beam range

Not available in Discovery unless in the notes ... not likely in the notes ... it generally wouldn't be in mine.

Flat surfaces such as signage that can cause a bounced signal

Also not likely available in Discovery.

The officer's testimony regarding the stop ((i.e. surrounding vehicles, distance that he allegedly clocked the vehicle, power lines (I have a photo of the area where the offense allegedly occured) was he using his air conditioner etc))

You'll have to wait until court to get THAT testimony.

- Carl

 

[robrwinters]

If there are not notes, that's even better. I want to be prepared when I get to court. I know that signage won't be in discovery. I can take a picture with a digital camera.

The point is to be prepared -- to know what the officer is going to say before asking the question.

Once the trial is over, I'll let you know how it went.

 

[Kane]

You might also want to consider that it's ultimately a jury you have to convince.

If they're not impressed with certificates and calibrations and manuals, that stuff isn't going to matter much.

Also, consider who they're likely to blame for getting dragged away from their homes and businesses over a speeding ticket, when you're thinking about what you want to say.

 

[Jack_David]

Also, consider who they're likely to blame for getting dragged away from their homes and businesses over a speeding ticket, when you're thinking about what you want to say.

Definately it might be good to try to include something in your closing statements about how the prosecutor must have solved all othe real crimes since they are taking up everyones time to prosecute this one case.

Remember them that it is everyone's right to a trial by jury in Texas and how its ultimately up to the prosecutor and the court itself to decide which supposed crimes are worthy of taking to trial, and that nobody wants to live in a state where you can be prosecuted for any little thing.

You might want to say something to that effect in your own words.

FWIW I have faith in my fellow Texans I know most people will drive atleast up to 10mph over the limit.

 

[Jack_David]

Do you practice law in Texas?

Nope but I did stay at a Holiday Inn Express last night.

Nah I'm just another citizen who likes to educate himself on the laws in my state. I wouldnt like the government to be able to dick me around for no reason. And I'm not the kind of person who would pay a couple hundred dollars for a lawyer for a simple speeding ticket.

In particular, have you handled traffic law?

I've gotten 3 speeding tickets. 1st I paid because I was young and naieve. The other two got dismissed.

I looked at the main statute you cited, and in other states, that type of statute is used for a very different circumstance than what you cited it for.

Okay, I'll bite, in other states what is that kind of statute used for?

The prima facia statute you later cited (the full text and not just the part that appears in your response) appears to be the one that will be used in court.

The part that I snipped was just some details that in and of themselves didnt make law.

Here is the most important part of the part that I didnt include.

(b) Unless a special hazard exists that requires a slower
speed for compliance with Section 545.351(b), the following speeds
are lawful:

That whole section is just a listing of "lawful speeds." That in and of itself doesnt mean that going over the speed limit is unlawful.

Going over the speed limit itself is "evidence" that the speed is unlawful, but that doesnt necessarily make it fact.

Where did you get your understanding of these statutes?

Mostly from the following website.

http://www.mit.edu/~jfc/laws.html

And then reading the relevent law myself.