Discovery Requests and Probation Before Judgement...

[Jack Faust]

Writing from: Carroll County, Maryland

Hello All,

I recently received a speeding ticket and have decided to go to court, mainly to try to avoid the 2 points. This is the second ticket I've received in my 20 years of driving, the last being in 1995. I've done some research myself but would really appreciate advice from people who actually have some knowledge on the subject.

It appears that the best thing for me to do would be to request probation before judgment. Is this as simple as saying to the judge on my court date, "Your Honor, I would like to request Probation Before Judgment"? Or is there more to it? Do I have a good chance of avoiding the points by going this route?

I'm also considering submitting a discovery request, because the circumstances seem a bit fishy to me, for several reasons:

1) I know I wasn't driving the speed I was cited for when I passed the officer because we passed on a blind curve (the officer was not parked, but driving in the opposite direction) and I checked my speed prior to approaching it.
2) I know I wasn't speeding after I passed the officer because I had just checked my speed.
3) I know I wasn't speeding when I saw the officer I had just passed turn around and come after me with his lights on because I slowing down to pull over!
3) To my knowledge, current speed measuring devices used by police can't measure around curves.
4) I passed no other officers who could have radioed ahead, and there was no aircraft (although a few minutes later, another officer, coming from the opposite direction, pulled over directly across the road, apparently just to stare at me).

I'm thinking that something in the officer's report or some other document may get my case dismissed, but I'm not hopeful. Even so, I think it would be useful just to know how to submit a discovery request. So, my questions are:

What is the statute or code that entitles one to submit a discovery request? Do I submit the request to the District Court, the officer, both? Neither? Besides the officer's report and radar maintenance and calibration records, are there any other documents I should request? When and if I receive these records, will they be accompanied by a large bill?

Thanks and Regards,

Matt

 

[seniorjudge]

Ask for a diversion (read on):

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[cepe10]

YES, In MD district court they freely give out "probation before judgement" just for attending and pleading guilty.

Fighting it is difficult as the feudal lords (judges in MD) ignore the case law - Fitzwalter, Goldstein etc and rules frequently. Although it does depend on the judge - some are honest and will require the calibration etc. to be presented or give dismissal.

If it was a MSP trooper it is doubtful and of the correct procedure was follwed to make a valid measurement (although the court may or may not care)

I looked at the books in the several of the barracks a few months ago and on the instrumention (radar and lidar) most if not all had not been calibrated in years...

You would be looking for the calibration for the radar gun (moving unit), calibration of the patrol car speedometer, and the calibration of the tuning forks used to check the radar gun. Along with the notes and both sides of the citation. You can also ask him for the same while he is on the stand.

There will be no prosecutor in the district court trial. But you could send your discovery request to the district court clerk and the trooper barracks. (I'm not sure discovery is honored until you appeal to circuit court-see below) This may jsut give him more time and the inclination to invent more evidence and a better story for the court though....

There is also the Maryland Public Information Act (MPIA) through which you can attempt to get the same. However the MSP ussually do not obey this law and provide the data (they enforce the law - but do not obey the law themselves)


Rule 4-262. Discovery in District Court.

(a) Scope.- Discovery and inspection pursuant to this Rule is available in the District Court in actions for offenses that are punishable by imprisonment, and shall be as follows:

(1) The State's Attorney shall furnish to the defendant any material or information that tends to negate or mitigate the guilt or punishment of the defendant as to the offense charged.

(2) Upon request of the defendant the State's Attorney shall permit the defendant to inspect and copy (A) any portion of a document containing a statement or containing the substance of a statement made by the defendant to a State agent that the State intends to use at trial or at any hearing other than a preliminary hearing and (B) each written report or statement made by an expert whom the State expects to call as a witness at a hearing, other than a preliminary hearing, or trial.

(3) Upon request of the State the defendant shall permit any discovery or inspection specified in subsection (d) (1) of Rule 4-263.

 

[Jack Faust]

Thanks, seniorjudge

I nearly had my sandwich come out of my nose when I read this one from your link on court etiquette:

"If you have some miscellaneous drug charge, think twice about clothing with a marijuana leaf on it or a t-shirt with the “UniBonger” on it."

So I guess I'll have to leave my Sammy Hagar "I Can't Drive 55" Tour shirt at home.

Thanks for taking the time to reply, and for the laugh!

Regards,

Matt

 

[Jack Faust]

Hi, cepe10

Thanks for all the info. Right now I'm leaning towards just trying to get the points waived, rather than fight the ticket. Although I really would like to see that officer's report...

Regards,

Matt