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  #1  
Old 04-26-2005, 04:51 PM
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Join Date: Apr 2005
Posts: 4

How can I subpoena videotape from police car?


What is the name of your state? Michigan.

I went to court today for an informal hearing regarding a traffic ticket for careless driving. (3 points! 175$ and I was going less than 25mph!) I was playing in the snow in my jeep and a cop put the stop to it. I feel the ticket is more severe than my driving, so I fought it and brought some doubt into the mind of the magistrate. He ended my appearance by saying he wanted to review the videotape from the officers car and he will (snail) mail me his judgement. I told him I had requested the tape through the court via the freedom of information act and he not so politely told me "If you knew what you were doing you could get it" I reminded him I am not a lawyer and would like a copy of it.

He said I could file a subpoena for the tape. So my question is how do I do this? My search of the internet tells me it's to get people to appear in court, but I just want to see what evidence is being used against me. Is there a form? Who do I send/mail, etc to get a subpoena for this tape?

Thank you!
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  #2  
Old 04-28-2005, 02:57 PM
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More advice....


Can someone tell me how to subpeona evidence from the court?
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  #3  
Old 04-28-2005, 03:17 PM
seniorjudge
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Quote:
Originally Posted by hedidit
Can someone tell me how to subpeona evidence from the court?
After you plead not guilty and get your trial set, have your lawyer file a motion with the prosecutor for all discoverable evidence.

Also, you could subpoena the arresting officer with a subpoena duces tecum, which means, bring the stuff with you to court.

The magistrate is not required to give you law lessons. If you represent yourself (which I would NEVER advise) then you are deemed to know as much as any other lawyer there.
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  #4  
Old 04-29-2005, 07:59 PM
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no lawyer..


I went to an informal hearing and it is over, I pleaded not guilty and the case began. It ended with the magistrate saying he is going to mail the judgement to me.

I went by myself and do not want to spend another couple hundred bucks for a lawyer to file one piece of paper for me on top of the fine if I lose.

I just want to see the evidence being used against me, there is no other court date.

I think it's odd that the decision will be made based on evidence that is shown to the magistrate without me present and without me seeing it.
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  #5  
Old 05-18-2005, 08:15 AM
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Posts: 4
Thumbs down

Free! you get what you pay for here....


Yeah, I just want to let anybody that takes the time to read this know that if you are seeking advice on this forum, you are wasting your time. These forums are named "free advice", but really it is used as target practice on the under informed by the self-righteous, grossly underqualified frequent posters. Read through the posts and decide for yourself. Most of the replies are condescending one liners or cynical rants fabricated to elevate themselves above the people who are genuinely seeking advice for their plight. Any advice you get is probably wrong or creatively worded to sound like a qualified opinion....and still wrong. Do yourself a favor and remember you get what you pay for.
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  #6  
Old 05-18-2005, 08:20 AM
seniorjudge
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Quote:
Originally Posted by hedidit
Yeah, I just want to let anybody that takes the time to read this know that if you are seeking advice on this forum, you are wasting your time. These forums are named "free advice", but really it is used as target practice on the under informed by the self-righteous, grossly underqualified frequent posters. Read through the posts and decide for yourself. Most of the replies are condescending one liners or cynical rants fabricated to elevate themselves above the people who are genuinely seeking advice for their plight. Any advice you get is probably wrong or creatively worded to sound like a qualified opinion....and still wrong. Do yourself a favor and remember you get what you pay for.
You got 100% correct and 100% legal advice free.

Why are you complaining?
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  #7  
Old 05-18-2005, 08:33 AM
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Join Date: Apr 2005
Posts: 1,140
Quote:
Originally Posted by seniorjudge
You got 100% correct and 100% legal advice free.

Why are you complaining?
You didn't tell him the answer he wanted to hear.

Hedidit... Next time (and there will be a next time), SPEND THE MONEY!
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  #8  
Old 05-18-2005, 08:44 AM
seniorjudge
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Quote:
Originally Posted by hedidit
I went to an informal hearing and it is over, I pleaded not guilty and the case began. It ended with the magistrate saying he is going to mail the judgement to me.

I went by myself and do not want to spend another couple hundred bucks for a lawyer to file one piece of paper for me on top of the fine if I lose.

I just want to see the evidence being used against me, there is no other court date.

I think it's odd that the decision will be made based on evidence that is shown to the magistrate without me present and without me seeing it.
Note that he admits that he did not follow the free and correct and legal advice he got and he STILL complains!?

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