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  1. #1
    louhazosc Guest

    How to Subpoena police video for traffic court?

    What is the name of your state? Florida

    Recently I witnessed an incident where a police officer went flying across 3 lanes of on coming traffic into a ditch, it happened about 100 yards in front of me. I had no idea why it happened since I was so far away but I got a glimpse of it. About 2 hours later I was pulled over by 2 state and 2 local police, forced out of my vechile, handcuffed, read my rights, and put into the back of the police car. I was then told that they had a "Be On The Look Out For" a vechile matching my vechile that ran a police officer off the road (obviously what I saw earlier). To make a VERY long story short, I was handcuffed and read my rights and told they had an eye witness that saw me run this state trooper off the road by cutting him off. Then, here's the funny part, I was given an 86 dollar citation for failure to yield to a police offier attempting to overtake me and improper change of lanes. All that I really need is the video from this troopers vechile to show that I was nowhere in front of him. How can I go about getting this myself legally without stepping on toes and hurting myself in the long run. Thank you
  2. #2
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,445
    Well, IF there is a video, then you can get a copy of it during Discovery. You should secure an attorney as soon as possible because he/she would know how to lawfully request such a tape before it gets re-used.

    Again, that is IF a tape exists.

    For some reason a lot of southern states have recorders in their cars. Here in CA there are very few. So taping policies and mechanics are a little foreign to me.

    Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  3. #3
    louhazosc Guest
    Actually I should have been more specific. How can a tape be obtained by myself, without a lawyer.
    FL SHOULD have video in all state trooper vechiles accoring to a friend in the academy right now.
  4. #4
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    27,445
    If they have the tape player in the car it does not mean that the tape was running. There are different methods to activate the recorders, and in some cases there are bypass switches, so its hard to say.

    Now, as for obtaining a copy this can be very tricky. If you do it the wrong way, the agency will be under NO obligation to turn anything over to you or even to tell you that you filed the wrong paperwork. So, you might do well to either contact the court and see if they have a self-help program or reference of any kind, or, check the local bookstore for books on how to fight traffic tickets in FL. That may give you the forms and/or procedures necessary to request a copy of the tape.

    But, I keep reading horror stories of people who try to obtain Discovery items themselves and are dumbfounded when their trial comes up and they have not received the items and discover that nobody was ever obligated to tell them WHY they never received a response. Do-it-yourself legal filings can be very dicey unless you really have a grasp on what your doing. I work daily around the legal system and the courthouse and I would never consider it at all.

    But, it's your call.

    Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  5. #5
    louhazosc Guest
    Thanks for the advice. As far as not hiring representation, it's not a choice but a financial issue. Trust me, if I could I would.

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