Is this Proper for Traffic Court?

[pro_se]

Hello, I was convicted in Texas on a Class C Misdemenor Speeding violation. I had a couple of problems that needed some answers:

1. I was denied any discovery, and told that the Prosecutions case would be present at Trial, and that I would have to wait until then to see there case.

2. After the Prosecution had done there side, I attempted to call an Officer who I had asked to be called to court under official Court Subpoenia, the Prosecution[Before Trial] denied that I needed this Process, and that the Officer would be there. Well, the Officer came, and when I attempted to call him on the stand, the City Prosecutor called Objection, on Relevance, based on the Officer was not at the scene of the Citation, and I argued that I was using him for the Purpose of Proving my speed was "safe", and to check the average speed that is cited by the PD. The Judge said that the Prosecutions Objection was Sustained.

Do I have a shot arguing the above to an Appellate Court, and getting a New Trial, or even the Case thrown out on the fact that I was denied Discovery and a witness? Or is this Legal at all? Is there anything that I can do here?

[Zigner]

Originally Posted by pro_se

Do I have a shot arguing the above to an Appellate Court, and getting a New Trial, or even the Case thrown out on the fact that I was denied Discovery and a witness? Or is this Legal at all? Is there anything that I can do here?

Nope - you didn't call a "witness". Whatever the "average" speed is (in the way you tried to use it) is not relevant. Also, how could an officer who wasn't there speak to whether you were driving safely or not?

[FlyingRon]

You can appeal. The case most likely will be heard de novo in a regular court with more traditional criminal procedure.

However, I agree with Zig, what do you hope to gain? If you were above the statutory limit, no testimony (even if you were able to get it) about your "being safe" is going to be exculpatory. Nor is any argument about the average speed either of those cited or the actual traffic in the road going to help.

[Hey There]

1. What vehicle code did the judge find you guilty of?
2. What fine did the judge impose?
3. Do you have written documentation that discovery was requested
but denied?
4. Which law in Texas grants discovery for drivers cited for trafifc
violations? Do you have a copy of it?
5. Does the court your trial was held at provide a record of the trial?
If so what would be the fee to obtain it?
6. Have you requested the form to file for Appeal along with instruc-
tions and time limits from the court clerk where your trial was held?
7. Have you checked adds in the phone book for lawyers that give
free consultations or charge a minimal fee for consultation?
8. What method did the officer use in court to show you were speed-
ing? Pacing, Radar, or Lazer?
9. Was your trial at a municipal court of record or at a justice court or
muni court not of record? According to Beat Your Ticket by
Attorney David W. Brown if your trial was held in a court NOT of
record (whatever that means) you can ask for a new trial.

10. To learn more about traffic tickets I have found "Beat Your Ticket
Go To Court and Win" by Attorney David W. Brown essential for
understanding traffic court.
11. I also liked the National Motorists Association website and
became a member.
12. If you pursue your appeal be prepared to devote more than a few
hours to it even if you decide to retain a lawyer.

[pro_se]

I was just going to add an update to this. This AM, the County Court at Judge (Appeals Court on the matter) remanded the case to the Justice Court with orders for me to have a witness on my side, and for Discovery. The case was in the Municipal Court the first time, but the Appeals Judge felt that it needed to go to the Justice Court this time for some reason. Thanks for all the help!