Requesting Documents in WI Traffic Case

[isaac2004]

What is the name of your state (only U.S. law)? Wisconsin

I am inquiring about how to obtain records regarding my case through public records law. I have read through the statuate, but I am still a little confused on how to exactly request the documents and who I request them from. Would sending a letter to County Clerk with my case number and a list of documents that I would like to review for my case suffice? Any help would be greatly appreciated. Let me know if you have any questions. Thanks.

 

[Free_Advice]

For FOIA, request it from either the dept. or corporate consul of the town.

For discovery, make a request for docs to the DA .. no need to file with the court.

 

[CdwJava]

I am inquiring about how to obtain records regarding my case through public records law. I have read through the statuate, but I am still a little confused on how to exactly request the documents and who I request them from. Would sending a letter to County Clerk with my case number and a list of documents that I would like to review for my case suffice? Any help would be greatly appreciated. Let me know if you have any questions. Thanks.

What kind of records are you looking for?

 

[isaac2004]

Information like the radar report used in my citation, the officer's notes used for the citation, the arresting officer's citation history for the day and the week of my citation. Information like that, pretty much anything pertinent to my case.

 

[asiny]

Information like the radar report used in my citation, the officer's notes used for the citation, the arresting officer's citation history for the day and the week of my citation. Information like that, pretty much anything pertinent to my case.

Request discovery from the court. You can find sample discovery letters littered across the internet- be sure you understand what it all entails and that you follow the legal system requirements. Your ignorance of how the legal system operates, or it's requirements, won't excuse mistakes you make in your request.

If you are unsure, seek an attorney who will go through this entire process for you.

 

[Free_Advice]

Information like the radar report used in my citation, the officer's notes used for the citation, the arresting officer's citation history for the day and the week of my citation. Information like that, pretty much anything pertinent to my case.

Some of this will not be available under discovery (citation history for one). But would be under a FOIA .. so do both & ask for everything with both. You may wish to ask for training records , certificates of training, etc, department policies or regulations regarding the use of the instrument, invoices for the instrument (this can be important believe it or not) or just ask for invoices for the past 5 years for SMDs for the dept.

 

[isaac2004]

Some of this will not be available under discovery (citation history for one). But would be under a FOIA .. so do both & ask for everything with both. You may wish to ask for training records , certificates of training, etc, department policies or regulations regarding the use of the instrument, invoices for the instrument (this can be important believe it or not) or just ask for invoices for the past 5 years for SMDs for the dept.

Pardon me for asking, but what is an SMD? Is there also a different process for FOIA requests, or do I just state in the letter that this documentation is granted via the FOIA?

I also have a question about who this request gets mailed to. I am sending letters to the state patrol, the county clerk and the court commissioner through the justice facility. The paperwork I received never mentioned the attorney's name, so I need to send him a request as well? Who would be respnisible supplying his name at my request?

Thanks again

 

[Free_Advice]

Pardon me for asking, but what is an SMD? Is there also a different process for FOIA requests, or do I just state in the letter that this documentation is granted via the FOIA?

I also have a question about who this request gets mailed to. I am sending letters to the state patrol, the county clerk and the court commissioner through the justice facility. The paperwork I received never mentioned the attorney's name, so I need to send him a request as well? Who would be respnisible supplying his name at my request?

Thanks again

SMD = speed measuring device

You don't serve the court with discovery - you do this to the opposing party the DA -- call up the DA's office and find who to serve.

 

[HighwayMan]

As usual, Free_Advice and asiny are commenting on issues they know nothing about - in this case Wisconsin traffic laws.

According to the Wisconsin state government website (http://www.dot.wisconsin.gov/statepatrol/enforcement/faqs-enforcement.htm):

Am I entitled to pre-trial discovery for a traffic citation?

Generally, neither party is entitled to pretrial discovery in traffic forfeiture actions. But a defendant has a limited right to inspect and test devices used by the state to determine whether a traffic violation has been committed, including speed and alcohol detection devices. Before these devices can be inspected and tested, a defendant must first request court approval within 10 days after the alleged violation, and a court must order that these devices be inspected and tested. See Wisconsin statute 345.421.

Isaac - what statute are you referring to that you say you have read and don't understand?

 

[HighwayMan]

...consul of the town.

To the best of my knowledge, consuls have not existed since the days of the Roman Empire.

 

[Free_Advice]

To the best of my knowledge, consuls have not existed since the days of the Roman Empire.

aaa, yeah !