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  #1  
Old 01-31-2003, 10:19 AM
jace2020
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Right to see evidence


What is the name of your state? New York

I recently recieved a speeding ticket I feel I am not guilty for. When the officer issued the ticket, I asked for some evidence of speeding, which I was denied. My question is: Do I have a right to see evidence at the time of the issueing of the ticket?

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  #2  
Old 01-31-2003, 01:52 PM
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No, that is what court rooms are for. Police officers do not have to show any evidence on the side of the road.
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  #3  
Old 01-31-2003, 02:35 PM
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You have the full right at trial to see the evidence and question the accuser/witness.
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Old 02-03-2003, 03:29 PM
Gr8Writer
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You may


Depending on your state, you may have the right to subpoena the police officer's notes to assist you in preparing your case for trial. If your state allows this, but the police officer ignores your request, you may have to file a "motion to compel discovery" in order to get these notes. If they still don't provide you with the notes, you may be able to argue to the judge that even if you got the notes now, the officer violated your right to a speedy trial by refusing to turn over the notes and the case should be dismissed.

I know this law exists in California because that's exactly what I just did. You can get more information on this in the traffic section at [url]www.findlaw.com[/url]
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Old 02-03-2003, 09:52 PM
loocpoc
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Re: You may


Quote:
Originally posted by Gr8Writer
Depending on your state, you may have the right to subpoena the police officer's notes to assist you in preparing your case for trial. If your state allows this, but the police officer ignores your request, you may have to file a "motion to compel discovery" in order to get these notes. If they still don't provide you with the notes, you may be able to argue to the judge that even if you got the notes now, the officer violated your right to a speedy trial by refusing to turn over the notes and the case should be dismissed.

I know this law exists in California because that's exactly what I just did. You can get more information on this in the traffic section at [url]www.findlaw.com[/url]
That is somewhat true. If there is nothing reguarding your case in the officers notes and it is proven to a judge than your right to see his notes will be thrown out.
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