Speeding ticket in Virginia, Alleghany County

[Nullsweat]

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

I was issued a ticket for 78mph in a 65mph zone while driving home on a road trip.
I was rather boggled initially, as I am not a habitual speeder and had cruise control set
to just below 70. I explained to the deputy that I did not believe I was going as fast as he
stated. He invited me to his cruiser to view footage of the radar gun at the time he clocked
me. When I looked at the footage it appeared to me that the radar locked onto a truck
which was passing me at that time (I watched it twice). I attempted to point this out to the
deputy, but he said he wasn't going to argue with me and that I was getting a ticket.
I believe the deputy made a genuine mistake but did not think so or did not want to admit it.

Part of me really doesn't want to deal with the time and hassle of trying to fight this. I
understand that I may be able to avoid the points on my license if I pay up and go to traffic
school. The other part of me is indignant at the situation and a police department that
apparently amounts to a waste of tax dollars.

I have drafted a request for discovery for several items, particularly the video footage that
was captured at the time of alleged infraction (which I feel is the make/break evidence).
I am just a normal guy and have never done anything like this, so I have only a loose
understanding of how these things go based mainly on the internet.

My questions are:
Is the state required to provide the footage?
The only pertinent item to discovery I could find was Rule 3A:11 of the Virginia Supreme Court,
and it was not clear to me if the footage fell under this rule.

Can I request discovery before my adjudicatory hearing?
If I am actually provided with the requested evidence I would want to review it before
entering my plea.

If the plaintiff fails to comply with my discovery request, could I move for dismissal?
Failing this, at least ask for a motion to compel discovery by the court?

Any advice would be welcome, I am torn between the convenience of giving in to the
system (thus avoiding a 6 hour round trip drive) and wanting to fight what I feel is an
unjust charge.

Thanks in advance.

 

[Maestro64]

I am impressed the officer offer to show you the video, I did not know they could play it back in the car since the tape is usually in the truck. Most people here will tell you that officer does not have to take the time to show you or prove to you he had any real evidence against you at the time of the pull over, but it appears you meet the exception.

To any your questions,

Yes you can make a discovery request for the video and the officer will have to comply, especially if you go through the court and they orders the discovery request must be comply with.

If they fail to comply with the discovery request you can motion for dismissal, the Judge may or may not dismiss on those grounds alone. Depend on the judge and if you did everything correctly.

You can request discovery at any time, and usually they must comply with in a limited number of days, however, usually you have to enter your plead prior to this so you most likely will just have to plead not guilty.

You might want to request discovery on his notes as well, he might have written everything down you said, about the cruise control and most people are found guilt on their own omission verse any facts the officer may or may not have.

The best part of your situation is the fact you know what is on the tape, and it sounds like the officer failed to use proper tracking history. There is no way for the officer to know what car is returning the signal to his unit so he was to rely on watching all the cars and observed the on that appears to be going fast and this is usually done by see who is passing who at the time.

So you can obviously fight the ticket and drive the 6 hours or just pay and not worry about it. However, it sounds like you have good case especially if there is truck passing you at the time and it is well know that larger objects return a much stronger radar signal.

Good Luck