Hello, I believe I was wrongly cited for traveling 58 in a 45 mph zone in Travis County, Texas. Today I plead not guilty, and I signed up for a trial by judge in about a month from today. As I'm preparing my defense, I am ready to mail off my requests for information (discovery). I want to know if you all think I have said all of the right things or not in my request letter. Here is the body of the letter. Please give me your best advice on the content of this letter, considering that I honestly don't believe that I was speeding, but I certainly think it is possible I was speeding. Thus, I have to be prepared. Here it is:
To the Travis County District Attorney:
I, A.K., do hereby request the following information pertaining to my defense of ticket number 4523, issued on August 24, 2009 by Officer #666 of the Austin Police Department.
I am requesting a copy of the following records:
#1: Officer #4523’s training records that pertain to his instruction, certification, or continuation of traffic speed enforcement, and to the instruction and certification in the use of the speed measuring device that was used to ascertain the speed of the vehicle described in ticket number 666.
#2: A copy of the departmental operations or procedures manual used for the training of this RADAR operator, and, if different, the Austin Police Department regulations and guidelines regarding the use, operation, and policies for the use of speed detection equipment.
#3: Officer #4523’s daily log for the day of August 24, 2009.
#4: Officer #4523’s RADAR log for the day of August 24, 2009
#5: The name, model, and serial number of the device used to ascertain the speed of the vehicle described in ticket no. 666, and the serial numbers of the tuning forks used to test the speed-measuring device.
#6: Copies of the maintenance, certification, and calibration records, for the last twelve months, of the speed measuring device that was used to ascertain the speed of the vehicle described in ticket number 666.
#7: A copy of the FCC (Federal Communications Commission) license that authorized the issuing police agency and operator of the speed-measuring device to lawfully operate the device on a specific frequency and/or range of frequencies
#8: A copy of that portion of the radar unit manufacturer’s operator manual relating to field use and operation for any speed detection equipment used by Officer #4523 in regards to the issuance of Ticket no. 666.
#9: A copy of both sides of the officer’s copy of ticket no. 666
#10: A copy of any documentary evidence to be introduced at trial.
#11: All engineering reports and studies performed in the determination of the posted limit, to include, but not limited to, the most recent 85th percentile speed measurement and any collision data used in the determination of the posted limit, as required by Federal law.
#12: A listing of traffic tickets issued by Officer # 4523 for the month of August 2009, to include: date and time issued, alleged violation, and disposition, (if determined).
#13: A total tally of all traffic tickets issued by the Austin Police Department for the month of August 2009, to include: date issued, alleged violation, the DSN of the issuing officer, and disposition, (if determined).
I am requesting that the requested records be mailed to me at the following address, and if there are any fees related to this request, please send an itemized bill for said fees to:
I have enclosed a self addressed stamped envelope if such a need arises. If there is further need for contact in which written correspondence is insufficient, please call (666) 666 – 6666. Please make contact prior to performing any actions which lead to fees in excess of $20.
Thank you in advance for your courtesy.
Is this TOO much? I don't want to piss off the D.A. or let them get overly prepared, but everything I have read says that I should get all of the records I can. Thanks for your help. I was also going to send one to the police department and the municipal court. Does that sound good? I see on the D.A.'s website ([url=http://www.traviscountyda.com/contactus.htm]Travis County District Attorney[/url]) that there is a P.O. Box address to contact the D.A. for general info and also for Open Records Requests. I am a bit confused about whether I am making an Open Record Request or a Request for Discovery. If anyone can shed light on the specifics in Texas or Travis county for getting pre-trial information, that would also be great. Thanks!!