Request for Discovery in Florida Allowed?

[mrgonzo]

HI, I received a speeding ticket in Florida.

I have set a court date and purchased a legal book which suggest doing a request for discovery, however when I called my local court clerk she said that you can not do one for traffic infractions - this may be the case - but I was hoping that someone may know if a Request for Discovery is allowed in Florida for traffic infractions?

I don't see how they expect me to prepare for the case otherwise.

 

[cepe10]

It may be a civil infraction proceeding.... but even in civil there is discovery.


http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0318/SEC14.HTM&Title=->2006->Ch0318->Section 14#0318.14

 

[mrgonzo]

Thanks Cepe10,

I went through that link you had attached, but couldnt find a portion on discovery.

I called them today and the clerk of the court said again that I can not do discovery and then gave me a long lecture about how this is not real court basically.

I will have a judge, but the case will be held at the dedicated traffic court, no jury, no prosecuter, just me and the cop. There was no option for a jury.

I guess I will just mail a discovery request anyway and see what happens, problem is the book says to mail the prosecuter, however apparently there isnt one and the book also says to mail the clerk of the court and they said they dont have anything on file but the ticket and my notice to appear. I really need to send one to the police department, can I do that?

Thanks.

 

[FlyingRon]

You get a hearing officer. If you are found guilty you can appeal to the regular court and most likely the case will be heard again de novo.

 

[cepe10]

It appears a kangeroo kourt where the officers of the court, clerk and judge team up with the LEO to be the prosecutor...


The rules would seem to require the foundation...so not sure how they could deny discovery - may have to go to the enforcement agency itself - but you can expect them to play dirty.

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=15B-2

for example

"A written log of each internal and external tuning fork accuracy check(s) shall be maintained. Log forms may be of a design suitable to the particular needs of the operator’s jurisdiction."

That log (and other materials) have to be available for discovery even in a civil case...

 

[mrgonzo]

Yes, well I am just going to send a few requests out on Saturday I have nothing to lose, now I just have to find who the local prosecuting agency is for sanford fl? They told me there is no prosecuter so this should be tricky.

My law book seems to only request for notes:

"1. The above-named defendant hereby requests that you provide, to the defendant whose address is indicated below, copies of any and all relevant written or recorded statements of witnesses, including any statements, diagrams, or drawings made by the citing officer on any piece of paper – including the reverse of his copy of the citation – or other medium of information storage."

How would I ask for the radar gun model and operating manual? Do you think that I can do that?

 

[mrgonzo]

I called the court this morning to find out who the attorney that oversees traffic court is and they again got mad and told me there is none.

I asked them for the district attorneys name and got it, but I have no idea if there is only one district attorney or if that is even someone I should send the request to? My book just says prosecuting attorney, not sure what a DA is really.

 

[cepe10]

you can send it to the law enforcement officer - apparently without a prosecutor he is bringing the charge and calling himself as a witness (even though ti is unethical since he has not passed the state bar) that or the judge is acting a prosecutor which is beyond unethical..but what can you do but file properly and appeal.