Sunshine Law Violation?

[hankrearden2000]

Greetings from Missouri.

I received a traffic violation in which the officer wrote the ticket for 11 miles above the speed I was actually traveling. I was traveling 62 in a 55, and she wrote the ticket for 73. She also wrote a different driver's license number on the ticket, inflating one number. She seems to have been on a roll, inflating numbers that night.

I determined to fight the case. So, I wrote a letter to the Chief of Police requesting ten items of information. I sent the letter by Certified Mail and received the return receipt showing that someone in the Chief's office had signed for the letter. It's been almost two months and I haven't received a response. The same with the city prosecutor. I sent a certified letter to the prosecutor and never received a response or a return receipt. The Postal Service has no idea what happened to it. So, I hand delivered another copy to City Hall and gave it to the clerk who promised to put it in his mailbox. Still no response.

Missouri has a sunshine law that requires agencies to respond to public records requests within 72 hours. My question is, is the certified letter to the police department good enough service in a legal sense? The law provides remedies and even a fine for officials who do not respond to public records requests.

Prior to this incident, I've had one ticket in my life. That was on January 1, 1982. I paid the fine before the court date because I was guilty. I'm not guilty of this so I intend to fight. Is this sunshine law violation a good enough lever to get this case dismissed? If not, is it feasible to sue the Chief or police department? His & its jobs are to follow the law the same as me!

I went to court this evening and the prosecutor requested a continuance because the officer was one of the few members of the 16 officer department who wasn't present. So, I've got about six more weeks to wait.

The section of road that this took place on is a moneymaker for the city. I was the only vehicle on the road at 1:20 AM on a Tuesday morning. So, public safety isn't what was being protected that morning.

 

[Ohiogal]

What are you asking for is discovery since there is an open case. You did not serve discovery properly. hence it will not be answered.
The sunshine law may not apply to what you were asking for as it is part of an ongoing court case and you didn't say exactly what it was you were asking for.
Not to mention you broke the law. Your defense that you were only speeding x amount and not y amount is not going to change the fact that you were speeding and anyone speeding is a danger to public safety.

 

[hankrearden2000]

Here's what I requested.

To the Chief:

1. Officer's name. It's not legible on the ticket.
2. Type of speed monitoring device used.
3. Serial number of device.
4. Officer's training record on device used.
5. Maintenance records for device used.
6. Calibration records for device used.
7. Make, model, and license number of patrol car officer was operating.
8. Departmental standards for the types of devices used.
9. Departmental officer training standards for devices.
10. The municipal code that the officer alleges was violated.

To the prosecutor:

The ten above and,

11. The officer's location when the violation was first alleged.
12. Location of my vehicle when the officer started and stopped clocking my vehicle.
13. Name of the second officer on the scene. Type and license number of the vehicle the second officer was driving.
14. Location of the citing officer in relation to the second officer when the citing officer first noticed the alleged violation?
15. Number of vehicles that were on the road in my vicinity when the alleged violation was first noticed.

What constitutes proper service?

From what I understand, a public records request is completely different than a discovery request. The records custodian is required to respond to the request within 72 hours or provide a reason for denial.

The speed I was traveling at has a direct impact on the punishment I receive. Had the officer written the ticket for the actual violation, or if the prosecutor will bargain to reduce the violation to the actual speed I was traveling, then there would be no argument from me.

 

[racer72]

Duplicate post, you only need to post in one forum.

 

[Ohiogal]

Here's what I requested.

To the Chief:

1. Officer's name. It's not legible on the ticket.
2. Type of speed monitoring device used.
3. Serial number of device.
4. Officer's training record on device used.
5. Maintenance records for device used.
6. Calibration records for device used.
7. Make, model, and license number of patrol car officer was operating.
8. Departmental standards for the types of devices used.
9. Departmental officer training standards for devices.
10. The municipal code that the officer alleges was violated.

To the prosecutor:

The ten above and,

11. The officer's location when the violation was first alleged.
12. Location of my vehicle when the officer started and stopped clocking my vehicle.
13. Name of the second officer on the scene. Type and license number of the vehicle the second officer was driving.
14. Location of the citing officer in relation to the second officer when the citing officer first noticed the alleged violation?
15. Number of vehicles that were on the road in my vicinity when the alleged violation was first noticed.

What constitutes proper service?

From what I understand, a public records request is completely different than a discovery request. The records custodian is required to respond to the request within 72 hours or provide a reason for denial.

The speed I was traveling at has a direct impact on the punishment I receive. Had the officer written the ticket for the actual violation, or if the prosecutor will bargain to reduce the violation to the actual speed I was traveling, then there would be no argument from me.

Read thel rules. You have no right to get discovery directly from the chief. And the prosecutor has to show you everything that he plans to use to prosecute you. It is an open case. NO sunshine law applies. Discovery does.