How to Request Discovery for a Traffic Ticket
- 1). Draft a header for a motion-for-discovery letter. Include the case number, which you should find in the letter from the court setting the hearing date, the name of the court, the name of the defendant (you), and the name of the plaintiff (usually the state in which the ticket was issued).
- 2). Compose a formal introduction in the motion-for-discovery letter. Include the full name of the defendant and in a short sentence say that you are requesting discovery materials regarding the case, and include the case number.
- 3). Compose the first paragraph in the letter explaining why you are filing the motion. Most likely it is because you feel that you have been wrongly accused of a traffic offense and that you believe the prosecution holds evidence that exonerates you. Keep it simple and formal, being careful not to admit to anything.
- 4). Compose the second paragraph listing what it is you want. Be clear and specific without being verbose or outlining intentions. For instance, if you are requesting the officer's notes from the incident, just say, "I request the following: Officer's notes." Explanations such as "I believe the officer misidentified the car," may give the prosecution clues and weaken your defense.
- 5). Sign and date the letter at the bottom. Be aware that when you sign, you are assuring that everything in the letter is true. This one reason is why it is important to be concise.
- 6). Mail or deliver the motion for discovery to the prosecution before the deadline. Usually, this means sending it to the police department that issued the ticket, which is information you can find on the citation. Tipmra.com, a legal advice website, says that you may want to send copies to the court and the issuing officer.
The court address will be listed both on the citation and on the notice scheduling the hearing. Send that letter to the attention of the clerk of court.
The letter you receive scheduling the hearing should also have a deadline for filing motions. This is usually at least two weeks before the trial date.
If you mail your letter, use certified mail. This will give you proof that the prosecution received the motion in time and will give you credence for dismissal of the case if they fail to comply.