My question involves a traffic ticket from the state of: Texas
My question involves a traffic ticket from the state of: Texas
I was pulled over and cited for traveling 55 in a 40 mph zone at approx. 11:30pm. The officer indicated that he utilized visual estimation (PACE) as the method in which he determined the excessive speed of my vehicle.
I plan to challenge the accuracy of the speedo, tire conditions affecting speedo accuracy, and the officer's vision.
Through discovery I requested the following items:
1. video and/or audio of on board camera of the patrol vehicle.
2. officer sworn statement/complaint
3. officer copy of citation including but not limited to notes, drawings, diagrams, etc.
4. list of witnesses state intends to call
5. vehicle and tire inspection and maintenance records for the 90 days covering the date of citation.
6. copies of calibration and cert logs for the SMD used
7. copies of PO's personnel file to include any PACE method training certs, re-certs, tests, tests results, and filed observation reports.
8. manufature's operations manual for the smd
9. copies of police dept regulations and guidelines for use, operation, and policies for the use of smd and speed measuring methods.
The state responded to requests # 1 & 9 via monitored examination set by appointment only. #'s 2,3,4,5 were copied and sent to me by mail. There was no response to #6 or 8. Item line #7 was only responded to by copies of the Individual School Report outlining courses completed by the PO, and no response to requests for Pace method training. Additionally, I filed an FOIA to get the state to respond to my requests for PACE methods certifications and training records only but still no response.
My question involves a traffic ticket from the state of: Texas
I was pulled over and cited for traveling 55 in a 40 mph zone at approx. 11:30pm. The officer indicated that he utilized visual estimation (PACE) as the method in which he determined the excessive speed of my vehicle.
I plan to challenge the accuracy of the speedo, tire conditions affecting speedo accuracy, and the officer's vision.
Through discovery I requested the following items:
1. video and/or audio of on board camera of the patrol vehicle.
2. officer sworn statement/complaint
3. officer copy of citation including but not limited to notes, drawings, diagrams, etc.
4. list of witnesses state intends to call
5. vehicle and tire inspection and maintenance records for the 90 days covering the date of citation.
6. copies of calibration and cert logs for the SMD used
7. copies of PO's personnel file to include any PACE method training certs, re-certs, tests, tests results, and filed observation reports.
8. manufature's operations manual for the smd
9. copies of police dept regulations and guidelines for use, operation, and policies for the use of smd and speed measuring methods.
The state responded to requests # 1 & 9 via monitored examination set by appointment only. #'s 2,3,4,5 were copied and sent to me by mail. There was no response to #6 or 8. Item line #7 was only responded to by copies of the Individual School Report outlining courses completed by the PO, and no response to requests for Pace method training. Additionally, I filed an FOIA to get the state to respond to my requests for PACE methods certifications and training records only but still no response.
Discovery: Defense(S) for Pace Ticket
Aucun commentaire:
Enregistrer un commentaire