1.) can you get discovery for a speeding ticket?

Asked almost 2 years ago - Orlando, FL

if a laser was used then shouldn't you be able to find out what device they will be claiming they used to calculate the speed? I want to know about this device if its what the cop is using to justify his actions. I doubt he will admit it was about his quota 2.) I noticed the clerks website shows hearing officer 98 or whatever. Is that not a judge? Can you demand a proper trial with a judge? If so what do you say to get the the case transfered. Thanks

Attorney answers (3)

  1. Eric J Trabin

    Contributor Level 19

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    Lawyer agrees

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    Answered . No, discovery is not required for a non-criminal civil traffic infraction. You should hire a lawyer. The lawyer will request a hearing before a county court judge (not just a hearing officer) and if the officer shows up then the lawyer will speak to the officer before the hearing. The lawyer will likely ask the officer all of the questions about the laser, when it was last calibrated, and such. You are correct the hearing officer is not a judge and a pleading can be filed to request a hearing in front of a county court judge. Please feel free to contact me for a free consultation.

    This is not to be considered legal advice nor does an attorney-client relationship exist.
  2. David P. Gilbert

    Pro

    Contributor Level 13

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    Answered . There is limited discovery, Fla. R. Traf. Ct. 6.445 requires the officer to put the "type" of device on the body of the citation, but this does not necessarily require the officer to put make and model of the device. The decision on whether to be heard by a hearing officer or Judge should be based on the demeanor of the official that would be hearing your case - an Orlando traffic lawyer would have the knowledge and experience required to determine whether to set your case with a Judge or hearing officer.

    Avvo.com answers provided solely for informational purposes. Answers are not legal advice and should not be relied... more
  3. Majid Vasigh

    Pro

    Contributor Level 17

    Answered . I'd hire an attorney to represent you. However, if you insist on going it alone, I repeat, do not argue the quota angle. There are defenses to traffic citations, some of which have been correctly pointed out by my colleagues here. The quota angle, from a strategic standpoint, will undermine your credibility in front of the judge. Good luck.

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