I was recently pulled over for a “Disobeyed Stop Sign" the Cop wrote on my ticket that the "wheel continued turning on video #66". I was wondering if I would be able to request access to this video before I had to plead guilty or not guilty in court. The reason I am asking is because I truly believe that I fully stopped my vehicle but, would like to make sure before I plead not guilty. Also, if I am not allowed to see the vehicle by the police could I get the video thrown out as evidence?
Lawsuit / Dispute Attorney
You can do a discovery request but probably not before your plea. Hire a lawyer, say nothing further online (this is not a private secure website) and do nothing to waive your freedom from self-incrimination.
The videotape will have to be produced if your lawyer issues a valid discovery request for it. If it is not produced, and no valid reason is given, one possible sanction would be to dismiss the case against you, but that is certainly not the only possible sanction a judge may enter.
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The discovery phase of a criminal case comes after arraignment, so you would need to enter your plea before the state will provide discovery.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
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