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Discovery for motor vehicle violation

Montague, NJ |

Went to court for a traffic summons out of Sandyston, NJ 4 lst appearance. I had previously made a discovery request to the Prosecutor for the town in which the violation occurred. He sent the request to the State Police for everything I asked for but has not received anything, yet.

When I went to court, the Prosecutor I spoke with was from another town, not the one in which I received the summons. It's a joint municipal court. He claimed that the things I requested were not discoverable (video, audio, all written and electronic documents, etc). He was trying to tell me that the audio and video aren't relevant. But they are and I don't know how he can determine that if he wasn't there.

If I don't get what I requested and paid for, how do I compel them to give it to me?

Thanks

Attorney Answers 4

Posted

I agree with Counsel. R.7:7-7 Governs discovery in Muni Court. You will need to file a motion in order to enforce your request. Suggest you retain Counsel to help you.

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Asker

Posted

I think you're right. I'm going to call a lawyer. Thanks

Asker

Posted

BTW, thank you for your response.

Posted

You are entitled to discovery under the court rules but it often takes a while to get these documents from the State Police. If this goes 5-6 months then you certainly should ask the Judge to dismiss the case.

It would be helpful to know what are the specific charges you are facing.

Jim Schroeder is licensed to practice law in New Jersey and the District of Columbia. All information provided here is for educational purposes and does not create an attorney client relationship. Q&A on sites like Avvo are not designed to give specific legal advise but to educate legal consumers so they can be better prepared to work with any attorney they choose to retain. Information on this site by Mr. Schroeder is offered to that end.

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Asker

Posted

Thank you for your response, Mr. Schroeder. I was charged with improper passing. The Prosecutor that I sent the request to did forward it to the State Police. He sent me copies of the letters he sent, so I am assuming I will get it. I was just concerned because of the 2nd Prosecutor's comments. I've decided that I will hire a lawyer. I feel I have a strong case with or without the discovery. I'm just not confident in my ability to stand in front of a courtroom and cross examine a Trooper or to effectively argue my case. Plus, I don't know the rules of the court. I'm afraid I'll have great evidence but be allowed to present it, because I don't know the procedures.

Posted

The prosecutor does not control discovery or what is relevant, the Court does. File a motion for discovery. if the judge grants the motion and it is not porovided you can move to dismiss. If the court denies the motion you can appeal the denial. You do not mention the charge. i'm guessing it is a mnor moving violation. What you are doing is unusual so the system will balk at first. All State Police cars have video and it is discoverable.

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Asker

Posted

Thanks, for your response.

Posted

File a motion.

Law Offices of James A. Abate Jabatelaw.com (732) 412-2364

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