I got a ticket for "Improper passing of a school bus". I strongly believe that I did not pass a school bus. I will go to a trial and represent myself. I wanted to know if I have rights to subpoena school bus records. If not, can I ask judge to demand records from school bus driver?
Criminal Defense Attorney
You have the right under the discovery rules, New Jersey Court Rules 7:7-7, to such relevant records in all cases involving a consequence of magnitude pro se or not. The court could find this case not to involve a consequence or magnitude, or the court could find the records not relevant. On the information posted it is hard to understand the relevance of such records. If for instance the records would show no bus in the area that day, that would be relevant. I suggest strongly that you at least try to negotiate the case to lower points with the prosecutor.
1 found this helpful
7 lawyers agree
Personal Injury Lawyer
You have the right to subpoena. They have the right to oppose. Be ready to convince the judge the reason the records are relevant.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
6 lawyers agree
What records were you looking to review? If you honestly believe you didn't pass a schoolbus, then I have to assume you passed a vehicle that is utilized as a school bus but isn't a large yellow vehicle...probably a minivan or something with a school plate and signage on the side indicating it's a school bus.
Either way, unless the records of the school bus would tend to show you didn't pass it illegally, I'm not certain how they're relevant.
The foregoing is not legal advice, and nothing in the foregoing shall be deemed to create an attorney client relationship. If you feel you need to speak with an attorney regarding your issue, it is recommended that you contact an attorney with expertise in your area of inquiry. The information related above is purely for informational purposes, and should not be acted upon without speaking with qualified counsel familiar with you specific situation and the laws related thereto.
3 lawyers agree