christopha
New Member
Here are the facts, followed by the questions:
1.) Speeding ticket issued 1/12/08 Austin, Texas, Travis County for 81pmh in 65 zone.
2.) Officer Trainee measured speed via "pacing".
3.) I plead not guilty, filed motion for continuance and discovery.
4.) Discovery: A: Video Footage of officers in car camera and all related audio and video for several minutes prior to and for the entire duration of the citation process. B: Telemetry from the police vehicle used by the citing and supervising officers , including date, time and vehicle speed, ideally displayed on officer's in-car camera. C: All records pertaining to the calibration and maintenance for the police vehicle in question. D; Statement of police procedure for recording speed data via "pacing".
5.) Judges ruling on Discovery: A, GRANTED, VIDEO FOOTAGE. STATE WILL CONTACT DEFENDANT ABOUT VIEWING FOOTAGE BY JUNE 06. B, DENIED- NO RECORDS EXIST. C, GRANTED, STATE WILL PROVIDE DEFENDANT WITH INFO NEEDED TO OBTAIN RECORDS BY MAY 23, 2008. D, DENIED- INFORMATION EQUALLY AVAILABLE AT APD HEADQUARTERS.
6.) Current status, A, City Attny contacted me via email on 6/6/08 to say that evidence dept is slow, tape not available. Said he would file motion for continuance on my behalf, but no notice has been sent to me, trial date set for THURSDAY, 6/26. C, City Attny provided phone number for maintenance division, but phone calls have not been returned.
7.) At Discovery hearing, a private attorney advised me to get a copy of the complaint, hinting that I could use it after pressing for verification of "pacing" technique.
QUESTIONS:
1. Do I have any cause for dismissal as the result of the city attorney's handling of the Judge's discovery orders?
2. There is no telemetry showing vehicle speed, and apparently, no written procedures for measuring speed by the pacing method. Supposedly, APD does not calibrate vehicle speedos, either. What is the best approach to exploiting these facts in terms of procedure, questioning, etc.
3. Regarding item 7. above, what should I do with the complaint?
4. I will file for a continuance tomorrow unless someone has a good idea for a motion for dismissal. I appreciate your input, including knowledge of Texas law, courtroom procedure and any tips or tricks that might give me an advantage. (if I haven't already ruined my chances!)
THANKS!!!
Chris
1.) Speeding ticket issued 1/12/08 Austin, Texas, Travis County for 81pmh in 65 zone.
2.) Officer Trainee measured speed via "pacing".
3.) I plead not guilty, filed motion for continuance and discovery.
4.) Discovery: A: Video Footage of officers in car camera and all related audio and video for several minutes prior to and for the entire duration of the citation process. B: Telemetry from the police vehicle used by the citing and supervising officers , including date, time and vehicle speed, ideally displayed on officer's in-car camera. C: All records pertaining to the calibration and maintenance for the police vehicle in question. D; Statement of police procedure for recording speed data via "pacing".
5.) Judges ruling on Discovery: A, GRANTED, VIDEO FOOTAGE. STATE WILL CONTACT DEFENDANT ABOUT VIEWING FOOTAGE BY JUNE 06. B, DENIED- NO RECORDS EXIST. C, GRANTED, STATE WILL PROVIDE DEFENDANT WITH INFO NEEDED TO OBTAIN RECORDS BY MAY 23, 2008. D, DENIED- INFORMATION EQUALLY AVAILABLE AT APD HEADQUARTERS.
6.) Current status, A, City Attny contacted me via email on 6/6/08 to say that evidence dept is slow, tape not available. Said he would file motion for continuance on my behalf, but no notice has been sent to me, trial date set for THURSDAY, 6/26. C, City Attny provided phone number for maintenance division, but phone calls have not been returned.
7.) At Discovery hearing, a private attorney advised me to get a copy of the complaint, hinting that I could use it after pressing for verification of "pacing" technique.
QUESTIONS:
1. Do I have any cause for dismissal as the result of the city attorney's handling of the Judge's discovery orders?
2. There is no telemetry showing vehicle speed, and apparently, no written procedures for measuring speed by the pacing method. Supposedly, APD does not calibrate vehicle speedos, either. What is the best approach to exploiting these facts in terms of procedure, questioning, etc.
3. Regarding item 7. above, what should I do with the complaint?
4. I will file for a continuance tomorrow unless someone has a good idea for a motion for dismissal. I appreciate your input, including knowledge of Texas law, courtroom procedure and any tips or tricks that might give me an advantage. (if I haven't already ruined my chances!)
THANKS!!!
Chris
