Legal Question in Traffic Law in Georgia

I'm fighting a seatbelt ticket. 19JUL2011 I was charged with not wearing a seatbelt when I actually was wearing one. A case of my word against the State Patrolman's. I went to court 23SEP2011 and pleaded not guilty. The judge just set my court date for 19DEC2011. I want to file a subpoena duces tecum to find out whether there are any video/audio/written records (evidence) from the patrolman or his vehicle that could corroborate my story. Can this be done? What form(s) should I use? How and where do I file or present the form(s)? Who exactly would I be subpoenaing? The patrolman? The prosecuting attorney? I respectfully request and appreciate any help or info you could provide.

Sincerely,

Ron Delaney


Asked on 11/20/11, 8:03 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, you apparently did not read the Law Guru terms and conditions that you stated by posting you read. The site rules state "In connection with the submission of Free Questions and Paid Questions, we only require, and we encourage you to only provide, the minimum amount of personal identifying information necessary to process a question... After a Free Question is answered, the Free Question and its answer are automatically posted to the LawGuru.com Answers public database. The contents of these Free Questions and their answers are visible to all Users of LawGuru.com and to Attorney Members. Thus, Free Questions and answers to them are neither confidential nor privileged in any way. Although the contents of the Free Questions and their Answers are visible, the names and identifying information of the User who submitted the Free Question will not be visible to all Users of LawGuru.com and Attorney Members. Of course, you must understand that, because the LawGuru.com Answers public database is public, you may lose some privacy by posting Free Questions and their corresponding answers. Your view of the facts, or the way you frame a question, may well reveal something about your thinking about a problem that you may not want others to know."

Second, remember that you are about to do a great deal of work over a case with a maximum fine of $15 and no points on your record. Having said that, you have a right to a trial. Since you seem unfamiliar with the criminal process, and all tickets are criminal proceedings. you may need legal help. A lawyer will want far more than the cost of a ticket to represent you. You CANNOT subpoena prosecutors.

If you want information about the case against you, you must file what is known as criminal discovery. Typically, this will be what is known in part as a Brady motion as it made pursuant to Brady v. Maryland, 373 U. S. 83. That motion can identify specific things as well as seek exculpatory evidence in general. There are strict time periods in Georgia to file pretrial motions. If you miss the time periods you don't get to file them. Since you were arraigned in September and are only asking now, you screwed up and lost your right to file motions for discovery. Why did you wait until now? All pretrial motions, including demurrers (challenges to the form or substance of the indictment) and special pleas, shall be filed within ten days after the date of arraignment, unless the time for filing is extended by the judge. O.C.G.A. � 17-7-110.

You can take your chances and file your motion for discovery late. However you will likely anger the judge and get your discovery motion denied. However, if you are determined to do that, try filing a motion to extend discovery, explaining that you were ignorant of the law and that's why you're late, and if the judge feels sorry for you, maybe you get lucky (although you are more likely to get a lecture on the folly of being your own lawyer). You must be sure to appropriately file with the court and serve the prosecutor, and show proof of service.

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Answered on 11/20/11, 8:43 pm


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