After you’ve been snagged by LEO on a speeding ticket charge, you should be aware of the process leading up to your trial, if you plan to defend yourself. I will give you some suggestions that work for me when I go into court to defend myself against speeding tickets and law enforcement.
CREATING THE CASE FILE
FIRST – Create a file at your house for the case. Label it as the case no. located at the top of the uniform summons. On the face of your folder, you will write all important info. (1) Cops name (2) date of incident (3) statute being charged with (4) case no.
SECOND – Look up the Virginia or Municipal statute you are being charged with violating. https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC. Normally, in Virginia, You will be charged with Va Code 46.2-882. Print a copy of this statute off and put it in your file because you will need it when you analyze your specific case and situation.
THIRD – Call your arresting officer or the Commonwealth Attorney prior to the arraignment(which is only to set a date for trial (if) you are not ready to proceed on the initial court date. Ask them, politely, if they would not mind releasing their “file” to you for the purpose of copies. Normally, they will grant your request under rules of discovery and you both can work out a time to retrieve the file from them. If they refuse…
FOURTH- I usually, immediately file a Subpoena Duces Tecum(General District Court) with the General District Court Clerk as soon as possible. At that point, they should remit the documents: I ask for: (1) whole case file (2) officer notes (3) dispatch log (4) video (5) Car checkout form (6) Car checkin form (7) All receipts from the equipment installed in the cruiser.(specifically – the radar devise) (8) All calibration reports, certificates and work product for the vehicle and the radar devise.
FIFTH – Unless there are witnesses(which must be added), you have basically compiled your file for analysis at this point. I split the file up into several folders: (a) Court Filings (b)Evidence and (c) the Law.
At this point – I’m ready to start building my “arguments” in court. Stay tuned for building the case and arguments.
