Legal Question in Traffic Law in Maryland

What discovery options do I have specifically to obtain the officer's report and any audio/video recordings of the traffic stop the officer created? This is not for a "must appear" but for a payable ticket specifically speeding 72 in a 50 and failure to wear a seatbelt.

If I am allowed to request discovery, should the discovery request go to the police agency or district attorney or subpoena through District Court?

Since I plan to plead not guilty and call witnesses, etc. would it be in best form to send a line to the clerk to advise I anticipate needing extra time?


Asked on 1/03/11, 6:48 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It would be in best form to hire a criminal defense attorney who focuses their practice on traffic court for a couple hours of his/her time. They will be able to do all of this for you, quickly, easily, and CORRECTLY the first time.

If you are not an attorney, you cannot subpoena records or videos. You can request that the judge order the police agency/prosecutor to turn those items over to you.

It is POOR form for a pro-se defendant (you) to try and attempt to contact the clerk to inform about your intent to cross examine before the matter is called before the Court -- the only thing it would show is that you are grossly in over your head.

Again, hire a lawyer.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/08/11, 9:30 pm
William Welch William L. Welch, III Attorney

Prepare a written request according to the rules and serve the officer. You could also request the recording from the custodian of records. You should consider whether it is to your strategic advantage to give the officer advance notice of your intentions in order to pursue written reports that probably do not exist. However, the custodian of records might have the video, if the car was properly equipped and if the system were working.

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Answered on 1/09/11, 3:31 am


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