Legal Question in Traffic Law in New Jersey

How to file a Motion for Discovery

I need info on how to file a motion for discovery. I am trying to fight a ticket I received. I have a witness, who heard the Officer State that the only reason why I am getting this ticket is because I had an attitude. The officer also stated the method of clocking my speed was by pacing. So, other then my witness, I want to request copies of the officer�s pacing certificate calibration of the speed-odometer, and the officers� notes!

I need to know how do I go about getting all this information? Please help!


Asked on 1/31/02, 5:47 pm

3 Answers from Attorneys

Geoffrey G. Gussis, Esq. Riker, Danzig LLP

Re: How to file a Motion for Discovery

I believe that discovery is covered by Rule 7:7-7, which enumerates what discovery you are entitled to. You need to send a letter to the Municipal Prosecutor making a formal request under this rule and asking for any or all of the elements in that rule. You might want to send copies of the letter to the Municipal Court and to the Police Department (ATTN: Records) just to cover all bases.

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Answered on 1/31/02, 6:07 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: Preparing for a Municipal Court Trial

The previous answer to this question by my colleague is correct. However, I think you will find, once you get your discovery, that you will likely not be prepared to adequately defend yourself. Unless you understand what you are looking at, you will not know whether the discovery shows any problems with the equipment, operator, etc. Further, without going over the facts and circumstances in detail with a lawyer, you may not be aware of all of the legitimate defenses in your case or even the possibilites for a satisfactory plea bargain. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner

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Answered on 1/31/02, 6:14 pm
Savyon Grant Law Office of Savy Grant

Re: How to file a Motion for Discovery

I agree with both attorneys. If you are in bergen county I will be very happy to discuss this matter with you.

Savy Grant

Attorney at Law

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Answered on 1/31/02, 10:53 pm


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