You have the right to a trial and at that trial you get to see your video. All you have to do is ASk for a TRIAL. He didn't say you can come down to the station and review you tape.

Actually, Matt, you’re expected to spend at least $1000 to hire an attorney who will file a motion before the judge which will read about as follows:

COMES NOW the defendant, John Doe, by and through the undersigned counsel, and respectfully moves the Court to require the City to produce and make available to Defendant all exculpatory, impeaching and mitigating evidence within the possession, custody or control of the City, pursuant to the provisions of the Fourth, Fifth, Sixth and Fourteenth Amendments of the Constitution of the United States, and in accordance with the principles of United States v. Agurs, 427 U.S. 97 (1976); Giles v. Maryland, 386 U.S. 66 (1967); Brady v. Maryland, 373 U.S. 83 (1963); Radford v. State, 251 Ga. 50, 302 S.E.2d 555 (1983); and Williams v. State, 250 Ga. 463, 298 S.E.2d 492 (1983).

Defendant specifically requests that the City be ordered to furnish and make available for inspection and photocopying, as soon as possible, any and all evidence, material or information, whether recorded, written or otherwise documented, that is within the possession, custody or control of the City, or which by the exercise of reasonable due diligence may be obtained by the City, and which evidence is favorable to or which in any manner exculpates Defendant or tends to establish a defense, or which may help Defendant impeach City witnesses, or which may help Defendant avoid conviction or mitigate the punishment.

Defendant would show further that disclosure of the evidence requested herein will pose no burden on the City of its agents in the investigation and prosecution of this case, and that disclosure of said evidence is necessary for Defendant to prepare an adequate defense, and that said evidence cannot reasonably be obtained other than through discovery requested herein.

Defendant, therefore, respectfully moves this Court to order the City and its agents to advise Defendant of the existence of the following evidence, and to permit Defendant or his attorney to inspect, review, analyze, copy or photograph and, as appropriate, to test, the following enumerated records, papers, documents, books, physical and tangible property, tapes, photographs, video recordings and any other property of whatever nature.

1- Statements of Defendant, whether reduced to writing or not
2- Names of persons with knowledge of facts
3- List of witnesses
4- Criminal and juvenile records of witnesses
5- Defendant’s criminal record
6- Consideration or promises of consideration to witnesses
7- Threats against witnesses
8- Impeaching materials
9- Non-witness declarant statements
10- Witnesses’ prior testimony
11- Tangible objects (including all books, papers, writings, documents or other tangible objects the City plans to offer into evidence in this case, photographs or moving pictures taken at any time during the investigation or prosecution of the case)
12- Scientific tests and results
13- Searches and arrests
14- Medical, psychological, psychiatric and institution records (of all persons the City may call as witnesses, including any police officer witness)
15- Exculpatory information known to or in the possession of the City
16- Communications with Defendant
17- Extrinsic offense and conduct evidence
18- Original notes, memoranda and tape recordings

Wherefore, Defendant respectfully prays as follows:
1- That the court enter an order granting the discovery requested in this Motion, and directing the City to immediately make such disclosure
2- That Defendant be allowed to amend and supplement this discovery request as the disclosure of information provides further basis for relief
3- That Defendant be permitted to file such other motions not filed concurrently herewith based on further disclosure of information not now available to Defendant; and
4- For such other and further relief as the Court deems just and proper.

Date and signature

The above Motion skips a lot of material that was in the model. This is like shooting a cannon to hit a fly. But clearly the defendant has the right to look at some things well before the trial.

and what actually happens of course is that in a small community citizens of means are recognized and often let off the hook rather than duke it out in court

I've been through the process before and no lawyer is helpful.

The whole system is FUBAR'ed.

I find that I must agree. What Chief Heaton cites is the likely fact that everyone is "innocent." That is, a typical day in court is a parade of people with every overused and lame excuse in the book. And so judges and others involved in upholding and enforcing the law tend to become numb to those excuses.

But it is not only possible but probable that the parade includes a few who really are innocent, though, given the realities of life, have no way of proving it. What resources, after all, does one typically have for later proof in a typical traffic stop? In the event that the infraction or non-infraction is not caught on the cruiser's cameras, where else would one turn?

And, years ago, my two sons were stopped and subsequently arrested by a Fairburn cop and, when we challenged every feature of the arrest, the video mysteriously disappeared! As it turned out, the charges were dropped and the cop was fired (for falsifying his report, using unnecessary force, etc.). But this result was due only to a good lawyer who pressed the issue that the onus is upon the state to prove guilt.

I suspect that most people will simply take the hit and pay the ticket and suffer whatever other consequences because they do not believe the system to be fair. Their disbelief may well be warranted. But that is a sad commentary on the current state of things.

____________________

"Puddleglum" by Weatherwax (one of the Muddlings).

Jeeves to the Rescue

and he hit the nail on the head with "Innocent until proven guilty". and It's up to law enforcement to prove that we citizens are guilty.

I can answer the "why should a police officer's sworn testimony have any greater importance than that of a citizen?" question. Its simple, they always tell the truth...duh! Like those police in ATL that busted in and Shot the elderly lady or the policeman at the ATL airport that slammed the lady to the ground.

Forgive me Chief, if I just don't quite have the faith I used to in Officers.

to forgo the traffic court and go before a trial. I believe that the rules of evidence that you are stating would require a trial. Since that costs much more than most a willing to bear, we have this truncated system for traffic court. Be careful how we craft what we want. What you seem to want is a trial for each ran stop sign. I would just rather pay the ticket, than the court costs too if I am guilty. Of course if I am innocent, I will most likely pay the fine anyway to avoid the trial. Don't think that is unusual, companies have to make that choice everyday in this country due to our litigious nature and tort laws.

Them sounds like fightin' words!!! You might get labeled as an extremist/terrorist!!!

In Liberty,

DarthDubious

Did you win the appeal or what? Curiousity compels me