your trial! If the first phone call doesn’t work, try again
and again. You can even try by calling the officer directly yourself, just
don’t reveal what your true motives are to him.
Step V – Preparing for
Court
This is a gather the evidence step. Remember when I said:
Do you know what the officer does in his car, after writing
up your ticket? He’s writing up notes with details of what happened, why he is
ticketing you, and your reactions to him.
Here are some good news for you. It is your right to request
to see what the officer had written down on his notes. However, these notes
will not be available to you unless you specifically request them. That’s why
it is very important for you to request this because it will greatly help you to
fight your case by knowing where the weakness of your officer’s arguments will
lie in, and where he will be strong at. Remember, after a long period of time,
the officer will not going to recollect good details about what happened after
he had ticketed you months ago. He will most likely remember as much as what he
had written down on his notes. By obtaining the officer’s notes, you will
pretty much know exactly what the officer will be testifying in court. How to
request a copy of the officer’s notes:
- Send a printed (NOT handwritten) letter to the police
department saying that you request all copies of any applicable recorded
statements and illustrations or any other form of information made regarding
your incident by the ticketing officer. Be sure to include the name of the
officer who ticketed you, the date when it was issued, your ticket citation #,
and your return address. Make a copy of this letter. If within 21 days and you still have not
received any copies of the officer’s notes, then take the copy and bring it to
court, and ask the judge if he can dismiss the case due to the prosecutor’s
failure to supply discovery even upon your written request (show the copy of
the letter to the judge). Say that even if you are given the copy of the
officer’s notes now, you still would not have the time to suitably prepare for
the trial. Many times, the judge will dismiss the case at this time. If not, he
will make the officer give you the copies of his notes right at that time and
let you have a bit of time to look it over.
If you were able to obtain the notes from the officer, take
a close look and see if he had drawn out any diagrams. If he doesn’t, then it
is likely that he will not remember much about the incident. Take a look to see
if the officer’s notes contain any calculations or numbers. If there are no
numbers to back up the officer’s claim, then again, the officer will not
remember much about the incident and that should be your plan of attack.