Subpoena Police Video

[GIDIEUP]

I was wondering if someone knew the best way to suppoena a police video tape? I am the person who was pulled over for the 3 tickets. I will be representing myself at court in about 60 days. I would like to get a hole of the police tape to use in my defense. Does anyone know the correct way of obtaining the tape other than getting a lawyer? I believe the taping of a police stop is public record.

I plan to google for it to see what I can find. Any help would be appreciated.

Thanks,
Ryan

 

[gmynko]

You have a right to examine all evidence that will be used by the prosecution in a criminal case against you. While I don't do criminal law, you merely need to request a copy of all documents, videos, photographs, etc. that they will use against you. You have a right to inspect all of that stuff. I'm not exactly sure what they refer to it as, but you may need to file a "Request (or Demand) for Production of Documents" with the court and serve the DA's office with a summons for those documents. Good luck.

 

[GIDIEUP]

Originally posted by gmynko
You have a right to examine all evidence that will be used by the prosecution in a criminal case against you. While I don't do criminal law, you merely need to request a copy of all documents, videos, photographs, etc. that they will use against you. You have a right to inspect all of that stuff. I'm not exactly sure what they refer to it as, but you may need to file a "Request (or Demand) for Production of Documents" with the court and serve the DA's office with a summons for those documents. Good luck.

Thanks for the reply. When would be an appropriate time to do all of this? My arraignment was today and my court date will be at least 30 days from now. I'm new to all of this. Never been to court and haven't had a ticket for 5 years that was worth going to court.

 

[gmynko]

I would do this NOW. And then you need to ask for continuance to put off your trial and so you have time to review everything. I would seriously considering getting a lawyer to help you. If its serious and you could end up in alot of trouble, its money well spent.

I was arrested for DUI many years ago and I was guilty as hell. I hired an attorney for $1500.00 and he kept going back to court for continuances. Ultimately, the case was dismissed. Why, I don't know - maybe the arresting officer left his job and wasn't available to testify. I'd at least call some attorneys to get a feel for what they'll charge and some actually specialize in tickets.

 

[GIDIEUP]

Originally posted by gmynko
I would do this NOW. And then you need to ask for continuance to put off your trial and so you have time to review everything. I would seriously considering getting a lawyer to help you. If its serious and you could end up in alot of trouble, its money well spent.

I was arrested for DUI many years ago and I was guilty as hell. I hired an attorney for $1500.00 and he kept going back to court for continuances. Ultimately, the case was dismissed. Why, I don't know - maybe the arresting officer left his job and wasn't available to testify. I'd at least call some attorneys to get a feel for what they'll charge and some actually specialize in tickets.

I written three citations. They were....
1) Obscurred plates
2) LOUD exhaust
3) Tailgating

I should be able to get out of 1 and 2 after reading the Ohio revised codes it is three that I want to fight with the video. Also wanted to show the judge how the cop reached thru my passenger side window to forcefully remove the ticket from my possesion. I did not hand him the ticket, he removed it for me. I'm looking at a $300 dollar fine. The ORC says nothing about LOUD exhaust, it only notes that a motor vehicle must have mufflers and can not smoke profusely. My plates where hardly obscurred, I plan to show the judge that.

If you wanna see a picture of my ticket (freakin hilarious) here it is

Note the LOUD Exhaust :bash:

 

[gmynko]

I suppose it doesn't make much sense getting a lawyer if the worst that can happen to you is a $300.00 fine. But I would definitely demand a copy of the video. If the cops don't want to cooperate, at your next court appearance tell the judge that you deny this charge (i.e. plead not guilty if you haven't already) and that you believe the police have evidence which will exonerate you (namely a police video). I would also request a continuance at your next court appearance so you can drag this out. If they allow you to have a jury trial (doubtful), I'd also ask for that. You obviously want to read the Vehicle codes you are accused of being in violation of and formulate arguments as to why you were not in violation of these codes. This will give you an opportunity to play lawyer.

I notice you live in Columbus - I'd call the law school at OSU and ask for the numbers of organizations that provide free legal assistance. You may also see if you can collar a law student and get some more suggestions

I'm a former Buckeye myself - I grewup in that craphole called Youngstown. I know the cops in Ohio will f*** with you for Chickenshit stuff. Tell the judge you deny each charge and that you will defend yourself against each charge.

Good luck and keep me posted.

 

[gmynko]

Also, I see the codes you are accused of being in violation are written on your ticket - go read those codes and find out exactly what they say.

 

[Sinister Angel]

You mentioned the ORC, but it looks like he isn't citing you under the Ohio Revised Code. You have a law library there?

 

[GIDIEUP]

Originally posted by Sinister Angel
You mentioned the ORC, but it looks like he isn't citing you under the Ohio Revised Code. You have a law library there?

I'm going to call the court house and tell them I want a court appointed lawyer . supposively those are free. The person I talk to may verbally assault me but it is my right to get a court appointed lawyer .

You are right, it IS not the ORC. Now I need to find out what CTC stands for.

 

[Sinister Angel]

Columbus Traffic Code?

And yup, it is indeed your right to get a court appointed lawyer. If you do have a law library though, I'd find out where it is and use it. I've used the one here and it's made representing the one case that I went against the cop easier to handle. Didn't win, but got fines dropped. Anyway, the more you know, the better off you are.

 

[gmynko]

I think its OK to ask for a court appointed lawyer, but I'm not sure you have a right to one in this case. If there is no risk of imprisonment/jail, I think you do not have a right to a public defender. Here, I think you have been charged with an infraction - which is less than a misdemeanor - and carries no risk of jail time. Go ahead and ask, but I'd plan on doing the work yourself.

You weren't arrested, were you?

 

[GIDIEUP]

Originally posted by gmynko
I think its OK to ask for a court appointed lawyer, but I'm not sure you have a right to one in this case. If there is no risk of imprisonment/jail, I think you do not have a right to a public defender. Here, I think you have been charged with an infraction - which is less than a misdemeanor - and carries no risk of jail time. Go ahead and ask, but I'd plan on doing the work yourself.

You weren't arrested, were you?

No, I was not arrested. All three counts are minor misdemeanors. I spoke with a Sgt. from the Columbus Police Department. He was extremely helpful in answering my quesitons. He knew the guy personally and even said that he had a history have writting a lot of tickets. He also pointed me in the right direction for obtaining the police cruiser tape. He even make a phone call for me and got back with me. Swell guy.....
ANYWHO.....
I'm off to the court house to get a Subpoena so I can get access to the public tape. I called the 'Public' records unit and they said in order for me to obtain the tape, I needed to be either guilty, or AFTER the court hearing was over,but it's perfectly fine for someone else, not involved in the case, to gain access to the 'public' tape without a subpoena. What the hell is up with that???!!! I'm allowed public information that could be used against me in court. I told the person I would be having someone serve them a Subpoena to get the 'Public' tape. They told me that was fine. That's messed up. It's freakin public information, I have every right to gain access to it. Am I missing something here fellas? Also, I check out some public information online and it looks like they have dropped some of the fees. Instead of looking at a $300 fine, I'm looking at $150. Most people down realize that when a ticket is issued, it includes not only the ticket, but court costs. I have a feeling they will plea bargin with me - get me to just pay the ticket, hoping I won't show up for court. I going to go anyway.
Regards,
Ryan

 

[Sinister Angel]

That's BS dude. Good luck with your case!

 

[FordSVTFan]

Let me help you out here, all three offenses are "traffic code violations" and are NOT criminal charges and therefore you are not entitled to a public defender or any other type of "free" representation. You can go "pro se" and simply represent yourself.

What you need to do is to go to court on the prescribed date and plead not guilty and tell the judge you will need time for "Discovery." Additionally you would like the judge to order the prosecution to turn over the tape from the cruiser camera immediately along with any "Giglio" material on the officer.

The giglio material if available in your state for traffic offenses will yield any negative/biased attitudes of the officer that can be used to impeach his testimony.

Good luck, you best bet is to hire a local attorney that is in the particular court often.

 

[GIDIEUP]

Originally posted by FordSVTFan
Let me help you out here, all three offenses are "traffic code violations" and are NOT criminal charges and therefore you are not entitled to a public defender or any other type of "free" representation. You can go "pro se" and simply represent yourself.

What you need to do is to go to court on the prescribed date and plead not guilty and tell the judge you will need time for "Discovery." Additionally you would like the judge to order the prosecution to turn over the tape from the cruiser camera immediately along with any "Giglio" material on the officer.

The giglio material if available in your state for traffic offenses will yield any negative/biased attitudes of the officer that can be used to impeach his testimony.

Good luck, you best bet is to hire a local attorney that is in the particular court often.

Hi Adam,

It's been a while since I last spoke with you. Thanks for the tips. I figured you would have good advice;-)
I plan on having my brother-in-law (who is an attorney) help me with filling out the subpoena so it can be served. I plan to get other information about the officer - who else was pulled over that day, how many tickets are written on average for that officer, and if there are any othe public complaints, other than the one I submitted. My question to you is....when should I try to gather all this material? I was told by the Sgt at CPD that I have a limited time in obtaining the police cruiser video. I should of had him define 'limited time' though. If I can drag this out as long as I can with continuances I will. I plan on talking with another friend who is an attorney so I can ask the officer the 'right' questions. I still probably have 60 days or so before court.
I can't believe I'm saying this, but I'm actually having fun with this. It's not like I'm going to court against my will. Learning a lot in the process too. Are there any drawbacks from fighting this in court? I was told that the court costs are actually rolled into the ticket so it's not like they can charge me for other offenses or charge me more money for wanting to fight this to the end right?
Thanks for your help,
Ryan

 

[Sinister Angel]

In Michigan, if you see the magistrate initially, there is no fee with that, however, you have to represent yourself. If you bring it higher, you might have to pay court costs. Like I said though, that's for Michigan, dunno how Ohio does it.

Adam: What exactly is Giglio material?

 

[niterider4581]

thats sucks do all that crap for some b.s stuff i was up there around henderson one day last summer and got followed for about 5 mins i didnt even do anything

 

[FordSVTFan]

Giglio was a defendent in a suit against the United States that set forth the precedent where any material that is related to a governments witness is given to the defense in regards to that witnesses prior bad acts or biasness.

 

[GIDIEUP]

Close encounter

edited.