Discovery: State Police Have Ignored FOIA Requests Ahead of Trial

jeudi 4 septembre 2014

My question involves traffic court in the State of: Massachusetts



I was pulled over by a police officer who alleged that I was traveling 90mph in a 65 (90/17). He also appended to the ticket a citation for failing to travel in the right lane (ch89,s4B). I have a very strong defense for the 4B violation, and a somewhat OK defense for the speeding violation. For what its worth, I am certain that my own speed never exceeded 70mph. For what its worth, I have *never* received a traffic violation in 25 years of driving.



However, in the FOIA request, if they sent me what I was asking for, I believe I would have a much stronger defense.



They have completely ignored a request sent by certified mail on 8/5 and another sent by Fedex on 8/25.



Specifically, I wanted to learn ahead of time if the officer actually 'clocked' my speed or 'paced' my speed. He has nuggets of each on the note he wrote on the ticket making his argument on how he determined speed confusing. (He was in front of me the whole time).



I also requested the troopers dash cam footage, which I am certain will show that he was not traveling the speed he claims.

I also requested the standard stuff - calibration records, etc.



What is my best option to deal with their lack of response? Just deal with it? Motion for a postponement?

If my trial proceeds, and the officer attempts to produce any of that information in trial as evidence, can I motion for it to not be considered, since my request wasn't fulfilled?



Thanks for any suggestions!





Discovery: State Police Have Ignored FOIA Requests Ahead of Trial

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