Local cops pulled me up and cited me, but I wasn't allowed to see the dashcam tape.

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sanji_22

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While working as a delivery driver in central Pennsylvania, I was issued a failure to stop citation by a member of the nearby township's police department, and when I asked to examine the dashcam tape, I was told that I couldn't study it outside of court. This would need the payment of high court fees as well as attendance at a trial. I called the number on the citation to contact my county's court, and they told me to contact the officer. The individual I dealt with indicated they couldn't answer my query since they didn't have one.

I'm afraid to meet with the officer directly after speaking with several of my coworkers because he has a reputation for being a jerk, and my personal beliefs and past experiences with cops give me reason to doubt him. I'm also not sure if I actually ran the stop sign in the first place. Is there any possibility for me to see the tape before I file a plea within the next eight days?

I have the officer's name, badge number, phone number, and the police department for which he works.

router address
 
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Welcome to the forum Sanji.

Cops driving unmarked cars here in Denmark, at least for speeding and traffic violations will insist you come to their car to see their recording of you performing, and while they accept if you dont want to do that, they are not happy about it.
The same go if they have measured you with a laser gun, they will prefer if you follow them back to the laser to see for yourself.
 
Interesting laws you have there. In the US, the prosecution is required to give the defense all the evidence it has against you, and in your favor before the trial can even start. They often lose the case when it is found out later that they withheld any evidence.
 
As your job can be affected the smart thing to do is see a lawyer. And get a dashcam so you can prove your own driving as well as that of those around you ;)

Phil
 
It would probably be best to consult with a traffic lawyer like @SawMaster suggests. If you take it to court, then you would need to subpoena the dashcam video. Oftentimes lawyers can get the charges/fines dismissed or reduced.
 
US case law requires that any evidence that either side plans to introduce in court must be shared on request with the opposition a set time before the case is to be heard ("discovery"). But you must go through the process of informing the Court that you're going to fight the case ("responding") and who is going to legally represent you before discovery happens and that process varies locally.

A Lawyer will know the steps needed and on receiving and reviewing the evidence will advise you of what they feel your chances are of success. Oftentimes even with solid evidence against you, the Prosecutor will accept an offer from a Lawyer to plead to lesser charges rather than tying up their office and staff on an unimportant case. How well that offer goes usually depends on who your Lawyer is; a really good Lawyer can get you better deals but any Lawyer can usually work something out for you. You'll get nowhere on your own at this point. If getting a conviction matters to you then you need a Lawyer and you can't afford to not have one. As my now-long-deceased friend and Lawyer once told me "Phil, the jails are full of people whose main mistake was not having a good Lawyer." He was right.

Phil
 
I agree get representation. I’ve had great luck with the Ticket Clinic FWIW.
 
sanji_22 said:
While working as a delivery driver in central Pennsylvania, I was issued a failure to stop citation by a member of the nearby township's police department, and when I asked to examine the dashcam tape, I was told that I couldn't study it outside of court. This would need the payment of high court fees as well as attendance at a trial. I called the number on the citation to contact my county's court, and they told me to contact the officer. The individual I dealt with indicated they couldn't answer my query since they didn't have one.

I'm afraid to meet with the officer directly after speaking with several of my coworkers because he has a reputation for being a jerk, and my personal beliefs and past experiences with cops give me reason to doubt him. I'm also not sure if I actually ran the stop sign in the first place. Is there any possibility for me to see the tape before I file a plea within the next eight days?

I have the officer's name, badge number, phone number, and the police department for which he works.
Click to expand...

The problem with getting legal representation is that its cost is sometimes the same as simply paying the ticket. However, you can call a few of them to ask them any questions. You usually learn a few things just by talking to them during the initial phone call.

By the way, whoever told you that you couldn’t study the tape outside of court was probably wrong or was lying to you. You can email (document everything) the prosecutor and request that they send it to you (aka discovery request). Depending upon your municipal laws, the prosecutor must provide it within a certain amount of time after your request.

Just to let you know, many people in town departments (actually everywhere) don't know what they are talking about. So, you shouldn't necessarily trust their advice or recommendation. For example, I wouldn't contact the police officer. Not only are they usually clueless, but he isn't motivated to help you. The prosecutor isn't motivated either but he knows he could get in trouble if he doesn't provide discovery. You should also request the officer's file such as any history of complaints.

Also, if the officer acted inappropriately during the stop, you can file a complaint with the town's internal affairs. Just call the police department and ask for the person that handles complaints. They have a form you can fill out. Or, you can simply write something up and send it to this person. If the officer acted inappropriately, this can give you leverage with your ticket.
 
ReburialGratify said:
The problem with getting legal representation is that its cost is sometimes the same as simply paying the ticket. However, you can call a few of them to ask them any questions. You usually learn a few things just by talking to them during the initial phone call.
Click to expand...
The last ticket I got I decided I was tired of paying the tickets and that I would rather pay a lawyer.

The cost may be about the same, but if a lawyer can get the ticket thrown out or changed to a non-moving violation, then it can potentially save you from increased insurance rates.

I was going to fight it myself, but some research showed that the prosecutor in the court systems in the area pretty much refused to negotiate and/or reduce charges unless you hired a lawyer.

I found a traffic court lawyer off of Avvo and paid him $300. Apparently the judge ruled against me, but pissed the lawyer off do much that he said he would appeal it for free. This normally would have been an additional $300 which I think would have paid just to stick it to the system.

My lawyer won the appeal and the ticket snd fine was waived under the condition I take a driver’s safety course. I can’t remember if I found one or the lawyer told me a specific one. Anyways it was $30 - $40 and I had to go to the library to take the exam.

I think I’ll do the same thing if I ever get another ticket.
 
thomas-dash said:
The last ticket I got I decided I was tired of paying the tickets and that I would rather pay a lawyer.

The cost may be about the same, but if a lawyer can get the ticket thrown out or changed to a non-moving violation, then it can potentially save you from increased insurance rates.

I was going to fight it myself, but some research showed that the prosecutor in the court systems in the area pretty much refused to negotiate and/or reduce charges unless you hired a lawyer.

I found a traffic court lawyer off of Avvo and paid him $300. Apparently the judge ruled against me, but pissed the lawyer off do much that he said he would appeal it for free. This normally would have been an additional $300 which I think would have paid just to stick it to the system.

My lawyer won the appeal and the ticket snd fine was waived under the condition I take a driver’s safety course. I can’t remember if I found one or the lawyer told me a specific one. Anyways it was $30 - $40 and I had to go to the library to take the exam.

I think I’ll do the same thing if I ever get another ticket.
Click to expand...

That's a great result! But, I don't know if a lawyer would go through all that work the next time.

Next time, try this. You said that prosecutors refuse to negotiate in your area. Try reaching out to them after you get assigned a court date. If the prosecutor refuses to settle, you can always reach out to the town clerk and tell them that you've changed your mind and decided to hire a lawyer then.

I can tell you that for every traffic ticket I've gotten and gone to court (maybe about 5 in my lifetime), the charges have always been reduced. Maybe your area is different, but prosecutors don't want to fight it since it will take up too much of their time. Furthermore, where I am, you can fight tickets virtually now. That means you can go to court while you're at work. For example, if you're driving, you can just pull over to the side of the road and log into court at the assigned time.
 
Different country, different laws...does your country have a freedom of access act so you can request official government documents etc.? If so you can file a request to have that video presented to you. If not, you are just in the wrong country for it to help..
 
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