I am going to request a discovery for a speeding ticket (56-5-1520) to assist in my defense at time of summary judgment. I am not finding a request form or if it is merely an informal letter. I would like to request the following, but advise is appreciated:
a.) a copy of the reverse side of the officer's Notice to Appear and other notes
b.) names of all officers that responded
c.) calibration records for the speed detection equipment used by the officer, including the repair and maintenance records and manufacturer's manual and specifications, as well as the tuning fork's certificate of accuracy.
d.) the speedometer calibration certificate, repair and maintenance records of the patrol car used.
e.) a copy of the arrest record of the officer and his daily observation logs on the day of my alleged offense

This citation was in Charleston County, SC

I could not find the forms at the following link:
http://www.judicial.state.sc.us/forms/searchType.cfm

ALSO,
The judge was absent at the original time of summary judgment and from my initial citation it will be a total of 73 days to the next (rescheduled) summons. This time frame is unacceptable and I now question the 'speedy trial' aspect as I answered ready for trial on the initial date.
Any advice or template letters for an end goal to be a motion for dismissal would be appreciated.

Thank you ARFcom legal gurus
ETA: If you have nothing to contribute, please do not comment. This is an opportunity for education and I seek it, not a debate, respectfully. Thank you

In like bell bottoms in 1972.



Edited to add:
Only an idiot serves as his own attorney.
Now go hire one.

You were speeding, go to court, ask the judge if he will reduce it. Pay at the window

In your list i would add a copy of the officers certification to operate the equiptment and see if its valid. Also isnt a motion of discovery a rule four or rule five. And i dont think you get to file them unless your going for a jury trial. Probably wrong though.

Eta: may just want to talk to cop or prosecuter before hand and agree to pleade to unsafe driving. Bigger fine no points.

I see a response from someone in SC about the potential type of motion that needs to be filed to try and get discovery so you need to look at what you can request pursuant to those forms.  However, you may not be able to get the information that you seek, at least not without going through some legal hoops. I can't speak specifically to SC, but many states do not provide any avenues for discovery for criminal matters, or if there is discovery available, it has to be specifically requested in a written motion and ordered by the judge.  Also, you will probably have great difficulty getting any information that is not specifically related to your ticket (ie, the officer's arrest logs and daily observation log).

As far as speedy trial goes, that argument will likely get you no where.  Most of the times when there is a speedy trial issue, it involves individuals who are in custody and delays in the ultimate trial date mean that they spend longer in custody without actually being convicted of anything.  In addition, in most instances, the speedy trial issue needs to be raised prior to the continuance being granted and usually just preserves the matter for appeal.  Finally, without knowing the actual ticket date, it is even more difficult to tell.  However, if the last hearing was your first court date and it was only continued for a little over 2 months, I don't think that you will be even close to having a speedy trial issue, assuming that it even applies in this instance.

You should probably go talk to a lawyer about this.

You can only file a Notion for Discovery if your case is going to go to trial.  You need to learn the South Carolina Rules of Criminal Procedure.  You did not plead guilty yet did you?

See: http://www.sccourts.org/whatsnew/southcarolinacriminalruleswithrule106change.pdf

A quick review of these South Carolina Rules of Criminal Procedure shows that there are several sections that deal with discovery.  Usually a Discovery pleadings is in the form of a motion to the Court or a subpoena (demand for the production of records, etc.) request for.  There is no template form for discovery per say.

I know you want to fight this; however, chances of you prevailing in this matter is slim to none.  Traffic moving violations are very hard to contest.  Chances that you will find some flaw in the state's case against you are very poor.  Law enforcement does a vey good job of maintaining certifications, calibration of equipment, etc. because the state usually requires such and because of defendants actions like what you are doing.

Is there some reason that the state's prosecutor will not accept a plea bargain to a lessor offense, say some no-moving violation?  Or is it that you are just pissed offed?  Which I can very much understand.  Just asking.

Wat? Explain this one a bit more.

Summary Judgment is generally for civil matters.

That's great and all that you find it unacceptable,  but that doesn't sound that outlandish.  You're not the only person that has to deal with the court. Additionally,  any motion you file will likely toll/waive any speedy trial concerns.

Asking a licensed attorney in SC might be a good idea..

I would read up on your state's crim pro rules as well as local court rules. You can also probably google a discovery request from your area and use it as a template.

Not a SC attorney, but in my experience, risk/reward is not in your favor absent some extenuating circumstance. I have seen people try what you are proposing, only to have the judge slap them with an additional several hundred in fines for wasting time. Might be better to go in, plead for forgiveness and ask for a withhold and reduction.

I don't think they can do that

also, discovery request went unanswered

You better be damned sure they can't. It might not be called a fine, could be called court costs, could be making you take a class, etc. Many times these things don't go well for pro se defendants.