Avoid these mistakes at all costs:
• Do NOT motion the court before the trial for any documents.
• Do NOT motion the court for their evidence before the trial.
• Do NOT testify, even if the prosecution challenges you to testify.
• Make no statement regarding your speed. Do not let the prosecution con you into making a statement. The burden of proof is on their shoulders. Don’t make their job easy for them.
• Do NOT let the prosecution know your intentions.
Assembly Line
Speeding trials are an assembly line. The prosecution does not have the time to gather the documents for every case they will hear. Dozens of people will be tried, only a few minutes devoted to each one. The prosecution expects you to fold. Don't tip them off by asking in advance for the documents, they will know what you are up to and bring all the paperwork.
Reasonable Information
In your case, you are only asking for documents any prosecutor would present. The fact that the prosecutor doesn’t present them is not your fault or responsibility. He is a trained lawyer. He knows the items requested are required. The fact the prosecutor did not come prepared, he cannot claim trial by ambush, even if you surprised them when you asked for the documents.
No Objections
During the officer’s testimony, do not object to anything! Wait until it is your turn, do not tip them off. If you object when the officer introduces the radar evidence, you open the door for the prosecution. They will realize your intent. Wait until prosecution rest it case.
*Note*: Once the prosecution has rested, they cannot bring in or introduce additional evidence, they are finished.
No More Witnesses
They cannot call any more witnesses unless they are rebuttal witnesses to your cross-examination of the officer. Because you are asking for documentation, they cannot legally call another witness. All they can do is present paperwork, which they do not have at trial that day. Without that evidence the prosecution has nothing. The evidence given by the officer is useless, so remember, do not tip them off.
Good Offense
You have, in essence, ambushed the prosecution. They may attempt to introduce new evidence, don’t let them. Argue that the prosecution rested. Presenting logs or documentation that you ask for is not new evidence.
No Jury
Do not ask for a jury trial. The prosecutor will prepare for that. Unknown to you, at a jury trial the prosecutor can ask for the full punishment allowed by law, including jail time for going over the speed limit. A jury trial takes a lot of time and resources. This could upset the court, and you will probably lose. The jury can, without being bound by the evidence still convict you.
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