1) I call the number on the Speeding Ticket and tell the Court I’m pleading Not Guilty.

2) I create a Discovery Request and print it out.

3) I go to my first Court Date and meet with the Prosecutor or Prosecutor’s assistant. I hand them my Discovery Request, discuss a plea deal, and usually say no thanks to their first offer. I have also called the Court and asked for the Prosecutor’s mailing address, then mailed or hand-delivered the Discovery Request to the Prosecutor.

4) I generally get attitude from the Prosecutor or their assistant at this point, but I make sure to always be courteous in return. One time the Prosecutor told me I had to bring my Discovery Request to the Police Station, but NJ Court Rule 7:7-7(a) says Discovery Requests go to the municipal prosecutor.

5) I keep track of the date I hand-deliver or mail my Discovery Request because the Prosecutor has 10 days from receipt to respond according to NJ Court Rule 7:7-7(g). *One time, the Prosecutor’s assistant (a Police Lieutenant) told me that 10 days meant 10 business days but I reminded him of NJ Court Rule 1:3-1 stating they are actual days.

6) Sometimes the Judge will review my Discovery Request and approve/deny parts of it. When the Judge denies something I say, “Your Honor, I believe everything I’m asking for is subject to Court Rule 7:7-7(b) or State v Green 417 Super. 190 (App. Div. 2010)”

7) PLEA DEAL STRATEGY - The Prosecutor usually offers a better deal in lieu of providing Discovery. I personally prefer to wait and see the Discovery evidence before accepting any deal, but if I’m too busy, I’ll accept a good plea deal or even suggest one to the Prosecutor.

8) PUSH TRIAL STRATEGY - Usually the Prosecutor fails to provide some, if not all, Discovery within 10 days. Depending on how crucial the evidence is to their case and if I’m using this aggressive strategy I’ve learned from Defense Attorneys, I’ll say: “Your Honor, Motion to Suppress evidence not disclosed. The State has violated Rule 7:7-7(g) by taking more than 10 days to answer a Discovery Request. I ask the Court to enforce Rule 7:7-7(j) as a remedy and prohibit the State from introducing evidence not disclosed in a timely manner.” If the Judge agrees to Suppress evidence, for example: the Officer’s expected testimony or the radar gun’s calibration certificate, etc. the case may be Dismissed immediately. Especially if I object to Postponing the case any further.

9) SPEEDY TRIAL STRATEGY - If I’m using this passive strategy, I’ll insist on every bit of Discovery and I’ll agree to continue postponing until the State produces all of it. I’ll make sure that the reason for each Postponement (State needs more time to produce Discovery) goes on record. Around 180 days from the Speeding Ticket citation, I’ll assert my right to a Speedy Trial and make my oral and/or written Speedy Trial Motion.

10) MANUALS – Prosecutors do not like to give out copies of the Radar/Laser Operating Manual or Police Training Manual. I generally have to ask the Judge for a Motion to Compel that forces the State to address the issue. I’ve been told I can look at the manual, but not make copies or take pictures because it violates Copyright Law. Then I explain Copyright Law to the Judge: Title 17 USC, section 107 - making copies of evidence for nonprofit research and educational purposes is considered "Fair use" and does NOT violate copyright law. Furthermore: The US House Committee on the Judiciary explicitly listed “reproduction of a work in legislative or judicial proceedings or reports” as an example of a fair use of copyrighted material (DENISON V. LARKIN N.D. Ill. 2014). Furthermore: New Jersey Court Rules provide for the transfer of computer files: 7:7-7(b)(6): “…[Defendant] shall be provided with copies of... electronically stored information…” 7:7-7(g): “…the parties may provide discovery…through the use of CD, DVD, e-mail, internet or other electronic means.” Furthermore: If the State refuses to make copies, then by New Jersey Court Rule the Defense may make copies or take photographs of the manual themselves. 3:13-3 (b)(1): "... the prosecutor may make discovery available by permitting defense counsel to inspect and copy or photograph discoverable materials at the prosecutor's office, rather than by copying and delivering such materials..." It's worth noting that nowhere in the NJ Rules of Court does it say there is a "copyright exception" to providing copies of evidence to defendants.

11) If I don't get all the evidence I think I'm entitled to, I tell the Judge I'm making a Motion to Compel. I'll usually just ask for what I want (oral argument) or sometimes the judge asks me to submit a motion in writing (written argument). When I submit a written motion, the State must respond to me in writing no later than 8 days before the next court date (NJ Court Rule 1:6-3).

12) After receiving all Discovery, I look for errors; checking mistakes like names, dates, signatures, matching serial numbers, minimum requirements of certifications, etc. Then I make a deal with the Prosecutor or get myself ready for trial.

1. Step by Step Process