radar tuning fork

Does Right to Discovery exist in North Carolina on traffic violations (speeding)?

I received a speeding ticket in North Carolina despite having my cruise control set on the speed limit. My intent is to plead not guilty and to take it to trial. Is there a right to discovery in NC so that I can have a look at the Radar unit records, Tuning fork info and officer training? I spoke with the prosecutor’s office and I was told there is no right to discovery in NC on traffic citations. Not sure if they are jerking me around or not in hopes that I will just pay the ticket. I was under the impression that a defendant always has a right to discovery. Can anyone help me out by providing verification of what I’ve been told?

You’re not too far off a path of defense!

You have a right to ask during your trial for certification of the records of the radar unit however the judge may say the officers testimony is sufficient. There are general questions and responses accepted by the court concerning reasons to dismiss radar tickets. The officer will most likely respond that he checked internal calibration through the internal system check and with tuning forks externally.

You can also challenge the officers training.

Remember that radar has been in use for a long time and everybody has challenged just about everything there is to challenge.

Prior to court you may send a legal request for discovery to the police agency. If they ignore the request…that’s an argument in your favor.

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