State v. Spada

Defendant was charged with violation of the basic rule for travelling 56 miles per hour in a 30-mile per hour zone. The officer who issued the citation noted thereon that defendant’s speed had been determined by radar. Prior to trial, defendant filed a motion for discovery requesting, inter alia, disclosure of the repair and maintenance records for the radar device used to determine his speed. The prosecution refused to produce the records, and defendant filed a motion to dismiss the complaint "on the grounds that plaintiff did fail and refuse, without any excuse or just cause whatsoever, to…