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SAMPLE REQUEST FOR BILL OF PARTICULARS REQUEST

These are sample Questions you are entitled to ask, and sample of documents you can request from your accusers. The LAW (Rule 304 and 305) entitles you to receive answers BEFORE the trial. Be sure to read the Court Survival Guide.

This would be sent by certified mail to the Police Dept that is accusing you of committing a crime, with copies to the Township Solicitor or District Attorney and the Court Clerk where you are to be tried.

If you don't receive an answer by your Court Date you can call the Court Clerk and request a postponement.


COMMONWEALTH OF PENNSYLVANIA
Plaintiff

v.

DEFENDANT_NAME
Defendant

IN THE Court - NAME_OF_COURT_COUNTY_DOCKET_NUMBER

 

DEFENDANT your name’s FIRST REQUEST FOR A BILL OF PARTICULARS

DIRECTED TO COMPLAINANT COMMONWEALTH OF PENNSYLVANIA

 

Pursuant to PA Rules of Criminal Procedure 304 and 305 "Request for a Bill of Particulars", Defendant DEFENDANT_NAME respectfully requests the Attorney for the Commonwealth to supply answers to the following questions, and to make the requested documents available for viewing and copying or to provide true and accurate copies to Defendant at DEFENDANT_ADDRESS.

This information is requested to assist defendant in defending himself against criminal charges brought by the Commonwealth.

OBJECTIONS

Objections to all or any portion of an interrogatory shall be set forth with specificity sufficient to allow the party propounding these interrogatories to understand the exact scope of and reason for the objection. Where an objection relates to only a portion of the information requested in an interrogatory, all other information not within the scope of said objection shall be provided.

Legal terms used in these Interrogatories which are not specifically described below shall have the meaning provided in the statute, regulation, ordinance or other legal authority from which term is derived, if any, or in the most recent edition of Black’s Law Dictionary. Any other word or term used in these Interrogatories which is not specifically defined below shall have its ordinary and customary meaning and usage.

INTERROGATORIES



  1. Please identify each and every person involved in any way in the answering of these interrogatories.



  2. Please identify the reason or probable cause for which the defendant's vehicle was originally stopped?



  3. Did the vehicle display a valid PA State Inspection Sticker?




  4. Has your department received any correspondence from PENNDOT that the PA Statute Title 75 Chapter 47 4727b has been revoked, repealed, or voided, and that Inspection Stations are now permitted to issue Inspection Stickers to vehicles that DO NOT comply with all PA Laws and Regulations.



  5. Was the Officer able to view the inside of the vehicle through the windshield?




  6. Was the Officer able to view the inside of the vehicle through the side window?




  7. If your answer to interrogatory 6 is in the affirmative, were their any other witnesses prepared to testify that they were unable to view the inside of the vehicle through the windshield or side window?




  8. Does the Officer own corrective lenses prescribed by a licensed optometrist to correct deficiencies in his/her vision?




  9. Does the Officer’s driver's license require corrective lenses while operating a motor vehicle?




  10. If your answer to interrogatory number 8 or 9 above is in the affirmative, was the Officer wearing such corrective lenses at the time of the alleged incident?




  11. Has the Officer received training in the enforcement of PA Safety Sun Screening Laws (i.e. 4524 e 1) or other PENNDOT safety sun screening regulations?




  12. If your answer to interrogatory number 11 is in the affirmative, please describe the training and certification received.




  13. Did the Defendant consent to the measurement of his windows with a light meter?




  14. Was the Defendant notified whether or not he was required to consent to a measurement of his windows?




  15. Please state the make, model, and date of manufacture of the light meter used?




  16. When was the light meter last calibrated?




  17. Has the Officer received training in the use of this meter?




  18. Has this meter been approved by any law, regulation, or regulatory body in PA for use in determining light transmittance levels for law enforcement purposes?




  19. Please identify each and every person whom you expect to call as a witness at trial in this matter, and, for each person so identified, please state whether that witness will testify as a witness to the alleged complaint or as an expert, or both.




  20. For any experts you intend to call at trial, please state:




    1. the name and address of each such expert witness




    2. The subject matter as to which each such expert witness is expected to testify;




    3. The qualifications of each such expert witness




  21. Set forth a summary for the grounds for each opinion to which each expert is expected to testify, including any text material on which the expert witness will rely. Identify all such texts or publications, including the name, author, edition and page reference.






 

REQUEST FOR PRODUCTION OF DOCUMENTS

 

Please produce the following documents . . .

1. Any and all documents related to certification or calibration of the light meter.

2. Any and all documents related to the suitability and acceptability of above light meter for law enforcement purposes in PA.

3. Any and all documents related to the training of the officer in the use or operation of above meter.

4. Any and all documents or correspondence from PENNDOT or PA State Police regarding enforcement of PA Safety Sun Screening Laws (i.e. 4524 e 1)

5. Any and all documents or interdepartmental correspondence related to officer training and enforcement of PA Safety Sun Screening Laws (i.e. 4524 e 1)



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