documentationUnited States · West Virginia (Statewide)Difficulty: Hard
Subpoena for Officer Notes / LPR Data
Under WV Code §50-5-12 and WVRCP applicable in magistrate court, defendants may subpoena officer field notes, LPR scan logs, and ParkMobile transaction histories. Cities often cannot produce, leading to dismissal. This is particularly effective in Morgantown and Charleston where LPR scofflaw enforcement is automated and human-officer attestation is thin.
Legal basis
WV Code §50-5-12; WVRCP Rule 45 (subpoenas applicable in magistrate court via Rule 81)
Sample appeal wording
TO: Magistrate Court of [COUNTY] SUBPOENA DUCES TECUM RE: Case No. [#] Defendant requests issuance of subpoena duces tecum to [Parking Division / Issuing Officer] commanding production at trial of: 1. Issuing officer's contemporaneous field notes for citation [#]; 2. LPR scan log for date [DATE], including image, GPS coordinate, and timestamp; 3. Officer training records and certification of LPR equipment; 4. Any photograph of citation affixed to vehicle; 5. Calibration records for the meter or LPR system in use. [NAME] [ADDRESS] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- WV Code §50-5-12
- WVRCP Rule 45