STATE OF SOUTH CAROLINA ) IN THE HAMPTON COUNTY

COUNTY OF HAMPTON ) MAGISTRATE’S COURT

)
STATE OF SOUTH CAROLINA )
)
v. ) Defendant’s Request
) for Discovery Inspection
WILLIAM FERRARA, ) Pursuant to Criminal Practice
Defendant ) Rule 5 and Brady v. Maryland
) Citation No: 93022EH
) Reckless Driving
___________________________________)

TO: MAURICE HUNT, SGT

HAMPTON COUNTY SHERIFF’S OFFICE

YOU ARE HEREBY GIVEN NOTICE, that the Defendant above-named

requests for discovery and inspection pursuant to Rule 5 SCRCrimP, as adopted by
the Supreme Court of South Carolina, and Brady v. Maryland, 373 U.S. 83, 83 S.Ct
1994, 10 L.Ed. 2d 215 1963), the following:

1. Any relevant written or recorded statements made by the Defendant, prosecution,

the existence of which is known, or by the exercise of due diligence may become
known, to yourself or, if applicable, to the attorney for the prosecution; the
substance of any oral statement with the prosecution intends to offer in evidence
at the trial made by the Defendant, whether before or after citation issuance in
response to questioning or interrogation by any person then known to the
Defendant to be a prosecution agent.
2. A copy of the Defendant’s prior driving record, if any as in within the possession,
custody, or control of the prosecution, the existence of which is known or by the
exercise of due diligence may become known to yourself or to the attorney for the
prosecution.
3. Any books, papers, notes, documents, photographs, audio, video or audio-video
tapes, electronic or radar speed detection reports or images, other tangible objects,
buildings or places, or copies of portions thereof, which are within the possession,
custody, or control of the prosecution, and which are material (to include
exculpatory evidence) to the preparation of his defense or are intended to be used
by the prosecution as evidence in chief at the trial, or were obtained from or
belong to the Defendant.
4. Any results of reports of physical or mental examinations, and of scientific tests
or experiments or copies thereof, which are in the possession, custody, or control
of the prosecution, the existence of which is known or by the exercise of due
diligence, may become known to yourself or to the attorney for the prosecution or
the prosecution officer and which are material to the preparation of the defense or
are intended for use by the prosecution as evidence in chief at the trial.

C/A No. 93022EH 1 5/23/2011

 5. A list of all witnesses (to include certified law enforcement officers, pedestrians,
other drivers, passengers or any other persons who witnessed the alleged crime)
the state intends to present at trial who observed the alleged offense or who the
state intends to present to provide any and all other material evidence against the
Defendant at the trial.
6. A list of all certified law enforcement officers at the scene of the incident, and if
these officers are going to testify at trial.
7. Whether or not the Defendant was lawfully arrested or detained.
8. The period of time between arrest and testing, if applicable.
9. Whether or not the Defendant was given a written copy of and verbally informed
of the rights enumerated in applicable U.S. and South Carolina.
10. Whether the Defendant consented to a search of his person and/or vehicle.
11. Whether the Defendant’s was informed of his rights under Miranda v. Arizona.
12. The total time or duration of Defendant’s detention and/or seizure.
13. Whether the Defendant consented to taking a test pursuant to Section 56-5-2950,
if applicable.
14. If applicable, whether the:
(a) reported alcohol concentration at the time of testing was eight
one-hundredths of one percent or more;
(b) individual who administered the test or took samples was qualified pursuant
to Section 56-5-2950;
(c) tests administered and samples obtained were conducted pursuant to Section
56-5-2950 and regulations adopted pursuant to Section 56-5-2951(O) and Section
56-5-2953(F); and
(d) the machine was working properly, if applicable.
14. Evidence of field sobriety tests to include, if applicable:
(a) evidence of the amount of alcohol consumed by the person; and
(b) evidence of the person’s driving.
15. Any and all video and audio recordings of the officer’s alleged pursuit of the
Defendant’s vehicle or the vehicle the Defendant is alleged to have been
operating.
16. Start and end location of officer’s pursuit of Defendant’s vehicle or the vehicle
the Defendant is alleged to have been operating, distance, speed, alleged reckless
conduct and required elements thereof, and any other relevant evidence the
prosecution intends to present at trial
17. Any and all material evidence associated with Defendant’s alleged damage to
any public and/or private property.
18. Any and all video and audio recordings of the Defendant’s conduct at the
incident site and breath testing site taken pursuant to Section 56-5-2953.
19. Any other evidence of the state of a Defendant’s faculties or inability to drive a
motor vehicle which would call into question the results of any observations by
certified law enforcement officers or any other witnesses at the scene of the
alleged incident to include breath or bodily fluid tests, as applicable.
20. Any and all material evidence which the prosecution intends to present at trial
which supports the alleged offense and the required elements of the alleged
offense.

C/A No. 93022EH 2 5/23/2011

 i
21. Pursuant to Rule 5, SCRCrimP, this request imposes a continuing duty upon the
prosecution to supplement any evidence or material as additional evidence or
material is discovered which should be immediately disclosed to the Defendant
under this request for discovery.

______________________
William Ferrara, Defendant
109 Fox Lea Trail
Aiken, SC 29803

May 19, 2011

C/A No. 93022EH 3 5/23/2011