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  1. #1
    Join Date
    Sep 2006
    Posts
    5

    Default Going To Court Tomorrow, No Discovery Yet

    Hi:

    I am going to traffic court tomorrow. A month and a half agfo, I sent a request for discovery to the City Prosecutor, and the PD. YES, It was certified (I am not THAT dumb! ) Anyway, a week later the Pros. responded with a copy of the original ticket- all the info they said they had. The PD, whom I asked for police officer notes and other pertinent info, has not responded at all.

    What should I do tomorrow? How do I bring this to the attention of the court PROPERLY? Will this dismiss the case, or does it not matter at all?

    Also, Sunday will be 90 days from the ticket date- I have never waived time- is this anything to pursue?

    This is in Salt Lake City, UT.

    Dave

  2. #2

    Default Re: Going To Court Tomorrow- No Discovery

    Assuming that UT allows discovery at the traffic court level, many states do not, the request msut have been in the proper format. Pertinent info is not a proper request, you must be specific. ffThe other question is whether this is a trial date or an arraignment. Assuming that you have already entered a not guilty plea and this is a trial, you can make a motion for dismissal since you did not receive the discovery.

    As for the time, assuming there is a right to a "speedy trial" in UT which applies to traffic tickets, you waived that right when you did not object to the trial date.

    If I were you, I would prepare for trial by doing some bending over exercises today.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,761

    Default Re: Going To Court Tomorrow- No Discovery

    It could be that there are no notes to be had on the citation. I know of officers that do not make any notes on their stops. It's not what I encourage, but it does happen.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Sep 2006
    Posts
    5

    Default Re: Going To Court Tomorrow- No Discovery

    Hi:

    Thanks for the quick responses!

    I have looked, and I cannot find anything specific to speedy trial at all in Utah Code where I have looked, at least anything with numbers- I have found "Reasonable Period." Whatever. I am NOT relying on that to win, but it would be nice!

    I have a stack of photos (in triplicate), to-scale drawings, quotes of pertinent law, my own notes, etc. I am ready to win on the merits of my case. I even took measurements of the scene, including angles of view measured on site from the officers position. And I think I do have a really good case. I am just not too good in confrontational situations- that is my only real worry- I am scared!

    RE my discovery request, I used a form I found on the web, and asked for specific items- officers notes, number of tickets the officer wrote that month and dispositions of those tickets, length of time employed at agency, etc. All specifically delineated. I left my address and phone number for contact in case there were expenses. All very proper, at least to the extent I know.

    Regarding waiving time, the court date IS within 90 days, but any delay after that will be beyond 90 days. Any delay beyond tomorrows court date would be after 90, but tomorrow will be within the proper time. If their lack of discovery pushes beyond tomorrow, that is their fault, not mine. Do you waive time by agreeing to a court date? I checked everything I signed- all promises to appear, nothing about waiving time...

    Dave

  5. #5
    Join Date
    Sep 2006
    Posts
    5

    Default Re: Going To Court Tomorrow- No Discovery

    Oh, Carl:

    Thank you for responding- I enjoy your posts. My brother is an officer for San Fernando PD- I picture him when I read your posts.

    Dave

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,761

    Default Re: Going To Court Tomorrow- No Discovery

    Quote Quoting carfac
    Oh, Carl:

    Thank you for responding- I enjoy your posts. My brother is an officer for San Fernando PD- I picture him when I read your posts.

    Dave
    Good luck to him. The San Fernando Valley is an interesting place. I had forgotten they broke away from L.A.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    Sep 2006
    Posts
    5

    Default Re: Going To Court Tomorrow- No Discovery

    So, back to my original question- how do I bring this up properly in court? I assume right at the start. What do I say to the judge? Are there any special, magic words I should use?

    Dave

  8. #8

    Default Re: Going To Court Tomorrow- No Discovery

    I thought you were going to court today?

    Before the prosecution starts to present its case you make a motion for dismissal based on not receiving the materials requested in the discovery request and therefore not being able to properly prepare your defense.

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