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No Response Yet to Discovery

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  • 09-12-2009, 03:33 PM
    husky
    No Response Yet to Discovery
    Hello,

    I got a speeding TT and following an advice from another thread from this forum, I requested for discovery. I hand-delivered the request to the Prosecutor's office and mailed another one to the Court. But I didn't get any proof on any of them.

    The hearing is less than one week away and so far I haven't received anything from the Prosecutor's office yet.

    Should I go ping the Prosecutor's office again? Any idea?

    Thanks in advance for your help,
    Hendry
  • 09-13-2009, 11:24 AM
    blewis
    Re: No Response Yet to Discovery
    That's why I ALWAYS advise people to get "proof of service". Well, too late now. Anyway, if I were you, I'd call the Clerk of the Court and see if they received a copy of your Discovery Request. They should be able to tell you over the phone. If they did, that will probably suffice as "proof of service".

    Then if you still don't receive your discovery materials by the hearing, make a motion to suppress the officer's sworn statement, pursuant to IRLJ 3.1(b). Since the court will have a copy of your request in the file, it may be enough -- but maybe not -- to grant the motion. Then your citation should be dismissed.

    Barry
  • 09-13-2009, 09:27 PM
    husky
    Re: No Response Yet to Discovery
    Thx Barry for the prompt reply. Actually, I asked the prosecutor to have my forms stamped (I handed 3 to her) following your advice on the other forum. She told me that they would be mailed. When I came back home, I realized that she must have misheard me that I was asking for the discoveries.

    I will give the court a call tomorrow to check if they have received a copy of my Discovery Request. Should I give a try visiting the Prosecutor's office tomorrow asking for a timestamp proof? Btw, when I visited the Prosecutor's office, I called the court a couple of times asking for direction. In fact, I got lost and had to ask 2 neighbors to locate the Prosecutor's office although I'm pretty sure they won't remember the day or even me. I'm not sure if those things will be helpful or not to convince the judge that I hand-delivered the Discovery request.

    Btw, supposed a judge doesn't dismiss my citation, I'm curious of what you think of these 2 defenses:
    - the car color is grey and that's what the Department of licensing says. The police wrote the car color is black.
    - the distance from where the police stopped me to the location the citation says is 0.3 miles. Is it common for police to wait that long before giving a citation?

    Thanks a lot Barry.
  • 09-14-2009, 08:11 AM
    blewis
    Re: No Response Yet to Discovery
    Personally, I would not visit the prosecutor again. Wait to see if they send you the materials. If not, make your motion for dismissal. If you do receive them, it's a moot point and you will need to look through the materials for some other discrepancy.

    I don't think the color of the car will matter. And, yes, it's quite common for the officer to "run" your tags before pulling you over -- just to see if there's an outstanding warrant for your arrest. In this day and age, an officer cannot be TOO careful.

    Barry
  • 09-15-2009, 10:05 PM
    husky
    Re: No Response Yet to Discovery
    The judge was in a good mood and my case got dismissed. Thx Barry once again.
  • 09-16-2009, 08:51 AM
    blewis
    Re: No Response Yet to Discovery
    Fantastic! Good job. Care to share the details? What was the reason the judge dismissed it?

    Congrats, again,
    Barry
  • 09-16-2009, 11:33 PM
    husky
    Re: No Response Yet to Discovery
    When the court received my discovery request, they forwarded it to the prosecutor's office. So actually the court has a copy.
    And they don't have any material from the prosecutor's office too. So he believed me and dimissed the case. Oh, the prosecutor didn't show up at the trial too.

    I'm very pleased. This forum and you rock!
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