Results 1 to 4 of 4
  1. #1

    Default Will a Case Be Dismissed if You Are Denied or Delayed Discovery

    My question involves traffic court in the State of: Colorado

    I am spent about three weeks trying to get documentation for a case, but the offices I am requesting information from seem to take forever to get an answer.

    As my court date is coming up, I was wondering if it is possible to have my case dismissed on the basis of not being able to get information through discovery as evident by mutliple emails to the police department, clerks office, and Lidar manufacture or if I would be better to file for an extension?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Will a Case Be Dismissed if You Are Denied or Delayed Discovery

    for discovery to be required, there are procedures to follow. I can't say any I have read included the use of email.

    Whether you could seek a dismissal or not would have to be based on who is not sending information, the process you used to demand information, and how the judge believes it would impact your case.

    You need to refer to the rules of procedure to see what actions are available to you.

  3. #3

    Default Re: Will a Case Be Dismissed if You Are Denied or Delayed Discovery

    I requested discovery through the court and all the could offer was the back of the ticket. I was told I would have to contact the police department for further discovery such as the officer's logs and radar information.

    I contacted the police department via email. Through discovery I asked to obtain the radar make and model. This information took nearly two weeks to get.

    Once I recieved the lidar's make and model, I contacted the manufacturer via email and requested a copy of the manual as the spec sheet is available on the internet. I heard basck after nearly a week and 3 emails, and they informed me to contact the police department to review the manual. I requested the information from the department and was told to contact the manufacturer. Meanwhile, I requested from the PD, the officer's logs and after two weeks and 4 emails, I recieved information that the officer may not keep logs and that I would have to pay $5 to look into it and that process could take a couple of days to weeks.

    As my court date is in a few days, I am unsure if I will have time to evaluate the logs and manual, or even if I will get them. As a result, would it be best to ask for an extension or dismissal?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Will a Case Be Dismissed if You Are Denied or Delayed Discovery

    from what you have said, it is likely a dismissal wouldn't be warranted but you may be allowed an extension. You could ask for both actually. Just be sure to ask for the dismissal first

    1. Sponsored Links
       

Similar Threads

  1. Drunk and Impaired Driving: If I Fail to Appear for a DUI Case in Ohio Will the Case Eventually Be Dismissed
    By DUI1969 in forum Drunk and Impaired Driving Charges
    Replies: 4
    Last Post: 03-08-2011, 01:33 PM
  2. Can Discovery Be Compelled After a Case is Dismissed
    By Paccomcenter in forum Accidents and Injuries
    Replies: 3
    Last Post: 12-11-2010, 05:31 PM
  3. Discovery: How to Get a Case Dismissed Over Non-Response to Informal Discovery
    By tom15375 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 12
    Last Post: 06-12-2010, 02:36 PM
  4. Speeding Tickets: Discovery Denied at Trial
    By x68172 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 11
    Last Post: 04-29-2010, 12:26 PM
  5. Delayed Treatment and Surveillance in a California Comp Case
    By not2nv in forum Worker's Compensation
    Replies: 4
    Last Post: 09-17-2006, 10:15 PM
 
 
Sponsored Links

Legal Help, Information and Resources