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  1. #51
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    Sep 2011
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    29

    Default Re: Not Sure How Ticket Was Issued

    Used template and sent the request out specifically wanting to know SMD via certified mail. Over a week and no reply. Not sure what the timetable is.

  2. #52
    Join Date
    Aug 2011
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    South-Central Cali
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    Default Re: Not Sure How Ticket Was Issued

    Quote Quoting sooners08
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    Used template and sent the request out specifically wanting to know SMD via certified mail. Over a week and no reply. Not sure what the timetable is.
    Phone DA office and ask. Did you get a return receipt?

  3. #53
    Join Date
    Sep 2011
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    29

    Default Re: Not Sure How Ticket Was Issued

    Yes, with a signature that is too difficult to read. They get mad when you notice this.

  4. #54
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    Aug 2011
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    South-Central Cali
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    Default Re: Not Sure How Ticket Was Issued

    Quote Quoting sooners08
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    Yes, with a signature that is too difficult to read. They get mad when you notice this.
    Well, it's not like a bad attitude over the phone is gonna traumatize you for the rest of your life

    Give them a call and boldly state that they received it on such-and-such date, when can you expect a response?

  5. #55
    Join Date
    Sep 2011
    Posts
    29

    Default Re: Not Sure How Ticket Was Issued

    The secretary said they don't take requests for speeding ticket discovery after putting me on hold. They received the request. I was told I can request the SMD at court and she would not transfer me to anyone important. Kept asking "Any more questions?" I said no, and was on my way. It seems excessively difficult just to get the SMD.

  6. #56
    Join Date
    Aug 2011
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    South-Central Cali
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    1,274

    Default Re: Not Sure How Ticket Was Issued

    Quote Quoting sooners08
    View Post
    The secretary said they don't take requests for speeding ticket discovery after putting me on hold. They received the request. I was told I can request the SMD at court and she would not transfer me to anyone important. Kept asking "Any more questions?" I said no, and was on my way. It seems excessively difficult just to get the SMD.
    OK, I agree your county's DA sucks. I just looked up the OK Statutes to find rules of discovery. They are in Sec. 22-2002. Help me out here though -- when is your appearance date (i.e., when you are arraigned)? The rules say you cannot ask for discovery BEFORE that point. At your arraignment, you can simply make an oral motion. You must get it all at least 10 days before trial and you can compel production or more extreme sanctions by simply "bringing to the attention of the court" that you've not gotten discovery.

    Here are the relevant portions of the code:
    Quote Quoting OK Stats. Sec. 22-2002: Disclosure of evidence - Continuing duty to disclose - Time of discovery - Regulation of discovery - Reasonable cost of copying, duplicating, and videotaping.
    ...
    D. Time of Discovery.
    Motions for discovery may be made at the time of the district court arraignment or thereafter... All issues relating to discovery, except as otherwise provided, will be completed at least ten (10) days prior to trial. The court may specify the time, place and manner of making the discovery and may prescribe such terms and conditions as are just.
    E. Regulation of Discovery.
    ...
    2. Failure to Comply with a Request. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to permit the discovery or inspection, grant continuance, or prohibit the party from introducing evidence not disclosed, or it may enter such other order as it deems just under the circumstances.

  7. #57
    Join Date
    Sep 2011
    Posts
    29

    Default Re: Not Sure How Ticket Was Issued

    I mailed in a written plea of not guilty. The arraignment would have been two weeks ago in person.
    I'm not sure the exact law, but for speeding tickets it's not required on their end to give you any sort of discovery.

  8. #58
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    Aug 2011
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    South-Central Cali
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    Default Re: Not Sure How Ticket Was Issued

    Quote Quoting sooners08
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    I'm not sure the exact law, but for speeding tickets it's not required on their end to give you any sort of discovery.
    PLEASE STOP relying on whatever that lawyer told you --- unless there is a law that says otherwise, they have to!

    Some questions (a) When is your trial? (b) How far are you from the courthouse and (c) Which courthouse (its name and address, please)?

    File a motion for (formal) discovery, stating in a declaration about how your informal request was received and shrugged off. Also request continuances as necessary to comply with the 10-day rule.

  9. #59
    Join Date
    Sep 2011
    Posts
    29

    Default Re: Not Sure How Ticket Was Issued

    Will not say the exact date, but it's earlier next month. It's a long drive round-trip to get there. Far enough, I will have to spend a lot on gas plus hotel fare one night. I don't think it's really worth it at this point.

  10. #60
    Join Date
    Aug 2011
    Location
    South-Central Cali
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    1,274

    Default Re: Not Sure How Ticket Was Issued

    You can file the motion by mail. Copy goes to the DA's office. Make sure you have a friend drop it in the mailbox and sign a proof of service. Include the original proof of service in the court's packet, send a copy to the DA, and keep one for your records.

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