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  1. #1

    Default How to Make a Motion

    My question involves traffic court in the State of: CO

    1. Am I allowed to make a motion any time? If not, at what times?

    2. Before the prosecution begins their case, I would like to make a motion that all evidence not disclosed to me by my discovery request may not be used on the basis that in order to present a fair defense I must know what is being presented against me. Is this allowed? How would I say it?

    3. If I'm found guilty, when and how do I ask the judge for sentencing options (traffic school, community service etc.)

    4. I know it varies from court to court, and I get a different answer from every website I visit, but what is the general procedure?

    5. I've also read that the officer is not allowed to make a closing argument, as he is not a member of the bar and he is representing someone other than himself (the State), and if he does so I should object. Is that true?

    6. Are the any other motions/things I should know?

    If you could answer even one of these I would greatly appreciate it. Thanks!

  2. #2
    Join Date
    Feb 2010
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    Default Re: How to Make a Motion(S)/General Procedure

    Quote Quoting American Idle
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    2. Before the prosecution begins their case, I would like to make a motion that all evidence not disclosed to me by my discovery request may not be used on the basis that in order to present a fair defense I must know what is being presented against me. Is this allowed? How would I say it?
    Wellllll, what steps did you talk to try to resolve this issue? Nothing? Then the court will deny it because you HAVE TO try to work it out. Now if they tell you that they have nothing responsive to your requests then you can object at trial when they try to introduce what you asked for.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Make a Motion

    Depends what the motion is.

    You can certainly move prior to evidence being introduced that it was not part of a properly issued discovery request that should have covered it.
    However, outright exclusion is probably not going to happen. What is most likely to happen is the opportunity for a continuance.

    The inclination of the judge to give you traffic school/community service are greatly reduced if you plead not guilty and push it through trial.

    You're best bet is to have a laywer, second best bet, go to the court in advance of your court date and watch.

    An officer is not a prosecutor as you note. He won't even attempt to give one. If there is no prosecutor present, all the officer will do is testify as to his observations of your violation and answer any questions put to him. If you question the officer, remember it is questioning. To elicit answers, NOT TO ARGUE with the cop about what he is saying. If you want to make points about what the officer is saying, put that in your own direct testimony.

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