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  1. #1
    Join Date
    Aug 2006
    Posts
    4

    Default Court Case - NJ Reckless Driving, Lawyer Still Waiting for Requested Discovery

    Help!

    I am no living in NJ, I am WA resident.

    Somewhere in August, while I was driving in NJ, I was stopped by a cop in Hunterdon County, NJ. I got 3 tickets: Speeding, Failure to give turn signal and Reckless Driving.

    Yes, I drove fast that time, but no accident.
    And I had clean driving history.

    I was told to go to court, originally dated 09/12/06. Seeing my case is quite serious & I don't want to lose my driver's license or face possible jailtime, I hired a local lawyer near Hunterdon, hoping the attorney can greatly help me in this case.

    After hiring the lawyer, he requested the court to reschedule the court date. It is rescheduled to 10/31/06. My lawyer said I don't have to attend since he is representing me.

    Now it is less than 6 days and I was curious about my position, so I inquiried my lawyer via email, asking about the progress so far.

    He said he is still waiting for the requested discovery. He still don't have the requested discovery, he called the prosecutor and left message.

    .
    .
    .
    .

    I don't understand, what is that he is waiting for? Can't he do anything without that? Is this something bad, or a good thing?

    I thought after we hired a lawyer, he would try to contact the prosecutor or police involved in the case and try to negotiate before the court.

    What would happen if he never receives the discovery in deadline 10/31/06?

    I don't understand the legal procedure, can someone explain me please?

    Thanks in advance.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Court Case - NJ Reckless Driving, Lawyer Still Waiting for Requested Discovery

    You would have to ask him what he has requested by way of discovery.

    If the state cannot produce requested materials, the court can impose sanctions. Sometimes failure to comply with discovery can result in the dismissal of a case.

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