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  1. #8
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Inattention to Driving

    You should respond within 15 days and ask for a contested hearing. The court will mail you a hearing notice, and then you reference the court’s case number on your discovery request. You should not send any arguments with your hearing request because you have not yet viewed discovery. Written statements are allowed according to the court’s instructions, but do that only if making a personal appearance would be a hardship and only after examining discovery materials. Your chances are not as good and there is no appeal, but since “inattention” doesn’t go on your record you only risk paying the fine.

    The reason why chances are worse with a written statement has to do with IRLJ 3.5(a) which states in part: “The examination may be held in chambers and shall not be governed by the Rules of Evidence.” In other words, the judge has a great deal more discretion compared to a case heard in the courtroom.

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