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  1. #11
    Join Date
    Nov 2009

    Default Re: Neg.driving 2

    To expand on and summarize what’s been said so far by various posters, I would take the following steps:

    Send in the ticket with the “contested” box checked. This will get you a hearing date and preserve all your options.

    Serve a discovery request on the prosecutor’s office and file a copy with the court per instructions in the template mentioned in the sticky thread linked earlier. This is very important because it will get you a copy of the officer’s sworn statement that should have been filed along with the ticket, as well as names of any witnesses you might not be aware of.

    It’s possible that no statement was filed at all, which means no evidence other than the ticket, which is weak if not supported by a statement. In that case you would have a preliminary motion to dismiss the charge for lack of evidence.

    If there is a statement then the main evidence will be the police version of what you told them, which is very important to see. Your version of facts here on the forum is only important for members who are trying to assess how good a rebuttal you might have against the presumption of negligence.

    Call the court clerk and ask:

    Does the court allow for a deferred finding in neg2 cases? (a few counties don’t)

    Will a prosecutor be present? If so, you might also have the option to speak with him/her a few minutes before your hearing and ask for amendment to a lesser charge. The amended charge or deferral options are good if you want to be totally safe.

  2. #12
    Join Date
    May 2019

    Default Re: Neg.driving 2

    Thank you very much for your help.

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