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  1. #1
    Join Date
    Apr 2009
    Posts
    7

    Default Could I Get a Dismissal from This

    This is in regards to a speeding ticket I got in New Hampshire.

    I have written the State Police department for a request for discovery, which included a written statement from the officer who issued me my ticket. The state passed it on to the officer himself and he complied with everything in my discovery request, minus the statement of events. I wrote him back again requesting his statement

    He wrote back:
    "For your requested "written and signed statement of events", please see the citation itself. I do not complete any other form of written report for a speed citation. If you would like to view a copy of my notes regarding this offense you may request a copy of them from the Clerk of the Court"

    Would I be able to get the ticket dismissed based on the fact that he's refusing to give me his statement? I.E. when he is asked for his statement in court I could object to it being admitted?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Could I Get a Dismissal from This

    Discovery doesn't mean that documents have to be produced to satisfy your request. If you request a document that doesn't exist, you won't get it... because it doesn't exist.

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Could I Get a Dismissal from This

    ... meaning: if he's not required to file a "statement" in court, and he indirectly told you he isn't, then he will be testifying by reviewing his copy of the citation (from his notes on the back of the citation) therefore, to try and predict what he might testify to, your best bet would be to get a copy of the citation from court...

    So no, no dismissal because what you're asking for isn't there.

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