Imagine you are driving along at a comfortable pace on your usual commute, when all of a sudden you see the flashing lights of the approaching police cruiser. There you are pulled over on the side of the road, getting a traffic ticket that you cannot afford. However, you are innocent until you are proven guilty and it is definitely possible to contest a traffic ticket.
What is a Motion for Discovery Exactly?
In a civil trial, a legal request to the court is known as a motion for discovery. The motion for discovery asks the court to instruct opposing council or the opposing party involved in a case to turn over information or a piece of material. This process occurs before the case is presented to a judge when all parties are preparing their case.
When No One Responds
When you get a traffic ticket, you have the right to request a motion for discovery, granting you access to evidence from parties on the opposing side of the case. However, the motion is not always fulfilled. When it comes to filing a motion for discovery, traffic tickets are a prime target, but getting the information or evidence you request is not always easy.
If you want to contest a traffic ticket, you need to file a motion for discover in order to obtain access to evidence, such as radar records, etc. Often days and then weeks go by without hearing anything. What should you do when motion for discovery is unfulfilled?
One option is petitioning for the court to dismiss the citation on the basis that your motion for discovery has not been fulfilled. After all, it is your constitutional right. However, most likely you will be instructed to file another request and reschedule the hearing.
You must have proof that the motion for discovery was filed and that it was granted. The best way to obtain such proof is by using certified mail and requesting a signature upon receipt. It may cost you a couple of extra dollars, but it is worth it when you are contesting a traffic ticket that you do not have the money to pay.
Getting Legal Help
Anytime you are dealing with the courts, it is a good idea to have someone in your corner who knows exactly how the system works. Unless you have the knowledge and experience to contest a traffic ticket on your own, it is best to seek the help of a legal professional.
