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Old 03-25-2011, 10:11 AM   #1
daytona
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Careless ticket...questions



My trial is in two weeks,the ticket fighters Im using requested disclosure 5 times since last year and the police officer have not release the disclosure.Either hes away,lost the notes or is too busy on other assignments.My ticket fighter says its ground for the case to be thrown out since the accident happen 11 months ago and due to the time frame and lack of significant time allowed to review the report he putting in the motion.Hes been doing this job for over 15 years at the same court so he said there is a excellent chance of that happening.Anyone one else use this method to get out of ticket?.I think the highway law is 11B..something of violation of my rights for a speedy trial......
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Old 03-25-2011, 10:31 AM   #2
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By law you're supposed to receive full disclosure, so if he requested it 5 times and still hasn't gotten it then it will most likely be thrown out. I had a friend who had a speeding ticket and his paralegal couldn't get the disclosure so his ticket was thrown out.
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Old 03-25-2011, 11:34 AM   #3
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cross my fingers that is the case...its been 11 months also so my charter of rights for a speedy trial has been "abused"..my ticket fighter not going to request it anymore,he ask for it a month ago and now he says no more.If I win this case hello M3...that or a 335 coupe is my next car.....
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Old 03-25-2011, 02:37 PM   #4
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very good chance it'll get thrown out or at least downgraded. good luck.
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Old 03-25-2011, 07:47 PM   #5
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very good chance it'll get thrown out or at least downgraded. good luck.
Don't take the deal the prosecutor offers. Based on lack of disclosure your paralegal should ask that the case be dismissed.
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Old 03-25-2011, 08:35 PM   #6
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Don't take the deal the prosecutor offers. Based on lack of disclosure your paralegal should ask that the case be dismissed.
+1, your case will be thrown out.
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Old 03-25-2011, 09:04 PM   #7
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99% chance your case will be thrown out right away. If the judge doesn't throw the case out, make sure the lawyer states for the record that your rights have been violated and you will appeal.

Even if you lose, you're almost guaranteed to win on appeal. The lawyer shouldn't accept disclosure at the court date. Your lawyer already knows all these things.
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Old 03-26-2011, 01:12 AM   #8
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Good luck on the win. Fingers crossed.
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Old 03-26-2011, 10:31 PM   #9
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My trial is in two weeks,the ticket fighters Im using requested disclosure 5 times since last year and the police officer have not release the disclosure.Either hes away,lost the notes or is too busy on other assignments.My ticket fighter says its ground for the case to be thrown out since the accident happen 11 months ago and due to the time frame and lack of significant time allowed to review the report he putting in the motion.Hes been doing this job for over 15 years at the same court so he said there is a excellent chance of that happening.Anyone one else use this method to get out of ticket?.I think the highway law is 11B..something of violation of my rights for a speedy trial......
You are citing the askov's ruling, "Trial within a reasonable time" , my speeding violation was thrown out due to this ruling...

I think it has a time frame of 12 months now... compared to 8 months awhile ago...you have a good chance it will be thrown out...
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Old 03-27-2011, 10:22 AM   #10
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See my thread on where I went to court to watch. All cases that the lawyers actually fought were thrown out for either too long of a time, or no disclosure, right away, no questions asked, they barely even had to say anything, it was ridiculous.
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Old 03-27-2011, 10:44 AM   #11
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My ticket fighter is pretty confident it be dismissed...or greatly reduced..I dont care about the points Im worried more of the careless charge.Anyway in two weeks and I keep you up to date...since my record is pretty much spotless with the occasional 10 over years ago he said not to worry he seen worst that got dismissed completely....
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Old 03-27-2011, 12:31 PM   #12
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no disclosure is very good in your favour. the fact that your paralegal asked 5 times shows your intent to take this seriously. i presume all the requests are properly documented...most likely or this paralegal not worth their name.

take a look at the following website - your paralegal is doing the right things for you...as expected since you are paying them.

http://www.ticketcombat.com/step4/disclosure.php
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Old 04-11-2011, 11:38 AM   #13
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case thrown out... took too long and disclosure came in one day before court date..... paralegal did a great job.....
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Old 04-11-2011, 03:25 PM   #14
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awesome!
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Old 04-11-2011, 09:31 PM   #15
daytona
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Thanks for the support.... took 5 minutes tops... witness didn't show cop did... Paralegal knew it was a dimissal but if
the witness showed up it could have been dicey..
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Last edited by daytona; 04-11-2011 at 09:34 PM.
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