Motion for Discovery

[gkisystems]

What is the name of your state? Wisconsin.

I got a speeding ticket on 10/31/2006. My initial appearance was 11/27/2006 where I plead not guilty and also filed a motion for discovery. I had two copies, I gave one copy of my motion to the court clerk while I had the clerk stamp the other one for my records. About a week or two after that, I sent a copy of the motion to the DA. Trial was scheduled for 3/27/2007 at my initial appearance. I made a request for a continuance to any date after 5/20/2007, but it was denied. Neither the DA nor the court have heard my motion for discovery. It was neither granted or denied. I have heard nothing. I find this strange because they decided on my continuance motion already, which I filed AFTER I filed the discovery motion.

1. What should I do?

2. Does it make sense to do nothing until the day of the trial and then make a motion in my opening statement for dismissal because the court refused to hear my motion for discovery? I would think the courts only options at that point are:

A. Grant my motion for dismissal.
B. Deny my motion for dismissal, and have a motion hearing for discovery. If discovery is granted, a continuance may need to be granted for the DA to get his stuff together and to send me the information I request...which I would object to considering they denied MY motion for continuance.

[BelizeBreeze]

What was the subject of the discovery motion?

[seniorjudge]

Originally Posted by gkisystems

What is the name of your state? Wisconsin.

I got a speeding ticket on 10/31/2006. My initial appearance was 11/27/2006 where I plead not guilty and also filed a motion for discovery. I had two copies, I gave one copy of my motion to the court clerk while I had the clerk stamp the other one for my records. About a week or two after that, I sent a copy of the motion to the DA. Trial was scheduled for 3/27/2007 at my initial appearance. I made a request for a continuance to any date after 5/20/2007, but it was denied. Neither the DA nor the court have heard my motion for discovery. It was neither granted or denied. I have heard nothing. I find this strange because they decided on my continuance motion already, which I filed AFTER I filed the discovery motion.

1. What should I do?

2. Does it make sense to do nothing until the day of the trial and then make a motion in my opening statement for dismissal because the court refused to hear my motion for discovery? I would think the courts only options at that point are:

A. Grant my motion for dismissal.
B. Deny my motion for dismissal, and have a motion hearing for discovery. If discovery is granted, a continuance may need to be granted for the DA to get his stuff together and to send me the information I request...which I would object to considering they denied MY motion for continuance.

What was the reason for that?

In any event, if you did not call up the motion for hearing, then the court could legitimately decide that you abandoned the motion.

[gkisystems]

Originally Posted by BelizeBreeze

What was the subject of the discovery motion?

I requested basic discovery information such as the officer's training/certification log, what type of device was used to estimate my speed, and the officer notes on the back of the ticket.

I need the discovery to help me prepare my defense. Discovery is allowed by Wisconsin state law, but they never sent me what I requested nor did they even respond to my motion.

[gkisystems]

Originally Posted by seniorjudge

What was the reason for that?

In any event, if you did not call up the motion for hearing, then the court could legitimately decide that you abandoned the motion.

I sent the DA a copy a week or two after because the clerk of courts told me I had to. I made the motion and I assume they either have to grant me discovery or the DA needs to object, in which case a hearing would take place.

[BelizeBreeze]

Originally Posted by gkisystems

I sent the DA a copy a week or two after because the clerk of courts told me I had to. I made the motion and I assume they either have to grant me discovery or the DA needs to object, in which case a hearing would take place.

I have just read your reply to another thread and I will promise you that if you do not remove the blatant advertisment from that post I will ask the administrator to have you banned.

if you don't think this can be done, ask the more than 15 people who do not have the right to post here any longer.

[gkisystems]

Originally Posted by BelizeBreeze

I have just read your reply to another thread and I will promise you that if you do not remove the blatant advertisment from that post I will ask the administrator to have you banned.

if you don't think this can be done, ask the more than 15 people who do not have the right to post here any longer.

It's not an advertisement. I have nothing to gain. It's an endorsement. It's a good program.

[BelizeBreeze]

Originally Posted by gkisystems

It's not an advertisement. I have nothing to gain. It's an endorsement. It's a good program.

your choice.