Motion for Discovery filed, City NEVER responded!

[Luke2299]

What is the name of your state?: CO

Hi all,

Hoping for some guidance here. I have a speeding ticket case in which I filed a motion for discovery request for additional items. According to the City Attorney's office, once I filed that motion, the court was supposed to schedule a hearing date at which time my request and the City Attorney's position would be heard and then ruled upon.

Well, my trial is scheduled for Monday, but I NEVER RECEIVED any type of notice from the court! I of course sent these motions for discovery via registered mail with a return receipt, so I do indeed have evidence proving the letters were received (I sent copies to the court clerk, city attorneys office, and the police dept).

My trial defense is definitely built upon some of the things I asked for but never heard back on, so my question is - DO I HAVE THE RIGHT TO ASK FOR THE CASE TO BE DISMISSED BECAUSE OF SOME SORT OF PROCEDURAL ERROR ON THE CITY ATTORNEY'S PART?

Thanks, looking forward to some help....

 

[jkurgan]

I also have a very similar situation where I have not heard back about my discovery request. If someone could help out here, it would be a 2 for 1 scenario.

The state I was ticketed in was NJ.

 

[alpacasoup]

Are you sure there was anything to be discovered? I called the police dept today about obtaining an incident report or any other documentation regarding my traffic ticket, and was told that there IS no other documentation, just the ticket itself.

 

[Hey There]

3-19-08
Luke2299
The state I drive in has specific rules on when Discovery is to be provided and sanctions if it isn't. Drivers cited for traffic infractions have the same right to Discovery as a driver cited for a more serious violation although the right to a trial by jury was removed.
Unfortunately in Colorado according to the websites I've checked
Discovery for traffic ticket infractions isn't provided until at the time of trial and only those items the officer plans to use as evidence.
(Re: CO. Discovery Rules for traffic infractions search on Google and clicking on websites on first page.)

Best Regards,
Hey There