advices on fighting a speeding ticket (with no disclosure received so far)

[MR-Kyo]

Hi all, I have a court day coming this Oct 16 for a speeding ticket(25 km/h over) that was issued to me on Oct 31 last year. I have been trying to request my disclosure since April. So far, I have faxed my request 3 times for disclosure, but I still haven't received anything yet.

My plan right now is go there on the court day to request an adjourment assuming that there is no disclosure received. And then I will file for 11b stay of proceeding since it's been more than 1 year between the day i received my ticket and the actual trial date.
My question is can I request the charge to be dropped just because there is no disclosure received?


thanks.

 

[MarcosSantiago]

Yes, your main goal is to resolve the ticket on October 16 - without the need to ask for an adjourment.

Adjourment means that you still have to come back (wasting more of your time), and also you will have to file all the 11b paperwork (even more time and money). I think you did a fair effort to get disclosure and the prosecutor's office (or the cop) dropped the ball.

Talk to the prosecutor and explain that you didn't get disclosure after 3 written requests. He should drop the charge.

 

[hedo2002]

Hopefully you kept the "confirmation" slips from the fax, If so take them with you to the court house when you speak to the prosecutor, (more likely to drop the charge with proof you asked for disclosure).

 

[Riceburner]

+1 try to get it dismissed for no disclosure contributing to 11b .....and then take the adjournment due to no disclosure as a last resort