Possibly. I'm no attorney and the whole thing is a bit inundating. I could feel them trying to wash over things I was asking for, judge included, and I'd have to stop them and repeat exactly what was missing several times.shoulda moved for dismissal. wouldnt have hurt at all
Yeah, I wondered about that as well. The car is the ONLY Hemi Orange Challenger in the local area...or any Challenger for that matter.your asking for trouble, them cops are gonna break your balls ever chance they get
dirty ******sI lived in your area for one year back in 1985. Got 2 speeding tickets & 1 parking ticket. Both speeding tickets were for running 5 mph on speed limit at 3am in the morning on my way to work. If I remember correctly I was doing 35 in a 30 zone. I never paid the parking ticket. I moved to another town Figured I would lose my licenses if I lived there any longer.
the crappy part is that if you asked for a continuance because you need to get more evidence for yourself (not something you asked for from the cop with a subpena), the judge would have denied it. its not a fair system. the rules of discovery are on your side so there shouldnt have been a need for gentle prodding. You requested discovery and you should have received it and then ask for a dismissal if the cop did not have a good reason for bringing it. normally, the cop would ask for the continuance- not you. the continuance in this instance goes in his favorPossibly. I'm no attorney and the whole thing is a bit inundating. I could feel them trying to wash over things I was asking for, judge included, and I'd have to stop them and repeat exactly what was missing several times.
It took some "gentle prodding" to bring the judge around, and once that tide turned it was funny how things started to roll my way pretty good. Something I'll remember for the trial for sure.
What if the prosecution doesn't give me the information I requested?
If your state mandates that certain items be given you, and they aren't, or the court orders that certain items be given you, and they aren't, you can ask for a Motion to Dismiss for failure to provide Discovery and it's likely the motion will be granted. However, if no such mandates exist and the court has not ordered that certain items be given you, there is little likelihood that a dismissal will be granted. Although, a continuance might be granted to give you more time to seek the information through other channels.
A continuance (a rescheduling of a court hearing at a later date) of a civil action may be granted due to the absence of documents or papers. The party failing to produce the documents requested by a subpoena duces tecum must show good reason why there was a failure to do so. Acceptable explanations have included loss or destruction of papers, or an agreement to use copies. The party seeking the continuance must show that the absence of the documents is not because of the negligence of their own, or of the attorney of record.
Similarly, a continuance may be granted in a criminal case if there is good reason documents pertinent to the case could not be produced at the time of trial. For example, a continuance should be granted for failure to produce a transcript of testimony given at a previous trial. In general, it is reversible error to proceed with a criminal trial in the absence of a previous trial transcript, when such contains pertinent information that should have been considered in the new trial. In these cases, a continuance is the usual remedy. The trial judge or magistrate is the one who issues the continuance.
Somehow, this all reminds me of Vanishing Point:
And there goes the Challenger, being chased by the blue, blue meanies on wheels. The vicious traffic squad cars are after our lone driver, the last American hero, the electric centaur, the, the demi-god, the super driver of the golden west! Two nasty Nazi cars are close behind the beautiful lone driver. The police numbers are gettin' closer, closer, closer to our soul hero, in his soul mobile, yeah baby! They about to strike. They gonna get him. Smash him. Rape... the last beautiful free soul on this planet.