Speeding = Criminal Law but not allow Summary Judgement

[pchao2]

I reside in Texas.
I am seeking a dispositive motion on my speeding ticket where I elected a "motion for summary judgment" by writing, because the DA office still have not responded to my motion of discovery even after the judge rescheduled my pre-trial date to allow the DA office enough time to respond. Now the judge said that "motion for summary judgment" can only be used in civil law and not in criminal law. If the judge's statement is not true, what can I use to defend myself, or if it is true, what is the equivalent in criminal law? (The judge would not tell me.)

Thanks in advance for your response.

 

[HighwayMan]

Since you don't seem to know what you are doing I would recommend hiring an attorney.

 

[Taxing Matters]

I reside in Texas.
I am seeking a dispositive motion on my speeding ticket where I elected a "motion for summary judgment" by writing, because the DA office still have not responded to my motion of discovery even after the judge rescheduled my pre-trial date to allow the DA office enough time to respond. Now the judge said that "motion for summary judgment" can only be used in civil law and not in criminal law. If the judge's statement is not true, what can I use to defend myself, or if it is true, what is the equivalent in criminal law? (The judge would not tell me.)

Thanks in advance for your response.

Summary judgment applies only to civil, not criminal, proceedings. A Texas Court of Appeals alludes to that in a footnote to one of its cases: “There is no summary judgment in the record, which would be inappropriate given that this is a criminal, not a civil, matter.” King v. State, No. 01-08-00457-CR, 2009 WL 1025733, at *1, Note 2 (Tex. App. Apr. 16, 2009). Even if summary judgment were available it would not be the appropriate form of relief for your situation. Summary judgment is a decision on the merits of the case; it is not granted as a sanction for failure to provide discovery timely. What you need to look for is a rule that allows you to seek dismissal with prejudice for the failure to give discovery timely.

 

[quincy]

Taxing Matters, the administrator of this site has been trying to reach you.

If you have not received several emails from FreeAdvice over the last couple of weeks, you might want to check your email spam folder. I understand that sometimes FA emails are sent to those folders by mistake.

Thanks.

 

[pchao2]

Since you don't seem to know what you are doing I would recommend hiring an attorney.

Living paycheck by paycheck. Speeding tix is about $200 and defense attorney is about $250 with no guarantee of success after asking multiple lawyers; hence, trying to defend myself.

 

[pchao2]

Summary judgment applies only to civil, not criminal, proceedings. A Texas Court of Appeals alludes to that in a footnote to one of its cases: “There is no summary judgment in the record, which would be inappropriate given that this is a criminal, not a civil, matter.” King v. State, No. 01-08-00457-CR, 2009 WL 1025733, at *1, Note 2 (Tex. App. Apr. 16, 2009). Even if summary judgment were available it would not be the appropriate form of relief for your situation. Summary judgment is a decision on the merits of the case; it is not granted as a sanction for failure to provide discovery timely. What you need to look for is a rule that allows you to seek dismissal with prejudice for the failure to give discovery timely.

Thank you for your advice!

 

[pchao2]

Taxing Matters, the administrator of this site has been trying to reach you.

If you have not received several emails from FreeAdvice over the last couple of weeks, you might want to check your email spam folder. I understand that sometimes FA emails are sent to those folders by mistake.

Thanks.

This is the email I received from FreeAdvice July 11:
"Dear pchao2,
Thanks for registering at FreeAdvice Legal Forum! We are glad you have chosen to be a part of our community and we hope you enjoy your stay.
All the best,
FreeAdvice Legal Forum"

Can you elaborate on the "taxing matters?"

 

[quincy]

This is the email I received from FreeAdvice July 11:
"Dear pchao2,
Thanks for registering at FreeAdvice Legal Forum! We are glad you have chosen to be a part of our community and we hope you enjoy your stay.
All the best,
FreeAdvice Legal Forum"

Can you elaborate on the "taxing matters?"

Oh, I'm sorry, pchao2. I used your thread to try to get a message to the member named "Taxing Matters" who responded to your question. S/he does not have private messages set up so I hoped s/he'd see the message here.

That was a nice friendly "welcome" message YOU got from FreeAdvice, though.

By the way, I think the motion you might be looking for is a "motion to compel."

 

[Taxing Matters]

Taxing Matters, the administrator of this site has been trying to reach you.

If you have not received several emails from FreeAdvice over the last couple of weeks, you might want to check your email spam folder. I understand that sometimes FA emails are sent to those folders by mistake.

Thanks.

I did respond earlier before posting in this thread, but you may not have seen it yet when you posted this. Things do sometimes get crossed in the mail, even in the electronic age

S/he does not have private messages set up so I hoped s/he'd see the message here.

Ah, I didn’t realize I needed to do something special to enable that feature. Other sites I've used have that feature turned on by default. I’ll look into that. Thanks.

 

[quincy]

I did respond earlier before posting in this thread, but you may not have seen it yet when you posted this. Things do sometimes get crossed in the mail, even in the electronic age



Ah, I didn’t realize I needed to do something special to enable that feature. Other sites I've used have that feature turned on by default. I’ll look into that. Thanks.

Thanks, TM.

And again to pchao2, you might want to look into a motion to compel.