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Will no response from DA office on my motion for discovery help dismiss my citation

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pchao2

Junior Member
Texas:
I got a speeding ticket at 1 mph above what Texas consider no Driver Safety Course dismissal option. However, my car speedometer and GPS speedometer both showed me speeding 3 mph below what the cop claims. I submitted a written discovery for documents on the proper maintainence and calibration of the radar gun as directed by the court clerk over 3 weeks ago with no response letter from the DA office; I was told I will either get a written response or a phone call response from the DA office:
1) Will no response from DA office on my motion for discovery help dismiss my case during Pre-Trial coming up or should I inquire about the status of my discovery request one week before my pre-trial date by going to the DA office?
2) What if the DA response gets lost in the mail or my phone voicemail did not record properly, then do I forfeit my right to finish the discovery just because the DA office was unable to successfully get in touch with me?
Thanks for your advice!
 


Zigner

Senior Member, Non-Attorney
Texas:
I got a speeding ticket at 1 mph above what Texas consider no Driver Safety Course dismissal option. However, my car speedometer and GPS speedometer both showed me speeding 3 mph below what the cop claims. I submitted a written discovery for documents on the proper maintainence and calibration of the radar gun as directed by the court clerk over 3 weeks ago with no response letter from the DA office; I was told I will either get a written response or a phone call response from the DA office:
1) Will no response from DA office on my motion for discovery help dismiss my case during Pre-Trial coming up or should I inquire about the status of my discovery request one week before my pre-trial date by going to the DA office?
2) What if the DA response gets lost in the mail or my phone voicemail did not record properly, then do I forfeit my right to finish the discovery just because the DA office was unable to successfully get in touch with me?
Thanks for your advice!

How do you intend to prove that those two items are accurate and that they showed a a certain rate of speed? In other words what evidence do you actually have and do you know how to enter it as evidence?
 

pchao2

Junior Member
Need Assistance Please

How do you intend to prove that those two items are accurate and that they showed a a certain rate of speed? In other words what evidence do you actually have and do you know how to enter it as evidence?

In regards to my car speedometer and GPS speedometer, I noted on the discovery letter request that these are the to things that prompted me to discover if the radar gun was off slightly in accuracy.

In regards to '1) Will no response from DA office on my motion for discovery help dismiss my case during Pre-Trial coming up or should I inquire about the status of my discovery request one week before my pre-trial date by going to the DA office,'
will submitting a follow-up letter, one week before pre-trial date, stating that I have not heard from the DA office in the mail or by phone, to the same court clerk office that I submitted the discovery letter, be sufficient enough to show I did my best to go through the discovery process as a defendant and the plantiff, DA office, did not do there part in a timely manner?

In regards to '2) What if the DA response gets lost in the mail or my phone voicemail did not record properly, then do I forfeit my right to finish the discovery just because the DA office was unable to successfully get in touch with me,'
should I do the same as in regards to 1), and then state during my pre-trial, a week after my follow-up letter submission, to the judge that I cannot properly defend myself because the DA office was unable to successfully grant me my discovery?

How does one enter evidence?

Thanks for the advice
 

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