June 18 Careless Driving Trial - Still no Disclosure Received

Unread post by: **newtothis123** on

June 18 Careless Driving Trial - Still no Disclosure Received

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Unread post by: newtothis123 on
Mon May 27, 2019 4:51 pm

Hey all - On December 31st I was entering a highway lost control and ended up skidding into the on-ramp. There were no witnesses, no one else was involved and the only damage was to my vehicle. The officer that arrived charged me with careless driving.

I requested disclosure on January 16th and have followed up multiple times but have still not received it. I am told they have requested it on three separate occasions but there is nothing else they can do.

I opted to go to the early resolution meeting, but because neither of us had the disclosure documents he said we had to book a trial date. The trial is set for June 18th and it doesn't seem like I'll be getting the disclosure anytime soon so I have a few questions for anyone that knows or has been in similar situation.

First, I've read that I could effectively win the case on a technicality if by the date of the trial I have not received disclosure, is this true?

Also, I was planning on hiring a paralegal to go to trial for me, I do not want to pay hundreds of dollars now if there is a good chance I can win on a technicality without one, so does anyone have advice on what I should do here?

Thanks!

Unread post by: **bend** on

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Unread post by: bend on
Wed Jun 05, 2019 5:24 am

newtothis123 wrote: ↑
Mon May 27, 2019 4:51 pm
First, I've read that I could effectively win the case on a technicality if by the date of the trial I have not received disclosure, is this true?

No, because more than likely, you'll receive your disclosure package the day of your trial. They'll probably give you a new date and you'll have to go through the hassle of showing up again. You can always proceed. They might even ask you to. However, they'd almost certainly give you a new date if that's what you want.

It's only been a couple months and it's your first trial date. Your case is still relatively fresh. Unless they decide to drop the whole thing, you'll probably be showing up again.

June 18 Careless Driving Trial - Still no Disclosure Received

June 18 Careless Driving Trial - Still no Disclosure Received

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