Improper Passing or Careless Driving?

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Re: Improper Passing or Careless Driving?

by: hwybear on
Wed Jul 06, 2011 10:14 am

I find it weird/unusual about disclosure as usually a summons is different from a ticket, in that the complete brief (disclosure) was available on your first October court date.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer.
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Simon Borys
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by: Simon Borys on
Wed Jul 06, 2011 2:52 pm

It's not just filling out the form though for a paralegal or lawyer. An unrepresented person may be able to get away with that but the paralegal will have to write a factum outlining the law on the issue, the facts of your case, and the application on the law to the facts. In addition they have to prepare affadavits for you and themselves, plus a book of authorities for all the cases they want to reference. Then they have to print multiple copies, bind them, make a trip to the courthouse, and serve a copy on them. The fact that yours is simple is probably why it would take ONLY a day.

Also, it's more complicated than just the amount of time since the charge. Some of that time can be counted as intake or neutral time, which means it doesn't count in the calculation.

Finally, you might wonder why paralegals have to go through all this trouble if unrepresented people don't. The answer is because they know how to and it is the rules of practice. Those rules are sometimes relaxed for unrepresented individuals to ensure justice, but the fact remains that without a factum and oral argument, most challenges by unrepresented peopke are unsuccessful. Reason being that you cant rely on the judge to know the law and how it applies to your particular case, you have to present it to them in a clear and convincing manner.
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