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With regard to requested discovery, if it is not forthcoming from the opposing side--be it prosecution or defense--then a Motion to Compel the discovery is the proper procedure. A Motion to Dismiss would not be proper for a lack of producing the discovery alone.
Well my attorney which I have not gotten good communication with thus far said his rep sent a letter to the cheif magistrate... I ask her when would they know something and she gave me a "fuzzy" answer... it just drives me crazy that I can't find something out... She did however make the comment " I can call and have them to move the motion up" at the very minute that I was told that I was not thinking... well as I thought I ask myself " what did she mean by " MOVE THE MOTION UP" in other words what is the procedure when an attorney sends a letter to a magistrate judge requesting a dismissal.. now I do know that if the judge wants to deny the motion he can, or he can go with what the attorney wants. When I went with this atty he told me that if the cop didnt respond within 30 days that he could ask for a dismissal... Perhaps on your experience have you ever heard of that? I understand your reply but now that i have said more depth does that help? I'm just trying to get peace of mind because if im convicted of this ill have to wait an additional year to get my license back.. I can get them back in June but if DMV gets this ( if im convicted ) they will add a year... Perhaps do you have any suggestions to asking for a lesser charge than a DUS? if so what could I suggest?
I will do that and thank you for the positive feedback... I will give you the utmost positive rating as you are very informational.. ONe thing though... hypothetically... worst case.... on a DUS what can a DUS be dropped to so that it's not a DUS... like I had a friend that had a DWI and she didn't blow so therefore she was like guilty but at the same time they couldnt say what she blew so her atty got her dropped from dwi to public intox... im thinking surely that my DUS could be dropped to something other than that so I dont have such a longer license suspension time... ya know? just asking what you mightr think... anything will help and thank you...!!!
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