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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33774
Experience:  Began practicing law in 1992
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I'm contesting a speeding ticket (in Ohio). My demand for

Customer Question

I'm contesting a speeding ticket (in Ohio). My demand for discovery has been ignored by the prosecution. May I ask the judge to dismiss the case base on this?
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has anything been filed or reported?
Customer: What do you mean? I got a ticket a while ago and I'm contesting it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: It's a speeding ticket 82MPh on 65MPh zone.
Submitted: 8 months ago.
Category: Legal
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 8 months ago.

Have you had a hearing on the motion for discovery?

Customer: replied 8 months ago.
no
Expert:  Dwayne B. replied 8 months ago.

Unless there is a standing order, which would be very unusual for a court that handles traffic tickets, a motion for discovery requires a hearing and a ruling from the judge unless the other side agrees to it. Thus, filing a Motion to Dismiss won't do any good. You have to ask that the Motion for Discovery be set for a hearing and then have an order prepared for the judge to sign. The order needs to have the judge's ruling as well as a date by which the prosecution must provide the materials.