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My husband receive a misdemeanor ticket in the state of

Customer Question
Hello. My husband receive...

Hello. My husband receive a misdemeanor ticket in the state of Michigan for driving with an invalid license. We are planning on fighting this ticket in court (without a lawyer) because my husband did have a valid license, from Washington State. The research we've done so far informs us that we will need to write a discovery letter. Is there a particular way this letter needs to be addressed? Thank you.

Lawyer's Assistant: Because traffic laws vary from place to place, can you tell me what state this is in?

Michigan

Lawyer's Assistant: Do you need to appear in court?

Yes. We have a court case scheduled in February.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not for now.

Submitted: 1 month ago.Category: Traffic Law
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Answered in 2 minutes by:
1/15/2018
Traffic Lawyer: Nisha Jones,
 replied 1 month ago
Nisha Jones
Category: Traffic Law
Satisfied Customers: 2,218
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Traffic Lawyer: Nisha Jones,
 replied 1 month ago

I've reviewed your question and I'm happy to help. Give me a few minutes to finish typing up some information for you, thanks!

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Traffic Lawyer: Nisha Jones,
 replied 1 month ago

Your letter needs to be styled to include the following:

  • your husband's name
  • his case/ ticket number
  • the name and district of the court where the case is being heard
  • the name of the judge his case is in front of
  • the title -- Request for Discovery
  • a demand for all discovery pertaining to his case that's in the prosecutor's possession

You can draft this and file it with the clerk's office. You'll need to file 2 copies -- one for the prosecutor, and one for the court.

However it may not be necessary as the prosecutor should provide you with a copy of all discovery related to the case when your husband appears at the first court date.

The prosecutor is legally required to hand over copies of all evidence in the case, and this is customarily done at the first court date.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 1 month ago
Can you please let me know if we need to file a freedom of information request along with the request for discovery? We need the body camera footage and any audio recording from the traffic stop. We are not clear on whether these need to be filed separately or together? Thank you.
Traffic Lawyer: Nisha Jones,
 replied 1 month ago

No, those would not need to be filed separately.

You would not need a FOIA request either.

You can itemize them and list them individually in your discovery request:

(1.)

(2.)

(3.)

These should be provided to you once you appear in court for your first hearing as well. The prosecutor is under a legal obligation to turn them over to you as they come into the prosecutor's possession.

I hope that helps! Let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Traffic Lawyer: Nisha Jones,
 replied 1 month ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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