How can I get items denied to me in a discovery request? If I'm not able to obtain them, can case be dismissed?

Asked over 1 year ago - Plano, TX

Cited for speeding in school zone March 6, 2013. At pre-trial on Apr. 23, filed motion for discovery requesting 6 items. The 3 items most pertinent to my defense were denied to me. How can I still get them? Jury trial is on June 5. If not able to obtain them, can I have case dismissed on grounds that my 5th amendment right to due process has been violated? Items denied me are: 1) PO's notes and comments 2) Total tally of PO's citations for March and 3) Total tally of Police Department's Citations for speed for March. PO's radar gun seems to have last been calibrated June 2012. Only annual calibration required I believe. Will possibly attempt jury null argument based on Police Depts. lucrative, revenue-generating tactics. Any other possible defense strategies advice welcome.

Attorney answers (1)

  1. Frances Jean Moss Sullivan

    Contributor Level 11


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . If you were denied discovery in pretrial, your case will not be dismissed. It is up to the judge to determine the discovery requests and you can ask again before your trial, but you may get the same answer.

    The information provided does not constitute legal advice and is presented without any representation or warranty... more
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