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Is there a statute of limitations in a motion for discovery? Been months since filled and still nothing...

Seattle, WA |

Filed a motion for discovery in a DUI case (arrest date August 12, first court appearance & submittable of motion August 17, pre-trail hearing September 17) - Seattle Municipal Court.... have not received any of the video evidence for my defense. Is there a statue of limitations in which one should receive the information? Due Process? Something?

Attorney Answers 3

Posted

There are court rules and associated case law that deal with discovery rules. The problem is that any attorney license in Washington is prohibited from assisting a non attorney in the practice of law. You should either hire an attorney or get a public defender. You should not try and defend a DUI case alone. These are complicated cases. If you are having trouble determining very simple discovery rules you're going to have a lot of difficulty when it comes to the rules of evidence and criminal procedure. It takes years and hundreds, if not thousands , of cases before one begins to really understand all the nuances of these cases.

Scott. Lawrence
Law Office of Scott Lawrence

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Posted

Hire an attorney on this one - especially since it's only 3 days until your pre-trial conference. Don't try to outsmart the prosecutors on technical rules - you will probably lose. Look up the cases on prosecutorial misconduct and you will see the wide deference given to prosecutors for violating technical rules (that is, even assuming this is a violation).

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Posted

There are rules, but not a "statute of limitations," as such.

You want a lawyer for this, now.

If you don't have one, make sure the judge knows that you haven't received this.

The field sobriety "tests" are designed so that sober people will fail them, even if they are properly done. Often, they are not properly done. Only someone with expertise in this area can recognize problems with how the tests were done. http://addbalance.com/fieldsobrietytests.htm
The video would help in doing this, but only if you have experience doing it.

What to do if you are stopped when you have been drinking?
http://addbalance.com/duistop.htm

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