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Yes, you can file a discovery motion with the court. The DA will then give you a copy of the ticket showing the back side of the cop's copy which is different than the defendant's copy. The cop's copy will show the contemperaneous notes that he or she took at the time the summons was issued. If you really want that copy, and it is smart to get that, fine, go to the police station a couple of days after you get the copy and ask for that and the cop at the desk should get it for you. If you think you can "get off" because the DA may miss the response date of your motion you may be disappointed. Attorney's are far, far less likely to miss something like that than the cops missing a court date. That's what attoneys do; handle motions and pleadings. Also, if your going to file motions you better have an attorney do it. The format for moving paper is very strict. If your font size is incorrect or your spacing is wrong your motion may be tossed. What's more, traffic courts have streamlined rules and procedures that make it difficult to play those sorts of games. I'm talking about the game of filing motions to hope for the other side to make a procedural error werios enough for the judge to dismiss. More than likely the judge will read your motion at your preliminary hearing, tell the DA to give you a copy right then and there, and set a court date down the road. Everyone will also make a note that you are "difficult" and then they will stick it to you just to show you they can. One other thing, don't forget that even if the cop doesn't show up the judge isn't REQUIRED to dismiss. Just as easily the DA could ask for a postponement and the judge could agree to it and then you could take some MORE time off work.
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09:52:54 08/02/00
