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View Full Version : How to write a motion of discovery for citation?


Vic3lyfe
Feb 2, 2012, 01:36 AM
I'm seeking a format for filing a motion of discovery in the City of St. Louis for a citation of Rubbish Haul No Cover?

ScottGem
Feb 2, 2012, 04:30 AM
You received a CITATION for Rubbish Haul? I wouldn't think there is any motion for discovery here. The officer who issued the citation can be called to testify if you challenge the citation. There is usually no evidence but the officer's observation.

AK lawyer
Feb 2, 2012, 06:11 AM
You request the specific information in writing. If it is not provided then you think about filing a motion to compel production. This is usually in a civil case and, as ScottGem says, may not be applicable with respect to a citation.

Vic3lyfe
Feb 3, 2012, 07:21 AM
Is there grounds for dismissal or expungement from a citation that wasn't issued to me by the officer? I looked on line and observed I had court dates for some citations of hauling rubbish with no cover nor sticker. I'm taking it to trial because I wasn't aware nor issued these citations. I believe this officer is citing this from a camera, can I be cited from a camera for this type of violation? Furthermore, this is not a commercial truck, a half ton pick up truck.
WHAT ARE MY RIGHTS IF ANY, WHAT DO I DO?

JudyKayTee
Feb 3, 2012, 07:26 AM
Please don't type in caps. It's the same as shouting at me - not necessary (and you probably didn't know this. It's Internet etiquette).

In my area of the Country (NY), yes, you can be cited for on camera violations - usually blowing through a stop sign or traffic signal. You get the Citation in the mail. If you don't appear in Court you get a second notice, followed by a warrant for your arrest.

Without knowing where you are, what the Laws are, whether "rubbish" has to be covered when in a half ton truck, I don't know. If you were ticketed I assume you broke the Law, but "bad" tickets happen.

The "on camera" violation is argued in my City on a very regular basis. The usual argument is that the plate is photographed but not the driver. However, the violation attaches to the vehicle - unfair, agreed, but that's how it's being done. Civil Rights Attorneys are hot on the issue but so far - nothing.

Where?

JudyKayTee
Feb 3, 2012, 07:28 AM
I've asked that the threads be combined. Found out after answering that there are, in fact, two threads.

It's an "on camera" violation.

ScottGem
Feb 3, 2012, 09:13 AM
If St. Louis allows the issuance of citations based on photographic observation, then you should have received a copy of the photographs that were used. If you didn't you can request them from the agency that issued the citation. A simply letter or phone call should suffice.