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from another forum regarding APA
A motion for Brady evidence should be filed because a defendant has the right to all exculpatory evidence whether or not the prosecutor believes it is exculpatory. In a Brady motion, one should ask for the evidence in the prosecutor's hands that the auto is a MV, the traveller is a "person," and that there is an agency final determination and request for judicial oversight in the file.
If this court proceeds in violation of those rules (issue of procedure) AND
without SMJ (issue of law), over your proper and timely objection you have
been denied "due process", both state and federal.
You then have several appeal-able issue of procedure and law, lack of
administrative due process and agency has not had a chance to exercise its original jurisdiction and make a determination of SMJ.
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