My question involves a speeding ticket from the State of: Washington
NEED ADVICE. PLEASE HELP!
I received a speeding ticket a few weeks ago (on 9/17/10). The ticket reflects going 70+ in a 60 zone, and is linked to the KCDC Renton Courthouse. I contested the ticket and received a hearing date for 11/8/10. In order to request discovery, I called the courthouse to obtain a fax number. They gave me the phone number for the Courthouse’s fax and I sent over my request for discovery on 10/15/10. I called the following week to confirm receipt, and they stated that its technically supposed to go to the Prosecuter directly, but they forwarded my request to the appropriate department and my request was processed on 10/19/10. My request for discovery was a typed document, and clearly outlined my home address (which differs from my outdated, driver’s license address). The Prosecuter office sent out my discovery to the WRONG address, and when the mail returned to their office, they sent it to my appropriate address. I received the Discovery in the mail on 11/4/10, which is THREE days prior to my court hearing!
My Discovery request asked for the following items: 1) List of witnesses, 2) Copy of citing officer’s sworn statement, 3) calibration and certification log for SMD used on date of ticket.
The Documents I received included 1) Copy of infraction 2)officer’s sworn statement (ABSOLUTELY BLANK) and 3)Washington State Patrol Case report
I’m not too sure how to analyze my case. I’m going in with the intention of contesting my case, but if I don’t have a strong case, it may make more sense for me to request a Deferral. I’m a CA driver (in WA for work purposes) and have never received a speeding ticket before…
Based on the research I’ve done, I checked out the date filed as a potential option – but unfortunately the officer filed the ticket within 4 days of the citation. There are a few things that seem to be in my favor: 1) I did not receive discovery prior to 7 days of my court date (even though I filed it over 2 weeks prior to my hearing). 2) The Officer Report is BLANK . 3) The Violation Statute listed on the infraction is “4661400”…I’ve read a few threads that mention arguing that this is not a valid code (leading to issues in my ability to form a counter argument?)
The discovery documents do NOT include a copy of the SMD report to verify the upkeeping of the laser/radar; however, it states that “Speed measuring and/or weight scale certificates are available for inspection in the Courtroom.”
What should I do now?? Should I 1) Ask to postpone the court date due to insufficient time/data to formulate my case? 2)Request Deferral? Or 3) FIGHT it! do I have sufficient info here?
I kind of have no idea what I’m doing…but at this point I just need a little advice on what my best option is. If anyone is familiar with ways to defend a speeding ticket, pleaseeee provide any insight you can. Its GREATLY GREATLY appreciated!!
I’ve uploaded pictures of the discovery documents I received…
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