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  1. #1
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    Feb 2011
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    Default Speeding Ticket in Snohomish County, Washington

    My question involves a speeding ticket from the State of: Washington

    I was hoping to get some advise regarding my speeding ticket I got last month. I was cited on I-5 in Marysville, WA. I've already have my contesting hearing setup for April. I will be filing my request for discovery here soon. My question involves venue:

    I was stopped on I-5 by WA state patrol, but that stretch of I-5 is within Marysville city limits. The ticket was filled in Snohomish county district court. I was wondering if I have any standing to get it dismissed as incorrect venue, as I was in the city limits at the time. I'm not holding my breath, but I as curious.

    Thanks in advance.

  2. #2
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    Feb 2010
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    Default Re: Speeding Ticket in Snohomish County, Washington

    Marysville is in Snohomish County.... thus the infraction can be filed in the District Court for Snohomish County.

    Have you looked into discovery procedures?

  3. #3
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    Feb 2011
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    Default Re: Speeding Ticket in Snohomish County, Washington

    Yeah, I figured that would be the case. Thanks for the reply though. I've been doing research around this forum and found a sample discovery request for Washington state. Modified it for my use, will probably try to either mail or deliver it later this week. Anything I should put on it besides the list of witnesses they plan to call, copy of citing officers statement, and calibration and certification log for the SMD?

  4. #4
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    Default Re: Speeding Ticket in Snohomish County, Washington

    That should be enough.

  5. #5
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    CT & IL
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    Default Re: Speeding Ticket in Snohomish County, Washington

    Quote Quoting mike9721
    View Post
    Yeah, I figured that would be the case. Thanks for the reply though. I've been doing research around this forum and found a sample discovery request for Washington state. Modified it for my use, will probably try to either mail or deliver it later this week. Anything I should put on it besides the list of witnesses they plan to call, copy of citing officers statement, and calibration and certification log for the SMD?
    What are you willing to do, legally of course, to win? The full monty that takes up alot of time & effort; or just a decent job?

  6. #6
    Join Date
    Feb 2011
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    Default Re: Speeding Ticket in Snohomish County, Washington

    So I served the discovery request on the prosecutes office and then filed a copy with the court on Friday 2/25. Have yet to receive anything back. My question is how long does it typically take for them to get the discovery request turned around?

  7. #7
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    Feb 2011
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    Default Re: Speeding Ticket in Snohomish County, Washington

    I received the discovery materials from the prosecutors office today. It had a letter from a deputy prosecutor, a copy of the original notice of infraction and then the officers sword statement. Here is the officers sword statement:



    It looks pretty iron clad to me, the serial # off the radar and the serial numbers off the tuning forks check out according to this: http://www.co.kittitas.wa.us/courts/...r-20101123.pdf. Looks like the calibration date was about 9 months prior to the stop. How long is the calibration good for?

    I was wondering if you guys can see anything that I might have missed. This is my first ticket ever, if I can't find anything, I may be requesting a deferral.

    Thanks in advance.

  8. #8
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    Feb 2010
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    Default Re: Speeding Ticket in Snohomish County, Washington

    You definitely have the Mociulski argument due to it being a WSP violation. But you also have an argument about the testing: officer never states when the testing of the radar was completed. It is generally accepted that the officer must test the unit before and after (within a reasonable amount of time) the citation. In summary: There's no date of when he tested it, so it could have been a year ago when he tested the device.

  9. #9
    Join Date
    Dec 2004
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    Seattle
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    3,577

    Default Re: Speeding Ticket in Snohomish County, Washington

    Hmmmm. I would think that "I tested the unit at the beginning and end of my shift" would suffice, expecially when combined with the previous sentence ("on the date and time listed on the NOI"). Here is a link to a thread about the Mociulski case.

    Barry

  10. #10
    Join Date
    Feb 2011
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    11

    Default Re: Speeding Ticket in Snohomish County, Washington

    Thanks for the replies! Yeah it looks like the troopers statement that he tested it before and after his shift looks pretty solid. I hadn't head of the Mociulski argument before, I've done some reading up on it now. How sure of a thing is that argument? Is it a sure thing if presented correctly, or does it depend a lot on the particular judge? If it works, that looks like a pretty big loophole. Besides that, I'm not sure I have much else in the way of a defense. Can I still request a deferral if the judge denies a motion to suppress based on the Mociulski argument, or am I stuck once I start making motions?

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