No Written Statement from Officer

[Tarpon]

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

I requested discovery but did not receive anything beyond the citation again. Thoughts?

http://i1141.photobucket.com/albums/...discovery1.jpg
http://i1141.photobucket.com/albums/...discovery2.jpg
http://i1141.photobucket.com/albums/...discovery3.jpg

[blewis]

"Your Honor, I requested discovery and did not receive anything beyond these documents. If the officer submitted a 'sworn statement' in addition to these documents, I move that it be suppressed pursuant to IRLJ 3.1 (b). I further move for dismissal due to lack of evidence. Thank you, Your Honor."

Barry

[Speedy Gonzalez]

This one is a lesson in civics. The space for the statement is blank. Therefore, the state has no evidence for the judge to evaluate. This should be a lock-solid dismissal. However, definitely make the motions Barry stated in case the officer submitted one later, no matter how unlikely.

[blewis]

As you can see from this thread, for example, it's not "unlikely" at all, for the officer to submit a "sworn statement" on a separate piece of paper. To assert that "the state has no evidence for the judge to evaluate" is VERY dangerous. IF there is, indeed, a separate sworn statement, and it's in the case file, and the judge won't grant your motion for suppression, be sure to ask for a continuance in order to prepare a defense. Be sure you get a copy of the statement from the court.

Barry

[Tarpon]

Thank you both. I am not sure what is required for a statement or evidence (this one obviously doesn't offer much). I did like the fact that the materials are noted as page 1 and 2 of 2 so if there is more info it doesn't easily fit between what was sent to me. I do appreciate the idea of asking for a continuance if new info is presented. Being out of my element, it will be good to have time to analyze what's provided. You have taught me a few things over the last few months, and I appreciate it.

[Tarpon]

Barry's #4 post was right on. The statement was submitted electronically but never sent to me. Judge didn't seem to care and wasn't interested in supressing anything. He listened to everyone's stories but didn't reduce anyone's fine or show any flexibility during my time listening to all of the other cases. He heard my case early and then asked me to wait while he made some inquiries. I was patient and waited while he checked on procedure with the prosecutor. I probably scored some points by being respectful. Obviously, it is standard procedure for the statement to be sent, so that's what he was told. After announcing that "he knows I was speeding", he said he would dismiss my case. I was close to needing a continuance and likely saved by the fact by the time he got back to me he was already behind and well into his next session. So, thank you again for your advice. It worked (thought I was close to coming back for more).

[blewis]

I was close to coming back for more).

Ah! "Close" only counts in horseshoes, handgrenades, and nuclear bombs, as they say. But, congratulations -- good job. Feels good to walk out a "winner", doesn't it?

Thanks for letting us know.

Barry

[Speedy Gonzalez]

Hey, man, a win is a win, is a win, is a win!