How Do You File Motions in Traffic Court

[cw12300]

My question involves traffic court in the State of: WA, Snohomish County

I plan on using the IRLJ 6.6 defense based on the fact that the 2 certificates filed into WA courts do not state that the SMD experts on the certificates were present or even supervised the calibration and testing of the SMDs. Also, the specific LIDAR unit that was used in my case was certified by someone with initals 'GWH' and there is no certificate for that name. Can I file pretrial motions?

My court date is April 1st. I would like to not have to go to court, but don't want to do a hearing by mail. I want to move to suppress the SMD because of failure to certify and then move for dismissal because of lack of evidence. How can I do this? Do I have to go to court or can this be done by mail? If I have to go to court, how do I present them.

Thanks so much

[blewis]

Yes, you must do this in court. I've never seen a judge grant such an ex parte motion. They always give the prosecutor a chance to rebut.

Barry

[cw12300]

Do I need to write the motions or can I just say them orally in court? How do I present them? The judge will call my name and then I say, I have some motions before the prosecution begins or...?

[blewis]

You wait until the prosecutor (or the judge) tries to introduce the certification to "authenticate" the SMD. Then you say, "Your Honor, I object in that the certification fails to comply with IRLJ 6.6 and Bellevue v Mociulski." Then explain your objection (this quote is a good one).

In fact, the authentication of the speed measuring device involves a compound determination. Before the machine is deemed reliable, the witness testing the machines or monitoring the testing must first show his/her qualifications to make and/or evaluate the tests. The witness must first qualify as an expert via knowledge, skill, experience, training, or education. ER 702. After the witness has qualified as an expert, he/she must show that the machines passed the requisite tests and checks. Only then can the speed measuring devices be deemed reliable.

If I were you, I'd write out my argument so I have it (and the quote) correctly worded, but you'll most likely have to present your objection orally.

Barry