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  1. #1
    Join Date
    Nov 2009
    Posts
    18

    Default Speeding Ticket With No Police Report

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

    I got hit for a speeding ticket last month by a Washington State trooper on I-5 in Pierce County (FYI, I had a ticket last year, and largely because of the advice on this forum, was able to beat it in court via dismissal).

    After getting the ticket, I went in to PC District Court and requested discovery. A couple of weeks went by, and I finally got a response via mail from the court. All I received was got was a copy of my infraction, along with my past driving record. There was no police narrative or incident report, and no information on the SMD that the trooper used to allegedly clock me.

    The infraction itself also does not include the subsection of the RCW for speeding that I was able to use the last time around to win a dismissal (that was in King County, however).

    My question is, what court rule do I use to fight the speeding infraction (Please cite the specific IRLJ, if possible)? Do I ask for a dismissal based on lack of discovery, or lack of evidence? (What's the case law that says a defendant has the right to see proof that the SMD was calibrated and operating correctly?)

    Thanks.

  2. #2
    Join Date
    Feb 2010
    Posts
    1,296

    Default Re: Speeding Ticket With No Police Report

    "Your honor, because there is no officer's report, I move to suppress (the speed reading) and dismiss due to lack of a foundation."

    Should do the trick.
    "A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost

  3. #3
    Join Date
    Nov 2009
    Posts
    18

    Default Re: Speeding Ticket With No Police Report

    Thanks.

    Just one concern: When I requested discovery, I made the request to the district court, which in turn (according to the docket entry) forwarded my request to the prosecutor's office. I didn't actually serve the prosecutor myself (as the IRLJ states that is necessary). Regardless, there appears to be no sworn statement/affidavit from the officer.

    Is this a problem?

  4. #4
    Join Date
    Feb 2010
    Posts
    1,296

    Default Re: Speeding Ticket With No Police Report

    Were the materials signed by the prosecutor?
    "A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost

  5. #5
    Join Date
    Nov 2009
    Posts
    18

    Default Re: Speeding Ticket With No Police Report

    No. What I got from the court in response to my discovery request was a copy of the speeding infraction with no additional sworn statement from the officer. other than the docket entries, that's it.

    (As you're in FLA, I don't expect you to know WA law governing infractions. But the court rules here state you need to "serve the prosecutor" with your discovery request. Technically, I didn't do that -- I made the request to the district court, which apparently forwarded it to the prosecutor).

    Regardless, after reviewing the court rules for infractions again, I'm pretty sure I've got this case beat on something else: The docket entry indicates that the original infraction was not filed with the court until March 31. The infraction was issued to me on March 17. Under Washington's court rules for infractions, a notice of infraction must be filed with the court within five business days. I'm going to seek dismissal on this point immediately after my case is called.

  6. #6
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Speeding Ticket With No Police Report

    Even though Brendan is in Fl. He is more than qualified about Washington Law.

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket With No Police Report

    Hey Cole, long time.... But, why are you responding to "dead" thread?

    Barry
    Where am I going? And why am I in this handbasket?

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