Re: Contested Hearing WA State - Subpoena WSP officer?
Woah, hold up. We're missing something. First of all, what court is this in?
There is no signature on his affidavit. Nothing. Just a thing saying it was submitted electronically. Breaking this down:
RCW 9A.72.085 REQUIRES that any unsworn statement must be subscribed by the person (See the second bullet).
The legal definition of subscription is "the affixing of one's signature to any document, whether for the purpose of authenticating or attesting it, of adopting its terms as one's own expressions, or of binding one's self by an engagement which it contains." SUBSCRIPTION = SIGNATURE. You really can't argue that.
Personally, I see no signature on the affidavit. Just a statement that it was electronically submitted.
Really? How cool! I'm so enthused that the WSP is cutting down on it's tree-cutting and is using email! However, this is not a sufficient subscription for a legal document.
Now, if the TC wants to argue with you on that, then you can go to the origin of electronic signatures and remind the court of what an electronic signature must contain.
In order for a signature to be valid, it must be handwritten, OR signed under the ESIGN act. This is the act that I have seen quoted as to why a court can accept an electronic signature, and rightfully so, it does have a practical application to an infraction.
Now, the ESIGN requires that a "signature must be unique to the person using it." Electronic signatures meet this requirement by prompting individuals to perform an action that is unique to them, such as entering a private password each time that they electronically sign a document.
As we've seen on other affidavits that were signed electronically, the citing officer states: "I certify...true and correct AND I AM ENTERING MY USER ID AND PASSWORD TO AUTHENTICATE IT."
I don't even see that here. Move to dismiss pursuant to the RCW that the officer cites. (DOH!)
If you're in South Division or Cascade Division, the judge will 99% of the time agree with this.
"A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost