Trip Permit Violation

[inzanesrt4]

My question involves a traffic ticket from the state of: Washington

(Court of Limited Jurisdiction)

Is laminating a trip permit a crime?

I was charged with a criminal violation for RCW 46.16.160.8

I have represented myself before pro se. This court is giving me nothing but headaches, they continually insist I get an attorney. This is always great advice but unfortunately I can not afford any of the ones I have contacted and I make a couple thousand over the limit to be granted a public defender.

I sent motion for discover to the court and received NO discover before my original appearance. I asked for the case to be dismissed and the judge said I send it to the court but not the prosecutors office. I was granted a continuance to request discovery. I received discovery and the officers statement says I filled out the trip permit completely and properly but it was laminated. He also states that I purchased it two months prior, which is true, but this was the first time I had used it.

Long story short months early my tabs had expired. I was trying to sell my vehicle so I purchased a trip permit, this happened to be the first time someone was coming to look at it so I changed oil, washed,took it for a drive to charge battery, etc. I laminated the permit to mount to the exterior of the window because I was afraid it wouldn't be visible though window tint and didn't was to tape it to inside window tint. I read the instructions on the trip permit specifically said to place on inside of window so that's what I did.

At pre trial I motioned for the case to again be dismissed due to lack of evidence a crime was even committed, little less I committed it. I also asked for a motion for summary of judgement. The judge again explained I need an attorney, these motions need to be submitted weeks earlier, again to the prosecutor so he has time to respond. Then he set up my next court date as a motions court date a month away.

I am beyond frustrated. I believe this is a complete waste of time. the judge could have simply asked the prosecutor right their if their was any more evidence and made a ruling. Dismissed or on to trial.

So I guess now I have to do what submit every motion I may come up with to the prosecutor?

Did I violate RCW 46.16.160.8?


Sorry everyone I made it as concise as possible.

[blewis]

I can understand why the judge is advising you to retain an attorney. First of all it's "Motion for Summary Judgment", not "a motion for summary of judgement." Second, such a motion is used in civil procedures, not criminal.

Motions, Discovery Requests, etc. MUST be "served" on opposing party (the prosecutor, in this case), and "filed" with the court. Many pre-trial motions MUST be scheduled for a hearing PRIOR to the actual trial, some can be handled at the trial itself.

This may be causing you headaches, but that's because you don't understand the process. It's NOT the court's fault. If you wish to appear pro se, YOU are responsible for knowing the law, the court rules, and proper procedures.

As far as your case, I do think your final statement, "Did I violate RCW 46.16.160.8?" has some merit. Paragraph 8 simply states:

(8) Except as provided in subsection (7) of this section, a violation of or a failure to comply with any provision of this section is a gross misdemeanor.

I don't believe paragraph 8 defines an offense for which you can be cited. You might want to research STATE v. MacRAE, 101 Wn.2d 63, 676 P.2d 463 (1984). Also, check headnote [6] in AUBURN v. BROOKE, 119 Wn.2d 623, P.2d 212 (1992), which states (in part):

Criminal defendants should not have the burden of locating the code containing the crime of which they are charged and determining the elements of the crime from the proper code section.

If you use that, be sure to object if the prosecutor tries to amend the charge.

Barry

[inzanesrt4]

blewis/Barry

Thank you so much for the information. If the prosecutor tries to amend the charges to I have grounds for objection. I only ask because on a traffic ticket long ago I objected to an officer testifying about what someone else told him that I said. The judge asked for grounds for my objection. I was nervous and couldn't think of hear say, but finally did.

Also I understand the court isn't doing anything wrong or purposely causing me a head ache. They are only doing there job and the proper procedures. I in no way meant that I was being wrongfully treated. Its just in all my previous dealings with courts all over the NW the courts grant some leniency, not that they have to, just that they do. I believe this is because they want seek justice, not convict someone because they can not afford proper representation.

Again I really appreciate all the help. I wonder if its possibly to hire lawyers in my area just to look over my case (at a reduced rate) and advise but not actually represent me. I never have looked into that possibility.

[blewis]

If you could scan and post the "officer's statement", that would be a big help. You'll have to use a service like PhotoBucket. I don't want to express my opinion without knowing the evidence against you. I think, based upon what you've stated, that you have a pretty good case. But, post the statement, and we'll see.

Barry

[Mr. Knowitall]

I don't believe paragraph 8 defines an offense for which you can be cited. You might want to research STATE v. MacRAE, 101 Wn.2d 63, 676 P.2d 463 (1984). Also, check headnote [6] in AUBURN v. BROOKE, 119 Wn.2d 623, P.2d 212 (1992),...

With the caveat that I don't claim to follow Washington law or what happens in the courts of that state, I don't see MacRae as particularly helpful, as the issue in that case was that there was nothing in the statute itself that identified a traffic violation. In this case, although the officer cited to the penalty subsection of the statute, that subsection refers to the remainder of the statute and defines violation as a misdemeanor. Brooke is more interesting, if in fact there is little or no information provided about what constitutes the alleged offense other than something to the effect of "you violated RCW 46.16.160.8". As this is a misdemeanor offense, if the defendant manages to convince the court that the charges are inadequate under either case I would expect the prosecutor to refile the charge in proper form. To the extent that a motion is brought under those cases, it would be important to heed the judge's admonition to serve it on the prosecutor and give proper and sufficient notice of hearing in advance of the hearing or trial date.

I would be interested in learning what the officer is alleging to be the violation of RCW 46.16.160, as from what's been shared so far I'm not seeing what the violation would be.