How to File and Support a Motion to Dismiss

[civil dude]

My question involves traffic court in the State of: WA
Here are spme clerical errors I see/find. On my 16 mph over in the school zone ticket contested

1. the hand writen noitice to appear gives a cause number that is one number missing from the NOI number typically.... they seem to match .... the notice to appear the does not match the cause #number to be heard.
Improper judicial notice? Motion to dismiss?

2.the serial number on officers affidavid has a precived typo error..used a...also letter O ...the calibration on file with the court clerk shows serial number using. 0 (zero) also wrong model number written on officers affidavid....is a LRB on cert... listed as a LR according to the officers statement.... no mention of tuning forks
motion to supress?
3. The prosicuters office asked for copy of all motions with corisponding legal authority the defence inteands to argue no less than three days before the hearing....i do have a rcw that i may use if i canted
dissmiss on a error...do i need to supply the prosiciter with my case if I need to argue?

How do I handle the inflamitor staments made.on the officers statment?

In the officers statement he made.some.comments about my less that calm speech and me
getting out of the car after the stop...to ask some.questions about the where he took the radar readings

[Speedy Gonzalez]

My question involves traffic court in the State of: WA
Here are spme clerical errors I see/find. On my 16 mph over in the school zone ticket contested

1. the hand writen noitice to appear gives a cause number that is one number missing from the NOI number typically.... they seem to match .... the notice to appear the does not match the cause #number to be heard.
Improper judicial notice? Motion to dismiss?

2.the serial number on officers affidavid has a precived typo error..used a...also letter O ...the calibration on file with the court clerk shows serial number using. 0 (zero) also wrong model number written on officers affidavid....is a LRB on cert... listed as a LR according to the officers statement.... no mention of tuning forks
motion to supress?
3. The prosicuters office asked for copy of all motions with corisponding legal authority the defence inteands to argue no less than three days before the hearing....i do have a rcw that i may use if i canted
dissmiss on a error...do i need to supply the prosiciter with my case if I need to argue?

How do I handle the inflamitor staments made.on the officers statment?

In the officers statement he made.some.comments about my less that calm speech and me
getting out of the car after the stop...to ask some.questions about the where he took the radar readings

Scan (or take legible pictures of) and post the entire discovery response after you redact your personal information. We won't be able to offer much help without it.

1. Don't EVER get out of your vehicle unless requested by the officer. When you do so, you put them on the defensive and you make them nervous -- and it could net you a bullet.
2. Lose the attitude. It came across in your post. I am sure the officer had reason to write it down.

[civil dude]

Thank you for the reply.. the stop was over when I got out of my car... I wanted to see the vantage point he was taking readings from... pleae exuse my last post and the typo I sent from a droid not the easyest to type on

I supose it was poor judgement .. fustration anyway.. gettin shot in school zone does seem out of hand...the officer showed restrant in not harming me are putting me under arrest. thank goodness.


okay so if you can help that would be great .. I am a obsevant driver with a spotless record and I dont think this school zone is typical and not well marked every day they are pulling people over .. I am new the area and now try to avoid that area...It seem they would do a better job of engineering the signage so drivers would infact slow down to keep the kids safe... the school zone is well over a 3/4long..

so Here goes as I dont a have scan devise at this point I wil try to type these question out.

Can I get a dissmissal on the following
1. The hand writen noitice to appear gives a cause number that is one number off/missing ... from the notice to appear at the contested hearing.. the notice to appear does not match the cause #number to be heard. Improper judicial notice? Motion to dismiss?

2. The serial number on officers stament has a typo error..used a...also letter "O" ...the calibration on file with the court clerk shows serial number using. "0" (zero) also wrong model number written on officers stament....is a Model LRB 20-20 on cert... listed as a LR according to the officers statement.... no mention of tuning forks motion to supress?

3. The City Attorny office asked for copy of all motions with corisponding legal authority the defence inteands to argue no less than three days before the hearing....

as such here is the responce to
defence discovery demand

1. Rsponding to the defence for discovery the city object on the ground that it will exceed the discovery requierments of IRLJ3.1(b). without waiving the above oblection, the cioty has provided all discoverable information in its possession. The city prosecuting Attorny may call as a witness anyone listed ont he Notice of infraction , the officers sworn statement or accident report

2. any issues not responed to herin will be addresses at the time of the hearing.

3. the name and identification number of the officer xxxxxxx

4.the spedd mearusring device expert is......XXXX

5. The city request a copy of all motions, with corresponding legal authority the defence intend to argue, no less than 3 days before the schedulesd hearing date.

__________________________________________________ __

I called the engineering department to get the time the yellow was to be flashing on the date of the NOI. they said they would send that and the engineeering study to expand the school zone to be so large criss crossing the area on two different roads. they also made the comment that there are not "when children are present " posted on the road as the officers sworn statment say they are

I can get a copy of the officers sworn stament on the next post...

I will wrie now that in the officers statment:
I passed 15 cars that were goin the speed limit after he took the radar reading

if I do the math on that it means that:

he take the reading @ 36 mph as I pass the first car.

15 car plus the spacing = 40 feet x 15= 600 feet plus

assume 15 foot car and 12.5 spacing verytight

traveling at 20 mph the lead car in the inside lane would travel 29 feet per second

for my car to make of the distance and pass all 15 cars and still stop at the very point where
the officer pulled me over approx 632 feet was what the radar reading was taken at ..and he pont for me to pull over he was on foot.

to make the math easy I say the lead car was at 662 feet

I would have been traveling at MPHs I would have to trsavel at 300 feet per second and stop in 2 feet




the office stament say I passed approx 15 cars

cant seem to up load the photo how can i get permission please

[Speedy Gonzalez]

What did you ask for in your discovery request?

Per IRLJ 3.1(b), you are entitled to the following and NOTHING more:

(1) a copy of the citing officer's sworn statement (2) a copy of video or photographic evidence the prosecutor proposes to introduce at trial, unless in reply to the discovery request the prosecutor provides the address to a website where such evidence is accessible to the defendant; and (3) the names of any witnesses not identified in the citing officer's sworn statement. No other discovery shall be required.

There is no "permission" to post something. The site does not host picture uploads. You need to post it to a photo sharing site, and paste the link to it.

As for the prosecutor asking for all motions ahead of time, it's a chickensh!t maneuver they pull in an attempt to quash any motions you want to make. Basically it comes down to if you make a motion to dismiss on the officer's statement containing a bunch of unprovable allegations, they will bring in the officer... then you're screwed.

I am not 100% sure of what you must provide per the law. It would seem to me that having to give up your defense and/or arguments ahead of time is pure crap, but like I say, I am not sure.

As for much of the rest of your post, can you slow down, give it some thought, and post it without emotion? I know it's hard to do, but a lot of what you're saying makes no sense when you inject emotion.

[civil dude]

How about the errors I discribed in items 1&2 at the begining ofthe last posts
will the judge be in favor of not allowing any motions because i did not notify the city attorny?

On a the office statement he said yelled at him and that it walked toward him and if he had not move i would have ran into him......canthey charge me futher....these statement were made in the section of the sworn statement call defendants statement/other violations

[Speedy Gonzalez]

On a the office statement he said yelled at him and that it walked toward him and if he had not move i would have ran into him......canthey charge me futher....these statement were made in the section of the sworn statement call defendants statement/other violations

Meaningless when it comes to the charges. And NO, the prosecutor cannot charge you further based on your alleged actions toward the officer. If the officer thought it necessary, he would have charged you on the spot.

[civil dude]

Good news thank you... i will post up the docs asap. I may not have a case but
I feel strongly that this school zone is cash cow for the city and it should have better signage thank.you more to come.... if the serial numbers dont match from the cert of the radar gun and the serial number inthe officers statement is that good enough to supress the radar equipment.... even if it is one number or letter off

[Speedy Gonzalez]

if the serial numbers dont match from the cert of the radar gun and the serial number inthe officers statement is that good enough to supress the radar equipment.... even if it is one number or letter off

You damn skippy it is.

[BrendanjKeegan]

I am not 100% sure of what you must provide per the law. It would seem to me that having to give up your defense and/or arguments ahead of time is pure crap, but like I say, I am not sure.

You are 100% correct. You are under no obligation whatsoever to inform the prosecution of your planned motions for the hearing.