Speeding Ticket in Washington

[xzibit3452]

My question involves traffic court in the State of: Washington
I just received my discovery materials today and the infraction was February 16,2012 and the date for filing in the court was February 23, 2012. Is that within the 5 day period for filing? Do I include the day of the infraction or after? Also the officer sworn statement said this, "O passed me at a high rate of speed south I-5 from Michigan Street I first obtained reading of O and a blue Subaru in excess of 85MPH in a 60MPH zone with radar (I can not read the device number) in rear mode. O and blue Subaru sped past me and continued high rate of speed. I followed and paced as both vehicles matched speed>"
He did not sign the bottom of the statement. Is there there for the case to be dismissed?

[blewis]

My question involves traffic court in the State of: Washington
I just received my discovery materials today and the infraction was February 16,2012 and the date for filing in the court was February 23, 2012. Is that within the 5 day period for filing?

Yes, it is EXACTLY 5 "court" days. Oh, it's not an "O", it's a "delta" ( triangle shape -- meaning "defendant"). As far as the officer's signature, does it say he entered his userid and password to authenticate it? If so, it's as good as signed. If not, move to suppress the statement as it is NOT a "sworn" statement.

Barry

[xzibit3452]

So I can motion for dismissal with irlj 2.2d?
Where would I find if it says he signed with userid and password?

Can I also make a motion for dismissal saying that the officer did not state that the SMD was in proper working order and was not checked before and after stop? Would I be able to ask any dismissal because there is nothing stating the officer is certified or trained to use the SMD?

[Speedy Gonzalez]

So I can motion for dismissal with irlj 2.2d?

No. They filed within 5 business days - on the 5th business day.

Where would I find if it says he signed with userid and password?

Right at the bottom of the statement.

Can I also make a motion for dismissal saying that the officer did not state that the SMD was in proper working order and was not checked before and after stop?

Absolutely, and you should move for dismissal on that, if it's missing. It MUST be established that it was in proper working order before use. If the officer fails to state that HE tested the unit, how he tested it, when he tested it, and what the results of those tests were, then it has not been proven reliable.

[blewis]

Yeah, except that he states the AFTER using the rear antenna of the RADAR, you passed him. Then he PACED you. Look, we're just speculating. Why don't you post your discovery materials so we can take a look. Then we won't have to guess....

Barry

[Speedy Gonzalez]

True. I did notice something that could still be an out, but alas, we do need to see exactly what is there.

[xzibit3452]

I was going to but my scanner did not work.

Be even though he paced me he never stated what speed he paced me at or of his spedometeter was calibrated also.

What kind of out do you see speedy Gonzalez?

[Speedy Gonzalez]

How about a picture, legible of course. Put it into a paint program and blank out your info and the last 4 digits of the citation number.