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  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Default Washington State Speeding Ticket by Pace: Discovery Response

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

    I was ticketed for doing 80 in a 60 on I90 on the bridge to seattle and was "caught" via pacing.

    Based on a template on I found on this forum, I sent in a request for discovery with the following:

    1. A list of the witnesses the plaintiff intends to call at the hearing.
    2. A copy of the citing officer's sworn statement.
    3. Calibration and certification log of the speedometer for the vehicle that was used on March 7, 2012 in issuance of Citation ********, if not on file with the court pursuant to IRLJ 6.6(d).


    In turn I got the following 3 pages, a cover letter, a copy of the infraction, and an empty "sworn statement"


    Cover:
    http://i45.tinypic.com/255j87t.jpg

    Infraction:
    http://i46.tinypic.com/35lyx50.png

    Sworn Statement:
    http://i49.tinypic.com/348t7pc.png


    Since the officer's report is empty, can i simply win by making a motion for dismissal for lack of evidence? Is it that easy?

    This is my first ticket and I'm extremely green to court procedures. Thanks for the help anybody.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,203

    Default Re: Washington State Speeding Ticket by Pace: Discovery Response

    That's all there is? No narrative of the officer's actual statement on another page? If that is the case...YES, it is that easy.

    "Your Honor, I move for dismissal based on lack of evidence. The officer's statement provided to me in discovery provides no evidence that I committed this or any other violation."
    Behind the badge is a person. Behind the person is an ego. This is as it should be, person at the center and ego to the back.

  3. #3
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,203

    Default Re: Washington State Speeding Ticket by Pace: Discovery Response

    If this is all there is, then yes, this is a really easy case. Now, that said, they have until the day before the trial to supply the officer's sworn statement. Cross your fingers that they don't realize they screwed up

    Did you find out from the court when the infraction was filed?

    Quote Quoting PTPD22
    View Post
    "Your Honor, I move for dismissal based on lack of evidence. The officer's statement provided to me in discovery provides no evidence that I committed this or any other violation."
    Shorter and sweeter:

    "Your Honor, I move for dismissal for lack of evidence. There is no evidence contained in the officer's sworn statement."


  4. #4
    Join Date
    Apr 2012
    Posts
    2

    Default Re: Washington State Speeding Ticket by Pace: Discovery Response

    Quote Quoting Speedy Gonzalez
    View Post
    If this is all there is, then yes, this is a really easy case. Now, that said, they have until the day before the trial to supply the officer's sworn statement. Cross your fingers that they don't realize they screwed up
    So through no action of my own, they could potentially send me a legitimate sworn statement before the day of the trial? Seems pretty unlikely


    Quote Quoting Speedy Gonzalez
    View Post
    Did you find out from the court when the infraction was filed?
    No. Am I supposed to know this?


    Thanks for the help all. Looks like an open and shut case

  5. #5
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,203

    Default Re: Washington State Speeding Ticket by Pace: Discovery Response

    You should always have a backup plan. I would go to/call the court and get the filing date from the clerk. Per IRLJ 2.2(d) if it was more than 5 business days, then it is an automatic dismissal with prejudice (read: can't refile it) upon motion. Day of the infraction doesn't count, and holidays don't count. If it was a weekend, they have to file by the following Friday. If it was a weekday with no holiday weekend, then they basically have until the following week on the same day to file.

    Quote Quoting IRLJ 2.2
    (d) Filing of Notice. When a notice of infraction has been
    issued, the notice shall be filed with a court having
    jurisdiction over the infraction or with a violations bureau
    subject to such courts supervision. The notice must be filed
    within five days of issuance of the notice, excluding Saturdays,
    Sundays, and holidays. In the absence of good cause shown, a
    notice of infraction not filed within the time limits of this
    section shall, upon motion, be dismissed with prejudice.

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