Requesting citing officers statement

[vikas0821]

Hi,

I have a contested court hearing on 2nd nov. The hearing date doesnt say anything about how I can request the citing officers statement. Please tell me how can I request this information. I got my ticket in seattle for driving at 51 mph (atleast that is what my citing officer said) on 35 mph street. However my ticket is for driving at 40+ mph on 35 mph street. This is my first ticket and I dont have much idea about fighting it. Please tell me I have any hope of fighting this or it is better to just pay it.

Also if I change the hearing to mitigation hearing, is there any chance of getting this ticket off my driving record.

Thanks a lot for your help,
Vikas

[blewis]

If you request a contested hearing, you will be sent a notice -- either for the hearing or for a "pre-hearing conference" (depending on the jurisdiction). If you get a hearing notice, it will contain the information you need about how to request discovery and/or subpoena the officer. If it is for a pre-hearing conference, at the conference you will fill out a form scheduling the formal hearing. On that form is a place where you indicate you want discovery and/or you want the officer subpoenaed.

Also at the pre-hearing conference, or if you request a mitigation hearing, you can request "deferred findings." As long as you haven't gotten a deferral in the past seven years, it's fairly automatic. You pay a $100 (give or take) "administrative fee", keep your nose clean for six months to a year (depending on your previous record), and the ticket gets dismissed. It is kept off your record, as far as insurance companies are concerned.

I hope that helps you.
Barry

[vikas0821]

Thanks for the help. I have received a notice for the contested hearing and it just says that I can request the information and subponea the office if i want. It doesnt say anything about how I can do so. Is there any other place I can find the infromation to request the officers statement.

Thanks,
Vikas

[blewis]

If you're going to court, you need to familiarize yourself with the Infraction Rules for Courts of Limited Jurisdiction (IRLJ). Make sure you don't violate any of these rules, and make sure the court and the prosecutor follow them as well.

IRLJ 3.1(b) addresses discovery:

Discovery. Upon written demand of the defendant at least 14 days before a contested hearing, filed with the court and served on the office of the prosecuting authority assigned to the court in which the infraction is filed, the plaintiff's lawyer shall at least 7 days before the hearing provide the defendant or the defendant's lawyer with a copy of the citing officer's sworn statement if it will be offered into evidence at the hearing and with the names of any witnesses not identified in the citing officer's sworn statement. If the prosecuting authority provides the citing officer's sworn statement less than 7 days before the hearing but not later than one day before the hearing, the citing officer's sworn statement shall be suppressed only upon a showing of prejudice in the presentation of the defendant's case. If the prosecuting authority, without reasonable excuse or justification, fails to provide the citing officer's sworn statement, the statement shall be suppressed. No other discovery shall be required. Neither party is precluded from investigating the case, and neither party shall impede another party's investigation. A request for discovery pursuant to this section shall be filed on a separate pleading.

OK, what does all that mean? You must file a request for discovery with the prosecutor's office and file a copy with the court. If you PM me with you email address, I'll email you a copy of what it should look like. Make 3 copies. Take one to the court and have the clerk time/date stamp YOUR copy. Take another copy to the prosecutor's office and have someone there time/date stamp YOUR copy. Your copy should have both stamps to show that the request was filed properly and on time.

Note that IRLJ 3.1(b) requires you to file this request 14 days prior to your hearing, so you've only got a week.

Good luck,
Barry