I will provide three examples of situations where law was seemingly ignored and I had no idea how to proceed. All involve speeding, and resulted in losses. Please advise on how to handle situations like this in the future.
1) Discovery was filed. Full list of witnesses to be used by prosecution was requested, along with radar records and such. Received were the radar records only, certification was 2 years old (yearly radar certification is required).
In court: Motion to suppress radar reading was denied based on "the certification was probably lost, I am sure officer knew what he was doing"
The actual citing officer was present, suppression of hit testimony based on failure to disclose his presence in discovery was denied based on "he's here today, we're gong to listen to what he has to say. If you need time to prepare questions, you have 10 minutes."
Received discovery was full of holes. Was to be a slam dunk case.
The judge (later found to be commissioner) ignored 5 motions:
- Ticket not filed in court within correct time line.
- No radar records.
- Actual cert in court was 3 years old.. etc. etc
Commissioner listened to motions, then said: "I am not familiar with these laws, I want to hear your testimony. Do you swear to tell the whole truth... "
I replied that I would like her to read the laws if she was not familiar with them. She opened one of the RCW books (I cited IRLJ laws), could not find the law, got upset, and in elevated tone said: "Your testimony now!"
ME: "I was not speeding"
She: "I find the offence committed"
3) - Last Thursday
Discovery was filed asking for radar cert., notes, witnesses, etc..
Certificate was not received. I attempted to suppress reading, and not allow court to use expert witness testimony without proper disclosure. Both denied:
Motion to remove expert witness testimony based on failure to provide during discovery was denied the judge ordered the clerk to find the certificate during proceedings.
Motion to dismiss based on IRLJ 3.1(B) - failure to provide discovery within reasonable time was denied: Judge handed discovery papers during proceedings "here is discovery, take your time to read over it. You can be last one to present."
Motion for continuance (IRLJ 6.6) was denied. No explanation given.