My question involves a speeding ticket from the State of: WA
This post is in regard to a speeding ticket I received by the WSP in King County, WA.
I was hoping that I could outline the steps to contesting the ticket that I have found by research this topic and have people look it over to make sure I have all my ducks in a row and to get a few answers to questions that I haven’t been able to find yet.
1. Contest the ticket by mailing it the address on the ticket.
2. Request for Discovery – I understand under IRLJ 3.1(b) this is fairly limited (officer’s statement and witness list). Can and should I request more information? How do I serve the prosecution and file with the court? Can this be done by Certified Return Receipt Required mail? Do I have to go to a courthouse to file with the court, can it be any King County District Courthouse or just the one where the hearing will be held?
3. Verify ticket was filed with court within 5 business days – I think I call the court clerk to get this.
4. Subpoenas - This is a touchy subject online. I think I will subpoena the officer (I want to review the discovery material first though). At least a no-show is another technicality I can use. Is there anything else I can and should subpoena? How do you issue a subpoena? Do I go to the court and fill out a form? Again, can this be done from any district courthouse (I live a ways from the actual venue and don’t want to drive there more often that I need to.)
5. SMD – there is some talk of IRLJ 6.6 online. I think the only way to take advantage of this law is to verify the SMD is certified on public record. Again, would these records be available at any district courthouse? Is there anything else about the SMD I can question? This law only seems to touch the design and construction of the device. What about the calibration? How can I show the device was used properly by the officer?
Last question: once the contested hearing has begun, can I ever change my plea? Is a deferral off-the-table for a change in plea? Can the judge find me guilty and give a deferral?
Please review and let me know if I missed anything or provide me with some answers to lingering questions.
Thanks for your time and good luck to everyone contesting a ticket.