Airplane-Based Speeding Ticket in Washington

[brygx]

My question involves a speeding ticket from the State of: Washington

I received a traffic infraction for speeding on I-90 in Grant County and have not mailed the form yet. I was marked as doing 80mph in a 70mph zone, although verbally the officer said I was clocked at 89mph by airplane. The ticket is a single violation 46.61.400 speeding 10mph over limit, by aircraft, for $113. By the statute, it also says "86, 89, 88, 88" which I presume are sequential measurements from the aircraft.

Anyone have any luck fighting aircraft-measured speeding infractions in or near Grant County? It's about a 3 hour drive so I'm not keen to show up in court. So, I'm thinking I should send the ticket marked as "contest", gather some info, and if there are no technicalities then just pay the fine (or request deferral). But I don't really have any idea what info to gather...

[colemac65]

here is a recent thread about a similar ticket, i do not recall the outcome.
http://www.expertlaw.com/forums/showthread.php?t=88671

and if it were me, i would request discovery immediately, make sure the ticket was filed within 5 business days, and look for insufficincies in the discovery request. When you get them, feel free to post up so we can review....and give our thoughts.

I recieved a ticket about 2 years ago where i was doing 9 over. THe officer cited me for 46.61.400.9. It was in King COunty District Court, i went to court and said, your honor, i would ask you to dismiss this case as no such statute exists. She dismissed the case, and all i had to say were 8 or 9 words!!!! That box on the ticket is for the statute, not the speed. Bang case dismissed.....There are only 3 subsections to 46.61.400...not 86 88.....

[brygx]

OK, I sent a request for discovery and here's the letter I got back:

The Grant County District Court has received your request for the Officer's report and/or documents on the above-referenced case number. We do not provide discovery and we are unable to provide legal advice. Please refer to the Washington Court Rules for infractions or obtain legal advice.

Maybe I sent it to the wrong court office (I sent it to both the clerk and prosecutor, this was from the clerk I think).. but I thought discovery was required by law? Or do I need to get a lawyer at this point? If I can't even get discovery, I would think I'm pretty much screwed.

Thanks for any help..

Oh, and if anyone has a recommendation for a lawyer in the Grant County area ...

[blewis]

Give it a few days. The PROSECUTOR is responsible for sending you the discovery materials, not the Court. Keep this response, however, since it shows that the Court did, indeed, receive the "file" copy of your request.

There are MANY ways of getting an "aircraft" ticket dismissed. Plus, if you DON'T receive your discovery materials before the hearing -- and you have "proof of service" -- you can get a dismissal that way.

Barry

[brygx]

Yuck.

I just called the Prosecuting Attorney's office, and they said they never received the request for discovery. I sent it by USPS but did not used certified mail or anything, and because the Clerk received it I presumed that I would be "OK".

My court date is coming up in 10 days. What would you recommend I do:

1) Certify mail a new discovery request. However, since it is less than 14 days, I think they can screw me and not send me anything, and I'm out of luck.

2) Go to court on the defense that "86, 89, 88, 88" are not statutes. If that doesn't work, I'm out of luck.

3) Request for continuance. No idea how to do this. The phone operator told me that likely no prosecutor will be involved, so on my court date the judge would likely read the letter into the file and then decide to grant or deny my request. If he denies my request, I instantly lose.

Thoughts?

[blewis]

I sent it by USPS but did not used certified mail or anything ....

Well, we live and learn, don't we. Anyway, what I would do is go to the hearing. Move to suppress the officer's statement, since I did NOT receive the discovery materials. The court's file will contain the "file" copy of the request, but will not contain a "file" copy of the materials that were supposed to be sent by the prosecutor.

If the judge asks me for "proof of service", I'll say I don't have it with me -- not exactly a lie, but not exactly the truth. The judge will probably either dismiss the case, or ask you if you want a continuance. If the judge dismisses, go home, have a glass of champagne, and don't even THINK about missing church, temple, whatever, for a VERY LONG TIME -- oh, and add a little extra to the offering -- you've got a "not exactly the truth" to atone for.

If the judge does not ask you if you want a continuance, YOU should ask the judge. If the judge grants the continuance, submit your discovery request again -- and this time get proof of service. When you receive the materials, come back and post them.

Barry

[BrendanjKeegan]

If you want to see the affidavits, you can go to the court and ask them to make a copy. I know of a few people who do this instead of discovery. But it looks like that's a far drive.

You might be able to call the court and ask them to fax you the documents, but I highly doubt that they'll do that. That would be an anomaly.

[brygx]

OK, thanks for the advice. So I'm a total newb at this, can you tell me exactly what words to say? My guess:

"I was hoping to negotiate a plea bargain with the prosecutor, but there is no prosecutor present." Would I then be given an opportunity to plea bargain with the judge? (based on your past thread: http://www.expertlaw.com/forums/show...42&postcount=4)

"Your honor, I'd like to move to suppress the officer's statement, since I did not receive the discovery materials I requested".

(if success)
"Your honor, I'd like to move to dismiss due to lack of evidence."

(if fail)
"Your honor, I'd like to move to dismiss based on an invalid statute listed on the ticket, there is no subsection "86, 89, 88, 88" that I was able to find."

(if fail)
"Your honor, I'd like to request a continuance in order to provide proof of service, gather discovery materials, and seek legal assistance."

[dwa]

"Your honor, I'd like to move to suppress the officer's statement, since I did not receive the discovery materials I requested".

* you need to show prejudice

[blewis]

If you don't receive the discovery materials at all, there is NO NEED TO SHOW PREJUDICE. IRLJ 3.1 (b) states:

If the prosecuting authority, without reasonable excuse or justification, fails to provide the citing officer's sworn statement, the statement shall be suppressed.

A showing of prejudice ONLY applies if you DO receive the materials, but from 1 to 6 days before the hearing. I know you're trying to be helpful, DWA, but all you do is confuse people when you post incorrect information.

OP, as far as your approach, I'd skip the plea bargaining and start with the motion to suppress the officer's sworn statement. Go from there.

Barry