What to Request in Discovery

[ESteve]

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

I got a speeding ticket this morning; I was ticketed for 45+ in a 35 with "(54)" written in the vehicle speed area.
RCW 46.61.400 was cited and it says under that "speeding" and there is something else there that I cant make out on the carbon copy I have that I am sure will be legible on the original.
I will be contesting the ticket, I have not done it since 1999 and I got some advice then and won because of IRLJ 6.6b but I don't remember exactly what to do.
I will be doing some research and getting a plan of attack, if I can find one. Now I am trying to get a head start so I am looking for any and all advice on the matter including examples of what the discovery request needs to say.
Thanks

[blewis]

Read through this thread. If you still have questions, come back and post them.

Barry

[ESteve]

That is a great post, thank you.
I have some questions and I think I probably should have started this post in "speeding tickets" but since I did not I will continue it here instead of double posting it.
I just refreshed myself with IRLJ 6.6
What are the odds that the SMD expert will show for court? As I see it in IRLJ 6.6(b) if the SMD expert does not show up after I request them, at least 30 days prior to trial, then SMD certificate form is not admissible. Also if I am not notified at least 7 days prior to the hearing date then it is also inadmissible.

I see two problems with this that I am not sure of yet, first if the SMD expert shows then unless I am not notified in discovery I am screwed and IRLJ 6.6 (c) makes it sound like the judge can just issue a continuance and then I am just back to square 1.
I just sent in my ticket and contested it today but does anyone have thoughts on me

• requesting the SMD expert as soon as I am given a court date
• filling for discovery 15 days prior to my court date (the required 14 and an extra to cover my butt)
My hope is that the courts can’t process anything fast enough. I know unless I can prove prejudice that the officer’s statement will be admissible, as long as I get it at least 1 day in advance as stated in IRLJ 3.1, but the SMD expert won't be allowed if I am not notified at least 7 days.
Maybe I am jumping the gun or grasping at straws but I want to have a plan ASAP.

Here is a link to IRLJ 6.6 http://www.courts.wa.gov/court_rules...eid=cljirlj6.6

And here is a link to IRLJ 3.1
http://www.courts.wa.gov/court_rules...eid=cljirlj3.1

[blewis]

What are the odds that the SMD expert will show for court?

If you subpoena the SMD expert, be prepared to have your original court date changed (mine was moved up ONE MONTH!) to accommodate the SMD expert's schedule. Be sure that any new date is within the 120 limit (or 90 if you have a pre-hearing conference). See IRLJ 2.6. If not, pay particular attention to IRLJ 2.6 (d).

As I see it in IRLJ 6.6(b) if the SMD expert does not show up after I request them, at least 30 days prior to trial, then SMD certificate form is not admissible. Also if I am not notified at least 7 days prior to the hearing date then it is also inadmissible.

Notified of WHAT? That the SMD expert will be at the hearing? Why would you be entitled to a notification? Or are you talking about the SMD certification. By rule (IRLJ 3.1 (b) and IRLJ 6.6 (d)), you may have to go to the courthouse to "view" the SMD certificate. They do not have to "notify" you, as long as it's on file.

I see two problems with this that I am not sure of yet, first if the SMD expert shows then unless I am not notified in discovery I am screwed and IRLJ 6.6 (c) makes it sound like the judge can just issue a continuance and then I am just back to square 1.

That is correct -- just make sure the new date is within the time frame of IRLJ 2.6.

I just sent in my ticket and contested it today but does anyone have thoughts on me

• requesting the SMD expert as soon as I am given a court date

I have no opinion on that.

• filling for discovery 15 days prior to my court date (the required 14 and an extra to cover my butt). My hope is that the courts can’t process anything fast enough. I know unless I can prove prejudice that the officer’s statement will be admissible, as long as I get it at least 1 day in advance as stated in IRLJ 3.1,

I've seen this a few times, but usually you'll receive the materials within a few days. In Kent, for example, you can go down to the courthouse and the Clerk will hand the materials on the spot.

but the SMD expert won't be allowed if I am not notified at least 7 days.

Again, I have no idea what you're talking about.


Barry

[ESteve]

Both of the two questions you have about the SMD expert not being allowed would be due to the theoretical lack of 7 day notification on there part after discovery is served 15 days in advance. Basically have him scheduled and request discovery at the last legal moment with hope they don't include him being there.

[blewis]

I still have absolutely NO idea what you're talking about. Here is your statement:

As I see it in IRLJ 6.6(b) if the SMD expert does not show up after I request them, at least 30 days prior to trial, then SMD certificate form is not admissible. Also if I am not notified at least 7 days prior to the hearing date then it is also inadmissible.

If YOU request the SMD expert, the prosecution is under NO obligation to inform you that they will be there -- the SMD expert is YOUR witness. The prosecution only has to inform you of THEIR witnesses. I don't know how else to explain this.

If YOU request the SMD expert and they do not show up, the judge may grant a dismissal, but might just grant a continuance, if the prosecutor requests it. If you do NOT subpoena the SMD expert, there is VERY LITTLE CHANCE that they will be there -- even if the prosecution does list them as a possible witness. More than likely, the prosecutor will simply submit the certification pursuant to IRLJ 6.6 (d). And, again, the prosecution is under NO obligation to send you a copy of this certification, as long as it's on file with the court (although in some courts they do anyway). IF it is on file with the court, it is YOUR obligation to go there to view it -- you will NOT get a dismissal because they didn't SEND you a copy.

If the prosecution does include the SMD expert as a possible witness, and even if you only receive this information a day in advance, the judge will probably just grant you a continuance, not a dismissal, if he/she does show.

Barry

[ESteve]

It's coming back to me now, the trick last time was to get the prosecution to request the SMD expert be present, but I don't remember how and I can not get a hold of the person who helped me back in 1999.
I will just file for discovery and see what I get.