How Do I Beat My Speeding Ticket

**EJPetersen** · 04-07-2010, 07:11 PM

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

Hi all, I'm new to this forum and I sure appreciate the help. I need advise about an infraction I was issued on the 3rd of this month:

I was pulled over by a motorcycle cop I had just driven by (he was in a parking lot watching traffic) in Lynnwood WA. He asked for my license, insurance, and reg.; all of which were in order. Long story short I was served with a citation for 10 miles over (45 in a 35). Now I have not as of yet made any movement, the citation is still in my possession and I can bide my time until the 16th, by which time I have to have entered a plea. So my questions are:

1. What should I do now? Are there any special avenues of interest I should be pursuing?

2. I have read that if the cop fails to file a report within five days this is grounds for dismissal, is this true or likely?

3. What am I entitled to through discovery and what is important to get?

4. I understand that if I can suppress the cops statement then the court will fail to satisfy the preponderance of evidence; How can I get the cops statement suppressed?

5. What are the terms of the discovery I am entitled to (i.e. at what point in time will the absence of requested discovery become grounds for dismissal?)

Any help would be great, thank you.

EJP

**blewis** · 04-07-2010, 07:32 PM

I posted this thread to answer questions such as yours. Please read through it (it even contains a link to a form you can use for requesting discovery). If you still have questions, come back and ask.

Barry

**EJPetersen** · 04-10-2010, 11:19 AM

I really appreciate that, thank you very much

. I'm sure I'll have more questions in the long run but for now can anyone tell me if I can get a hold of the police report before I turn in my ticket and plead or will I have to wait until I request it as discovery? Much thanks in advance. Back to the wall for now

**blewis** · 04-10-2010, 11:43 AM

In some jurisdictions, you can go see the Clerk of the Court, and they MAY give you a copy. In some, they won't and will refer you to the prosecutor -- but the prosecutor won't have any information until YOU respond (if you just pay it or request a mitigation hearing, the prosecutor does not get involved and, therefore, won't be sent the information). So call the Clerk and see if they will share the officer's sworn statement with you.

And it doesn't hurt to reply "contested" for now. You can always change your plea later.

Barry

**EJPetersen** · 04-16-2010, 06:16 PM

Can anyone tell me if I need to serve the D.A.'s office and the clerk of courts with my discovery request myself or if I can have a third party serve them for me? I hate to not be there but work may interfere with this one.

**BrendanjKeegan** · 04-17-2010, 01:57 AM

I think, that technically you can have a "process server" do the delivery and obtain the stamps, but I'm not sure. I don't know the details for process servers in WA. Some states make it so the they need to be licensed and bonded, but some do not. If not, then anyone can do it for you.

Personally, I'd do it myself. But I don't see why the court or the D.A. would care if you sent someone else. But to be safe, if you can't do do it yourself, I'd take barry's option of sending it CRRR.

Brendan

**EJPetersen** · 05-11-2010, 07:25 PM

I called the Clerk of Courts and was told that I was not allowed to go to the Prosecutor's office in person to serve my Discovery Request and instead have to send it in and include another copy and a SASE with the words "Please conform" written on a sticky if I want a stamp. Does this sound reasonable? It occurs to me that they could throw that away if I don't have it sent registered mail and even then, how could I prove that I sent the papers and not just an empty envelope?