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Discovery in Snohomish County, Washington

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  • 10-02-2011, 06:55 PM
    Sandyman82
    Discovery in Snohomish County, Washington
    My question involves a traffic ticket from the state of: WA

    I was pulled over in May for speeding (10 over under 40mph). After having the case continued once, I made a request for discovery 15 days before the court date (Oct 5, 2011). I did not receive the discovery materials until 6 days prior to the court date. My question is: when the RCW requires the prosecution to provide discovery at least 7 days before the court date, does that term "provide" mean postmark or do I need to have the discovery materials in my hand at least 7 days before?

    I ask because the officer's report states that I said that I knew what the speed limit was which is bogus but I have no way of proving it. Furthermore, the road I was on had NO speed limit signs for 1/2 mile. I was going 45 on a five lane, non- residential road. The officer also states that he calibrated the SMD but never says when.

    Please Help!! My court date is in 3 days!!

    Also, I was cited under RCW 46.61.400.10u. I have not been able to find this statute anywhere. The location was 800 112th St in Everett. I am posting a copy of the infraction and officer's statement below. Thank you SO much to anyone who helps!

    http://i1194.photobucket.com/albums/...ccitation1.jpg

    http://i1194.photobucket.com/albums/...ccitation2.jpg

    If you need higher quality, please PM me your email and I will get the original scans to you.
  • 10-03-2011, 07:05 PM
    Mr. Knowitall
    Re: Discovery in Snohomish County, Washington
    Did you read this?
  • 10-03-2011, 07:49 PM
    blewis
    Re: Discovery in Snohomish County, Washington
    Did you go to the courthouse to check the radar certification? If not, you should probably do that. Make sure the serial numbers are consistent, as well. Otherwise, receiving the discovery materials six days prior to your hearing is probably NOT going to warrant a dismissal, unless you can prove that it prejudiced your case -- and I don't see how that could even possibly happen.

    Barry
  • 10-03-2011, 09:56 PM
    Sandyman82
    Re: Discovery in Snohomish County, Washington
    I will go to the courthouse tomorrow to check on the radar serial number. Would the clerk have that information? And does the fact that the statute I was cited under being non-existent have any bearing on this case? Or the fact that the deputy never stated when he calibrated the SMD? This is the only my second ticket and the first time that I have ever gone to court. I appreciate all the help and advice you both have offered thus far!
  • 10-04-2011, 07:10 AM
    blewis
    Re: Discovery in Snohomish County, Washington
    The proper "statute" argument is fairly complex. In addition to what I'm about to say, you might want to search the forums for "subsection". Basically, the "10U" is shorthand notation for "10 over the limit in a 40 and under zone". That's what determines the fine. Your argument before the court must assert that you looked up RCW 46.61.400.10u, only to find that there is no ".10u" -- only sections (1), (2), and (3). Each of these sections is different, contains different elements, and each requires a different defense.

    Without knowing WHICH subsection you are being charged with, and, in fact, given a non-existent subsection, how can you prepare a proper defense. AUBURN v. BROOKE, 119 Wn.2d 623, P.2d 212 (1992) states in headnote 6:

    Quote:

    Quoting Auburn v. Brooke
    [D]efendants should not have the burden of locating the code containing the crime of which they are charged and determining the elements of the crime from the proper code section.

    In your case, they have only provided a bogus subsection, and failed to supply the subsection you were being charged under, so it is impossible for you to determine the "elements" of the infraction.

    See what I mean?

    Barry
  • 10-04-2011, 06:02 PM
    Sandyman82
    Re: Discovery in Snohomish County, Washington
    In addition to the subsection defense that Barry provided, also found out this information:

    I went to the courthouse and had to search through a huge book of certifications to find the right one. Upon inspection of the document, I noted that the last calibration was done on 10/27/09. I then had to go to the Sheriff's Office to request a copy of the operator's manual as pertains to proper calibration. The lady at the desk had me fill out a form that they must respond to within 5 business days. Obviously I won't be getting that information before the court date.

    I was thinking I might be able to use this to prove that providing discovery 6 days before the court date is an inadequate time for me to be able to prepare a defense. Even if I had gotten the discovery 7 days before, I would have had to make that request from the Sheriff's Office the same day in order to get the information on time.

    Furthermore, pursuant to IRLJ 6.6(c), the certification document on file lacks the clause about the agency maintaining manuals for the SMDs in their use.

    What do you all think?
  • 10-10-2011, 10:52 PM
    dudesky
    Re: Discovery in Snohomish County, Washington
    Sandyman,

    As far as I understand, to request the instruction manual, you should make a public records request from the police agency. You are entitled tor request for it (as a public records request) pursuant to RCW 42.56.070 3(c). Nothing in the IRJL about instruction manuals.

    A public records request is independent of your discovery request.

    IAW RCW 42.56.520, they have 5 days to "respond", that doesn't mean provide the records, but actually respond to you, meaning, they may respond that they "need more time".
  • 10-14-2011, 11:20 AM
    rrosas33
    Re: Discovery in Snohomish County, Washington
    Hi.

    I just finished challenging a traffic ticket with RCW 46.61.400.10U. My moving ticket was dismissed based on RCW 46.61.400 subsection 10U doesn't exist. Here's how it went down, granted I'm going to paraphrase here:

    Judge: " You are challenging ticket # blah blah blah under RCW 46.61.400.10U for speeding in a 25mph at 35mph. How do you plead?"

    Me: " Judge before I answer, I need some explanation on the law I broke. I researched the RCW 46.61.400 with no subsection 10U. Can you explain to me where subsection 10U is located or at least lead me to where I can find it myself."

    Judge: as she is on her computer looking up the law on this RCW, she says, "I don't see it here"

    Me: then i add on, "Judge, is it correct to state that subsections 1, 2a, 2b, 2c, etc.. are legal infractions"

    Judge: "yes"

    Me: " then, if subsection 10U is on my ticket, then where is the subsection?"

    Judge: "I'm dismissing your ticket based on.... and also, because the officer did not sign the ticket."

    When the judge started to dismiss the ticket I accidentally turned off my recording app and I don't remember exactly what she said. Oh yeah, I had my iPad with me and ready with the internet, links to the RCWs at my disposal, iOS 5 comes in handy, saving internet sites as readable documents. I had the RCW's open while I was pleading my case, as well as my handy recording app turned on.

    I left happy! I was in court for an entire 10 minutes, this includes waiting for my turn.

    Hope this helps.
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