At What Point During the Trial Do I Plead Guilty
My question involves traffic court in the State of: Washington (Federal Way)
I have posted links to all of the discovery documents as well as an image of the area of the violationwith route driven.
I was issued a citation for driving in a car pool lane. (46.61.165). After reading several posts here, I contested the citation and requested discovery. It appears the filing date is 12/2/11 and the report is electronically signed by the officer (see page 3 of the officers report). After reviewing the discovery documents, it appears to me that I should "plead guilty and explain the circumstances" to the judge. I have been unable to attend any court proceedings as of yet.
I have two points where I need help:
1. If anyone sees anything that would allow me to mount any defense to this citation please let me know.
2. At what point during my trial do I plead guilty? Any tips/advice as to what I should say?
Thanks in advance for any input you provide.
https://docs.google.com/open?id=0B9G...VjZDc2ODJjZDAx
https://docs.google.com/open?id=0B9G...ZkMjQwMGJiYmE2
Re: At What Point During the Trial Do I Plead Guilty
Hmmm. I think you might have a defense here, but I've never been to Federal Way Municipal, so someone will have to give you the details on the Judge(s).
This is what I think your defense is:
The officer says you "were seen traveling" in the HOV Lane, but he never states that HE saw you traveling in the HOV Lane. So what to do?
"Your honor, I move to suppress the first sentence in the officer's statement as it is hearsay. The officer never indicates that he was the one that saw my vehicle. Only that it was seen. By whom? The officer never indicates who saw my vehicle in the HOV lane. Without knowing who saw me allegedly violating the law, I have lost the right to confront my accuser. I move to dismiss the infraction as there is no testimony from a witness that observed the alleged incident."
Maybe Barry or Cole can indicate the likelihood of success. I would say you have a very good chance, but I don't know the judge.
Re: At What Point During the Trial Do I Plead Guilty
In the officer's report, he later states "At the time of my observation, I saw...". This indicates that he did indeed see me in the HOV lane, correct?
Re: At What Point During the Trial Do I Plead Guilty
If your drive a hybrid car you may be exempt .... if you have defense (not an explanation that means nothing) then you can plead it -- post here iif you wish it reviewed.
Re: At What Point During the Trial Do I Plead Guilty
No. The officer's observation could have been after the alleged incident. He also fails to mention his location during his "observation," so we can't just assume that he was the one who observed you violate the law. He needs to state it in his testimony. Because he doesn't, it's hearsay.
Re: At What Point During the Trial Do I Plead Guilty
If the hearsay argument does not work, would I then plead guilty or do I just rest my case and then wait for judgement?
Re: At What Point During the Trial Do I Plead Guilty
I would handle it like this:
When your case is called, step up, and say "Your honor, I would like to determine if I can make a motion before we begin my contested hearing and keep the options to mitigate or defer on the table."
If the judge says yes, use Brendan's argument. Do not deviate from the motion or make any other arguments. If the judge denies the motion, ask for your mitigation or deferral.
If the judge says that you can't have the options, you can generally choose mitigation or deferral before your contested hearing begins and you are sworn in.
Most judges are fairly lenient with this sort of stuff; however, once your contested hearing begins, you generally cannot get a lowered fine. If you have not taken a deferral (previously mentioned) in the past 7 years, this is also an option.
Re: At What Point During the Trial Do I Plead Guilty
Thanks guys. I think I am ready. My court date is tomorrow. I will be sure to let you know how it goes.
Re: At What Point During the Trial Do I Plead Guilty
Just wanted to update you on my court appearance. I followed the advice from SG above. The judge said that I had to choose either mitigation or a contested hearing and then make my motion. I then chose to mitigate and the judge did reduce the fine from $124 to $80. I was very tempted to contest it, but with the state only have to prove my guilt using the "preponderance of evidence" as the standarnd, I thought it best to mitigate. About a week later I had the chance to talk to a local lawyer about my case. He said while the argument put forth by BK above had merit, the judge probably still would have found me guilty. The city, like most cities, is facing budget problems and traffice fines are a good source of revenue. Thank you again for the info (maybe next time I will simply go for it!).
Re: At What Point During the Trial Do I Plead Guilty
Thanks for reporting back. Yeah, the whole "preponderance of evidence" standard blows chunks for the accused. :p