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Sending in a Statement to the Traffic Court

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  • 11-28-2012, 05:17 PM
    rottbach
    Sending in a Statement to the Traffic Court
    My question involves a traffic ticket from the state of: WA

    Hearing date is 12/3/12. Was planning to send in statement by mail as court location is 2 hours from home but received discovery documents today 11/28 (requested on 11/9 per certified mail) so not sure if I have enough time. Need to send statement tomorrow 11/29. Discovery documents at link below:

    https://docs.google.com/open?id=0B9G...V9hNEpkTjl5SVk

    1. Are there any means to defend against this ticket after review of the discovery documents?
    2. Should I try to contest via mail still or should I show in person.

    I briefly reviewed the docs and did not see anything out of the ordinary. I am hoping one of the experts on this forum are able to help.

    Please post if you need additional details or if you have any trouble with the link to the discovery documents

    Thanks in advance.

    BK
  • 11-28-2012, 06:26 PM
    Speedy Gonzalez
    Re: Advice for Speeding Ticket Asap (Have Discovery Docs)
    The dates on the faxes suggest that it may not have been filed within 5 business days. Promptly investigate. If it was more than 5 business days it is an easy dismissal and they cannot refile. The date stamp on the officer's sworn statement looks to be the filing date which is almost a month and a half from the cite date. If this is the date the notice was filed with the court, IRLJ 2.2(d) is a winner.

    Edit: This is an easy win. The radar cert is WAYY OVER 2 years old!

    I think you have a homerun here. You should appear at the court tomorrow. Don't do trial by mail on this one.
  • 11-28-2012, 08:55 PM
    rottbach
    Re: Advice for Speeding Ticket Asap (Have Discovery Docs)
    Speedy,

    Thanks for the quick reply and input. Couple questions.

    1. Do I check with the court clerk to verify the filing date?

    2. If needed, Is there a regulation/law that I can site that states radar cert. must be every 2 years?

    I live in Tacoma, but court date is actually 12/3 in Aberdeen. Two hour drive. Willing to do that if needed but court clerk said I could send statement via mail tomorrow 11/28 to arrive 11/29 (1 business day prior to court date). If the filing date was more than 5 business days after the ticket was issued, could I not simply state that in the written statement and motion for dismissal?

    Let me know your thoughts.

    Thanks.

    BK

    - - - Updated - - -

    Speedy,

    Just did a little more reading and saw that I do need to check with the court clerk regarding the filing date. I will do this tomorrow morning at 8:00 AM PST and report findings here. There is a date of 10/6 (same date as the ticket) on the "officers" report. Is that not considered the court filing date?
  • 11-28-2012, 09:12 PM
    Speedy Gonzalez
    Re: Advice for Speeding Ticket Asap (Have Discovery Docs)
    1. Yes. They may or may not give you that information over the phone, however.

    2. It states "2 yr Calibration Cycle" right there on the certifying document.

    Many of the evidence rules are basically tossed out the window when it comes to trials by mail. If you get a judge in a bad mood who rules against you, you're pretty much done. There is NO APPEAL PROCESS for trials by mail. I do not recommend it. A 2 hour drive for a home run hit it out of the park vs. a maybe? I'll take the home run. Even if I have to drive across the entire state.

    Your motions in order are as follows, assuming you find out the filing date was after October 12, 2012. If not, then #2 is your primary argument.

    1. "You Honor, I move for dismissal with prejudice per IRLJ 2.2(d). The notice of infraction was issued on October 6, 2012, but it was not filed with the court until (October/November) X, 2012. This is Y business days, and is in violation of the rule." (replace X with the actual filing date, and count the days for Y)

    2, "Your Honor, I move to suppress the speed readings per IRLJ 6.6(c) and move for dismissal with prejudice for lack of evidence. The certification document clearly indicates a two year calibration cycle, which expired on April 23, 2012. On the date the notice of infraction was issued, the device certification had been expired for nearly 9 months. I respectfully assert that Your Honor should find the speed measuring device certification document insufficient, and the speed reading evidence should be suppressed per the rule."

    Quote:

    Quoting rottbach
    View Post
    There is a date of 10/6 (same date as the ticket) on the "officers" report. Is that not considered the court filing date?

    No. That's the date the infraction was issued to you. The court inputs that as "the date" of the infraction. The FILING date is different. That's the actual date on which it was formally filed with the court. They had until 10/12 to do so, or they have violated IRLJ 2.2(d), and you have your home run.
  • 11-28-2012, 09:42 PM
    BrendanjKeegan
    Re: Advice for Speeding Ticket Asap (Have Discovery Docs)
    I would sincerely urge you to take the time out of your day to fight this. This is about as good as a home run as they get.

    Even if you don't get the SMD Cert suppressed, you have a 9A.72.085 argument for lack of subscription on his statement.
  • 11-28-2012, 09:45 PM
    Speedy Gonzalez
    Re: Advice for Speeding Ticket Asap (Have Discovery Docs)
    Oh, and one more thing. Slow down and take your time some more. I see three tickets in the past three years. The last two being a HOV lane violation, and the previous a school zone. That's one per year around the same time of year. :D
  • 11-29-2012, 09:59 AM
    rottbach
    Re: Advice for Speeding Ticket Asap (Have Discovery Docs)
    Quote:

    Quoting BrendanjKeegan
    View Post
    I would sincerely urge you to take the time out of your day to fight this. This is about as good as a home run as they get.

    Even if you don't get the SMD Cert suppressed, you have a 9A.72.085 argument for lack of subscription on his statement.


    My understanding is that the officer's electronic signature on the officer's report is sufficient?

    - - - Updated - - -

    Quote:

    Quoting Speedy Gonzalez
    View Post
    Oh, and one more thing. Slow down and take your time some more. I see three tickets in the past three years. The last two being a HOV lane violation, and the previous a school zone. That's one per year around the same time of year. :D

    No kidding! I was seriously questioning the amount of gray matter upstairs after this last ticket. And I caught some major grief from the wife!

    - - - Updated - - -

    Thanks for the input. Depending on the response from the court tomorrow regarding the filing date, I just may drive down there on Monday. Getting a dismissal certainly beats having my insurance go up and having it go on my record. You guys helped me get a dismissal on the previous ticket so why not try for 2 for 2? I will keep thread updated.

    - - - Updated - - -

    Called the court and they said the filing date was 10/8 which is within the five day requirement. So much for the homerun! Looks like I will go with Speedy's point #2 argument above.

    Would love to not have to make the two hour trip and appear in person, so if anyone thinks that a written statement including the info from Speedy in point #2 above would have a good chance of getting me a dismissal please let me know. Otherwise I will just make the trip.

    If anyone sees any additional points I could potentially use in court in case the point#2 argument goes sideways on me, please post.
  • 11-29-2012, 12:10 PM
    BrendanjKeegan
    Re: Advice for Speeding Ticket Asap (Have Discovery Docs)
    Nevermind to my post. Didn't read the last two paragraphs of the report. It has the proper subscription.

    But for the record: how does one "direct" their rear antenna of the SMD unless they're sitting in the back seat... Sorry, but this guy is a dufus.
  • 11-29-2012, 01:04 PM
    rottbach
    Re: Advice for Speeding Ticket Asap (Have Discovery Docs)
    No worries. One thing I was thinking about is that it does not seem there are many contested hearings for traffic in this county based on a comment made by the court clerk. What happens to my argument #2 which Speedy gave me above if the officer shows up in court to testify? Am I hosed at that point or is there nothing he can say which will counter this argument?
  • 11-29-2012, 03:22 PM
    blewis
    Re: Advice for Speeding Ticket Asap (Have Discovery Docs)
    The officer's showing up will have no affect on the "authentication" of the SMD. Just read Speedy's motion verbatim. You cannot submit this argument by mail, since your motion is based upon the Rules of Evidence (specifically ER 901). However, IRLJ 3.5 (a), which governs a Decision on Written Statements, states (in part):

    Quote:

    Quoting IRLJ 3.5 (a)
    The examination may be held in chambers and shall not be governed by the Rules of Evidence.

    Thus, there is no requirement to authenticate the SMD device.

    Barry
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