Tailgating a Police Vehicle

Here is the officer's entire statement:

"
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Officer's Report for Citation/Notice of Infraction # 1234ABC
The information contained in and attached to this citation/notice of infraction is incorporated by reference into this report.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT I AM ENTERING MY AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT.


Signature: JOHN DOE #: 0123


Date and Place: 6/4/2015 County of HERE

***************************
"

Seems easy to contest to me. How should I go about this?

Thanks,
astranberg

That's the actual statement? with "John Doe" and Infraction #"1234ABC" etc...

There was no evidence. This is a simple motion for lack of evidence, unless you left something out, like an extra page?

"Your Honor, I move to suppress the officer's entire sworn statement and move for dismissal. There is no evince offered in this case at all. The state has not met its burden of proof."

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Quote:

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Quoting JH-Engr

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That's the actual statement? with "John Doe" and Infraction #"1234ABC" etc...

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Likely redacted.

Quote:

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Quoting Speedy Gonzalez

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There was no evidence. This is a simple motion for lack of evidence, unless you left something out, like an extra page?

"Your Honor, I move to suppress the officer's entire sworn statement and move for dismissal. There is no evince offered in this case at all. The state has not met its burden of proof."

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Thank you. I have a question. Does the officer submit a statement after I contest the ticket? I'm wondering if that's the reason he submitted no evidence; because I haven't contested it yet.


Correct, personal information redacted.

How did you get the officer's affidavit if you have not contested the ticket and requested discovery? What counts is what you get after contesting the ticket and requesting discovery, so yes, it is possible that the officer will submit a statement.

Alright, bummer. I didn't realize it was a statement the officer gave after it was contested. I talked to a receptionist at the courthouse and they said they could give me the statement. I guess it isn't the final statement.

I'll post back.

In the meantime, I also received a violation for driving with an expired drivers license (whoops!). There is no option to contest one violation and plead guilty to the other. Do I just do that at the courthouse?

Also, my friends seem to think if I successfully get the following too close dismissed, the expired drivers license is also dismissed since the officer no longer had any reason to pull me over. I don't really believe them, but they want me to ask you all regardless.

Thanks.

Quote:

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Quoting astranberg

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Can I discover the officer's statement before I officially contest?

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Quote:

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Quoting astranberg

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I didn't realize it was a statement the officer gave after it was contested. I talked to a receptionist at the courthouse and they said they could give me the statement. I guess it isn't the final statement.

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First, to “officially contest” means arguing your case in court. When you mail in your ticket with the contested box checked you are simply preserving all your options and requesting a hearing. You are not locked in and there is no downside.

The statement copy provided to you by the clerk should be the exact same statement you will get through discovery. It is the final statement, which the officer should have filed within 5 business days after issuing the ticket (that date is another thing you need to check). Did you read the Procedural Guide as suggested by Speedy Gonzalez?

After you receive a hearing date you can still file for discovery because it could potentially give you another defense (if you file on time and they don’t respond before your hearing). However, if the officer’s statement presently filed at the court is actually missing any testimony at all, you should be able to win a dismissal on that alone. Just announce your motion immediately when the judge calls your case, then read the motion that Speedy suggested.

Fantastic!! That post was ever so helpful and polite. Thank you searcher!

I did read the procedural guide. I'm going submit my contentment and discover this morning.

My only remaining question is what happens to my second violation (driving with an expired license), after the first violation (following too close) is dismissed?

I’m not sure whether the expired license violation would also be dismissed due to lack of probable cause for the stop, but you can try pointing it out to the judge. However if you have since gotten your license renewed, the penalty should be reduced to $50.

Quote:

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Quoting RCW 46.20.015

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Driving without a license — Traffic infraction, when.

(1) Except as expressly exempted by this chapter, it is a traffic infraction and not a misdemeanor under RCW 46.20.005 if a person:

(a) Drives any motor vehicle upon a highway in this state without a valid driver's license issued to Washington residents under this chapter in his or her possession;

(b) Provides the citing officer with an expired driver's license or other valid identifying documentation under RCW 46.20.035 at the time of the stop; and

(c) Is not driving while suspended or revoked in violation of RCW 46.20.342(1) or *46.20.420.

(2) A person who violates this section is subject to a penalty of two hundred fifty dollars. If the person appears in person before the court or submits by mail written proof that he or she obtained a valid license after being cited, the court shall reduce the penalty to fifty dollars.

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Hello everybody,

I received discovery for my ticket in the mail today:
1. "The State does not intend to call any witnesses not listed in the police reports." There are no witnesses listed on the police reports. I'm assuming this indicates that the officer himself will not be a witness; correct?

2. The only other evidence they have is the traffic ticket. Here is the officer's statement:

"
***************************

Officer's Report for Citation/Notice of Infraction # 1234ABC
The information contained in and attached to this citation/notice of infraction is incorporated by reference into this report.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT ALL STATEMENTS MADE HEREIN ARE TRUE AND ACCURATE AND THAT I AM ENTERING MY AUTHORIZED USER ID AND PASSWORD TO AUTHENTICATE IT.


Signature: JOHN DOE #: 0123


Date and Place: 6/4/2015 County of HERE

***************************
"

It seems that the State has little to no evidence against me. Can somebody please help me with my statement to ask for dismissal?
Here's what I have (from SpeedyG): "Your Honor, I move to suppress the officer's entire sworn statement and move for dismissal. There is no evince offered in this case at all. The state has not met its burden of proof."

And thank you for your reply, searcher99.