Can You Get a Ticket Dismissed if Discovery Doesn't State the Date it Was Filed

My question involves a traffic ticket from the state of: Washington

Overtook a cop that was not in easily identifiable patrol car. Got Speeding ticket : 77 mph on 60 mpg zone

Send following request for discovery :
1. A list of the witnesses the plaintiff intends to call at the hearing.
2. A copy of the citing officer's sworn statement.
3. Calibration and certification log for the SMD used on July 17, 2015 in issuance of Citation ########, if not on file with the court pursuant to IRLJ 6.6(d).
4. Any video of the infraction and the traffic stop on July 17, 2015.
5. Speedometer calibration and Maintenance record for the vehicle used by the officer on July 17, 2015 in issuance of
Citation ########

Received Following Discovery for hearing on 15th Sep that seems to be incomplete :

http://s15.postimg.org/cg5zezf7v/Discovery_Page1.jpg
http://s15.postimg.org/oql5ttx3f/Discover_Page2.jpg
http://s13.postimg.org/pdor7nsrb/Discovery_Page3.jpg
http://s23.postimg.org/wheeo86sr/Discovery_Page4.jpg

Questions

1. Can I motion for dismissal of case on grounds that there is no indication of when the infraction was filed with the court pursuant to IRLJ 2.2(d)? Please let me know if the date is present and I am not seeing it.
2. Can I motion for dismissal of Officers sworn statement on the ground that there is no signature in the document. Are documents authenticated with username and password admissible in court?
3. If the above 2 are not advisable, shall I directly motion for deferral on grounds that I have never got a ticket before in my life.

Thanks to everyone for the help and advice.

What makes you think they have to show the filing date on the ticket? All IRLJ2.2(d) says is it had to have been filed without 5 days.
What is printed on your copy is sufficient to show the officer's signature.

You are eligible for a deferral if you haven't gotten a deferral in the past seven years (sounds like you meet that). Of course, it only inhibits the reporting of the conviction. You still have to pay the fine and pay for and attend traffic school and if you do get another ticket in the next year, it will all be for naught.

In that case I would try to get the filing date from the clerk of the court. I have reasons to believe that the cop may not have filed the infraction within 5 working days. Please let me know if there is another way of getting the filing date.

Thanks for the response.

Yes, the clerk is the best way to get the filing date.

The ticket is electronically signed per GR 30 (d) (2) (D) so you have nothing to argue there.

A deferred finding might be your best option, but also you can probably approach the prosecutor a few minutes before your hearing and ask about amending to a non-moving violation. That saves your deferral for future use.

Also to correct an earlier post, deferral does not require traffic school. A couple municipal courts in the area do have traffic school as an additional option instead of deferral, but that’s not available at the county court you will attend.

Hi,

I asked the clerk and the violation was filed on same day. I had doubts because I overheard the cop that he was proceeding on vacation but looks like he filed before leaving.

If the prosecutor rejects the demand for amending to a non-moving violation, can I motion for the same? Here is what I plan to say:

1) Your Honor, I'll like to motion for amending this traffic infraction to a non-moving violation on the following Grounds. On 17th July, I entered 520 West from Redmond way with a batch of traffic @ 65 mph and we increased our speed to merge with another batch of traffic in 520 that came from Avondale. This merged traffic batch was moving between 65mph and 70 mph. While merging I had pulled to the left most lane on the free way. Later when I was closing the exit to 40th street that I had to take, I saw that for reasons unknown to me this batch of traffic had failed to expand along the 520 West even though the freeway ahead of us was all empty. I had to change lanes to make my exit and when I checked around me, there was good amount of traffic to my right and my back and none to my front. So I decided to pull out of the batch so that I can "SAFELY" change lanes to make my exit. As I pulled out and checked my mirrors for changing the lanes, I saw cop car lights flashing!
Now I have reviewed my position in traffic and still conclude that given how the traffic had concentrated in a batch just behind the cop car, pulling ahead to make the exit was the safe thing to do given that I was in the correct lane to overtake the traffic. I have a perfectly clean driving record from last 18 years and have following 2 requests : 1) Amend this traffic infraction to a non-moving violation 2) Reduce fine to 12 MPH over instead of 17 MPH over as the entire traffic in vicinity was moving between 65 mph and 70 mph.

If the amendment is rejected by Judge :

2) I'll like to "motion for deferring" this infraction on grounds that I have never received a traffic violation before in the whole of United States.

Please review the above and provide feedback on following:
1) Can I motion for deferral after the first motion is rejected?
2) Is my legal language correct or should I reword my motion?
3) What is the probability of first motion succeeding? How can I increase this probability?

Thanks for all the help.

The judge cannot amend your charge but can grant a deferred finding if the prosecutor does not offer anything acceptable to you. Your proposed explanation to the judge is actually more suited to mitigation. No testimony is needed when asking for deferral.

Thanks,

In that case I 'll go ahead with contesting the ticket (Motion for dismissal) with the same explanation adding that I had no other option but to pull ahead. I'll see how much the prosecutor is ready to concede and if he does not make it a non moving violation, I'll motion for deferral. Officers statement which says that there was only one car in his front further strengthens my claims.

I'll not directly go for mitigation because in negotiations you normally get lesser than what you asked for!

You are suggesting that you would like to testify in your own defense. Your testimony is NOT a motion for dismissal, and testimony is done after motions. Being blocked from making your exit is not a defense because you would be admitting to speeding, so in all likelihood you will lose. You did in fact have another option—to proceed to the next exit. It’s sort of analogous to a pilot who aborts a landing because something isn’t safe.

Here’s what I would do in your situation:

1. Arrive at least 30 minutes early and ask a clerk for the certifications on file. Verify that a calibration certificate is on file at the court for the radar unit used by the officer. If it is available online but not physically filed at the court, you can move for suppression of radar evidence per IRLJ 6.6(d). Motions are made immediately when called—before the judge reads the officer’s statement into the record and before you are sworn in for testimony.
2. A few minutes before your hearing begins, try speaking to the prosecutor. If you are offered a non-moving violation without too steep of a fine, that is probably your best option.
3. If you can’t make a deal with the prosecutor and/or the certificate is filed at the court, ask the judge immediately for a deferral. If you testify and lose, usually at that point you can’t get a deferral.