Insufficient Response to a Request for Discovery

no, nothing dealing with alcohol. just speeding 50/35 And this is the 1st ticket

Quote:

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Quoting andrew777

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when we called to the court asked about filing date, the clerk told us the 8th of Sep but the ticket was issued in Aug.29th-with all deductions days/holidays and weekends/ it was 6th. And we went to the court and received a copy of the filed date and noticed the different date of filing. In that paper was said that ticket received from the officer was 4th of Sep at 8:30 p.m - it means after business hours and then go weekends with the holiday. But court filed the case only after holidays-8th Sep. What is the most important date in this case and can I request for dismiss?
Thanks a lot

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Based on additional details you provided, it appears you are correct that the ticket was filed late. Again, there might be other defenses if you could link copies of the ticket and officer’s statement in this thread.

Here are my suggestions at this time:

1. Go early on your court day and check for the calibration certificate. If they didn’t send it with discovery then it must be filed at the court. Check for the possible issues with the cert that I mentioned earlier.
2. When your case is called, announce that you have a preliminary motion. Do that before the judge reads the officer’s statement into the record and swears you in for testimony.
3. Say to the judge, “Your honor, I move for dismissal pursuant to IRLJ 2.2(d). The officer did not file the ticket within 5 days of issuance. Rule GR 30(c)(1) states, “An electronic document is filed when it is received by the clerk's designated computer during the clerk's business hours; otherwise the document is considered filed at the beginning of the next business day.’ This ticket was filed at 8:30 pm after day 5, and therefore should be regarded as day 6.”

If you find any issues with the calibration certificate, that would provide an additional motion to suppress the speed reading due to lack of foundation (in the unlikely event your late filing motion is denied).

This is confusing to us because there is no any deal with blood alcohol.......

Thanks a lot. I will go tomorrow to the court and ask for Calibration certificate.

here is the link for the officer's statement https://pp.vk.me/c625322/v625322661/...9fwCmyl484.jpg
this is my traffic ticket https://pp.vk.me/c625322/v625322661/...KeEC10f7SY.jpg

Based on the officer’s sworn statement, here is a second issue you can raise as a preliminary motion:

“Your honor, I move to suppress the radar speed reading due to lack of foundation. The officer did not say WHO tested the radar. He only states that it was tested. Since he did not indicate any personal knowledge of testing as required by ER 602, his reference about testing with tuning forks should be regarded as hearsay. ”

If the judge agrees to suppress the radar, then move to dismiss for lack of evidence.

Thanks a lot, dear friend! But today i received another information from the inspector of Radars: (WSP) <A@wsp.wa.gov>
Mr...
The traffic infraction that you have questions about is not from the Washington State Patrol and the radar is not one that we keep track of.

The infraction is from the King County Sheriff’s Department. The radar unit used is a Stalker II serial number AS008884. It is certified by Day Wireless and the certification should be on file with the court.

It appears that the Deputy first saw you in the 1900 block and followed you for 4 blocks and issued the citation in the 1500 block where you were pulled over.

I do not see any statements about the weather conditions but the date and time are on the infraction.

Hope this helps.

T...

From:

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Thanks a lot again. I tried to write a motion before the hearing. Is it enough 3 days before the Court? How do you think? Because we will bring on Tuesday in written form the motion for the judge(we know his name) I think I will mention about 1)late file 2)to suppress the Radar 3)lack of evidence. And one more, I noticed that Expert of Radar showed the infraction of date and day time. In the officer's statement he wrote "at approximately 0141 hours, I was stopped facing..." He did not mention that it was night time and stormy weather. Besides, in the sworn statement I noticed his middle initial but not in the ticket. Is it ok? And he stopped us on absolutely another str. which is not mentioned in the ticket. He could not stop us at the 1500 Ashworth ave. because it was the hill. Please, if you have time, give me some advice.
Thanks in advance

The motion samples I have already suggested are the ones that I believe apply to your case. If you are going to Shoreline District Court, it should not be necessary to submit written motions. I would NOT do written motions unless required by rules, because it actually somewhat helps the prosecution. You can orally read them to the judge immediately when your case is called, before the judge reads the officer’s statement into the record and before you are sworn in for testimony.

You are correct that the radar is not from the State Patrol. The poster who mentioned that earlier made some good points but was not familiar with the ticket location and which police agency was involved.

The weather conditions and middle initial don’t matter at all because those details are not required. Also I doubt that the address a few blocks further that he listed for the location of the stop will matter. What matters is that the rule for prompt filing was violated and the hearsay reference to testing invalidates radar evidence. Any major issues with the calibration certificate would also suppress radar evidence.

This is a certificate of SMD/StalkerII Radar which I received today from the court.https://pp.vk.me/c624823/v624823661/...XSJu5_m93o.jpg I noticed that the last day of testing was July 9, 2012 but the Calibration cycle is 2 years. Is it infraction? And this was the only document dealing with the serial # AS008884 of the Radar
There was not any info about testing before and after shift of the officer. No evidence of my car photo, nothing. Please, give me some more advice.
Thanks in advance

So the certificate expired on July 9, 2014 which was 2 years after the test date, and has been out-of-date for well over a year. That gives you a third motion:

“Your honor, I move to suppress the radar speed reading due to lack of foundation. The calibration certificate filed with the court for the Stalker II radar used by the officer with serial number AS008884 is out-of-date. Based on the specified 2 year calibration cycle, the certificate expired on July 9, 2014.”

To summarize, I would present motions in the following order:

1. late filing
2. expired certificate
3. no personal knowledge of testing before/after shift.

The motions to suppress, if granted, should be followed by a motion to dismiss for lack of evidence. Motions 1 and 2 are strong. Either of them should result in automatic dismissal.

Thanks a lot my dear friend! It is very kind of you to help me and spend your time. I will follow your advice and will remember your instructions. GOD BLESS YOU AND YOUR FAMILY. Thank yo very much.........

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This is a certificate of SMD/StalkerII Radar which I received today from the court.https://pp.vk.me/c624823/v624823661/...XSJu5_m93o.jpg I noticed that the last day of testing was July 9, 2012 but the Calibration cycle is 2 years.And my case is in Sep. 2015. Is it infraction? And this was the only document dealing with the serial # AS008884 of the Radar in the Court.
There was not any info at the Court about testing before and after shift of the officer. No evidence of my car photo, nothing. And the officer in his sworn statement mentioned another date of calibration of this unit(12/04/2014) Is any different documents of calibration and testing"? I am confused. I need serious help-in 2 days is Hearing! May be they will bring another doc concerning calibration with the right date, and which they did not provide me before the Contesting Hearing? Please, give me some more advice.
Thanks in advance
Best Regards

If you need serious help immediately, you should hire a lawyer. Based on the info you have previously been given in your thread, you have multiple motions suggested to deliver at the start of the trial at least one or two of which should be successful. Take your copy of the expired certification and proof of the officers filing date with you to court.