Insufficient Response to a Request for Discovery

I received a speed ticket. I sent for Discovery Request. But I received insufficient materials. I did not receive 1.Calibration and certification log for the SDM used on the date of issuance of the ticket.
2. the Washington State Patrol regulations and guidelines regarding the use, operation and policies for the use of speed detection equipment.
3.Copy of the original ticket with a filing date stamp.
While reading the sworn statement of the citing officer I noticed the discrepancy the officer mentioned the location alleged violation, he writes: "I was stopped facing westbound at the 1900 block N 175 st when I started visually tracking this silver sedan..." But in the traffic ticket he mentioned trafficway is 1500 block N 175 St. And this statement as not signed. I went to the District Court and asked the clerk to give me the Copy of the filed traffic ticket. And I found out that it was the 6th day of filing.
Please, help me-can I make a motion for the Court to dismiss the case on the base of these circumstances?
Thanks a lot

You need to read the court rules.

Quote:

---

Quoting IRLJ Sec. 3.1(b). Discovery

---

Upon written demand of the defendant at least 14 days before a contested hearing, filed with the court and served on the office of the prosecuting authority assigned to the court in which the infraction is filed, the prosecuting attorney shall at least 7 days before the hearing provide the defendant or the defendant's lawyer with (1) a copy of the citing officer's sworn statement (2) a copy of video or photographic evidence the prosecutor proposes to introduce at trial, unless in reply to the discovery request the prosecutor provides the address to a website where such evidence is accessible to the defendant; and (3) the names of any witnesses not identified in the citing officer's sworn statement. No other discovery shall be required. If the prosecuting authority provides any portion of the discovery less than 7 days before the hearing, such untimely discovery shall be suppressed only upon a showing of prejudice in the presentation of the defendant's case. If the prosecuting authority, without reasonable excuse or justification, fails to provide any portion of the discovery prior to the day of the hearing, the portion of discovery not provided shall be suppressed. Neither party is precluded from investigating the case, and neither party shall impede another party's investigation. A request for discovery pursuant to this section shall be filed on a separate pleading.

---

You can demand the sun and the moon, but you have no right to obtain through discovery anything beyond the three itemized categories of information set forth in that rule.

For the WSP, you can look up certification records here.

Quote:

---

Quoting andrew777

---

While reading the sworn statement of the citing officer I noticed the discrepancy the officer mentioned the location alleged violation, he writes: "I was stopped facing westbound at the 1900 block N 175 st when I started visually tracking this silver sedan..." But in the traffic ticket he mentioned trafficway is 1500 block N 175 St. And this statement as not signed.

---

I can't see the document from where I'm sitting. It may be electronically signed.

Your description of the "discrepancy" is not clear, nor is it clear why you think it's relevant to your defense. Perhaps you could do a better job explaining the issue.

Quote:

---

Quoting andrew777

---

And I found out that it was the 6th day of filing.

---

Again, you need to do a better job explaining the facts. If you're talking about calendar days, as the five days is calculated "excluding Saturdays, Sundays, and holidays", then it was timely.

In the sworn statement the officer describes one location of infraction: "On 08-29-2015, at approximately 0141 hour, I was stopped facing westbound at the 1900 block of N 175 ST when I started visually tracking this silver sedan, xxxxxxx, traveling westbound away from me at an estimated 50 mph. The speed of the vehicle /violator was measured by my RADAR system to be 50 mph in a posted 35 mph zone"( Then he describes the STALKER II RADAR

And at the end of this statement he says that he caught and pulled the car over.

and he informed me that i was traveling at 50 mph 50 4 blocks past the light while going up to the hill." But in the ticket there is absolutely another address of observation is mentioned- at the block 1500 N 175 ST! May be it was another car? He did not show us the speed records on his Radar. He did not sign his statement. He did not mention about the weather conditions(it was windy, rain and the trees were fallen down-stormy weather). The traffic SIGN -35 was under the trees and over the block 1500.
Is it possible to request for dismiss and do we have any chance in this situation.

Here's an idea. Scan the discovery you got, redact any identifying information, and then post it here using an image hosting service.

The WA experts can then take a look at it in it's entirety and let you know what you might have to work with.

So the officer was sitting at the 1900 block, and saw you traveling toward him from @the 1500 block at an excessive rate of speed? Perhaps you're continuing to explain yourself poorly, but I'm not sure why you believe that's inconsistent.

If by "He did not show us the speed records on his Radar", you're asking if the officer has to show you the speed of your vehicle as displayed on his radar, no, he does not.

Thanks Mr. Knowitall for your help. Well, as for WSP- I tried to look up the certification records but failed. I could not find a STALKER II RADAR SPEED MEASURING DEVICE
# AS008884 WHICH WAS PROVIDED IN the Sworn letter's of the officer.

- - - Updated - - -

No, basically I was driving across the Meridian Ave N on the 175 N str. It means that from 1900 block to 1500 block up to the hill. My question is-why the officer mentioned only 1900 block in his statement but in the traffic ticket he wrote down "at location-175 N str, trafficway-ASHWORTH AV N, block-1500? But we saw him between the 2 blocks standing.

Please, help me! I make right now preparations for the contesting hearing in a week. I received through Discovery Request sworn letter of the officer with the description of the measuring device-STALKER II RADAR with the number AS008884. I wanted to introduce with this device but could not find anywhere with this number. May be it is mistake? Please, help Thanks

You will have to go to the court to view the calibration certificate for that device. The prosecution is not required to send you a copy, but if it is not available at the court then you can move for dismissal per IRLJ 6.6(d). When checking the certificate you should make sure the tuning forks match the officer’s statement, find the policy for how often calibrations are done, and then check the last calibration date to make sure it is current.

As free9man mentioned, we can be more helpful by actually viewing scans or photos of your redacted discovery.

Thank you very much for your help and your time. It is very kind of you to give me a help. Yes, in my Discover Request I asked for Calibration and certification log for the SMD used on 08.29.15 in issuance of citation #xxxxxx, if not on file with the court pursuant to IRLJ 6.6(d) but they did not send us and the prosecuting attorney wrote: ...."Records relating to the testing and/or repair of the BAC Verifier Datamaster are located at the WA State Patrol Test Laboratory in Seattle"! That is. We do not have any evidence, copy, records of high speed made by the Stalker II Radar. Then, because of insufficient info, we sent again request to the prosec. attorney. And besides, 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

Ok, you really need to follow the advice of multiple responders and post scans of what you received in discovery. Your attempts to explain what you have is getting more and more confusing.

Quote:

---

Quoting andrew777

---

the prosecuting attorney wrote: ...."Records relating to the testing and/or repair of the BAC Verifier Datamaster are located at the WA State Patrol Test Laboratory in Seattle"!

---

This is referring to the machine used in Washington State to measure blood alcohol levels in a DUI arrest. It has nothing to do with measuring speed. Are you, in fact, trying to defend against a DUI charge by challenging the initial reason for the stop (speeding)? If that is the case, you really, REALLY need to retain an attorney. This is NOT a DIY undertaking!

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

Quote:

---

Quoting andrew777

---

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

---

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:

- - - Updated - - -

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.........

- - - Updated - - -

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.

Thanks a lottttttttttttttttttttttttt! all my helpers!!!!!!
My case has been dismissed !!!!!!

- - - Updated - - -

Special THANKS TO Mr. SEARCHER99 !!!!!
You gave me very important information and advice and I followed your recommendations! I am happy and glad that here on forum we can receive useful information!
Thanks again
Good Luck everybody!

Was the dismissal due to the out-of-date radar certification?