10 Over in a 35, in Fife, Washington

How long do you think they carry those recordings? I guess it's not worth waiting until after the hearing to ask for them, if I have time perhaps I'll call them and ask...

Also the prosecutor was in and out the room, although not directly there at the time. Before I went to the judge the Prosecutor was sat down at his desk in the front of the courtroom, called me (and the two others not represented by a lawyer one at a time) up, and had me fill out the form which asked for my motions, witnesses, and anything the court should know (I forget the actual wording, I have a copy of the form in my folder) along with my signature and address... This is the form that the judge wrote the date on. He also handed me an additional copy of the discovery information before he dismissed me back to my seat to wait for the judge to call me up.

So now I'm just trying to play out in my head how the actual hearing will go. The hardest part I'm having is figuring when to bring my points up. Taking the advice of someone whom I have talked to outside of this thread, after stating my name and address etc I should state that I would like to make a preliminary motion. Then when granted I should say something along the lines of "Your honor, I respectively request you and motion you to dismiss this case as the city has not properly charged a factual statutory citation or ordinance number on the notice of infraction which is required by IRLJ 2.1 (b) (4). The city instead cited RCW 46.61.400.100.0, and I would contend to this court that there is no such RWC and would request dismissal." Which I hope he would agree on...

Now if he doesn't, I was thinking of bring the dates back up ignoring the fact it was mentioned at the pre-trial "Your honor, I would also like to motion you to dismiss this case based on the court's inability to provide a speedy hearing pursuant to IRLJ 2.6 (a) (i). The hearing was after 45 days from the notice of infraction, *pull out the calendar sheet*, and thus deserves to be dismissed with prejudice pursuant to IRLJ 2.6 (f).

I'm off. Wish me luck.

Good luck.

Man, that was easy!

Well it would seem that the ordinance they cited is correct and that the extra 10.U is the bail code for 10 over and U is for over. 40mph.... The judge agreed with the prosecuter since the court requires they add that to the ticket. He didn't buy that argument a bit, he said he beleived it was IRLJ 6.2 that let them do this, I can't recall 6.2 off my head, but I'll look it up later.

I also made a preliminary motion to dismiss based on the pre-hearing date and showed the calendar. He said he would not change his ruling as it fell on a saturday and it was a holiday weekend so they did it on the next available day... But he did admit to the actual length being 48 days, I really tried for this one, but he said his ruling will stand.

Then the worse news is that the prosecuter had the officer present.... He grilled him with all of the lidar tests, training, etc and that he claimed he approximated my speed before he shot, clear line a sight, distance seemed correct etc etc. At this point I had nothing left, I just said I have no further questions and took the ticket.

The only thing I had left was him shooting accross the medium traffic, but he had already stated he had the line of sight and made his approximations etc, so I didn't even try, it was over...

At least it was only $124...

Thanks for all the help.

Hmm 6.2 is just the fee schedule and some basic rules (court can't change fee, etc). Didn't see anything about adding bail codes or anything of that nature... All well, it's not worth an appeal, I lost.

Your judge has now declared that April 20 is a legal holiday? Wow! I thought RCW 1.16.050 stated:

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Quoting RCW 1.16.050

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The following are legal holidays: Sunday; the first day of January, commonly called New Year's Day; the third Monday of January, being celebrated as the anniversary of the birth of Martin Luther King, Jr.; the third Monday of February to be known as Presidents' Day and to be celebrated as the anniversary of the births of Abraham Lincoln and George Washington; the last Monday of May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the eleventh day of November, to be known as Veterans' Day; the fourth Thursday in November, to be known as Thanksgiving Day; the day immediately following Thanksgiving Day; and the twenty-fifth day of December, commonly called Christmas Day.

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I don't see April 20 in that list. Personally, I'd appeal. First you've got the judge saying that 48 days was really only 45. Then he makes up "holidays" that don't exist in order to further justify his decision.

I think an appeal costs around $200 (that's how they discourage you from appealing). But, if you write a coherent brief and get a transcription of the judge's statements, I think you can win. But, it's a lot of work, and I don't know how successful you'll be at recovering your costs (there's case law that goes both ways -- if you decide to go for it, let me know and I'll provide you with the cites).

But, you've only got 30 days to think about it.

Barry

Well I can try and get a copy of the transcript on Monday and review it. If it is clear enough I can go from there.

Sorry, I wrote that post from my BlackBerry, the post is not exactly the most coherent, but I think it still has most of the the important facts.

I didn't expect the officer to be there, but I guess since the court and police station share the same building it made sense.

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Quoting blewis

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Your judge has now declared that April 20 is a legal holiday?

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I wrote that wrong, I believe he stated that it was a judicial holiday since the court is closed on Mondays, not that it was a legal holiday. This was my fault, I'm not sure why I wrote it like that in my last post.

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Quoting http://www.cityoffife.org/?p=city_departments&a=municipal_court

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Court is in session, and open to the public Tuesday through Friday

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It looks like the tape and transcript is $40:

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Quoting http://www.cityoffife.org/?p=city_departments&a=municipal_court&b=appeals

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The record processing fee is $40.00 per case on appeal. This includes one copy of all recordings of the court proceeding. If you require additional copies of the court proceedings, there is an additional $10.00 per CD.

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I seems to me, reading IRLJ 2.6 (a)(1)(i):

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Quoting IRLJ 2.6 (a)(1)

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(i) If authorized by local court rule, a defendant who requests a contested hearing may first be scheduled for a prehearing conference, which shall be scheduled for not less than 14 days from the date the written notice of the hearing is sent by the court nor more than 45 days from the date of the notice of infraction or the date a default judgment is set aside, unless otherwise agreed by the defendant in writing.

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that it is INCUMBENT upon the court to schedule your hearing so that it IS within the 45 day time limit. If the 45th day falls on Saturday, they should have scheduled it for the previous Friday to assure compliance. It's not like it MUST be scheduled on the 45th day -- they had 45 days within which to schedule it.

You will receive a CD with ALL the cases of that day (or session). You MUST transcribe the CD (or pay for it to be transcribed -- about $15 - $20 per PAGE!) -- you cannot submit the CD for the appeal.

As I said, it's a lot of work.

Barry

Yes and I agree with you and that's the point I tried to make, I guess looking back I could have made my argument stronger, but I made my point and I don't think he was going to change his mind.

Also I'm curious there is no issue with transcribing it yourself? It seems they would get people modifying it in their favor? If I have time I will try and pick it up tomorrow.

And how much of the tape must be transcribed? You said I must transcribe the CD implying the CD in it's entirety!?

To answer your questions: First, your transcription must be signed under oath or a declaration made under penalty of perjury. Just remember that you will be going up against another attorney who will, undoubtedly, also have a copy of the CD and compare it to what you write. Perjury is a felony -- not worth it for a speeding ticket.

Second, you only need to transcribe those portions which are pertainent to your appeal. You are NOT appealling the entire proceedings, just the part about 45 days versus 48 days. So that's all you'll need -- probably no more than three or four pages, depending upon how long the discussion went on. You'll probably also need to download a copy of "For the Record". That's the program several courts that I know of use for recording.

Barry

Ugh no time today. :wallbang:

Ah yes, threats of perjury, that's quite the incentive to keep it verbatim!