Speeding Ticket - King County, Washington
My question involves a speeding ticket from the State of: WA
Hello All,
This post is in regard to a speeding ticket I received by the WSP in King County, WA.
I was hoping that I could outline the steps to contesting the ticket that I have found by research this topic and have people look it over to make sure I have all my ducks in a row and to get a few answers to questions that I haven’t been able to find yet.
Here goes:
1. Contest the ticket by mailing it the address on the ticket.
2. Request for Discovery – I understand under IRLJ 3.1(b) this is fairly limited (officer’s statement and witness list). Can and should I request more information? How do I serve the prosecution and file with the court? Can this be done by Certified Return Receipt Required mail? Do I have to go to a courthouse to file with the court, can it be any King County District Courthouse or just the one where the hearing will be held?
3. Verify ticket was filed with court within 5 business days – I think I call the court clerk to get this.
4. Subpoenas - This is a touchy subject online. I think I will subpoena the officer (I want to review the discovery material first though). At least a no-show is another technicality I can use. Is there anything else I can and should subpoena? How do you issue a subpoena? Do I go to the court and fill out a form? Again, can this be done from any district courthouse (I live a ways from the actual venue and don’t want to drive there more often that I need to.)
5. SMD – there is some talk of IRLJ 6.6 online. I think the only way to take advantage of this law is to verify the SMD is certified on public record. Again, would these records be available at any district courthouse? Is there anything else about the SMD I can question? This law only seems to touch the design and construction of the device. What about the calibration? How can I show the device was used properly by the officer?
Last question: once the contested hearing has begun, can I ever change my plea? Is a deferral off-the-table for a change in plea? Can the judge find me guilty and give a deferral?
Please review and let me know if I missed anything or provide me with some answers to lingering questions.
Thanks for your time and good luck to everyone contesting a ticket.
Re: Speeding Ticket - King County, Washington
Below is the procedure that i have used in the past and found to be successful.
1. Make a copy of the ticket for my records (front and back)
2. Check the contested Box and send it in to the courthouse.
3. Request Discovery from the prosecutor ( they are located at KCDC Burien) I personally serve the request on their office, take two copies, one for them, and one for you. they will stamp it "recieved" then walk over to the clerk to file that prooving to the court that you have given your request to the prosecutors office.
4. Wait for your court date and discovery package to come in the mail.
5. 1st thing 1st, when you recieve the discovery, VERIFY THE FILING DATE, REMEMBER irlJ 2.2D GIVES THE OFFICER FIVE DAYS EXCLUDING WEEKENDS AND HOLIDAYS TO FILE THE TICKET WITH THE COURT when you get your discovery, the ticket should be stamped by the clerk with the file date, look at a calendar to verify. You can call the clerk, but note that they write in the docket everytime you call.....doesnt really matter but i dont want the judge seeing that i keep bugging the clerks etc :-)
6. review the officers affadavit closely. look for foundation to the affadavit etc, make sure it is certified pursuant to rcw 9a.72.085 etc.
7. when you recieve your discovery, post it up here on the board, word for word. I am sure there are a few of us that can give you an idea of what "we" would do if it was our case.
8. If you contest a case, and go to court, you can make preliminary motions based on the evidence being used against you. IE, the officers affadavit. Making a motion to surpress an affadavit is simple, as it is usually very easy to argue lack of foundation.
9. My understanding of it is if preliminary motions are denied, you can ask the court for the deferral as nothing has been entered into the record unless of course the judge rules in favor of your motion, therefore the hearing technically hasnt started yet. (others may think differently on this but like i said, just my thought)
10. Let us all know when you have your discovery package so we can all chime in.
Its always fun to see what others are fighting against. I personally have a case that i am getting ready to post up (speeding and cell phone use by WSP on 18 by SMD)
Good Luck!!