Wrong Infraction Date Officer's Statement in Discovery

So you're worried that they're going to amend the ticket? Not probable. And even if it was, you can argue that the ticket has already filed. My motion for that would be:

"Your honor, I have already built a case around the date of the ticket being separate from the date of the signed affidavit. The ticket has been filed and I filed a discovery request and received the wrong information that is being used against me in court. Clearly, the prosecution is depriving this defendant of his right to discovery. Defense motions for dismissal."

If the judge says something to the effect of "no," or, "I see no merit in that motion," then make a motion for extension:

"Your honor, defense motions for an extension in the date and time of the hearing for I have not had ample time to build a defense based on the facts of the prosecution's foundation."

If that doesn't work, the case is pretty much closed and you have lost. However, you would now have immediate grounds for appeal and the judgement would be overturned. The chance of this happening are not probable at all because the overturning of a ruling would ruin the judge who first tried your case.

Brendan

Thaks Brendan giving relief to my worry. I defenately use your deffence motion for dismissal at first, hopefully it'l work, if not I have another plans to discuss.

Plan 1; I'l ask the officer to bring his RADAR Logs Before and After the stop.
He will probably bring the radar logs based on date of citaion --/12/---that will conflict to his own sworn statement dated--/10/----.Q can I ask a motion for dismissal on this ground and in the word what should I say in court. but there is risk involve, for asking a RADAR logs in 2nd/new discovery in writing before the hearing date they might notice
their mistake and send me a new ammendid/corrected officer's statement .

Plan 2; In the discovery city prosecter has made ONGOING DEMAND saying Persuant to IRLJ 3.1(b) the city herby reqests all discoverable materials in the possesion of, or available to the deffendent, including, but not limited to, a list of witnesses that deffendent intend to call at the contested hearing including their names,adresses and phone numbers, a summary of the expected testimony of defence witnesses. THIS IS AN ONGOING DEMAND

Q 2 How can I Provide all that info to prosecuter on Demand when I was deprived from my right to collect it from my witnesses at first on the spot. Just imagine from my/deffendent's point of veiw, you are stopped by a officer for speeding violation and let you go without charging/serving/issuing any citation or even telling/informing you that he is intended to send you a citation by mail in the future. After 2 weeks he comes back equipped/armed with all the tools, evidences and witnesses needed to defeat you in the court and chellenge you to deffend yourself while snatching your opportunity to collect your tools (i.e evidences, names adresses and phone numbers of witnesses) at first. NOTE; Even though the officer filed the citation timely (hext day) but it come to my knwolege after 2 weeks by mail through prosecuter.Isn't this ridiculous/unfair the prosecuter wants my expected/future testimony in advance which is the only tool I have to deffend myself inthe other hand they hesitated to inform me the charges against me in the begining

That is the reason why I raised the issue of RCW 46.64.015 which is critical for deffendent I can discuss thiis in detail in the next post

I am now really confused. Normally, the prosecution will not file a discovery request. The best way in my opinion is to send them a letter stating that in response to their discovery you will not use any witnesses.

Did you subpoena the officer? If so, there's not much you can do about this case. However, if you haven't then DON'T. I have never heard of a defendant winning a case in which they had subpoenaed the officer.

If you haven't subpoenaed the officer there will most likely not be a prosecutor in court. Which is a good thing. It will simply be you and a trier of facts (the judge). Thus making it easier to win your case because you don't have ant arguments from the prosecution. (The prosecution has rested their case by not showing in court)

See the other thread for an answer to your question about ongoing demand. The starter of the other thread answered that correctly.

I'm still trying to understand what those questions were. If I didn't address them correctly, let me know.

Brendan

Hello, Mr. Brendan. Good afternoon. How are you. THANK YOU for continuence responce.

At first time when I go to court-clerk' office, I requeted a discovery of my case. Clerk told me to write this request on a plain paper, so I wrote this;

I -- (name of deffendent)--,resindent of---(address)--,wa. here by request for Discovery, All the proof, proof of Evidences and SUBPOENA OF OFFICER RELATED TO MY INFRACTION NUMBER--------Dated --/12/----.

Please provide me all of above Discovery & other Documents Related to my case A.S.A.P. Thank You. sign,name , address & phone# of deffendent.


I requested clerk to make a copy of my documents stamp it with received on date----,
give to me.


A Week later I recieved mail from court-clerk attached 5 pages.

Page 1 cover letter/copy ; from city,dated & signed by Associate City Attorney saying;
CITY'S RESPONSE TO THE DEFENDANT'S DICOVERY DEMAND,
CITY'S DEMAND FOR DISCOVERY AND
CITY'S WITNESS LIST

SAYING; enclosed information [X] Copy of citaion(s) and Officer's Notes [X] Witness list(see below) [SMD Certificate.

City's list of possible includes 1) officer 2)above named defendant 3)----(name of radar tech & facility adress).

PAGE 2 Computer Generated Copy of citation (front page only no notes or back copy).

Page 3 A Printed Copy of Officer's Statement ; certify (declare) under penalty of perjury under the law of WA, with additional notes that driver/violator/defendat saw him yet drove drove 46 in25 mph zone,[x]the driver had no idea of their own vehicle speed.

PLEASE NOTE :- How could be this cnsider a Legal Document/statement when officer has not signed & Dated & Place in the presence of NOTARY (No NOTARY STAMP OR DATE & SIGN OF NOTARY) ????.


Page 4 (2 parts/pages) (p1) RADAR Technician's certified Statement under oath of NOTARY PUBLIC . STAMPED, Signed, Dated & Place by BOTH TECH AND NOTARY.


I have Q regarding city's/plantiff's ON GOING DEMAND FOR DISCOVERY and summary of the expected testimony of defence witnesses from Defendant pursuant to IRLJ 3.1 (b).
While city says ; Any SMD certificate(if any) provided with this packet is a courtsey,and is not required under IRLJ 3.1(b).

PL NOTE:- I have read the IRLJ 3.1(b) ,I could'nt find a word(pls let me know if you find) that Defendant is required to provide a discovery and summary of expected testimony of defence witnesses to the plantiff. OR city/plantiff is not require to provide SMD certificates in the Discovery to the defendent persuant to IRLJ 3.1(b).


I have more Qs, thougts and discussion later in the next post

NOW , I checked the whole content of IRLJ 3.1. In part (a) it says;(a) Subpoena. The defendant and the plaintiff may subpoena witnesses
necessary for the presentation of their respective cases. Witnesses should be
served at least 7 days before the hearing. The subpoena may be issued by a
judge, court commissioner, or clerk of the court or by a party's lawyer. If a
party's lawyer issues a subpoena, a copy shall be filed with the court and with
the office of the prosecuting authority assigned to the court in which the
infraction is filed on the same day it is sent out for service. A request that
an officer appear at a contested hearing pursuant to rule 3.3(c) shall be filed
on a separate pleading. A subpoena may be directed for service within their
jurisdiction to the sheriff of any county or any peace officer of any
municipality in the state in which the witness may be or it may be served as
provided in CR 45(c), or it may be served by first-class mail, postage prepaid,
sent to the witnesses' last known address. Service by mail shall be deemed
complete upon the third day following the day upon which the subpoena was
placed in the mail. If the subpoena is for a witness outside the county, a
judge must approve of the subpoena.


But city/attorney has reffferd me IRLJ 3.1(b) for their discovery demand which is not written in part (b) instead it is in the part (a) and only to subpoena the witnesses.

Q Can I ask the judge to reject/dismiss the city's demand based on Wrong Subclouse of statue/law, becouse IRLJ 3.1(b) only reffered to, Discovery. Upon written demsnd of the defendant

(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 plaintiff's lawyer shall at least 7 days before the hearing provide the
defendant or the defendant's lawyer with a copy of the citing officer's sworn
statement and with the names of any witnesses not identified in the citing
officer's sworn statement. If the prosecuting authority provides the citing
officer's sworn statement less than 7 days before the hearing but not later
than one day before the hearing, the citing officer's sworn statement 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 the citing officer's sworn statement, the
statement shall be suppressed. No other discovery shall be required. 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.

PL NOTE:- I haven't filed a request for officer's subpoena under rule persuant to IRLJ 3.3(C).

THIS IS VERY SIMPLE!~ the notice of infraction says the infraction was allegedly committed on the 12th, yet the "evidence" states that the infraction was committed on the 10th, this is a BIG PROBLEM! motion the judge to dismiss as the officers affidavit states a date that was two days prior to the date the infraction occurred according to the NOI.

If the judge does not grant your motion, ask the judge when he is determining the infraction allegedly occured, if he says the 10th, verify the filing date...(if its outside of the 5 day rule move for dismissal) for untimely filing of the NOI. I do not think you will even need to look at this, but good to keep in mind.

The discrepancies in the dates on the affidavit vs the NOI should be enough for a dismissal.

You dont need to respond to the discovery request that they sent you unless you have subpoenad witnesses. also if this case is in Seatac Municipal or KCDC, state v leach argument works as well! SEATAC MUNI==no prosecutor.

Also just wondering as an afterthought here. But are you looking at the notice of infraction make sure you are reading it correctly. In the top boxes it should say date of the infraction of 01-12-2010. Make sure you are looking at it as the violation date and issue date...the violation date near the top is critical. because they can issue a ticket at a later date.

ALSO as a side note, In Washington, Law Enforcement Officers have 24/7 General Authority. They can write you a ticket or haul your ass off to jail on the clock or not. Now, they are NOT required to act unless it is a felony in their presence, but if they choose to, they can enforce laws off duty...department policy may differ, but law does not, so i wouldnt even bother determining if the officer was "on duty" or not, because it will not change the outcome.

And on 1 more note, and BARRY you may find this interesting, is the most common 6.6 affidavits are prepared by Day wireless systems, where Mr Cole, the technition has his signature notarized, but he does not date it or inform location, in lieu of that he has it notarized. now i know there is case law that does not require the location but a friend of mine argued in Orting Muni that Mr cole had not met the requirements of rcw 9a.7.085. The notary is stating that she witnessed his signature, but the person making the statement did not meet the requirements and intern the judge surpressed and dismissed! i know its a long shot, but worth putting up here. I will give it a shot in the future should i be wrongfully accused of exceeding the posted speed limit. Needless to say, i am trying to be very cogniscent of my speed from here on out :-)

Welcome and Thank You Mr. Colemac65, For reminding me to double check the discrepancies in dates. I checked citation date is --/12/----,I confirmed it my own logs when I was working, but officer's sworn ? statement says --/10/----.
I'l take this my 1st motion for dissmissal in defence.

Since Officer's statement is not NOTARIZED by Notary Public,SIGNED & DATED by both officer & notary, is this LEGALY acceptable Document/witness in the court. (technicaly it's not under the oath).If not then I'l
consider this as a back up defence.

I couldn't have said it better than colemac65 myself. The officer's statement is a legal document. I wouldn't go after the statement in general unless you happen to find a court rule or law against what you described.

@colemac65: I'm pretty sure courts have taken judicial notice that an officer is not allowed to serve an infraction on a violator while off duty. I'm trying to find the exact reference to cite, but I'm having little luck. It could be State v. Leach... or maybe it's Seattle v. Peterson... I'm currently looking for it. I will post if I make any findings.

Brendan

I am not expert/ proffessional in this feild, not even gone to school for for English in U S. what I found here is; RCW 9A.72.085
Unsworn statements, certification.

Whenever, under any law of this state or under any rule, order, or requirement made under the law of this state, any matter in an official proceeding is required or permitted to be supported, evidenced, established, or proved by a person's sworn written statement, declaration, verification, certificate, oath, or affidavit, the matter may with like force and effect be supported, evidenced, established, or proved in the official proceeding by an unsworn written statement, declaration, verification, or certificate, which:

(1) Recites that it is certified or declared by the person to be true under penalty of perjury;

(2) Is subscribed by the person;

(3) States the date and place of its execution; and

(4) States that it is so certified or declared under the laws of the state of Washington.

The certification or declaration may be in substantially the following form:


"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct":
. . . . . . . . . . . . . . . . . . . . . . . .
(Date and Place) (Signature)


This section does not apply to writings requiring an acknowledgement, depositions, oaths of office, or oaths required to be taken before a special official other than a notary public.


Q What is the purpose of this law ?

pardon my slow typing

My future fear is , in case prosecter finds the error of wrong date in officer's statement ,he ammends/corrects signs notarizes and mail to me before my court date. Can I Q the credability of new ammrnded statement becouse of change of element after filing in the court. I hope and pray that my fear will not become fact it will remain fiction