Washington Speeding: Wrong Date in Officer's Statement

Ahh... Shoreline. That's my home court. (The one where I won my first case...ahh reminiscent of the years...)

HELLO, Mr. Brendan. finally I found your responce of Qs in this thread from my forum. Thak You for clearing all the clouds over my head shedding your knowledgable light.

My hearing date is coming 1st week in april, I'l defenatley send a letter of discovery to the city for officer's lidar calibration tuning forks test logs before & after stops, his training certificates, in that perticular radar/lidar directional golden eagle II which was used in my case.

can you please tell me the VALID method of serving this discovery request, I am not sure how to do that.

By the way I found more mistakes in the officer's statement, date & place is missing in his sworn statement . No sign,no date and no place. Instead officer's printed name, badge # and ----county sherrif's office( looks as a palce).

CONGRATULATION FOR YOUR WIN Mr Skisteven1 & THANK YOU for your responce to my 'ongoing demand' explanation Help

the prosecutor will not provide you with the radar calibration etc.....all they are required to provide you is a copy of the infraction, the affidavit.

The info regarding the tuning forks and radar unit will be on file with the court.

It sounds like you already have your affidavit and from what i have read you have a couple arguments.

1. this may be a long shot but motion the judge to surpress the affidavit as the affidavit is not properly sworn in accordance with rcw 9a 72 085. It is not dated nor does the officer indictate where it was signed.


2. the radar unit was tested by the officer both before and after the stop. But he does not say when and is describing an indefinte period of time

3. YOUR HOMERUN!!! the officer has written conflicting information as to when the infraction ooccured.....10th or the 12th.....


And you dont need to respond to the prosecutors request unless you plan on calling witnesses.....

THANKS Colemac65, for your 3 best defence shots for my case. The only weakness in my defence is language/english. I was using Dictionary for communication in this forum. I am OK with my job/daily use of english, my little language mistake doesn't make any defference in my daily life. But in the court a little language mistake can change the verdict.

So I have checked X need interperator in NOI while responding the notice. In case the court doesn't provide me interperator in the court, can I motion for dismiss on the grounds of the Law RCW 2.43.010

YOUR HELP IS APPRICIATED , THANK YOU .

Yeah, Colemac65 pretty much said it. I couldn't have said it better.

The prosecution will most likely say that they do not need to respond to your second discovery request as outlined by Colemac65, however, you may get information back that could help immensely with your case. As I always say, "It doesn't hurt to try."

About using the interpreter: Perfect. Excellent. Just copy and paste the motions you wish to use into a word processing program (word, textedit, works, etc.). You can point to them, one at a time, and have the interpreter read each one of them. This will make his job a lot easier.

If the court doesn't provide you with an interpreter, then yes, you can ask for dismissal based on RCW 2.43.010. I highly doubt this will happen though. The court will have the interpreter there for you. If they don't: yes, ask for dismissal. If it isn't granted, try your best to use your motions. If you can't read them and you end up losing, then when you see the court clerk, ask for appeal forms. But again, there is a 2 in 200 million chance that this will happen.

What COULD happen is the court could be unable to find you an interpreter. If this is the case, do not let them reschedule the hearing date. Object to any rescheduling by saying: "Your honor, the defense has prepared its case and is ready to present today, right now. The defense hereby objects to any rescheduling of my hearing date. If the court has failed to provide me with an interpreter as prescribed by RCW 2.43.010 then the defense motions for dismissal."

I hope this clears up anything that you're scared about. Court can be a scary place, but when you've got the law on your side and you come prepared then more often times then not you will find yourself rewarded. It's really nothing to be frightened of, really. Let the courts work for you. After all, you pay your taxes for them to exist.

As always, more questions will be answered. :)

Brendan

THANK YOU , Mr. Brenden.Mr Colemac,Mr Blewis and all good guys for helping me.

I am starting to organize all of my shots in a way that in case one fails, can use other.