Discovery Not Received 7 Days Prior in Washington State

I received a speeding citation on January 29th. I contested the ticket and received my hearing notice. I sent my request for discovery via certified mail and have confirmation that it was received by the prosecuting attorney's office (snohomish county) on March 1st. My trial date is March 18th. I also sent a copy to the district court where the hearing will take place, via certified mail. Because the USPS web site wasn't showing that it was received, I attempted to call. Snohomish County district court doesn't answer their phones anymore, but I was able to speak to someone via the Prosecuting Attorney's office and the "infractions desk" who verified that [I]both[I] the prosecutor's office and the court received and filed my discovery request on March 1st.

Today is March 11, 7 days prior to hearing and I have not received my discovery or anything from them. My question is - now what? How do I know for sure they didn't send it (did mail screw up?) - what if I didn't get it because there is no officer's statement? Do I just wait until the hearing and, if I still have nothing, attempt to get the infraction dismissed? What if they show up with the officer's statement but I have never seen it? ...or...what if I receive my discovery tomorrow, or any day prior to the trial?

Advice greatly appreciated!! Thanks

If you don't receive anything by the hearing, move for dismissal pursuant to IRLJ 3.1 (b). If you don't receive it seven days before the hearing, you can move to suppress the affidavit ONLY upon a showing of prejudice -- something pretty hard to do. But, if you don't receive it at all, just move for dismissal.

Barry

Well. Discovery arrived today (figures!) I actually received two separate copies. Both have a computerized print out from their database of the infraction but only one contains another sheet of paper titled "Declaration Radar" which appears to be the typewritten statement from the officer. I cannot tell when the report was filed and don't know how I'll be able to confirm that since Snohomish County court does not have real people answering phones anymore.

I think I'm sunk. It's now my word against his and he's the cop. Here's the situation:

I was driving my kids to my in laws, using a road I don't normally travel (SR 524) There are no posted signs for a full 2 miles and I honestly didn't know the speed limit was 35. However, I also don't believe I could have possibly been going the 51 he cited me for because I had just been stopped at a red light, went through the intersection, turning onto SR524 and the had to proceed around a curve in the road and 2 lanes narrowing to 1. The distance is not very far, I would have to have stomped, and stood on the gas pedal to get that fast in that distance. I recall that I was passing a very slow car in the other lane, but didn't say that to the officer (feared making things worse, I've never had a speeding ticket and this was only my second time ever being pulled over) - The officer was on a motorcyle, in the oncoming direction, in a long line of vehicles (he was about 3rd or 4th in line) - he had a very short period of time to see me, let alone get a radar reading, but I don't know how those things work. Essentially, when I came around the corner, I saw the line of cars, and him, he flashed his lights and pointed at me. No time lapse at all.

When he asked me what the speed limit was I said "45" (I was wrong) When he asked how fast I was going, I said 45. In retrospect, I probably shouldn't have said that.

His sworn statement says "Defendant didn't know the speed limit to be 35mph and estimated his/her speed to be 45 mph prior to the stop." It also contains "I observed the defendant's vehicle traveling toward me rapidly. The defendant's vehicle was in the lead. I visually estimated the defendant's speed to be 50mph, in a clearly posted 35mph zone. Based upon this estimate, I engaged the defendant's vehicle with my radar unit. As the defendant's vehicle entered the radar field, an audio doppler signal was emitted, which was consistent with my initial visual observation of the defendant's vehicle speed and the digital readout. The digital readout on the radar unit showed the speed to be 51mph. I had a clear and unobstructed view of the defendant's vehicle and I'm certain that the radar unit reading was obtained on the defendant's vehicle."

So. I think the only thing I have is that it is most definitely not a "clearly posted 35mph zone" - but I know that's weak. What do I do. Ugh.

Did you also receive the radar certification? Is there any way you can scan in ALL the documents you received? And you "no signs" argument may not be as weak as you think. Exactly where did you turn onto 524 and were you going east or west?

Barry

Thank you so much for helping me! I will try to scan the docs and upload.

To answer your question: I was at the stoplight (traveling Northbound on 9th Ave SE) waiting for green light to take a Left onto Filbert/SR524. I was then heading Westbound on SR524. Citation says it was written at 20300 Filbert Rd but I actually pulled over about a block or two before that (east of there) - it doesn't matter though, because I just went back up there today. There are no posted speed limit signs in the Westbound direction from 9th Ave SE (where I got onto SR 524) until just past the North Rd/Damson Rd intersection with Filbert/SR524. I wanted to take some pictures but there was a state patrol guy staked out with his radar gun. I'll try to go back up there and park somewhere and walk it with my camera (would pictures help me in this?)

I just noticed that the officer's sworn statement says "I observed the defendant's vehicle traveling toward me rapidly EB bound" - but, I was actually going West, he was going East. Again though, it's my word against his - how do I prove I wasn't headed East?

If you have a video camera, just have someone drive the route while you video it (YOU actually need to do the videoing so that you can testify that it is YOUR video). Personally, I would argue that I had just turned onto a STATE highway (RCW 46.61.400 sets the maximum speed limit on state highways at 60). The highway was five lanes wide, two in each direction with a two-way left turn lane in the center. Since I entered at a fairly major intersection and there is NO speed limit sign, why should I have ASSUMED that the speed limit was 35? Furthermore, the officer's sworn statement says that the speed limit is "clearly posted", yet, as you can see from my video there are NO signs AT ALL between where I turned onto SR 524 and where I was pulled over.

Here is your "legal" argument: (You need to note these authorities -- print out the laws and take them with you). First is RCW 46.61.400 as noted above. This sets the "default" speed limit on State highways to 60. RCW 46.61.415 gives local authorities the power to modify those maximum limits. However, it states (in part):

Quote:

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Quoting RCW 46.61.415

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(4) Any altered limit established as hereinbefore authorized shall be effective when appropriate signs giving notice thereof are erected.

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Next is RCW 46.61.050, which states in paragraph (2):

Quote:

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Quoting RCW 46.61.050

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(2) No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible or visible to be seen by an ordinarily observant person.

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So, .415 REQUIRES the signs before they can become effective, and .050 says the laws cannot be enforced unless the appropriate signs are in the "proper position". In other words, you are not expected to be a mind reader.

Personally, I think you might win this one. Be sure to call the Clerk and let them know you will be introducing a video.

Barry

Thanks - I'll try to get a video.

I scanned my documents but can't figure out how to attach them in the reply thread (sorry, I'm new at this!) :(

What do I do about the fact that he said I was going EB, but i wasn't. There are speed limit signs in that area in the EB direction (but not the WB)

You'll have to upload the images to a service, such as photobucket.com. Then create a link using the IMG and /IMG sentinels. The easiest thing to do is find a post that contains an image and press the QUOTE button in the lower right corner. You will see how it works.

Barry

Ok - I hope i did this right. Here is the link to the docs:

http://pbckt.com/sL.6cW

Quote:

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Quoting pande

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Ok - I hope i did this right. Here is the link to the docs:

http://pbckt.com/sL.6cW

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It looks like you were cited for RCW 46.61.400.16U, which doesn't seem to exist here: http://apps.leg.wa.gov/RCW/default.aspx?cite=46.61.400

disclaimer: I'm new here and don't really know what I'm doing, but I would move to dismiss since it seems you were cited using a non-existent RCW. Can anyone else chime in on the accuracy of that?