Quote Quoting russoturristo
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But then I read the discovery's front page and there was something new to me, I'm quoting the last paragraph:
" All other discovery is your responsibility to obtain from the proper agency.
Speed measuring and/or weight scale certificates are available for inspection in the Courtroom. See IRLJ 6.6(d)"
So I'm kinda lost on how to proceed. I'm used to receiving the certificates. I'm also used to move for dismissal if the certificate was missing.
Yet in this case it clearly states that it's my responsibility to obtain it.
I did check the SMD's tag on the WASP's website and found the certificate there. Is it the way how it's done now? Is everyone supposed to be aware of where and how to obtain the certificates?
Or can she still try to dismiss the ticket due to missing certificate in the discovery?
P.S.
Is defferal allowed only before taking the stand or can it be taken as an option if the judge doesn't dismiss the ticket?
IRLJ 3.1(b) specifies 3 items required to be provided in a discovery response. The IRLJ 6.6 certificate is not a required item for the prosecution to provide but should be filed at the court. At least a few judges will not recognize the WSP site and require that it also be at the court.

However I think that it’s very much in your wife’s favor that the discovery states, “Speed measuring and/or weight scale certificates are available for inspection in the Courtroom. See IRLJ 6.6(d)" and they are NOT giving you the web site.

Per the instructions from the prosecution, in your wife’s case the judge probably will suppress and dismiss if the current cert is not filed at the court, so she should definitely check either on the day of her hearing or sooner. If filed she should check to see if it is current and to see if the tuning forks match the officer’s affidavit, and if not move to exclude or suppress.

She can always ask the judge if deferral is allowed pending outcome of preliminary motions.

Quote Quoting russoturristo
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Looks like deferral is her best option since I wasn't able to find any mistakes in the report and the SMD certificate is valid.
How do you know there are no mistakes in the report? If you want help with that, upload digital photos or scans (with personal id and citation number redacted) to any free image hosting site and link them here in your thread. Also the SMD certificate may NOT be valid, since per the prosecution it must be available at the court.

Oops I forgot probably the auto moderation won’t let you upload links. Maybe you could send them in a private message which I will later quote here.