My question involves a speeding ticket from the State of: WA
I got a ticket a few months ago in Lynnwood and my hearing date is fast approaching, less than a week. Thus far the prosecution has failed to share it's evidence in discovery so with any luck this is what I'll get off on. I'd like to ask all of you for a little help with court room procedure. This is my first hearing and I haven't been able to get down to the court room to sit in so I'm walking in blind. I've been reading and thinking about this for a while but I'd like to be sure I have the timing and wording of my play down. Here's what I believe will happen, assuming I am never granted my discovery request:
Hearings will be going on (I'm going to be there an hour early to watch a few if possible) and my name will be called. The judge will ask me if I wish to change my plea and deffer the finding. I will answer no. I will be asked if I have any pre-trial motions.
"yes your honor. I would like to move that the officer's written statement and or court room testimony be suppressed. The reason being that on *date of service* I served the prosecutor's office with a request of discovery asking for the officers statement as well as a list of witnesses that will be present and the prosecution failed to meet this obligation."
I have a stamped copy as proof of service and one on file with the clerk of courts so I expect the motion to pass.
"I would like to move that the case be dismissed due to lack of evidence your honor." Case closed, go home.
So how's that? I'd like to know if my idea of how this works is accurate and whether I've worded it properly. After that is there some kind of receipt I can get at the clerks office? Any ideas will be greatly appreciated, thank you very much.