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  1. #1
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    Jul 2010
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    Default Does an Officer's Statement Have to Be Read Into the Record

    My question involves traffic court in the State of Washington:

    I recently had a contested hearing concerning a speeding ticket in the city of Seattle. I made a rookie mistake by not hiring an attorney thinking that the ticket errors were so obvious the court would have to dismiss the case – wrong! The judge wouldn’t even listen to my attempt to show that the officer’s statement was obviously about a different car and incident. I am appealing and arguing that I was never allowed to present my evidence and testimony to make my case. While observing another court case, the judge in that case made the statement that, “As the Supreme Court has ruled, if the officer is NOT in court, the officer’s statement MUST be read into the record.” (Emphasis added.) Does anyone know if that is true and if so, where the court ruling can be found? Thanks for your help.

  2. #2
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    Default Re: Officer's Statement: Washington Court Rules

    That's not quite the ruling, as I understand it. The Supreme Court simply ruled that the officer's sworn statement MAY be accepted into evidence -- without the officer being there to authenticate it (upholding IRLJ 3.3 (c)). Once accepted into evidence, the statement MAY be read in its entirety, or just referred to in part.

    The appeal will cost over $200 just to file, plus the cost of obtaining a transcript of the proceedings. If you post the officer's statement here, along with your arguments, perhaps we can give you our opinion as to whether or not you've got a case.

    Barry

  3. #3
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    Jul 2010
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    Default Re: Does an Officer's Statement Have to Be Read Into the Record

    The issue -- my appeal argument -- was that I was not allowed to actually testify. First the judge in my case (I'm sure, but can't be proven) was looking at the wrong record as he called me by a different (very different) first name twice, before I corrected him. He listened to the prosecutors LIDAR statement. I then tried to request dismissal based on the officer’s statement and was interrupted by the judge and told the prosecutor needed to present his side. He entered the LIDAR cert. and then the judge asked if I had anything to say. I asked that the ticket be dismissed because of errors in the officer’s statement, the most egregious and 100% provable was the statement that I was also cited for “lack of insurance” which was not the case. The judge totally ignored by request for dismissal and asked “what about the speeding.” I said I wasn’t speeding and continued to explain (what I thought was a continuation of my request for dismissal due to the errors.) The officer’s statement also included his description of the distance at which he observed me (887.1 ft) a mere 334 ft from where I entered the roadway (had I been allowed to testify I was going to introduce the receipt – time and dated – from the business where I pulled onto the road.) The officer claims in the 334 ft from the driveway, he “observed me traveling 47mph” and LIDARed me at 46mph. Physics would make his claim of observing my speed impossible, but doubt I could win that argument. While explaining why I wanted the ticket dismissed, the judge interrupted and “swore” me in. I finished my arguments regarding dismissal. The judged asked “anything else” then made his decision. I expected to have been given an opportunity to “ take the stand” and introduce my arguments regarding how the speed was determined, where I pulled onto the road, and again make my point that the officers statement was in error if the dismissal was not allowed. Instead, it was clear the judge had no interest in listening to me. BYW – the next case after me was a person with the same first name as the one used in error and did have a citation for lack of insurance. Any help would be appreciated. Thanks RHT

  4. #4
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    Default Re: Does an Officer's Statement Have to Be Read Into the Record

    Personally, I don't see where you have a case -- at least without listening to the recording of the proceedings. You were sworn in (that's basically the same as "taking the stand") and asked if you had "anything else". As soon as you said "no", that's it -- it's over.

    Remember, appeals in WA are NOT new trials. It is an appeal "on the record". You must show where the judge erred. And, based on what you've written here, I don't see judicial error. What happened in the case AFTER yours has no bearing on YOUR case.

    Have you ordered a copy of the CD of the proceedings? You might want to get that and listen to it again before spending the money to file an appeal -- you've got 30 days. See if you can find where the judge "cut you off" or refused to listen, something like that. Also remember that the CD has to be transcribed onto paper for filing with the Superior Court -- they will NOT accept audio recordings -- and that is also expensive.

    Barry

  5. #5
    Join Date
    Jul 2010
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    3

    Default Re: Does an Officer's Statement Have to Be Read Into the Record

    Barry:

    Thanks -- From my conversations with others, sounds like you are in agreement with my chances for finding fault in the ruling. Its very frustrating that a sitting judge can accept PROVEN false information on their whim and there is nothing that can be done about it.

    Thanks for your thoughts.

    RHT

  6. #6
    Join Date
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    Default Re: Does an Officer's Statement Have to Be Read Into the Record

    You must realize that my opinion is based on what YOU have written. I was not there. I have not listened to the recording nor read the transcript. You may, indeed, have a case, but, without access to the Verbatim Report of Proceedings (as the transcript is called on appeal), there's no way for me to know. It seems to me that the judge was simply saying that an error in one part of the officer's statement (the "lack of insurance") did NOT mean the ENTIRE statement was erroneous, nor did that error affect the evidence of your speeding. "Harmless error", it's called. Oh, and I have NEVER seen an argument succeed when the word "physics" is mentioned. In fact, I have NEVER seen anyone win when they argue the "facts" of the case.

    You're right, though. An attorney would have probably gotten you off.

    I feel your frustration, however. Yours is an example of why I say, "There's no such thing as a 'slam-dunk'".

    Barry

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