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  1. #1
    Join Date
    Aug 2010
    Posts
    8

    Default Filing Stamp Missing from Notice of Infraction

    My question involves a speeding ticket from the State of: Washington.

    Thank you for taking the time to read my post. Firstly, my discovery materials are present at http://rapidshare.com/files/41559668...Infraction.pdf

    One glaring thing that I noticed immediately is that there is no filing stamp on the NOI I received with my discovery (page 2 in the PDF). Would this be grounds for suppression, and subsequent dismissal under IRLJ 2.2d ?

    A second thing that I noticed is that there are two officers cited on the NOI, and only one on the SMD affidavit. Is there anything I could do with this information?

    Also given that the City Attorney didn't furnish me with the calibration and certification log in my discovery request, what would be the proper procedure to getting such things?

  2. #2
    Join Date
    Aug 2010
    Posts
    8

    Default Re: Filing Stamp Missing from Notice of Infraction

    Looks like the rapidshare isn't working. Here it is reproduced on photobucket.





  3. #3
    Join Date
    Nov 2009
    Location
    Federal Way
    Posts
    72

    Default Re: Filing Stamp Missing from Notice of Infraction

    Quote Quoting CoAmon
    View Post
    Also given that the City Attorney didn't furnish me with the calibration and certification log in my discovery request, what would be the proper procedure to getting such things?
    You will most likely need to go down to the court and request the SMD Certification document. That is what I have done in the past.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Filing Stamp Missing from Notice of Infraction

    You can follow up with the police & DA in an investigation. You can ask to view the certificate of calibration or ask for a copy of it. Its outrageous that they want you to go down to the courthouse.

    I would call the DA to set up a time to interrogate the police officer, review the manual for the SMD, all police regulations regarding SMDs & all cal. info .... you are allowed to do an investigation. If they dont cooperate, then they are in violation of the court rule. I would then ask for dismissal on the grounds that they violated the court rules.

    It is highly doubtful that they will comply with your investigation requests. I would also request to view the area where they test their units. The officer says 50 & 75 ft tests were performed.

    A review of the manual will likely show that the 50 & 75ft distance test is not the recommended test.

    One issue I see with the cop's statement: never states he tested nor operated the SMD per manufacturer's recommended guidelines or methods

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