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  1. #1
    Join Date
    Aug 2010
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    8

    Default Washington Ticket Defense, NOI Stamp Missing

    I don't mean to double post, but I felt this topic title was more appropriate, and I do not seem to be able to figure out how to delete my last thread.

    Hello, my question involves the state of Washington in the Renton Municipal Court Jurisdiction. Using blewis's excellent discovery kit, My discovery is as follows:





    The thing that strikes me the most about my discovery, is that the Original NOI included in the packet has no Clerks Stamp on it. Could I possibly use that in the context of IRLJ 2.2(d) given that there is no proof of sevice for the NOI?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Renton Washington Ticket Defense, Noi Stamp Missing

    Quote Quoting CoAmon
    View Post
    The thing that strikes me the most about my discovery, is that the Original NOI included in the packet has no Clerks Stamp on it. Could I possibly use that in the context of IRLJ 2.2(d) given that there is no proof of sevice for the NOI?

    Probably not. IRLJ 2.2 (d) ONLY requires that the NOI be FILED with court within 5 working days of issuance. It does NOT require that the NOI contain a stamp. If you want to know WHEN it was filed, call the Clerk and ask.


    Edit: Here is what I believe is a viable defense:

    "The first paragraph of the Laser SMD Affidavit says that Officer Jacobs was operating the SMD, and that the 'LASER SMD operator [specifically, Officer Jacobs] advised me....' Thus, by its wording, the author of the first paragraph MUST have been SOMEONE OTHER THAN OFFICER JACOBS. And since the NOI was signed by both Officer Jacobs AND an Officer Cunningham, we can probably assume that the author of the first paragraph WAS, indeed, Officer Cunningham.

    Now the second paragraph appears to be authored by Officer Jacobs, himself, since it starts, 'I, Officer Jacobs....'

    Finally, we see that Officer Jacobs signed the document. But, nowhere on the Affidavit do we see Officer Cunningham's signature. Therefore, Your Honor, I move to strike the first paragraph of the Laser SMD Affidavit as hearsay." If that motion is granted, move to dismiss due to lack of evidence.

    Barry

  3. #3
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Renton Washington Ticket Defense, Noi Stamp Missing

    aahh blewis makes a nice catch ... one could also argue that there are two officer Jacobs (related? who knows) but one 1 signed ... this would be more consistent with the statement.

    I , of course, still have issues with the document in respect to SCOTUS Melendez ruling...

  4. #4
    Join Date
    Aug 2010
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    8

    Default Re: Renton Washington Ticket Defense, Noi Stamp Missing

    Thats a good insight blewis. We'll see how it flies in court. Any other suggestions you have for me to move forward?

  5. #5
    Join Date
    Nov 2009
    Location
    Federal Way
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    72

    Default Re: Renton Washington Ticket Defense, Noi Stamp Missing

    You need to get the SMD certification from the court. Go to the court and ask for a copy. More than likely some mistake will be found.

  6. #6
    Join Date
    Jul 2010
    Location
    Big Sky Country
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    Default Re: Renton Washington Ticket Defense, Noi Stamp Missing

    You would want to file something like this as well:

    Appendix A Public Records Request Form
    In accordance with State Statute / Code _____________, I am requesting access to ____copy /
    copies of the following records:
    1. Officer _____________'s training records that pertain to his / her instruction / certification
    and continuing education of traffic speed enforcement and to the use of the speed detection
    device that was used to ascertain the speed of the vehicle described in citation
    #_______________.
    2. Officer _____________________'s daily log for the day of ______________.
    3. Officer _____________________'s radar log for the day of ______________.
    4. The name, model and serial number of the speed measuring device used to ascertain the
    speed of the vehicle described in citation # _____________ and the serial numbers of the tuning
    forks used to test the speed measuring device.
    5. Copies of maintenance and / or certification records, for the last twelve months, of the speed
    measuring device that was used to ascertain the speed of the vehicle described in citation #
    _______________.
    6. A copy of the FCC (Federal Communications Commission) license that authorized the
    issuing police agency and operator of the speed measuring device to lawfully operate the device
    on a specific frequency and / or range of frequencies.
    7. A copy of both sides of the officer's copy of citation # _________________.
    8. Other record(s) needed:
    _______________________________________________
    _______________________________________________
    _______________________________________________
    _______________________________________________
    _______________________________________________
    The records that I am requesting DO / DO NOT need to be certified or their authenticity
    verified. If there is an additional charge for this, I understand that I must pay for that charge.
    I am requesting that the requested records be mailed to me at the following address:
    _______________________________________________
    _______________________________________________
    I will pick up the records upon notification that they are available.
    Signed ______________________________________
    Date ______________________________________

  7. #7
    Join Date
    Aug 2010
    Posts
    8

    Default Re: Renton Washington Ticket Defense, Noi Stamp Missing

    Ok, I got my SMD certification as suggested. I'm not seeing a whole lot on here that I can defend with. Any suggestions guys/gals?



    Looking forward to responses.

  8. #8
    Join Date
    Aug 2010
    Posts
    8

    Default Re: Renton Washington Ticket Defense, Noi Stamp Missing

    Well, my court date is tomorrow. Wish me luck.

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