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  1. #1
    Join Date
    Sep 2010
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    6

    Default Washington Speeding Ticket With Contested, Discovery

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

    NEED ADVICE. PLEASE HELP!

    I received a speeding ticket a few weeks ago (on 9/17/10). The ticket reflects going 70+ in a 60 zone, and is linked to the KCDC Renton Courthouse. I contested the ticket and received a hearing date for 11/8/10. In order to request discovery, I called the courthouse to obtain a fax number. They gave me the phone number for the Courthouse’s fax and I sent over my request for discovery on 10/15/10. I called the following week to confirm receipt, and they stated that its technically supposed to go to the Prosecuter directly, but they forwarded my request to the appropriate department and my request was processed on 10/19/10. My request for discovery was a typed document, and clearly outlined my home address (which differs from my outdated, driver’s license address). The Prosecuter office sent out my discovery to the WRONG address, and when the mail returned to their office, they sent it to my appropriate address. I received the Discovery in the mail on 11/4/10, which is THREE days prior to my court hearing!

    My Discovery request asked for the following items: 1) List of witnesses, 2) Copy of citing officer’s sworn statement, 3) calibration and certification log for SMD used on date of ticket.

    The Documents I received included 1) Copy of infraction 2)officer’s sworn statement (ABSOLUTELY BLANK) and 3)Washington State Patrol Case report
    I’m not too sure how to analyze my case. I’m going in with the intention of contesting my case, but if I don’t have a strong case, it may make more sense for me to request a Deferral. I’m a CA driver (in WA for work purposes) and have never received a speeding ticket before…

    Based on the research I’ve done, I checked out the date filed as a potential option – but unfortunately the officer filed the ticket within 4 days of the citation. There are a few things that seem to be in my favor: 1) I did not receive discovery prior to 7 days of my court date (even though I filed it over 2 weeks prior to my hearing). 2) The Officer Report is BLANK . 3) The Violation Statute listed on the infraction is “4661400”…I’ve read a few threads that mention arguing that this is not a valid code (leading to issues in my ability to form a counter argument?)

    The discovery documents do NOT include a copy of the SMD report to verify the upkeeping of the laser/radar; however, it states that “Speed measuring and/or weight scale certificates are available for inspection in the Courtroom.”

    What should I do now?? Should I 1) Ask to postpone the court date due to insufficient time/data to formulate my case? 2)Request Deferral? Or 3) FIGHT it! do I have sufficient info here?

    I kind of have no idea what I’m doing…but at this point I just need a little advice on what my best option is. If anyone is familiar with ways to defend a speeding ticket, pleaseeee provide any insight you can. Its GREATLY GREATLY appreciated!!

    I’ve uploaded pictures of the discovery documents I received…

    [IMG]

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    Uploaded with ImageShack.us[IMG][/IMG][IMG][/IMG]

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Washington Speeding Ticket With Contested, Discovery

    What makes you think the officer is required to write a narrative other than the fill in the blanks portion of the form. The blank report page just indicates he didn't make any other comments. The lack of timely response to the discovery purely due to mistakes in mailing isn't likely to get you anything more than a continuance.

    If you think that incorrectly writing 400 versus 440 is going to get you much in court, you're also grasping at straws.
    You can try challenging their failure to enclose the SMD, but if they are available in the court room, again all you'll get is a continuance. If they can't find the page for the device in the binder or whatever they use in your court then you're probably got good grounds. Since court dates are assigned at the officer's convenience, they usually have the pages out for the devices assigned to them at the beginning of the session.

  3. #3
    Join Date
    Dec 2004
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    Seattle
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    3,577

    Default Re: Washington Speeding Ticket With Contested, Discovery

    Well, it appears that your court date is TODAY, so I'm not sure this will do any good. First, the "subsection" argument may or may not work -- it depends on the judge. If it were me, however, I'd argue the the officer who signed the NOI was NOT the same person who signed the sworn statement -- just compare the signatures. If it were me, I'd move to suppress the officer's "sworn" statement, since it appears to be signed by someone else. Then, if that doesn't work, bring up the fact that the discovery materials were delivered only three days ago, not giving you ample time to prepare and ask for a continuance. Be sure to check the SMD binder for the certification while you're there.

    Good luck,
    Barry

  4. #4
    Join Date
    Feb 2010
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    1,383

    Default Re: Washington Speeding Ticket With Contested, Discovery

    Don't know if this will get to you in time...

    Trooper states that "On the day the above speed measurement was obtained, The accuracy of the Laser SMD was checked by... [3 tests]."

    There is no testimony to who performed these tests and what the result of these tests were.

    Barry's signature motion should work. If you have no luck, move to suppress as this is clearly hearsay- unless we have testimony that the trooper who signed the report did the tests.

  5. #5
    Join Date
    Sep 2010
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    6

    Default Re: Washington Speeding Ticket With Contested, Discovery

    Quote Quoting blewis
    View Post
    Well, it appears that your court date is TODAY, so I'm not sure this will do any good. First, the "subsection" argument may or may not work -- it depends on the judge. If it were me, however, I'd argue the the officer who signed the NOI was NOT the same person who signed the sworn statement -- just compare the signatures. If it were me, I'd move to suppress the officer's "sworn" statement, since it appears to be signed by someone else. Then, if that doesn't work, bring up the fact that the discovery materials were delivered only three days ago, not giving you ample time to prepare and ask for a continuance. Be sure to check the SMD binder for the certification while you're there.

    Good luck,
    Barry

    Thanks for the tips! I still have a few hours before my hearing...

    What exactly am i looking for when reviewing the SMD certification?

    I think i'm also unclear...i'm asking to suppress the officier's sworn statement, and then stating that I was not driving over the speed limit, and requesting to dismiss the citation? and then if that fails, i'd ask for continuance to postpone the hearing so that I'd have enough time to acquire needed documentation (since discovery was sent to me in an untimely fashion) ???

    Can i request for DISMISSAL because the signatures do not match, and the sworn statement may be invalid?
    Additionally, can i request to suppress Sworn statement because i did not receive Discovery in timely fashion according to IRLJ 3.1(b)??

    IRLJ 3.1(b)reads (in part):
    If the prosecuting authority, without reasonable excuse or justification, fails to provide the citing officer's sworn statement, the statement shall be suppressed.

    Clearly, i'm a rookie at this, and kind of nervous about my court hearing...thanks for the advice!!

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