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  1. #1
    Join Date
    Feb 2011
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    13

    Unhappy Speeding Ticket With Partial Discovery, No Officer's Affidavit

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

    I received a speeding ticket for 75 in a 60 (paced). I know for a fact I was not even close to 75 (he probably just "guessed"), but that doesn't really help my case. I decided to contest the ticket, and did not receive a pre-trial hearing, just a notice of my contested hearing date (all the filing dates are within the allowable time frame).

    I filed and served the request for discovery (before the 15 day requirement), and I received a copy of the ticket on the spot (blank back), but as of now, I have yet to receive an affidavit and my hearing is within a week! (I will upload the afffidavit as soon as I get it.) I read that I still can't suppress this statement if I receive it at a later date, even 1 or 2 days before the trial (is this true?)...but this is the only thing I can build my case upon since it is "paced" and I can only argue what the officer wrote, and I feel like a sitting duck. I am at a loss at how to even start preparing for this ticket.

    Grasping at straws, some options come trial time:

    1) Ask for a continuance (Would I be allowed a continuance if the affidavit comes late? If so, can I call for a continuance?)
    2) The affidavit does not arrive at all in which case I believe I can suppress the evidence..and dismiss?
    3) The leach case (missing subsection) <--I hear this one barely works so a last ditch effort

    So, how easy is it for one to argue a paced ticket and my situation? and how can I even begin? I honestly would not want to go to court twice if there is a continuance, and would rather take the deferral if I am eligible, so does anyone know if I would be? Thanks all for your responses!

    -STRESSED-

  2. #2
    Join Date
    Mar 2011
    Posts
    15

    Default Re: Speeding Ticket With Partial Discovery, No Officer's Affidavit

    why dont you see if you can get a lawyer to help you with this? I ran into a similar situation and the lawyer was able to get the ticket dismissed.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Speeding Ticket With Partial Discovery, No Officer's Affidavit

    I the affidavit comes the day before, you may be able to ask for a continuance .. if not a dismissal may be in order.

  4. #4
    Join Date
    Feb 2011
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    13

    Default Re: Speeding Ticket With Partial Discovery, No Officer's Affidavit

    What argument did your lawyer make regarding this?
    I feel he wouldn't be able to make a case if he doesn't have an affidavit on hand : /

  5. #5
    Join Date
    Feb 2011
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    13

    Default Re: Speeding Ticket With Partial Discovery, No Officer's Affidavit

    Okay I just received my mail from the prosecuting attorney, and its the same thing. My original ticket and a blank back, with no other paper/file. I'm guessing this means this ticket can easily be dismissed due to the lack of evidence?

    Can anyone help me in what exactly I should say in court and what IRLJ this is? This will be my first time in court, so specific things to say would be greatly appreciated.

  6. #6
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Speeding Ticket With Partial Discovery, No Officer's Affidavit

    Quote Quoting xloggerx
    how easy is it for one to argue a paced ticket and my situation?
    You could ask the officer to submit evidence that the speedometer on his vehicle was calibrated properly.
    You would then object in any of the following situations.
    a) It was neither an original nor a certified copy.
    b) It was not signed.
    c) It was not filled out properly.
    d) It was prepared by a non-governmental agency (which would mean that, as a business record, the author or custodian must appear and testify to its authenticity).

    Since you requested discovery and he did not submit the speedometer calibration certificate, maybe that means he could not submit it during trial!

    Supposing that he was not able to submit a valid speedometer calibration, you could then argue he could not prove the speed he was traveling.

    I know of one California judge who would dismiss tickets when a speedometer calibration was not submitted.

    You could also ask him detailed questions about how long he paced you, and how close he was when he did. Ask his maximum speed when approaching you, or whether he braked. Sometimes they offer physically impossible scenarios, so if you know the physics (acceleration or deceleration formulas) you can point that out.

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket With Partial Discovery, No Officer's Affidavit

    Quote Quoting DavidForthoffer
    View Post
    You could ask the officer to submit evidence that the speedometer on his vehicle was calibrated properly.
    You would then object in any of the following situations.
    a) It was neither an original nor a certified copy.
    b) It was not signed.
    c) It was not filled out properly.
    d) It was prepared by a non-governmental agency (which would mean that, as a business record, the author or custodian must appear and testify to its authenticity).

    Since you requested discovery and he did not submit the speedometer calibration certificate, maybe that means he could not submit it during trial!

    Supposing that he was not able to submit a valid speedometer calibration, you could then argue he could not prove the speed he was traveling.

    I know of one California judge who would dismiss tickets when a speedometer calibration was not submitted.

    You could also ask him detailed questions about how long he paced you, and how close he was when he did. Ask his maximum speed when approaching you, or whether he braked. Sometimes they offer physically impossible scenarios, so if you know the physics (acceleration or deceleration formulas) you can point that out.
    Please! You obviously don't know ANYTHING about WA traffic law. Please try to refrain from giving advice when you have no idea what you're talking about.

    OP, you should move to exclude the officer's sworn statement pursuant to IRLJ 3.1 (b) which states (in pertinent part):

    Quote Quoting IRLJ 3.1 (b)
    If the prosecuting authority, without reasonable excuse or justification, fails to provide any portion of the discovery prior to the day of the hearing, the portion of discovery not provided shall be suppressed.
    Once the judge grants that motion, move for dismissal due to lack of evidence.

    Barry

  8. #8
    Join Date
    Feb 2011
    Posts
    13

    Default Re: Speeding Ticket With Partial Discovery, No Officer's Affidavit

    Thanks for the responses from both!
    However, I did not subpoena an officer so he won't be there for questioning.

    I did receive my discovery documents from the attorney, and it is the same thing where it is just the original ticket (Front) and the back (which is blank). Only 2 sheets, so I thought this would easily be "lack of evidence" on their part.

    Barry, can I just say

    "Your honor, I motion for a pre-trial dismissal due to lack of evidence."
    Present the discovery materials (front and back of ticket) and be out in about 1 min?

  9. #9
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Speeding Ticket With Partial Discovery, No Officer's Affidavit

    Yeah, well, unfortunately, you'll have to wait until your case is called -- and that can take HOURS. Next, the judge will probably notice that there is no sworn statement, so you may not have to say anything. If, however, there IS a sworn statement, then you'll need to present your discovery materials and MOVE to suppress that statement, pursuant to IRLJ 3.1 (b) (a "motion" is the noun form of the verb " to move" -- "to motion" means to jesture -- so, "Your Honor, I MOVE to suppress the officer's statement....").

    Barry

  10. #10
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Speeding Ticket With Partial Discovery, No Officer's Affidavit

    Quote Quoting blewis
    Please! You obviously don't know ANYTHING about WA traffic law. Please try to refrain from giving advice when you have no idea what you're talking about.
    Is your point that the State of Washington does not require speedometers on police vehicles to be calibrated? Or is it that usual rules of evidence in Washington do not apply?

    I look forward to your cites proving the irrelevance of my post.

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