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  1. #1
    Join Date
    Apr 2011
    Posts
    3

    Default Washington Speeding Ticket Date Error

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

    I received a speeding ticket on I-5 N/B near the city of Marysville. The officer paced me at 67 mph, or so he said. Once I was pulled over he came to my window and the first thing he said was “Your radar detector doesn’t work very well when I’m pacing you, does it?” I found it to be rude and also it seemed to be the only reason he even pulled me over. Now if I’m not mistaken in the state of Washington I have every right to own this device correct?
    Also once he issued me the ticket for speeding, my copy made it very hard to read what he wrote as far as the day it was issued. I filed for discovery with the court and prosecuting office. I received my discovery 1 or 2 days before court and explained to the judge that by ruling of
    IRLJ 3.1 (b)
    “If the prosecuting authority provides any portion of the discovery less than 7
    days before the hearing, such untimely discovery shall be suppressed only upon
    a showing of prejudice in the presentation of the defendant's case.”
    My plan was to try and get the officers statement thrown out and upon lack of evidence request a dismissal. It didn’t pan out like so and the Judge gave me a continuance based on lack of time being able to prepare.

    -----------Now that we have caught up-----------
    According to the discovery, the ticket and the officers statement(s), he issued the ticket on 1/26/2011 at or around 0900. Which is actually false, it had to have been earlier that week as I work at three different locations each week (always changing). I was able to pull receipts that I have kept showing me getting gas on 1/26 at 0847 this gas station was 10 miles south of the incident. I than have a receipt for the minute I got to work, as I bought water 0904. I used Google maps to give me a map with directions, estimated time and a list of (exits…or mile posts). I than showed that it was impossible for me to be where the cop said he pulled me over at that particular time frame. If I had traveled where he said I would not have gotten to work till 0925 and that doesn’t include the time it took him to sight me.
    If I can successfully prove this theory do you think I could state that, it could also be possible the officer wrote me a ticket on 1/16 and then transposed the date incorrectly? Than state that if this were the case he did not file it with the courts until 1/28, which is over the limit of 5 business days to file according to IRLJ 2.2 (d). Now do you think that since I show it being circumstantial and to many loop holes that it could be dismissed, or should I try something else?

    Sorry it’s so long, just want to disclose everything.

    Thanks
    Natejd04

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Washington Speeding Ticket Date Error

    I can't see the ticket from here. You say it was not issued on 1/26/2011. The ticket itself is dated when?

    If you establish in court that you were issued a ticket, and the date is right there on the ticket, but that there was a minor clerical error in the discovery materials, I would expect the court to find the clerical error immaterial to the proceedings.

  3. #3
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Washington Speeding Ticket Date Error

    I guess what I meant is that both the ticket that I was cited and the discovery say I was pulled over on 1/26/2011.
    But that's the wrong day and I could prove it based on where I was at on the 26th at the time it says.
    Does that seem reasonable?
    My point behind it is to prove that the date is wrong and it gave the officer more time than he was legally allowed (the 5 days) to file the ticket. So had he wrote the correct date it would exceed the 5 business day law.

    Is this something that I would stand a chance presenting if I could prove that the 26th was truly the wrong day?

    I hope that clears up what I'm trying to say. I can attach the ticket and discovery if that would help.


    Thanks for your Help!!

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Washington Speeding Ticket Date Error

    If you can PROVE you were some other place at the time and date shown on your ticket, you should get off. You don't have to worry about IRLJ 2.2.

    Barry

  5. #5
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Washington Speeding Ticket Date Error

    Barry,

    Would I move for dismissal on the grounds of inaccurate data?
    Just want to make sure I go in prepared.

    Thanks

    -Natejd04-

  6. #6
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Washington Speeding Ticket Date Error

    No, either the prosecutor or the judge (if there is no prosecutor) will read the officer's statement. When they finish, you just present your PROOF that you were not in that place at that time. How is it "more likely than not" that you committed an infraction, if you weren't around to have committed it? No need for a motion.

    Barry

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