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  1. #1
    Join Date
    Apr 2011
    Posts
    6

    Default Discovery for a Speeding Ticket by Pace

    My question involves traffic court in the State of: WASHINGTON

    I received a speeding ticket by pace back in April, original post here:
    http://www.expertlaw.com/forums/show...ht=#post516804

    This is what I sent in when I submitted a discovery request:

    http://imgtree.net/files/uabhhg9ois70a11vvizl.jpg

    I received back 5 pages.

    1 page was my driving record
    1 page was a case history (for this case)
    1 page was a docket for this case
    The other 2 pages are below:


    This is what appears to be the original ticket:

    http://imgtree.net/files/t032my1orqm98lwkypxg.gif

    And I'm assuming this page is where the officer would have put any notes, but as far as I can tell there are none:

    http://imgtree.net/files/hr99nftrohi6d73g03va.gif

    From other posts I've read on here, for tickets by pace, if the officer leaves no notes, then when I go to court, I can simply state "Your honor, I move to dismiss this case due to lack of evidence."

    Is that going to work for what I have shown? Is there anything else I should be prepared for?

    Thanks!!

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

    Default Re: Discovery for a Speeding Ticket by Pace

    Quote Quoting mikeb19
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    From other posts I've read on here, for tickets by pace, if the officer leaves no notes, then when I go to court, I can simply state "Your honor, I move to dismiss this case due to lack of evidence."
    That should take care of it. If there really IS a statement from the officer which gets produced at the hearing, be sure you have your original request and PROOF that you SERVED this request on the prosecutor and FILED this request with the court at least 14 days prior to the hearing. Then just say, "Your Honor, since this document was part of the discovery materials, I move to suppress it pursuant to IRLJ 3.1 (b)." Then move for dismissal due to lack of evidence.

    Barry

  3. #3
    Join Date
    Dec 2004
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    Seattle
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    Default Re: Discovery for a Speeding Ticket by Pace

    Oops -- should read "since this document was NOT part of the discovery ...." Sorry.

    Barry

  4. #4
    Join Date
    Apr 2011
    Posts
    6

    Default Re: Discovery for a Speeding Ticket by Pace

    Quote Quoting blewis
    View Post
    That should take care of it. If there really IS a statement from the officer which gets produced at the hearing, be sure you have your original request and PROOF that you SERVED this request on the prosecutor and FILED this request with the court at least 14 days prior to the hearing. Then just say, "Your Honor, since this document was part of the discovery materials, I move to suppress it pursuant to IRLJ 3.1 (b)." Then move for dismissal due to lack of evidence.

    Barry
    Barry, what do I need as proof that I served the request? Is that just the case docket? (The last item on the docket shows they received the request for discovery from defendant)

    Thanks for your help!

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Discovery for a Speeding Ticket by Pace

    The case docket can certainly show that the COURT received the request -- but you need proof that you SERVED the request on the prosecutor. Didn't you have them date-time stamp your copy? Or send it CRRR? If not, you may have a problem. Discovery, by rule, is to be provided by the PROSECUTOR, not the court. I realize that in some jurisdictions the court does, indeed, handle it. But that's not what the rule says.

    In any case, you'll only have to worry about it IF they try to introduce a separate statement. If they do, ask for a continuance. If not, your motion to dismiss SHOULD be granted.

    Barry

  6. #6
    Join Date
    Apr 2011
    Posts
    6

    Default Re: Discovery for a Speeding Ticket by Pace

    Just wanted to follow up as my court date was today.

    Got there early. The judge finally came in and started going through the different options and so on and so forth. Then one of the last things which she said kind of threw me off because she said before each person's contested hearing, she would let you know if there was or wasn't a signed affidavit from the officer. Not sure if this is standard for all judges/courts in the area, but basically she is letting you know you're off the hook if there is no notes from the officer.

    So it was cake. I was the first one up after a couple lawyers got some tickets dismissed and she went through a couple things and then asked me if I was contesting because there was no signed affidavit and all I said was "Yes your honor". She said dismissed, I said thank you and that was that. Easiest court battle ever

    Thanks for everyone's help on here!

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

    Default Re: Discovery for a Speeding Ticket by Pace

    Congratulations! Thanks for letting us know.

    Barry

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