My question involves a speeding ticket from the State of: Washington (Gig Harbor Municipal Court)
I received the ticket (46.61.400 Speeding 21 MPH Over Limit (40 or under) in a 30 MPH zone) on 4/3/2011 and my court date is on 7/12/2011 (received two continuances) and that is exactly 100 days for those that were wondering. As the officer stated in his report, the display on the radar locked at 50 MPH and he visually estimated me going 45.
I submitted a request for discovery (pictures below) using blewis' discovery form. I received the citation and the officer's statement from the court clerk (I served the discovery request to the clerk and the prosecuting attorney). They added "IRLJ 3.1(b) also specifically makes clear that "No other discovery shall be required." Therefore, you will not be provided any additional discovery you may have requested including speed measuring device certificates admissible pursuant to CrRLJ 6.13(d)."
I already got the no insurance ticket dismissed so that is not an issue :P
With that said, my main questions are:
Is "20 MPH over limit" a different violation than "21 MPH over limit"? Do I have a leg to stand on here?
IRLJ 6.6(d) states that "Maintaining Certificates as Public Records. Any
certificate, affidavit or foundational evidentiary document
allowed or required by this rule can be filed with the court and
maintained by the court as a public record. The records will be
available for inspection by the public. Copies will be provided
on request..." I DID request them. Do I have to request the copies in person? If so, would I do that at the court house?
Is there anything I'm missing?
Any help would be greatly appreciated, thanks!
-Jeff

