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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default My Story of Traffic Court in Everett, Wa

    I am a pretty good driver. Only gotten 2 moving violations in my past, one for speeding in a construction zone at midnight, and one for ‘following too closely’. I disagreed with both, but whatever. So I am usually a pretty good driver that obeys all speed laws.

    I have one segment of my commute that I tended (past tense, don’t anymore!) to speed on, because it was basically an on-ramp, with a stoplight before that actual on-ramp. Long story short, a cop caught me going 47 in a 35. I contest the ticket.

    Taking advice from everything on this forum, I formally request disclosure using the form provided by blewis. I was nervous about physically dropping off the papers at each the prosecutor’s office and court, but since I miscalculated my court date, that was my only choice. I prepared (3) copies, got each time-stamped at each place, and overall those transactions were quite easy. I felt good. I did all that, by the way, on the 14th day prior to my court date.

    I was eagerly waiting to hear back from them, to see if I could find any technicalities on which to request for dismissal. The 7th day prior to the court date came and went, and still no notices. I didn’t get the disclosure documents until Sunday night (I was gone the weekend), and my court case was Monday. I found no anomalies in the documents, but I was eager to ask for the case to be thrown out due to not having (7) days in which to prepare my defense. So I boned up on my possible defenses and was dismayed when I found out that judges didn’t usually ever dismiss cases due to obtaining disclosure documents late. I prepared myself and went to court.

    It was my first time at court, ever. They had us sitting in pews in Courtroom 1 at Everett Municipal Courthouse. I was dressed in slacks and a polo; most the others were in jeans and what-not. An old crotchety judge appeared, and asked if anyone wanted to defer. I didn’t opt for that, hoping to rely on my prepared strategy. The judge started in a good mood, but the first real defendant of the day was a total dipstick. He subpoenaed the officer, but had no questions for her. His case involved a tail light that wasn’t to code, so his prepared defense involved him taking a picture - the morning of the court case - to show the judge. He didn’t even bother printing it out, he brought in his camera and showed it to everyone. It was quite comical. The judge warned him that he would have to take his camera as evidence for 30 days. Begrudgingly, the defendant agreed. The defendant really mishandled a good number other details, but I can’t remember them all. All I know is that the judge was getting quite furious at him, and ended up yelling at him. Suffice it to say, the judge was no longer in a pleasant mood. My case was next.

    The judge started reading the charges against me and I quickly interrupted asking to move to dismiss the evidence against me due to not obtaining the disclosure evidence in time. The judge seemed taken aback, and quickly moved to his law book to try to find what law I was quoting (looking back, I should have printed out the law to be able to show him upon request). The prosecutor didn’t miss a beat, and pointed out that I needed to show prejudice for it to work. The judge didn’t really pay attention to that, and the prosecutor pointed out that I submitted the form on July 15th. That was the date he submitted the documents to the court, but that was not the date I requested disclosure. I had my time-stamped document showing that I did all that on the 12th. Regardless, the judge didn’t care. Or he couldn’t do math. He said I did not request disclosure in a ‘timely manner’ and quickly said that my motion was ‘denied.’ It really bothered me his tone in that, like he was extracting pleasure by denying me my motion. I didn’t agree with his reasoning (I did in fact submit my papers in time, and the judge can’t do math, I submitted it exactly 14 days prior to my court date), but I did agree with his denial. Quickly he tried to move on, but again I interrupted him (he encouraged us to do this, he didn’t want to have to read a bunch of stuff when we’re going to bring up other stuff), and going to my back-up plan I quickly asked for a continuance. The prosecutor didn’t object, and I was out the door in less than a minute, scheduled to come back the following Friday.

    Fast forward to today, I was nervous going back. Would he let me ask for a deferral since technically my case was already opened? I prepared some meager arguments that wouldn’t hold water based off of the discovery documents, just in case I had to fight. I went in fully preparing to plead to the court for a deferral.

    As soon as the judge enters, it’s a new judge! It’s a much younger guy, who actually treats us with respect, and explains all the options to us. My name is called, he reads what I’m being charged of, then asks the prosecutor if they would offer me a deal. They offer me a $30 reduced fine, for talking on the cell phone, due to my good driving record. I immediately accept, and walk out the courtroom $30 richer than I was planning, and not having to use my deferral! Made my day, and this huge weight is finally off my shoulders.

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

    Default Re: My Story of Traffic Court in Everett, Wa

    Congratulations! Good job in court and a good write-up.

    Thanks for sharing.

    Barry

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