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  1. #1
    Join Date
    Oct 2011
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    3

    Default Discovery in Snohomish County, Washington

    My question involves a traffic ticket from the state of: WA

    I was pulled over in May for speeding (10 over under 40mph). After having the case continued once, I made a request for discovery 15 days before the court date (Oct 5, 2011). I did not receive the discovery materials until 6 days prior to the court date. My question is: when the RCW requires the prosecution to provide discovery at least 7 days before the court date, does that term "provide" mean postmark or do I need to have the discovery materials in my hand at least 7 days before?

    I ask because the officer's report states that I said that I knew what the speed limit was which is bogus but I have no way of proving it. Furthermore, the road I was on had NO speed limit signs for 1/2 mile. I was going 45 on a five lane, non- residential road. The officer also states that he calibrated the SMD but never says when.

    Please Help!! My court date is in 3 days!!

    Also, I was cited under RCW 46.61.400.10u. I have not been able to find this statute anywhere. The location was 800 112th St in Everett. I am posting a copy of the infraction and officer's statement below. Thank you SO much to anyone who helps!

    http://i1194.photobucket.com/albums/...ccitation1.jpg

    http://i1194.photobucket.com/albums/...ccitation2.jpg

    If you need higher quality, please PM me your email and I will get the original scans to you.

  2. #2
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    Default Re: Discovery in Snohomish County, Washington


  3. #3
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    Dec 2004
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    Default Re: Discovery in Snohomish County, Washington

    Did you go to the courthouse to check the radar certification? If not, you should probably do that. Make sure the serial numbers are consistent, as well. Otherwise, receiving the discovery materials six days prior to your hearing is probably NOT going to warrant a dismissal, unless you can prove that it prejudiced your case -- and I don't see how that could even possibly happen.

    Barry

  4. #4
    Join Date
    Oct 2011
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    3

    Default Re: Discovery in Snohomish County, Washington

    I will go to the courthouse tomorrow to check on the radar serial number. Would the clerk have that information? And does the fact that the statute I was cited under being non-existent have any bearing on this case? Or the fact that the deputy never stated when he calibrated the SMD? This is the only my second ticket and the first time that I have ever gone to court. I appreciate all the help and advice you both have offered thus far!

  5. #5
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    Dec 2004
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    Seattle
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    3,577

    Default Re: Discovery in Snohomish County, Washington

    The proper "statute" argument is fairly complex. In addition to what I'm about to say, you might want to search the forums for "subsection". Basically, the "10U" is shorthand notation for "10 over the limit in a 40 and under zone". That's what determines the fine. Your argument before the court must assert that you looked up RCW 46.61.400.10u, only to find that there is no ".10u" -- only sections (1), (2), and (3). Each of these sections is different, contains different elements, and each requires a different defense.

    Without knowing WHICH subsection you are being charged with, and, in fact, given a non-existent subsection, how can you prepare a proper defense. AUBURN v. BROOKE, 119 Wn.2d 623, P.2d 212 (1992) states in headnote 6:

    Quote Quoting Auburn v. Brooke
    [D]efendants should not have the burden of locating the code containing the crime of which they are charged and determining the elements of the crime from the proper code section.
    In your case, they have only provided a bogus subsection, and failed to supply the subsection you were being charged under, so it is impossible for you to determine the "elements" of the infraction.

    See what I mean?

    Barry

  6. #6
    Join Date
    Oct 2011
    Posts
    3

    Default Re: Discovery in Snohomish County, Washington

    In addition to the subsection defense that Barry provided, also found out this information:

    I went to the courthouse and had to search through a huge book of certifications to find the right one. Upon inspection of the document, I noted that the last calibration was done on 10/27/09. I then had to go to the Sheriff's Office to request a copy of the operator's manual as pertains to proper calibration. The lady at the desk had me fill out a form that they must respond to within 5 business days. Obviously I won't be getting that information before the court date.

    I was thinking I might be able to use this to prove that providing discovery 6 days before the court date is an inadequate time for me to be able to prepare a defense. Even if I had gotten the discovery 7 days before, I would have had to make that request from the Sheriff's Office the same day in order to get the information on time.

    Furthermore, pursuant to IRLJ 6.6(c), the certification document on file lacks the clause about the agency maintaining manuals for the SMDs in their use.

    What do you all think?

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