My question involves traffic court in the State of: WA
Excerpt from IRLJ 3.1b
"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. If the
prosecuting authority, without reasonable excuse or justification, fails to
provide any portion of the discovery prior to the day of the hearing, the
portion of discovery not provided shall be suppressed."
How would one go about showing prejudice in case the officer's sworn statement does not arrive within the 7 days or not at all? Make a motion for suppression?
I have a court date on Feb 7 for a speeding ticket. I've requested discovery and have only gotten an offer from the PA in return - no discovery materials as yet. I think they are "due" to me by Jan 26.