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  1. #1
    Join Date
    Mar 2012
    Posts
    12

    Default Discovery Materials for Speeding Ticket in Washington State

    My question involves traffic court in the State of: Washington

    I got a speeding ticket doing 80 MPH in a 60mph zone on I5 northbound on March 25th 2012, the officer gave me a break and wrote the ticket out for 10mph over. I just received my discovery materials in the mail today and I need help finding what I can use to make a motion for dismissal. The officer filed the ticket with the court the same day of the infraction using his username and password. His sworn statement says this:

    LASER
    I observed the defendant approaching my location in excess of the posted 60mph speed limit. I obtained a 80mph reading on the vehicle at a distance of 1100 feet. The laser SMD #L12331 has been certified by the factory and State Patrol Technicians and found to be in proper working order. The LASER SMD' accuracy was checked (1) internal self diagnostic test, (2) scope alignment test and (3) the fixed distance/ zero velocity test at 100 feet prior to the beginning and end of my shift. I have been trained in the use and operation of the SMD device.

    But I did notice there was no RED stamp on no where on the papers they sent me saying that when it was filed. Is that required still even if it was filed electronically?

    I also looked at the Washington State Patrol website and noticed that the SMD #12331 is not a valid SMD#. I noticed it has 5 digits instead of four digits. Is it even a valid number? Could I used the typo to make a dismissal?

  2. #2

    Default Re: Just Received Discovery Materials for Speeding Ticket in Washington State

    https://fortress.wa.gov/wsp/smdsearc...iceDisplay/233 - The device is valid, you forgot to include the L in L12331.

  3. #3
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Just Received Discovery Materials for Speeding Ticket in Washington State

    Yes. That is a dismissal as well as the fact that he never stated the results of the accuracy checks.

  4. #4
    Join Date
    Mar 2012
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    12

    Default Re: Just Received Discovery Materials for Speeding Ticket in Washington State

    So I had my trial and I lost apparently because it was too late for me to object. The judge read the officers sworn statement and I asked for a motion for dismissal because no smd certifications on file. Bit the judge said it was too late I should of objected. Am I missing something? Someone please educate me on what I.should do next time now.

  5. #5
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Just Received Discovery Materials for Speeding Ticket in Washington State

    You should make your motions as soon as your case is called, but It's NEVER too late to object to the lack of evidence. I would say you definitely have grounds for an appeal.

  6. #6
    Join Date
    Mar 2012
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    12

    Default Re: Just Received Discovery Materials for Speeding Ticket in Washington State

    how do I go about making an appeal?

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

    Default Re: Just Received Discovery Materials for Speeding Ticket in Washington State

    First of all OP was not OBJECTING due to lack of evidence, he/she was MOVING FOR DISMISSAL due to lack of evidence. However, the "evidence", when is was presented, was presented without proper FOUNDATION. That requires a TIMELY objection. Failure to make such an objection at the time is normally considered a waiver of the objection. And, as such, it is NOT an issue that can be raised on appeal.

    I would have to hear the recording of the hearing to be sure, but, based upon what OP has stated here, I'd say there are NO grounds for an appeal. Save the $220 that the appeal will cost.

    Barry

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Just Received Discovery Materials for Speeding Ticket in Washington State

    Quote Quoting xzibit3452
    View Post
    So I had my trial and I lost apparently because it was too late for me to object. The judge read the officers sworn statement and I asked for a motion for dismissal because no smd certifications on file. Bit the judge said it was too late I should of objected. Am I missing something? Someone please educate me on what I.should do next time now.
    Looks like the judge wanted you to object during his reading of the officer's statement....or when he said "I'm going to read the officer's statement".

    I think the judge was out of line myself.

  9. #9
    Join Date
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    Location
    CT & IL
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    5,273

    Default Re: Just Received Discovery Materials for Speeding Ticket in Washington State

    Quote Quoting BrendanjKeegan
    View Post
    Yes. That is a dismissal as well as the fact that he never stated the results of the accuracy checks.
    nor stated it was ever calibrated ...

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