Speeding Ticket in Issaquah, Washington

[Cascadian]

I got a ticket for speeding in Issaquah, on Issaquah-Pine Lake road back in October. I'm going to file for discovery today (Nov 30) for my court hearing on Dec 14. I'll be using the template Barry posted a while back. For a hearing in Issaquah District Court which prosecutor's office should I bring the discover request to? The office in Seattle, or Redmond? Does it matter? Would I be more or less likely to receive my discovery documents with a particular office?

Thanks.

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Bleh. I should have checked into this earlier. Turns out the prosecutor is not the county prosecutor but the prosecutor for the city of Sammamish. Makes sense, since the officer was a Sammamish officer now that I think about it. But apparently they don't have their own attorney -- looks like they use Lynn Moberly who prosecutes for them, for Issaquah, and for Snoqualmie. I can't find a physical address for her, only a PO Box. Since my court hearing is in 14 days is there any way for me to get a request for discovery in time?

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After many phone calls I've tracked down that the Issaquah Municipal Court has an inbox for her, and that I can deliver it to her there. And she might even have an office right next to the Issaquah Muni Court. Yay!

[Mr. Knowitall]

You're good for now, then?

[Cascadian]

Yah. I'll report back after I get my discovery documents. Should I make a new thread at that time or continue this thread?

[davidmcbeth3]

You can ask the postmaster for the physical address that's attached to the PO box...you may need to complete a form .. most postmasters will just tell you over the phone though...

[Cascadian]

So it's now 7 days before my trial and I did not receive any discovery documents. Is this pretty much a win, or might they just move my court date to a later time if they give me the documents between now and the 14th?

Thanks!

[gogodawgs]

So it's now 7 days before my trial and I did not receive any discovery documents. Is this pretty much a win, or might they just move my court date to a later time if they give me the documents between now and the 14th?

Thanks!

It still can be provided. If it's late you can ask for a continuance.

If no discovery is provided then it will be a slam dunk.

(b) Discovery. Upon written demand of the defendant at least 14 days before
a contested hearing, filed with the court and served on the office of the
prosecuting authority assigned to the court in which the infraction is filed,
the prosecuting attorney shall at least 7 days before the hearing provide the
defendant or the defendant's lawyer with (1) a copy of the citing officer's
sworn statement (2) a copy of video or photographic evidence the prosecutor
proposes to introduce at trial, unless in reply to the discovery request the
prosecutor provides the address to a website where such evidence is accessible
to the defendant; and (3) the names of any witnesses not identified in the
citing officer's sworn statement. No other discovery shall be required. 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. Neither party is
precluded from investigating the case, and neither party shall impede another
party's investigation. A request for discovery pursuant to this section shall
be filed on a separate pleading.

[Cascadian]

I got the discovery documents in the mail today. I don't have a scanner here at home so I'll post it up on Monday. They did not include SMD certs, but said they are available at the court. Is there any way to find them online? Or is the only thing to go to the courthouse in person? I'll transcribe the officer's written statement here:

------
On 10/2/12 at appx. 2315 hours I was on active patrol in Sammamish. At that time I saw WA-XXXXXXX traveling significantly faster than the posted speed limit "35" on Iss-Pine Lk Rd SE. I verified the vehicles speed with my radar (??(looks like fallen)?? # FH02085) as 51 MPH in a 35 MPH zone and locked it in.
I pulled the veh over, identifying the driver as XXXX XXXX and am citing him into Iss. Dist Court for speeding. RCW 46.61.400 50 in a 35 zone.
------

[davidmcbeth3]

That's has got to be one of the worst statements I have seen ... you sure that's it?

[jjb]

Is that all the officers statement says? Nothing at all about verifying the accuracy of the radar unit?

[Cascadian]

Yah. Nothing about that. That's the whole officer's report.