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  1. #21
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Completing Traffic School to Dismiss Speeding Violation (Washington State)

    Generally the judge will ask, but if not, then as soon as your case is called, state that you have a pre-trial motion. When the judge says to proceed, read your motion.

  2. #22
    Join Date
    Dec 2012
    Posts
    13

    Default Re: Completing Traffic School to Dismiss a Speeding Violation

    Whooo, case dismissed. My day in court was pretty interesting though. I started out in department 4 with Judge McRae, and after getting the lawyers (some of whom used IRLJ 3.1(b) to get dismissals), deferrals and reductions out of the way the first defendant was called up to approach the bench for a contested hearing.

    The judge asked if he wanted to make a motion, then swore him in and allowed him to offer an explanation. He claimed that the accident was the other drivers fault, and said that getting this infraction would cause him to lose his job. Judge McRae offered her sympathies but stated that his explanation was not enough to convince her the officers assessment wasn't correct. At that point the defendant fainted and toppled over backwards, smacking the back of his head against the desk behind him. He might have been out for a second or two but soon opened his eyes and seemed to be aware of what's going on. The clerk called 911, and the judge had the rest of us moved to department 1 with a different judge (though I didn't catch her name).

    I was the first called up, and when the judge brought up discovery documents I stated that I haven't received discovery. The prosecutor checked her files for the discovery documents and saw that they were stamped on January 15th, and she admitted that there might not have been sufficient time for them to reach me (I imagine they should arrive here today or tomorrow). The judge then asked if I wanted to make a motion, at which point I said pretty much exactly what I wrote on the previous page (though perhaps not quite as eloquently as I would have liked) and that was it.

    Big thanks to everyone who replied and offered advice, and particularly to blewis for his invaluable guide. Hopefully I won't have to come back here anytime soon, but it's nice knowing a resource like this exists.



    *Edited to add that before the contested hearings started the judge offered the option of a deferral for those who qualify (no CDL, no reckless driving or accident on the current infraction). $125 with no monitoring by the court, though the once per seven years rule still applies.

  3. #23
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Completing Traffic School to Dismiss a Speeding Violation

    Well, congratulations! Good job!

    Thanks for letting us know,
    Barry

  4. #24
    Join Date
    Aug 2008
    Location
    WA
    Posts
    7

    Default Re: Completing Traffic School to Dismiss Speeding Violation (Washington State)

    Hello Doraz,

    Did you delivery the request for discovery in person to the prosecutor's office and the court house?

    Senior Members,

    Which is the best way to serve the prosecutors in Bellevue Washington? Hand delivery, certified mail, or fax?

    Thanks in advance for everyone's feedback.

    Katy

  5. #25
    Join Date
    Nov 2009
    Location
    Federal Way
    Posts
    72

    Default Re: Completing Traffic School to Dismiss Speeding Violation (Washington State)

    Hand delivery. Three copies (one for the prosecutor, one for the court, one for your records), take them all to the prosecutor's and have them time/date stamp all three and leave one. Take the remaining two to the court clerk and have them time/date stamp the last two, leaving the court one to file. The last is yours and should have the time/date stamp of both the prosecutor and the court.

  6. #26
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: Completing Traffic School to Dismiss Speeding Violation (Washington State)

    Jeez, I have been so busy lately I did not see that he won. Belated congratulations!

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