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  1. #1
    Join Date
    Apr 2013
    Posts
    17

    Question Discovery for a School Zone Speeding Ticket in Washington State

    My question involves a traffic ticket from the state of Washington.

    Notice of Infraction issued 02/27/2013 (alleging 31mph in 20mph school zone).

    Contested Hearing scheduled for Fri 04/12/2013.

    Discovery Requests mailed certified to City Attorney and Police Department Fri 03/29/2013 with return receipt requested (i.e. postmarked 15 days before trial).

    No discovery materials received from either, as of today (hearing in three days), but also no return receipts. I know the Police Department at least received the materials though, as they called on Friday 04/05/13 to advise me that there would be a cost associated with some of my requested discovery materials (radar user's manual and list of all tickets issued by traffic officers that day — I waived my request for those items but requested they still send me the officer's sworn statement, the SMD certification, and any photo/video evidence they intended to use.

    It seems like I might be able to motion for dismissal based on IRLJ 3.1(b). I don't have solid proof that the City Attorney's office received my request because I never received the return receipts, but I do have the certified mailing receipt showing when I mailed them, and scanned copies of the signed requests, so can I just give my affidavit that this is what I sent, and I never received the requested materials?

    - - - Updated - - -

    ANNNNNNDDDD just realized that I did not FILE the Discovery Request with the court, just served it on the Police Dept and Attorney's office.

    Am I screwed?

    Can I ask to continue the hearing to a later date and start the whole process over again?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: School Zone Speeding Ticket in Wa State: No Response to Discovery Request

    Unfortunately, there is no time constraint on the Post Office. You may receive your receipts AFTER the hearing. But, that's one of the reason for "filing" your discovery request (and any other documents sent to a party) with the court. It helps prove that you did, indeed, submit a proper request.

    The police department is actually under NO obligation to provide you with any "discovery" materials. They usually treat them as FOIA requests, however, and will do their best to fulfill your request. It is the prosecutor who is responsible for providing the materials. Since you don't have your CRRR receipt, and you did not file your request with the court, you really don't have much in the way of "proof of service" -- unless the court accepts your "scans".

    Plus, you still have a couple of days during which they can send the materials.

    So, here's what I would do. I would make additional copies of your scans (one for the judge and one for the prosecutor, if one is present). If you do not receive the discovery materials from the prosecutor, I'd move for dismissal pursuant to IRLJ 3.1 (b). If the judge asks about "proof of service", present the scan copies. If that doesn't work, then ask for a continuance.

    If the discovery materials arrive (or use the ones that the PD sent you), scan them and post them to a hosting site, such as PhotoBucket. Put a link here so we can take a look. Be sure to redact any personally identifying information.

    Good luck,
    Barry

  3. #3
    Join Date
    Apr 2013
    Posts
    17

    Default Re: School Zone Speeding Ticket in Wa State: No Response to Discovery Request

    Thanks Barry!

    IRLJ 3.1(b) says I have to receive the discovery materials at least seven days before the hearing, right? The hearing is the 12th. So why would they have a couple more days to get them to me?

    I will make the motion for dismissal on Friday, and if it is denied, ask for a continuance given that I did not receive the materials timely, and for sure post them up here if/when I get them.

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: School Zone Speeding Ticket in Wa State: No Response to Discovery Request

    They have until the day before the hearing to get the officer's statement to you. If they do not, a simple motion to suppress the statement must be granted. Then you move for dismissal with prejudice for lack of evidence.

    Question for Barry: does the 14 day constraint apply to filing a copy with the court?

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: School Zone Speeding Ticket in Wa State: No Response to Discovery Request

    Quote Quoting dos-huevos
    View Post
    IRLJ 3.1(b) says I have to receive the discovery materials at least seven days before the hearing, right? The hearing is the 12th. So why would they have a couple more days to get them to me?
    Speedy is right. You are like so many that only read the parts of the law that they want to read, ignoring the rest. IRLJ 3.1 (b) states, in part:

    Quote Quoting IRLJ 3.1 (b)
    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.
    If you can show how NOT having the discovery 7 days prior to the hearing prejudices the presentation of your case, by all means go for it. I'm not sure how you can do that.

    Quote Quoting Speedy Gonzalez
    View Post
    Question for Barry: does the 14 day constraint apply to filing a copy with the court?
    Based upon the way the rule is written:

    Quote Quoting IRLJ 3.1
    (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 ....
    I'd say that it should be both filed and served 14 days in advance. But, realize that if you served it only, say, 10 days before the hearing does NOT mean the prosecutor doesn't still have to provide discovery. They just don't have to provide 7 days before the hearing. At least that's my understanding.

    Barry

  6. #6
    Join Date
    Apr 2013
    Posts
    17

    Default Re: School Zone Speeding Ticket in Wa State: No Response to Discovery Request

    Ok, good to know. Thanks a lot for your help, guys.

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