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  1. #11
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: How to Best Ask for Plea Deal in Traffic Citation

    Once again you are showing your limited intelligence. Apparently all you know about is WA traffic law and you do not care what anyone asks about it, you insist on TRYING to prove you have a brain. He asked about plea deals. Based on your posts, I know more about it than you. All you ever do is say file for discovery using Barry's template. You could be replaced with an App.


    Quote Quoting BrendanjKeegan
    View Post
    Can you STOP? Once again, you show that you know ABSOLUTELY NOTHING ABOUT WASHINGTON LAW. GO AWAY. Your responses can and probably are confusing people. You would be a fool to take a deferred finding over a plea deal. I don't know how you do it but even with one sentence you manage to be completely wrong.

    OP: What court?

  2. #12
    Join Date
    Feb 2014
    Posts
    11

    Default Re: How to Best Ask for Plea Deal in Traffic Citation

    Updated to include page 2.

    edit: here it is for easy reference: https://onedrive.live.com/redir?resi...t=photo%2c.png

  3. #13
    Join Date
    Sep 2011
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    OH10
    Posts
    17,019

    Default Re: How to Ask for a Plea Deal in Traffic Court

    You appear to have a serious issue. You are a CDL licensed operator. Federal anti masking regulations prohibit deferral or changing the charge. (Not amending for you future reference.) Though the discovery clearly shows the unit received its periodic inspection, it does not say who was responsible for it that day, who calibrated it that day or whether both officers took turns calibrating one before and one after shift. Barry is better with motions so I would defer to his wording. I would motion something along the lines of "Your honor , I remind the court I possess a commercial drivers license and that convictions against my license can carry a significant effect on my employment. It is clear from reading the discovery presented, the unit was last tested by a trained professional for accuracy about 1 1/2 years ago. The officers report states he was working with a partner and that the unit was tested and calibrated according to manufacturer specs. It does not state whether this was done by one of the officers, both of the officers, neither of the officers or what training in unit calibrations the person who performed the calibration possessed. Based on the states inability to establish the SMD was properly calibrated by a trained individual since July of 2012, I request the charge against me be dismissed".

  4. #14
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: How to Best Ask for Plea Deal in Traffic Citation

    About the only argument I can see involves the last sentence. Unfortunately, it also involves the Rules of Evidence, which means that, in order to make this argument, you MUST go to the hearing -- it cannot be done by mail, since IRLJ 3.5 (a) states:

    Quote Quoting IRLJ 3.5 DECISION ON WRITTEN STATEMENTS
    The examination may be held in chambers and shall not be governed by the Rules of Evidence.
    So, if you want to try it, I can elaborate on the argument. If you can't travel to Wenatchee, I'd suggest calling the Clerk of the Court and asking for the phone number of the prosecutor's office. Call them and ask to talk to the prosecutor assigned to your case. As Mr. Knowitall says, "Politely" ask if you can plea bargain this to a cell phone violation or some other non-moving offense that won't be reported to your insurance company.

    Please understand that a lot of prosecutors won't entertain such requests unless you're an attorney. But, some will. It's worth a try.

    Good luck,
    Barry
    Where am I going? And why am I in this handbasket?

  5. #15
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How to Best Ask for Plea Deal in Traffic Citation

    RCW 46.16A.180 relates to presentation of registration to law officials when requested. I could not find the fine, however it would not be a violation of Federal Anti Masking Regs to have the speed charge amended to a guilty plea of that since you were in fact guilty.

  6. #16
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: How to Best Ask for Plea Deal in Traffic Citation

    Quote Quoting Disagreeable
    View Post
    RCW 46.16A.180 relates to presentation of registration to law officials when requested. I could not find the fine, however it would not be a violation of Federal Anti Masking Regs to have the speed charge amended to a guilty plea of that since you were in fact guilty.
    "Federal Anti Masking Regs" -- you mean laws against wearing MASKS? What does that have to do with the price of tea in China? Another irrelevant post from Mr. Unknowledgeable. Gotta keep up the 30 irrelevant posts per day goal, I guess.

    Ya know, I'm beginning to think I know who you are. You were here a while ago under a different "name" and got banned, if I'm not mistaking. And I think you were around 30 posts per day at that time with over 10,000 total. Hmmmm. Do we detect a pattern?

    Barry
    Where am I going? And why am I in this handbasket?

  7. #17
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How to Best Ask for Plea Deal in Traffic Citation

    "Federal Anti Masking Regs" -- you mean laws against wearing MASKS?
    Oh, for the love of butt, Barry. I know you like poking Dis with sharp sticks, but this is ridiculous.

    Federal Anti-Masking Regulations refers to certain prohibitions on plea bargains for holders of CDLs. In some instances, plea bargains are seen as "masking" the original, more serious charge. You can read this explanation here. (It's an Indianapolis law firm, but it explains what does and does not constitute masking, and why there is confusion over it.)

    You were here a while ago under a different "name" and got banned, if I'm not mistaking.
    You are mistaken.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  8. #18
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: How to Best Ask for Plea Deal in Traffic Citation

    You're right -- he/she is MUCH more helpful, far more knowledgeable, and just an all around better person than I am, so I can see why you ALWAYS take his/her side. I think I'll just start trolling.... That's what this place is becoming -- a haven for trolls.

    Barry
    Where am I going? And why am I in this handbasket?

  9. #19
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: How to Best Ask for Plea Deal in Traffic Citation

    Sweetheart, "troll" does not mean "things I don't like to hear".

    You're the one making stupid pronouncements about masks instead of reading the actual information presented. Go take a walk and cool your jets, then come back and read what the nice lawyers put out there regarding anti-masking prohibitions for CDL holders.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  10. #20
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: How to Best Ask for Plea Deal in Traffic Citation

    Ya know -- you're absolutely correct. I made a mistake. I did not thoroughly research the subject before I posted. So, let's see you jump all over Mr/Ms. Unknowledgeable the next time he/she makes a mistake. It won't take long....

    Barry
    Where am I going? And why am I in this handbasket?

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