My question involves traffic court in the State of: Washington
County of: Mason
Hello forum experts,
I received a speeding ticket on 29DEC13 driving on SR3 between Shelton and Belfair. I was traveling N/B and the WSP officer was traveling S/B in the opposite direction on a two-lane hwy. I promptly pulled over at the nearest safe turnout and was polite and courteous during the whole encounter. The officer first asked me if I knew how fast I was going. I replied that I did not since I was looking at the road and not the speedometer when he passed me. The officer alleged that he clocked me doing 67 and asked if I knew what the speed limit was. I told him I thought the speed limit was 55, which was correct. He said that because of the foggy conditions there was moisture on the roads and it wasn't safe for me to be going that fast. He stated that there were also deer in the forest and that he had seen 'two accidents' that morning on the same road where cars hit deer. He said that he had to give me a ticket but that he would give it to me for 5 over instead of 12 over but that all the details of my actual speed and the conditions would be on his report. I was polite and accepted the ticket and tried to be as forgettable as possible.
I immediately decided that I would be fighting the ticket because A. I don't believe I was going 67 B. I wasn't driving in an unsafe manner C. Feel that I got targeted because I was an out-of-towner and D. Disagree with the WSP's use of citizens as an ATM to fund the government.
I filed for a contested hearing and received a date of 24FEB. After reading the forum I decided to submit a request for discovery thanks to Blewis' excellent guide. I created the document and mailed it CRR on 10FEB to the Mason County Prosecutor and Clerk. They received it 14FEB. I did not receive their response until 21FEB but think I may have messed up by sending it to late. I think it needed to be received by them 14 days before the court date. I decided not to summon the officer at the suggestion of many posts on this forum.
Below are links to my discovery request and their response. There is nothing related to the SMD used in the citation and the officers statement is very short. Is this a cause for dismissal?
I also found it odd that they used the response as a discovery request to me for a list of my witnesses. I wont be responding as this was received 4 days before the court date.
Experts, please review this infraction and discovery response and let me know if there is anything you would pursue in court.
Thanks so much in advance! This forum has been extremely helpful