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  1. #1

    Default Filing Dates and Date Stamps on Discovery for a Speeding Ticket

    Hello everyone,

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

    I have asked for a contested hearing, and my court date is five days away. I also did a discovery request, and am including here the documents I got back with private information removed.

    I understand that by law in WA state the ticket must be filed with the court within 5 business days. I am really confused as to whether I can use that as my defense, because the ticket was issued on 3-10-14, and in the discovery documents there is one copy of the ticket with a stamp that says "MAR 14 2014" and nothing else, and another copy of the ticket that says "FILED APR 21 2014 DISTRICT COURT GRAYS HARBOR COUNTY". Which date is the right date?

    The original ticket was green (manual).

    I'm nervous about going to court... any help for my defense is greatly appreciated!

    ~OceanGirl








  2. #2
    Join Date
    Feb 2010
    Posts
    1,383

    Default Re: Confused About Multiple Date Stamps/Filing Dates on Discovery for Speeding Ticket

    Ah. Here's what happened. Everything was filed with the court on time when it comes to the ticket.

    However, when the prosecutor saw the case, he told the officer his statement was severely lacking and to add some more information. So the officer wrote a bit more about the stuff and filed it on the 20th of April. Hence the two different dates.

    In any event, the officer fails to state that the patrol speed window of the SMD matched that of the vehicles speedometer and therefore no foundation has been set for the acceptance of moving radar. Move to suppress on these grounds and you should be able to get this dismissed.

  3. #3
    Join Date
    Jan 2006
    Posts
    188

    Default Re: Confused About Multiple Date Stamps/Filing Dates on Discovery for Speeding Ticket

    Personally, I'd call the Clerk of the Court and ask for the "filing" date. The 3/14 stamp may or may not be from GHCDC. Never hurts to ask.

  4. #4

    Default Re: Confused About Multiple Date Stamps/Filing Dates on Discovery for Speeding Ticket

    Quote Quoting BrendanjKeegan
    View Post
    Ah. Here's what happened. Everything was filed with the court on time when it comes to the ticket.

    However, when the prosecutor saw the case, he told the officer his statement was severely lacking and to add some more information. So the officer wrote a bit more about the stuff and filed it on the 20th of April. Hence the two different dates.

    In any event, the officer fails to state that the patrol speed window of the SMD matched that of the vehicles speedometer and therefore no foundation has been set for the acceptance of moving radar. Move to suppress on these grounds and you should be able to get this dismissed.
    Thank-you Brendan, that makes a lot of sense...

    What is "patrol speed window"? Is that a setting on the radar? I appreciate the tip, just want to have some idea of what I'm actually talking about when I say this to the judge

    On a side note it's funny to me that the officer wrote up his own version of events in the (rather late) statement, which are not accurate but I know I won't win arguing against a badge. He basically says more or less that I passed him speeding 20 miles over the limit like a crazy lady in a 30mph zone. Unbelievable... I would never be dumb enough to PASS a marked cop car directly in front and to the left of me, or to drive so recklessly. What happened is we were on the highway going exactly the same speed with him in front, but he tapped his breaks and changed lanes to get behind me and give me a ticket. This was right after an abrupt drop in the speed limit from 60 to 30 as the highway approached a small town. Apparently I didn't slow down fast enough and was an easy target for his monthly quota....

    - - - Updated - - -

    Thanks Jojo, I will!

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