Re: Finding Best Defense for Speed Ticket - Cut N Paste Discovery Statement
You need to understand the appeal process in WA. Your appeal would be to the Grays Harbor County Superior Court. It is NOT a de novo retrial. It is an appeal "on the record". You will NOT testify, although you can give "oral argument". This all means that YOU must prove that the judge erred, and you must show that from the items submitted into evidence and the Verbatim Report (which you will also have to purchase and have transcribed -- the report, alone, was $40 when I did mine -- back in '04). From what you've said, about the only possible error I can see might be the judge's denial of your motion to suppress the speed readings due to lack of foundation for the officer's failure to compare the "patrol" speed to his vehicle's speedometer (which I believed was your only valid argument to begin with).
Unfortunately, I did not hear your motion, but if you did indeed say something to the effect that "the officer did not program in his correct speed into the device", I don't think you've got much chance. That's just not the way RADAR works. Had you explained that the user's manual indicates that those two speeds should correlate in order to assure an accurate reading, it might be different.
As far as your previous deferral, once you've passed the deferral period (usually 1 year), that ticket would have been dismissed. You can request a copy of your record from the DOL (they even have an online form), if you want to be sure. But, there's no doubt in my mind -- as long as it's been more than a year.
You're right about the system. Our laws give you the right to represent yourself in almost any legal proceeding. Unfortunately, when you do, you are expected to know the laws, case law, and court rules. MOST judges are a little more lenient and sympathetic than yours when it comes to pro se defendants. You, unfortunately, got a hard-case.
Where am I going? And why am I in this handbasket?