I have a contested hearing today for a speeding ticket in King County, Washington. I submitted Request for Discovery using this template provided on this forum which requests 1. List of witnesses, 2. copy of officer's statement (which I received, which seems to be signed by "user name and password"), 3.
"Calibration and certification log for the SMD used on ##/##/#### in issuance of Citation ####, if not on file with the court pursuant to IRLJ 6.6(d)."
The response I received from the prosecutor failed to include any kind of SMD certification information, device #, or even state where I could find such information. Instead, the response just stated:
"The City specifically endorses Ed Cole as its speed measuring device expert witness. Mr. Cole may be contacted at ...."
"That the City may call any police officer or civilian witness who is identified in the police report, or otherwise (according to IRLJ 3.1(b), 3.3(c))"
Can I get the ticket dismissed because no evidence of SMD testing/certification was provided in response to Request for Discovery?
If so, what specifically should I say to do so? Also, should I try to call the court to find SMD testing info myself, or just focus on the point that this was not provided to me.
Is prosecutor even allowed to present any kind of SMD certification info or expert witness (in person or written statement) since they didn't seem to respond that they would so or provide me with requested copy of it?
If I am supposed to look elsewhere to find SMD log info, what requirements should I compare the SMD certification against to see if its valid?
And the officer's statements states "Violator was directly in front of me... accelerated quickly (from stop at light)... reached speeds of 50-55... I obtained a short pace of the violator, and pulled .. over" There was no mention of the type of SMD used and just a "short pace" is mentioned.
Also, after responding to officer that I didn't think I was going fast and not responding to question about knowing the speed limit, the officer told me (without prompting) that I am "supposed to check the 2nd box, then you can request Deferment or subpoena me to argue your case", stating several times (before and after any questions from me) that I must check that checkbox - which I later saw was the one for Mitigation hearing, though he didn't specifically name it or explain it. Should I say anything about that in court, about how misleading that was, making me think that was what I must only check the Mitigation checkbox, whether I wanted to ask for Deferment or even to exercise my right to "go to court and subpoena him." I didn't ask him specifically what to do to "contest", but I also didn't ask him for any advice upfront either, he just told me what to do.
Finally, I noticed that the ticket states a speed limit of 35mph, but the far side of the intersection I was stopped just before shows a speed limit of 30mph. Should I point that out to get dismissed (despite it making it making my reported speed of "55-60" look even worse)? Though I noticed later that many blocks before highway exit even that there was a 30mph sign and though I didn't fully reach the speed limit sign, it was visible from where I was stopped (and located right at the intersection mentioned as stopping point on my ticket) and was the first sign on the road (after where I exited the highway).

