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  1. #1
    Join Date
    Feb 2015
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    3

    Thumbs up Contesting an Aircraft Speeding Ticket

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


    Situation:
    I was pulled over I-5 going south, just past where the speed limit changes from 70 dropping down to 60 by Seattle Outlet Malls. The office said I was going 19 over (79), and then the ticket says it was clocked by aircraft. The officer said nothing about the aircraft when pulling me over. It was a very quick situation where only couple words had been exchanged with the officer, seemed there was no budging with them so I did not try, and received the ticket.

    Questions:
    My court date is scheduled for 23rd, today is the 4th, can I still file for Discovery Request in time if I dropped it off at the address of the court tonight? (14 day situation)

    How do I go about asking to move my court date to a later date? How often does this end up happening? In what cases does this change the Discovery Request situation?

    If I am not able to move the court date, file for discovery, can I still last minute use my deferral or send in the letter "guilty with explanation"? (and hope for it to be lowered)





    Thank you in advance for any information and knowledge on the situation

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Contesting an Aircraft Speeding Ticket

    If you don't file for discovery you won't get it -- so file.

    For procedures in municipal court, read this; for county court, read this.

    The court clerk may be able to provide guidance on whether you can request a continuance without filing a formal motion. For municipal court, see SMCLR 8.2.2. For county court, see LCrRLJ 3.3.

  3. #3
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Contesting an Aircraft Speeding Ticket

    For jaime11 and non-locals who read this thread, the above links do not apply.

    Seattle Premium Outlets are actually well north of Seattle and King County. They are 30 miles north of Seattle and 5 miles north of Everett in Snohomish County--next door to the Tulalip tribal casino just off I-5. This is the portion of I-5 southbound that approaches the Seattle/Tacoma/Everett metro area and transitions from a more rural 70 mph to 60 mph. Since the OP was cited by Washington State Patrol, probably the assigned court will be Snohomish County District Court—either Cascade or Everett Division.

    Discovery is served on the prosecutor and filed with the court. You can do that as late as Monday, which is 14 calendar days before the 23rd. The best procedure is to personally go to the prosecutor’s office with 3 copies of your discovery request and have a clerk stamp each copy. They will keep one copy, and then you deliver another copy to the court for filing. The third copy you retain for proof of service.

    Alternatively you could mail your discovery request (probably needs to be today) to the prosecutor, certified with return receipt requested. The return receipt becomes your proof of service. Also mail a copy to the court.

    If you want more time, most courts in Wa will give you one continuance. Snohomish County requires a written request at least 5 days before your hearing (probably 5 business days which means mail it no later than 2/14 or deliver by 2/16). You must give a reason (schedule conflict or whatever) and include a waiver of your right to a speedy hearing. By the way, each division has a drop box so after hours is ok for delivering a continuance request.

    Deferral requests have to be made in person at the hearing. If you haven’t already, be sure to read the procedural guide sticky and review the Snohomish court site linked above.

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