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  1. #1
    Join Date
    Jul 2015
    Posts
    5

    Default How to Suppress a SMD Certification

    My question involves traffic court in the State of: WA

    As part of my discovery, I only requested the following material:

    (1) a copy of the citing officer's
    sworn statement
    (2) a copy of video or photographic evidence the prosecutor
    proposes to introduce at trial, unless in reply to the discovery request the
    prosecutor provides the address to a website where such evidence is accessible
    to the defendant; and
    (3) the names of any witnesses not identified in the
    citing officer's sworn statement
    Like verbatim, as per IRLJ 3.1. I noticed that the PA also sent me a copy of the SMD certification however, and proceeded to file the response to discovery with the court. I was in court recently in preparation for my court date I noticed that information re certification of my particular SMD was not on file in their binder.

    Question: Can I suppress the SMD documents included in my discovery as I didn't even ask for them? I also don't understand how the cert can be entered on the record, when for instance, I can't submit a Radar manual into the record to use as part of my defense, being that I'm not an expert.

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

    Default Re: How to Suppress a SMD Certification

    Did you check to see if it's available online?

  3. #3
    Join Date
    Jul 2015
    Posts
    5

    Default Re: How to Suppress a SMD Certification

    Quote Quoting Mr. Knowitall
    View Post
    Did you check to see if it's available online?
    It is available online and it didn't expire for another month after I was pulled over. however, my understanding is that the court has to have it on file in order for it to have any bearing on my case. Incorrect assumption?

  4. #4
    Join Date
    Mar 2010
    Location
    Snohomish, WA
    Posts
    1,588

    Default Re: How to Suppress a SMD Certification

    Correct, it must be on file with the court. If they sent you a copy, it was also likely filed with the court in the case file at the same time.

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