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  1. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Discovery demand was not recieved 14 days prior in Washington

    First, in WA the backside of the tickets are, indeed, the officer's notes. The back usually includes checkboxes for SMD, LIDAR, etc.; Serial Number of SMD and tuning fork; Clear and Steady Tone YES/NO; Other vehicles in beam YES/NO; and so on. There is also space for the officer to write down any other information he/she deems necessary.

    And according to IRLJ 3.1, that's all you're entitled to.

    The filing date should appear on the front of the copy they just sent you -- look for a date/time stamp.

    As far as having received the letter on Feb 2, IRLJ 3.1 states (in part)
    Upon written demand of the defendant at least 14 days before a contested hearing, filed with the court and served on the office of the prosecuting authority assigned to the court in which the infraction is filed....
    "14 days before" means go to the calendar, find Feb 15, count backwards 14 days. You needed to file and serve the request on the 1st.

    Check the information in the officer's notes. You didn't indicate whether you subpoenaed the officer or not. If not, there needs to be information in the notes concerning the officer's location, fixed or moving, direction, etc. Anything not listed in the notes creates a potential lack of evidence. But, this is a pretty long shot.

    My advice -- ask for deferred findings, if you're eligible.

    Good luck,
    Barry

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