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  1. #1
    Join Date
    Apr 2018
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    25

    Default Motion to Supress Officer's Statement Denied

    My question involves a traffic ticket from the state of: Washington State, Whatcom County

    I had a speeding violation and went through the helpful procedural guide and uploaded form to request discovery. I used registered mail to send a copy of this request for discovery - essentially word for word - which the court said they received when I called them a few weeks ago. I did not receive a response to my request and apparently Whatcom County does not provide discovery for routine speeding infractions anymore.

    My hearing was yesterday. The folks with lawyers that went before me easily went through IRLJ 3.1b) to get the tickets dismissed. When it was my turn, I provided him a copy of the discovery request as well as a printout of the tracking history. However, the judge denied my motion to suppress the officer's written statement. I was really shocked at this point and a lot of the things he said after went in one ear and out the other. From what I recall:

    1) He said I did not receive a copy of the stamp from the prosecutor's office indicating that they had received the discovery request. This made no sense because I had mailed the forms, which meant there was no way I could have gotten a stamp. He also said that even though I did mail something there was no proof of what I actually mailed. Basically, he said that he did not see anything on the file which corroborated my claim.
    2) He said that there were a variety of errors in the form such as how it was addressed but did not elaborate - he said that I should have gotten proper advice from legal counsel who know how to file these. I wouldn't have done this anyways because the ticket was $105 and an attorney would have cost more; also, I don't have car insurance so there would not be any rate increases.

    Thankfully my ticket was dismissed because the officer never submitted a statement, but I feel that this could have gone horribly wrong. What did I do wrong here? What should I do in the future so that this doesn't happen again? The entire situation feels kind of crazy.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Motion to Supress Officer's Statement Denied

    Quote Quoting coltonbrian
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    I don't have car insurance
    I'm surprised you didn't get nailed for that.

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Motion to Supress Officer's Statement Denied

    If there was no statement present to suppress, then that may be why he denied your motion since it was moot. Could there have been any mention in his comments about this that you missed?

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Motion to Supress Officer's Statement Denied

    Quote Quoting coltonbrian
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    Thankfully my ticket was dismissed because the officer never submitted a statement, but I feel that this could have gone horribly wrong. What did I do wrong here? What should I do in the future so that this doesn't happen again? The entire situation feels kind of crazy.
    If the officer never submitted a statement why are you surprised that you never got a copy of it through discovery?

    How to make sure this doesn't happen in the future.

    1. Slow down.
    2. Use a lawyer.
    3. Learn how to properly complete and submit discovery requests.

  5. #5
    Join Date
    Apr 2018
    Posts
    25

    Default Re: Motion to Supress Officer's Statement Denied

    Quote Quoting adjusterjack
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    I'm surprised you didn't get nailed for that.
    i was in a rental car at the time. what i meant to say is that i don't have a car of my own, so i don't have car insurance. thus, my rates don't go up even if this ticket goes on my record.
    Quote Quoting PayrolGuy
    View Post
    How to make sure this doesn't happen in the future.

    1. Slow down.
    2. Use a lawyer.
    3. Learn how to properly complete and submit discovery requests.
    as i just said, why would I pay a lawyer $200+ if the ticket is $105 and there are no effects of it if i lose at the hearing and it goes on my record???
    i would love to learn how to properly complete and submit discovery requests - i just followed the instructions in the stickied thread.

    Quote Quoting free9man
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    If there was no statement present to suppress, then that may be why he denied your motion since it was moot. Could there have been any mention in his comments about this that you missed?
    perhaps, but unlikely. he clearly said that i didn't file discovery properly and should have gotten legal counsel to do it correctly. which is absolutely trash, in my opinion given my circumstances.

  6. #6
    Join Date
    Sep 2017
    Posts
    495

    Default Re: Motion to Supress Officer's Statement Denied

    But having counsel would have gotten the forms filled out correctly, so it's not trash, it's solid advice. It just doesn't make sense for you for a $105 ticket if you don't have a way of getting it done for less than $200.

  7. #7
    Join Date
    Apr 2018
    Posts
    25

    Default Re: Motion to Supress Officer's Statement Denied

    why can't i just get free things

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Motion to Supress Officer's Statement Denied

    Quote Quoting coltonbrian
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    why can't i just get free things
    Because the taxpayers are not interested in funding your inability to drive within the speed limit.

  9. #9
    Join Date
    May 2014
    Posts
    211

    Default Re: Motion to Supress Officer's Statement Denied

    Quote Quoting coltonbrian
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    My question involves a traffic ticket from the state of: Washington State, Whatcom County

    ...he said that I should have gotten proper advice from legal counsel...
    This is the only thing that matters here. Although you have a legal right to represent yourself, most judges frown upon it because you haven't paid into the brotherhood of lawyers. More times than not, people who represent themselves are assumed to be guilty. People with lawyers are assumed to be willing to pay into the system and get more lenient sentences and or fines. I am not blasting lawyers, but just stating the facts. Go into court any day of the week, any type of court and see for yourself. It is not because the defendants are incompetent - it is only that they are willing to pay lawyers.

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