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  1. #1
    Join Date
    Dec 2018
    Posts
    3

    Default Should You Defer a Minor Traffic Violation

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

    Hello. My question is do I have any defense or any seen errors that I can use before I go to court. Thank you for your time.

    I have followed the Procedural Guide to Traffic Tickets in Washington State I have requested and received the Discovery packet from the Prosecutors office. I am unable to attach those documents at this time (forum newbe). I have sat in on a few sessions of contested traffic court. Based on that and the conduct that the judge has during traffic court. I think my best plan is to request a deferment. I just don't want to use up on a minor traffic violation. what are the chances that the prosecutor would allow me to plea to a non moving violation.




  2. #2
    Join Date
    Sep 2010
    Posts
    18,538

    Default Re: Speeding Ticket Discovery

    Upload them to some other site (like imgur) and post links to the pages on that site.

  3. #3
    Join Date
    Dec 2018
    Posts
    3

    Default Re: Speeding Ticket Discovery

    Here are the documents.










  4. #4
    Join Date
    Jul 2010
    Posts
    7,428

    Default Re: Speeding Ticket Discovery

    The only thing I see, and it's a crap-shoot, is the officer states the SMD was checked at the beginning and end of the shift. He does not attest that he conducted the checks. It's a quirk that I believe has had some success in the past but it's about all you have. That's a pretty solid statement otherwise.

  5. #5
    Join Date
    Dec 2018
    Posts
    3

    Default Re: Speeding Ticket Discovery

    Thank you for your reply. so try this first before the deferral?

    "Your Honor, I move to suppress the SMD evidence and move for dismissal. Officer Hayden does not state WHO performed these calibration tests, and no evidence exists to support that he performed the tests himself or that he had firsthand knowledge that the calibration was accurate. Furthermore, Officer Hayden does not state how long before or after the stop that said calibration took place."

    Or should it be directed at the officer not mention any training on the testing of the SMD device?

  6. #6
    Join Date
    Apr 2014
    Posts
    170

    Default Re: Speeding Ticket Discovery

    The officer will not appear unles you subpoena him, do not do this or he can clarify that he did the testing. As free9man said, it has a shot but the judge might not buy your argument.

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