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  1. #11
    Join Date
    Dec 2018
    Posts
    6

    Default Re: Trial in 2 Days, What Should I Do

    I called the court clerk today and she said that generally in court submittal errors, such as the address wrong on one line of my citation, don't usually waive a ticket.

    She said the cop is not required to provide the cop car vehicle number, and she said that would also fall under a submittal error. She said the best bet would be to prove I wasn't speeding.

    I asked about the speed points since m.p. 34 is very general and there are different poits with different speed limits within it, and she said generally that doesn't work as a defense.

    She said that I could speak with the prosecutor in court, before the judge arrives, about amending the citation to a nonmoving violation that won't go on my record.

    She didn't know if the inattention to driving does or doesn't show up on the driving record, although before a prosecutor receptionist said it didn't.The court clerk also said the judge offers a deferral option, although the prosecutor can offer more options.

    Again, though, they are not legal professionals, and she could also be instructed to say that to get people to ask for a deferral.

    What non-moving violations do not go on one's driving record and don't increase premiums? The only one's I'm aware of are parking violations. I'm not sure if mechanical violations, such as a taillight being out, would not go on one's record, but I would appreciate a list of possible non-moving violations that don't go on the record so I know what to choose when negotiating.

    Here is the first page generic letter from the prosecutor's office of the discovery that I didn't include before:
    http://i63.tinypic.com/eb53r7.jpg

    I consulted with a couple more lawyers and they both confirmed that the inattention to driving is getting reported on driving records as of September 2018.

    One person told me that in Kitsap the judge generally does not go for the submittal (i.e. incorrect address or cop not providing cop car) errors and my best bet is to work something out with the prosecutor.

    **I would like to know what non-moving violations that do not appear on one's driving record that I could request from the prosecutor. ***

    If anyone has taken a look at the radar information from the cop and can find anything done erroneously, please let me know.

    If anyone can find a higher speed limit in the speed points that I mentioned for m.p. 34, like as in this link https://www.wsdot.wa.gov/mapsdata/to...03/003X034.pdf please let me know.

    Do I address the prosecutor with a special title? Should I not respond at all except to say, "I don't recall," when cross-examined?

    My court case is 12/12 in the afternoon, wish me luck and any good talking points or how to properly address the prosecutor (like words to say or how to address him/her) would be appreciated!

    Did you see my last comment on page 2, searcher 99?

  2. #12

    Default Re: Trial in 2 Days, What Should I Do

    Just like I said they're not going to dismiss your ticket based on something as trivial as writing the address on the wrong line or anything like that. Cop who pulled me over wrote the wrong court date (Sunday) and other errors yet the corrupt judge wouldn't dismiss it.

    It may sound funny but I prepared for court by watching tons of Youtube videos on what to expect in traffic court, how to cross-examine, how to dress, etc. Hey they came in handy!

  3. #13
    Join Date
    Oct 2016
    Posts
    3,998

    Default Re: Trial in 2 Days, What Should I Do

    Quote Quoting acai
    View Post
    Just like I said they're not going to dismiss your ticket based on something as trivial as writing the address on the wrong line or anything like that. Cop who pulled me over wrote the wrong court date (Sunday) and other errors yet the corrupt judge wouldn't dismiss it.

    It may sound funny but I prepared for court by watching tons of Youtube videos on what to expect in traffic court, how to cross-examine, how to dress, etc. Hey they came in handy!
    If all the judges are so corrupt why bother?

  4. #14
    Join Date
    Nov 2009
    Posts
    862

    Default Re: Trial in 2 Days, What Should I Do

    Thanks for the information from the attorneys about inattention tickets. I’d be curious if they are speaking about all counties with that ordinance, or just Kitsap?

    Regarding court clerks, I’d be very skeptical about anything they say outside of procedural information. The best way to find out what works in a particular court is to attend a session when attorneys will be representing traffic infraction clients, and take notes. Clerks can usually tell you when that will be. Of course you would need a continuance to do that.

    The other thing that is quite helpful is to get familiar with rules such as the ones linked previously in this thread. If you see a possible rule violation it never hurts to try moving for suppression and/or dismissal regardless of what the court clerk thinks your chances are.

    Quote Quoting lawchick7
    View Post
    She said the cop is not required to provide the cop car vehicle number, and she said that would also fall under a submittal error. She said the best bet would be to prove I wasn't speeding.
    I disagree, and she should not be giving legal advice. It depends on what is in the officer’s statement. For radar tickets, the radar/tuning fork id’s are always required to lay proper foundation, and sometimes vehicle/speedometer id’s are required, especially when speed is measured by pace.

    In your case the officer used his radar in moving mode, and so was required to compare the radar patrol speed with his speedometer. Because he made a point of stating “my patrol vehicle’s certified speedometer” he was obviously implying that certification was important for foundation, and if that is true then he needs to provide sufficient identifying info. Otherwise his statement is meaningless and you can move for suppression due to lack of foundation. He went there. Sometimes a more thorough statement can provide extra defenses that a less detailed statement would not have.

    Pro se defendants typically never understand that they should try any preliminary motions they can possibly think of before attempting to prove they weren’t speeding. There’s no downside, and most attorneys actually win on motions.

    Everything I’ve said is probably mute however if your primary objective is to keep it off your record, which is especially important if you are young. If that’s the case then speaking to the prosecutor is probably the safest, and he or she should know about non-moving violations that might be available.

    You will still have the option to contest if you don’t like what the prosecutor offers. As for cross examination I would really hope that you never get to that phase. If preliminary motions fail you could even possibly ask for a continuance to better prepare your case.

  5. #15
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,393

    Default Re: Trial in 2 Days, What Should I Do

    I still want to know what's so corrupt about refusing to dismiss a ticket.

  6. #16
    Join Date
    Jul 2014
    Posts
    173

    Default Re: Trial in 2 Days, What Should I Do

    Quote Quoting cbg
    View Post
    I still want to know what's so corrupt about refusing to dismiss a ticket.
    They said that particular corrupt judge would not dismiss the ticket over a technical error. They did not say that not dismissing the ticket is what makes the judge corrupt, those are your words. They then generalized that this is because [all] judges see defendants as revenue.

    I realize you're just trying to prove an irrelevant point, but since you're so insistent, you may want to read the statement a little more carefully.

  7. #17
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,393

    Default Re: Trial in 2 Days, What Should I Do

    No, I am asking what it is that makes this particular judge corrupt. The post appears to be saying that the judge is corrupt because he refused to dismiss the ticket. I am looking for clarification - is that what the OP believes?

  8. #18
    Join Date
    Dec 2018
    Posts
    6

    Default Re: Trial in 2 Days, What Should I Do

    cbg I never mentioned anything about judges being corrupt. If you read page one in the comments, you can read acai's comment. And read through further comments.
    Not sure why people are bothering with that comment instead of giving advice.

  9. #19
    Join Date
    Jul 2010
    Posts
    7,875

    Default Re: Trial in 2 Days, What Should I Do

    Quote Quoting lawchick7
    View Post
    cbg I never mentioned anything about judges being corrupt.
    cbg never said you were saying that.

    Quote Quoting lawchick7
    View Post
    If you read page one in the comments, you can read acai's comment.
    That is who she quoted and who she was speaking to.

    Quote Quoting lawchick7
    View Post
    Not sure why people are bothering with that comment instead of giving advice.
    Something was said and someone wanted clarification. Forum posts can sometimes wander off like that.

  10. #20
    Join Date
    Jul 2014
    Posts
    173

    Default Re: Trial in 2 Days, What Should I Do

    Quote Quoting cbg
    View Post
    No, I am asking what it is that makes this particular judge corrupt.
    That may be what you want to know, but what you asked was, "I still want to know what's so corrupt about refusing to dismiss a ticket."

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