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  1. #1
    Join Date
    Jan 2019
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    11

    Question Conducing a Contested Hearing for a Ticket in Shoreline, Washington

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

    I am following the instructions Barry posted. I want to file discovery. I know from reading the guide I need to file with prosecutor and clerk. I have a hearing coming up in Shoreline. A few questions:

    1. The clerk said I could fax the discovery to court and prosecutor. Has anyone done this and is it a good alternative? E.g. how do I have proof they received it?

    2. I will likely ask for deferral unless I donít receive discovery. I read in the guide that prosecutor will read sworn statement first unless thereís pre trial motion. If I donít get discovery materials do I verabally make a pre trial motion? And if I did get discovery materials then should I ask for deferral before the prosecutor makes a statement? Overall will it be clear when I need to do what (I read about going to court before the trial but thatíll be difficult since they scheduled one far from me)?

    Thanks

  2. #2
    Join Date
    Nov 2009
    Posts
    810

    Default Re: Shoreline Contested Hearing

    Faxing might be ok, but for real proof you probably have to do service by mail following Rule 5 in Washingtonís Civil Rules for Courts of Limited Jurisdiction. That involves including with the request an affidavit of mailing. To do that you can modify sample text in the rule, and then use the discovery template format while replacing the title and body to suit your affidavit.

    If you want help reviewing discovery, upload digital photos or scans (with your personal id and citation number redacted) to any free image hosting site and link them here in your thread. Itís always possible you could have other defense motions based on what you receive through discovery.

    Preliminary motions are verbal in most Washington traffic courts, and a deferred finding request is also preliminary. If a prosecutor is present you might be able to come a little early and ask him/her to amend to a non-moving violation.

  3. #3
    Join Date
    Jan 2019
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    11

    Default Re: Shoreline Contested Hearing

    Thanks searcher99. I did some more digging in the forum and read this:

    But, yes, if your ticket had been filed with any King County District Court, you could have filed your response at ANY King County Courthouse.


    I’d have to drive to Seattle to file with prosecutor and would be easier if I could file copy in Issaquah king co. District. Is this still possible and is there any risk or downside to that approach (there systems aren’t linked, etc)?

  4. #4
    Join Date
    Nov 2009
    Posts
    810

    Default Re: Shoreline Contested Hearing

    You will be serving your request on the prosecutor and filing a copy of that request with the court. You must get the request to the prosecutor whether by mail, fax or in person. Only filing with the court is not service and the prosecutor would not necessarily need to comply with the request.

  5. #5
    Join Date
    Jan 2019
    Posts
    11

    Default Re: Shoreline Contested Hearing

    Sorry, I made a typo, yes, I meant serve on the prosecutor. I also confirmed I can file with any King County Courthouse, so that's very helpful info.

    Hopefully one last question about discovery. Barry's template shows place for Case No. However, the Notice of Hearing does not have that anywhere that I can see. Only Ticket number (which matches the Infraction # exactly). So I assume I use that.

    Reference from Template Guide: The “Case No.” should be the case number shown on your hearing notice. It may be slightly different from the Citation Number on your ticket.

  6. #6
    Join Date
    Nov 2009
    Posts
    810

    Default Re: Shoreline Contested Hearing

    The ticket number should be fine.

  7. #7
    Join Date
    Jan 2019
    Posts
    11

    Default Re: Shoreline Contested Hearing

    Thanks that turned out to be the case. Also for anyone else running into this, the Prosecutor's office is on the 5th floor in the Seattle Court building on 3rd Ave. and the clerk is on the 3rd floor. So you can get the prosecutor's stamp and then take it down and file the second copy with the King County District West Division office. This info would have saved me a LOT of time.

  8. #8
    Join Date
    Jan 2019
    Posts
    11

    Default Re: Shoreline Contested Hearing

    I received my discovery that included a copy of the ticket and officer's statement. The ticket copy does not show a filing stamp anywhere. Do I need to contact the court and ask when it was filed?

    The officer summarized the facts and included his opinion on a key point, which differs from mine. I've read enough forum posts to know it's my word vs. his (and his will likely carry more weight in court). So I suspect it's at best 50/50 for me to defend the argument. So I'll first try to work with prosecutor to amend (given I have a clean record maybe that will work). Any tips for finding the prosecutor in Shoreline?

    Thanks

  9. #9
    Join Date
    Nov 2009
    Posts
    810

    Default Re: Shoreline Contested Hearing

    For electronically filed SECTOR tickets, tech support might be able to give you the “last modified” time for the ticket which would indicate when it was filed. Usually they are uploaded/filed promptly so the late filing defense doesn’t usually work anymore.

    You can try contacting the King County Prosecutor’s office. If a prosecutor is present there usually will be an opportunity to speak with him/her just before your hearing starts.

    You are correct that arguing circumstances will often not work for contesting, assuming your ticket is not for speeding. However if it’s a speeding ticket your best defenses would involve preliminary motions to get device evidence suppressed due to insufficient device testing or certification. Also if your ticket was after a collision not witnessed by the issuing officer, you might have a defense if no actual witnesses are present at the hearing.

    If you want help reviewing discovery, upload digital photos or scans (with your personal id and citation number redacted) to any free image hosting site and link them here in your thread.

  10. #10
    Join Date
    Jan 2019
    Posts
    11

    Default Re: Shoreline Contested Hearing

    Really appreciate the help you've provided it's been very useful. When I saw the computerized report I suspected the 5 day filing wasn't going to be an issue.

    Regarding contacting the prosecutor's office - do you mean calling them before the meeting and asking who will be the prosecutor for the traffic tickets that day? Or actually discussing it by phone ahead of the hearing (I didn't try that because didn't think they'd be interested in spending time discussing it)?

    The ticket isn't for speeding - it's for another infraction in which the law leaves it open to interpretation whether the action was preventable. So I didn't upload the ticket because I figured that'd just be a waste of your time.

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