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  1. #1
    Join Date
    Jan 2019
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    15

    Default What Red Flags to Look For in a Response to Discovery for a Ticket

    What red flags am I looking for? Also where can I find out when the officer filled my infraction with the court? Would this be on the discovery, citation, or where else?

  2. #2
    Join Date
    Sep 2010
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    19,666

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    Scan it in (redact the personal details) and let people take a look. Understand that the officer will not be there to augment or correct anything in the sworn statement, so if the gurus here can see an omission that will generally work for you.

  3. #3
    Join Date
    Nov 2009
    Posts
    861

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    As mentioned above, It really works a lot better if you can share your redacted discovery materials for a few of us to look over. For 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. Also it works better if you keep the same thread rather than make a new one for each question.

    Generally speaking, the officer has to provide certain specific evidence in his statement to lay foundation for the prosecution. Washington State has well established precedent requiring regular certification and testing of speed measuring devices (assuming you have a speeding ticket). Missing, incorrect or conflicting elements in the statement can provide various defenses, some weak and some strong.

    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.

  4. #4
    Join Date
    Jan 2019
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    15

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    Please let me know if you guys are able to view it. Thank you very much! Court is scheduled for this Wednesday

    https://drive.google.com/file/d/1gDw...ew?usp=sharing

    If I want to use IRLJ 6.6 as a motion to suppress, do I need to personally attain "...evidence in the certificate, affidavit or document is insufficient, or if it has not been filed as required."

    Basically asking if I want to use IRLJ 6.6 as a defense to win my case, what must I do before court (obtain record). Or can I use website this https://fortress.wa.gov/wsp/smdsearch/. I typed in the specific LIDAR System #LF004667 and got a back an error message.

  5. #5
    Join Date
    Apr 2014
    Posts
    192

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    The officer does not state that the unit was tested AFTER the stop as well as before the stop. Unless I am wrong that should be enough for dismissal. Otherwise it looks good to me.
    You would motion that the officer's statement does not provide proper foundation for the SMD measurement since there is no mention of testing after the stop. Because of this you want to suppress the SMD measurement which should lead to a dismissal.

  6. #6
    Join Date
    Sep 2010
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    19,666

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    There's no requirement for testing the unit after the stop. The bigger issue is whether the certification for the unit exists. It appears not to be in the state database and unless the state brings it to court, it doesn't "exist" for your trial.

  7. #7
    Join Date
    Jan 2019
    Posts
    15

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    Thank you, I was curious after the SMD lookup nothing was found. Doesn't make sense for a website to be used in order to find logs of SMD's but not to the one he specifically tagged me with, seems fishy. I guess how would I specifically word that come trial time?

  8. #8
    Join Date
    Nov 2009
    Posts
    861

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    Quote Quoting champton89
    View Post
    If I want to use IRLJ 6.6 as a motion to suppress, do I need to personally attain "...evidence in the certificate, affidavit or document is insufficient, or if it has not been filed as required."

    Basically asking if I want to use IRLJ 6.6 as a defense to win my case, what must I do before court (obtain record). Or can I use website this https://fortress.wa.gov/wsp/smdsearch/. I typed in the specific LIDAR System #LF004667 and got a back an error message.
    The website you are referring to only applies to devices used by Washington State Patrol officers, and won’t contain any devices used by City of Vancouver. In your case the IRLJ 6.6 calibration certificate should be filed at the court, and you should arrive early enough for your hearing to allow you to find and examine the cert.

    You would have a preliminary motion to exclude or suppress evidence of speed for lack of foundation if either of the following are true:

    1. The certificate is not filed as required.
    2. The certificate is out of date. Somewhere in the document you will find the city’s required time interval for recertification of the device—either 1 or 2 years.

    Paragraph 5 of the officer’s statement lacks elements necessary to lay foundation for the city’s case and there are 2 motions you can try, but both are open to interpretation by the judge:

    1. Preliminary motion to exclude or suppress evidence of speed for lack of foundation, because the officer does not attest to personal knowledge as required by ER 602 that the device was checked at the beginning of his shift, and only states that the device “was checked” by some unidentified person.
    2. Preliminary motion to exclude or suppress evidence of speed for lack of foundation, because the device was not retested for sight alignment at the end of shift as suggested in the manual for the Stalker LIDAR. The manual states: “We suggest this test be performed before each shift or at the beginning of the day. Some departments may want to perform this test at the end of operations as well, much like the tuning fork test for radar.”

    Announce that you have motions immediately when your case is called, before the officer’s statement is read into the record and before you are sworn in for testimony.

  9. #9
    Join Date
    Jan 2019
    Posts
    15

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    OK thank you searcher99. Where specifically can I go look at the calibration certificate at the court? Am I allowed to make photocopies of it to show the judge if there is a discrepancy?

    After the my motion is announced when my case is called, what happens after I mention one of the two options? If the judge argues against the first one, can I attempt the second motion?

  10. #10
    Join Date
    Nov 2009
    Posts
    861

    Default Re: Received My Rod (Request for Discovery) Now What Vancouver, Washington

    You will need to ask a court clerk to direct you to where the cert should be filed. Often they will hand you a binder with multiple certs to look through. If you point out a discrepancy the judge will likely ask the clerk to bring the cert. Also the prosecutor if present might provide it, but in that case I would argue that it should have been filed before.

    If the judge denies your first motion, you will be allowed to bring other motions. If any motion is granted, then you can move for dismissal due to lack of evidence.

    By the way when I referred to the calibration certificate possibly being out of date, I meant to say out of date on the day the ticket was issued.

    Also keep in mind that a missing or expired cert is probably a “slam dunk” but the other defenses depend more on the judge. If you definitely want to keep it off your record you could ask the prosecutor (if present just before the hearing) to amend to a non-moving violation, or ask the judge if he/she will still allow a deferred finding if your preliminary motions are denied. However an amended charge or deferred finding will definitely cost you some money as opposed to a dismissal.

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