My question involves a traffic ticket from the state of: Wa
Just a brief synopses.. Grays Harbor, District 2 court.
I presented A motion to dismiss pursuant to 2.1(b)(4) before court rules.... Missing Subsection - Violation of State v Leach.
The infraction notice did not contain the statutory element which states the particular alleged violation. I notified the court that because of this, I could not move forward as I could not formulate a defense without knowing the actual subsection I was being charged under.
The judge immediately warned me that State v. Leach was a criminal case and I argued that it still applied.
The bewildered judge took a few mins to look up 46.61.400 "The WA Basic Speed Law" which he should have been somewhat familiar with already.. Looked through the statute and mumbled...
"Okay 46.61.400 your citation was for forty in a thirty five, five miles over the limit that's the charge and you say that's constitutionally defective because he didn't put the the second prong of the statute in there, well subsection 1 is too fast for conditions subsection threes got nothing to do with anything in this case the issue in the case is due process and you're charged with going 40 and a 35 and this gives you fair notice of that, your motion is denied."
The officer who presented little to no statement on the NOI or in his testimony was then questioned as to whether he knew which subsection I was being charged under. The officer did not know and had no personal knowledge of the statute or the basic Washington speed law. I moved to dismiss and was denied.
During the cross-examination the officer repeated over and over that he could not remember or just didn't know answers to questions.
I made a certain objection, because the officer seemed incompetent and lacked knowledge of vital elements, the officer stated several times that he did not know what his Patrol speed was from his moving vehicle when he visually observed me or when he used the radar to clock my speed.
The objection was that the state did not have vital elements to prove its case- Motion to dismiss. The judge paused the hearing and went silent, seeming to consider this motion do dismiss.
The judge then intervened and reopened the state's case as to manufacturer evidence by coaxing the officer into presenting a narrative to create a fact that was not in evidence and change his story.
The judge went on to ask the officer leading questions, and once the judge finally got the what he wanted, the judge then entered the officers answer into testimony evidence, the judge then denied my motion to dismiss.
Ok, well that's only small snippet. the question is to Appeal or Not Appeal.
I feel that the issue of Abuse of Discretion, bias and prejudiced along with Violating Due Process because I have not been notified properly may be in play.
I've got 9 more days to file.. Any thoughts?
Had to edit.. please delete this thread as it is a double post
I didn't realize that you can't edit or delete a thread after a it's been posted. .. So please bare with the clerical errors.