Results 1 to 8 of 8
  1. #1
    Join Date
    Sep 2019
    Posts
    3

    Default Cowlitz Co. Wa Speeding Ticket: Showing Prejudice

    On 6/12/19 I was cited for going 80mph in a 60mph in Cowlitz Co. WA. The posted speed was 70mph however I was towing a trailer behind a pickup truck which I have now learned causes the limit to drop to 60mph. Regardless, I returned the ticket for a contested hearing, and then requested a continuance due to being out of town on the initial date.

    I was given a court date of next Tuesday, 9/17/19. I filed discovery with the clerk and prosecutor which is stamped as Received on 8/26/19. I just received my response today, 9/11/19 - 6 days before my trial. It was postmarked 9/5/19. Additionally, the discovery was actually mailed to my former address and I only received it because I know the person who now lives there and they let me know about it. I have updated my address online when I moved over a year ago, but did not get a replacement driver's license as it is not necessary per WA guidelines. I received all the documents for the hearing notices at my new, updated address.

    My question is this: Should I try to suppress the officer's statement due to it being received late? (I had planned to meet with a trusted friend/attorney yesterday 9/10/19, but he could not offer advice due to me not receiving discovery, and he is busy until my hearing.) Or, should I claim I did not receive it at all then move to suppress and then dismiss, since it was sent to the incorrect address and I only received it through the kindness of the new occupant? How does one show prejudice in this scenario?

    I also am happy to post copies of all of the documents I have so far if it would be of help. I noticed the officer did not mention whether or not his window was up vs. down (he was on an overpass gunning out the passenger window) and he also did not mention there was a vehicle in front of me. He mentions checking its' function before and after his shift but not before and after citing me. Not sure if any of that matters. I have checked and the SMD was within the window for its certification.

    Any help or guidance would be appreciated. Thanks

  2. #2
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    506

    Default Re: Cowlitz Co. Wa Speeding Ticket: Showing Prejudice

    Quote Quoting EvanZ
    View Post
    Should I try to suppress the officer's statement due to it being received late? …Or, should I claim I did not receive it at all then move to suppress and then dismiss, since it was sent to the incorrect address and I only received it through the kindness of the new occupant? How does one show prejudice in this scenario?
    There is no prejudice in your receiving the discovery late. When you request discovery from the prosecutor or officer, it is your responsibility to make sure they have the correct address where you want it sent. This could be construed as negligence on your part rather than the prosecutor or officer.
    *****
    I may not always be right, but I am never wrong.

  3. #3
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Cowlitz Co. Wa Speeding Ticket: Showing Prejudice

    Jim, thank you for your reply. I feel like I should clarify: The Court & Prosecutor do have my current address, but for whatever reason sent it to my old address. The new address was used on all correspondence with the court, and my previous forms were sent to the correct address. I properly updated my address on file when I moved, and I also had my current address as the return address on my discovery request.

    Additionally, what would constitute prejudice in receiving discovery late? Per IRLJ 3.1 "If the prosecuting authority provides any portion of the discovery less than 7 days before the hearing, such untimely discovery shall be suppressed only upon a showing of prejudice in the presentation of the defendant's case."

    I know showing prejudice in this situation is notoriously difficult, I am curious however what would constitute such prejudice? Thanks again

  4. #4
    Join Date
    Mar 2013
    Posts
    17,230

    Default Re: Cowlitz Co. Wa Speeding Ticket: Showing Prejudice

    I am curious however what would constitute such prejudice?
    Prejudice would be if the delay made it impossible to prepare a proper defense. I don't see that happening here. If you can't prepare a defense in 6 days you probably couldn't prepare it in 7 days, or even 8 or 9 days.

    Besides, I don't see you having any defense to 80 in 60. I didn't know is no defense.

  5. #5
    Join Date
    Sep 2019
    Posts
    3

    Default Re: Cowlitz Co. Wa Speeding Ticket: Showing Prejudice

    Quote Quoting adjusterjack
    View Post
    Prejudice would be if the delay made it impossible to prepare a proper defense. I don't see that happening here. If you can't prepare a defense in 6 days you probably couldn't prepare it in 7 days, or even 8 or 9 days.

    Besides, I don't see you having any defense to 80 in 60. I didn't know is no defense.
    Jack, thank you for your input. Given that I had a meeting set up with my attorney friend for yesterday evening but couldn't do anything because I didn't have discovery, that sounds a bit like not having the discovery is actually harming my defense then...

    Would it be beneficial to me to get a signed affidavit from him stating that we had intended to meet but could not discuss my defense due to not having the discovery? He is actually moving out of state which is why I cannot get together again prior to my hearing. He also does not practice in Cowlitz County, or else I'd have him represent me.

  6. #6
    Join Date
    Jun 2017
    Location
    California
    Posts
    423

    Default Re: Cowlitz Co. Wa Speeding Ticket: Showing Prejudice

    All the court's going to do is give you a continuance. You're not going to get a dismissal for late discovery.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,230

    Default Re: Cowlitz Co. Wa Speeding Ticket: Showing Prejudice

    Quote Quoting EvanZ
    View Post
    He is actually moving out of state which is why I cannot get together again prior to my hearing. He also does not practice in Cowlitz County, or else I'd have him represent me.
    Then it's not the late discovery that's the issue, it's you finagling a no-cost attorney that's the issue. You could have just hired an attorney, which is what the judge will probably tell you.

    At best you might get a continuance. At worst, the judge might consider a traffic ticket to trivial (from his point of view) to make a federal case out of it and will expect you to be prepared for court that day or you'll lose once the officer testifies, which is likely to happen anyway.

  8. #8
    Join Date
    Nov 2009
    Posts
    829

    Default Re: Cowlitz Co. Wa Speeding Ticket: Showing Prejudice

    Quote Quoting EvanZ
    View Post
    I also am happy to post copies of all of the documents I have so far if it would be of help.
    Based on what you’ve stated it sounds like you might not have any strong defenses, but I’d still like an opportunity to read the officer’s sworn statement verbatim just in case something jumps out. You can 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

    1. Sponsored Links
       

Similar Threads

  1. Traffic Court Issues: How to Prove Prejudice from a Delay in Filing a Ticket
    By prusakolep in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-20-2016, 08:56 AM
  2. Discovery: Showing of Prejudice and Suppressing Evidence
    By lurkertom in forum Moving Violations, Parking and Traffic Tickets
    Replies: 14
    Last Post: 02-08-2012, 08:52 PM
  3. Plea Bargains: How Do I Change Dismissal Without Prejudice to with Prejudice
    By friendlyguy in forum Criminal Procedure
    Replies: 1
    Last Post: 07-26-2010, 04:23 PM
  4. Speeding Tickets: Showing Prejudice
    By Philiminilli in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 04-04-2010, 12:39 PM
  5. Speeding Tickets: Washington State Speeding Ticket Cowlitz County
    By apyett in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 07-27-2009, 08:41 PM
 
 
Sponsored Links

Legal Help, Information and Resources