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