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  1. #1

    Post Speeding Ticket (WA State) Discovery Included

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

    Hello everyone,

    Haven't been here in a while, need some advice please

    Received the discovery and at first I thought that I don't have any chances of dismissing it. But later I realized that only one page of "Exhibit A" was mailed to me and the SMD used in my case is not listed there. Can this be enough grounds for dismissal?

    Please take a look:

    https://imgur.com/a/XklTvGu

  2. #2
    Join Date
    Nov 2009
    Posts
    826

    Default Re: Speeding Ticket (WA State) Discovery Included

    I would make a preliminary motion for dismissal due to the incomplete discovery.

    Also if that is denied then I would move to exclude or suppress evidence of speed because the radar is not identified by the officer on his statement as required by ER 901. The id specified by the officer does not exist. If that exact id is entered on the state patrol lookup site for speed measuring devices, the device cannot be found and you would be unable to view the certificate.

    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. If any motion to suppress or exclude is granted, then move for dismissal.

  3. #3

    Default Re: Speeding Ticket (WA State) Discovery Included

    Quote Quoting searcher99
    View Post
    I would make a preliminary motion for dismissal due to the incomplete discovery.

    Also if that is denied then I would move to exclude or suppress evidence of speed because the radar is not identified by the officer on his statement as required by ER 901. The id specified by the officer does not exist. If that exact id is entered on the state patrol lookup site for speed measuring devices, the device cannot be found and you would be unable to view the certificate.

    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. If any motion to suppress or exclude is granted, then move for dismissal.
    Great, looks like I do have a chance! Thank you for your advice, sir! Is this the website to use to search for SMD certifications?



    That’s the good news.
    The bad ones: I was initially planning on driving to court myself (150 miles one way) but now it seems that there’s little chance of me taking a day off on that day. The court does allow to submit a written statement online in lieu of testifying in person but I’m kinda skeptical about that. I personally dismissed two tickets based on screwed up or missing paperwork. Are there any guarantees that my statement will land in front of the judge at all?
    Should I roll the dice by submitting the statement online or try my best to testify in person?

  4. #4
    Join Date
    Nov 2009
    Posts
    826

    Default Re: Speeding Ticket (WA State) Discovery Included

    You have linked the correct site for Washington State Patrol certifications, and as I stated before the id specified on the officer’s statement will not yield a result.

    Your chances of winning are far less with a written statement. IRLJ 3.5(a)(1) states that “The court shall determine whether the plaintiff has proved by a preponderance of the evidence submitted whether the infraction was committed.” The problem is there is no allowance for preliminary motions to dismiss due to incomplete discovery or suppress due to incorrect device identification. Your goal is to get the case dismissed--and not ever get to the point where you would have to testify, and to prevent the judge from considering the officer’s attestation due to the unidentified device. For that you need to appear in person.

    If the court date won’t work for you, usually 1 continuance is allowed automatically and you can probably request that by phoning a clerk.

  5. #5

    Default Re: Speeding Ticket (WA State) Discovery Included

    Quote Quoting searcher99
    View Post
    You have linked the correct site for Washington State Patrol certifications, and as I stated before the id specified on the officer’s statement will not yield a result.

    Your chances of winning are far less with a written statement. IRLJ 3.5(a)(1) states that “The court shall determine whether the plaintiff has proved by a preponderance of the evidence submitted whether the infraction was committed.” The problem is there is no allowance for preliminary motions to dismiss due to incomplete discovery or suppress due to incorrect device identification. Your goal is to get the case dismissed--and not ever get to the point where you would have to testify, and to prevent the judge from considering the officer’s attestation due to the unidentified device. For that you need to appear in person.

    If the court date won’t work for you, usually 1 continuance is allowed automatically and you can probably request that by phoning a clerk.
    So I decided not to take any chances by submitting the written statement and made it to the hearing yesterday. The ticket was dismissed!
    Searcher99, thank you for your input, I really appreciate your help! If you are local (Eastside or Seattle area) a 6-pack is on me!

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