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  1. #11
    Join Date
    Nov 2009
    Posts
    861

    Default Re: Received the Discovery Without Smd Certification But...(WA)

    Quote Quoting russoturristo
    View Post
    Isn't the tuning fork's serial number supposed be mentioned on the officer's report?
    Most radar units have 2 assigned tuning forks and they are a required element to be listed on the affidavit. However I’m not sure about this new model. According to the Eagle 3 Quick Reference Guide, “An Automated Test sequence guides the operator through a simple yet thorough tuning fork test. The operator may use the eFork in the remote control or traditional tuning forks.

    The eFork apparently has a patent pending. It is new technology, so the judge very well could require use and identification of the traditional assigned tuning forks.

    However if no certification is available at the court as directed by the prosecutor, your wife’s first defense should be a preliminary motion to suppress or exclude for lack of foundation the speed reading based on inability to follow the prosecutor’s discovery instructions.

    If the cert is at the court, then she can try a motion to suppress or exclude the speed reading for lack of foundation because tuning forks are not identified.

    She should announce her motions immediately when her case is called, before the officer’s statement is read into the record and before she is sworn in for testimony. If any motion to suppress or exclude is granted, then she can move for dismissal.

  2. #12

    Default Re: Received the Discovery Without Smd Certification But...(WA)

    Quote Quoting searcher99
    View Post
    Most radar units have 2 assigned tuning forks and they are a required element to be listed on the affidavit. However I’m not sure about this new model. According to the Eagle 3 Quick Reference Guide, “An Automated Test sequence guides the operator through a simple yet thorough tuning fork test. The operator may use the eFork in the remote control or traditional tuning forks.

    The eFork apparently has a patent pending. It is new technology, so the judge very well could require use and identification of the traditional assigned tuning forks.

    However if no certification is available at the court as directed by the prosecutor, your wife’s first defense should be a preliminary motion to suppress or exclude for lack of foundation the speed reading based on inability to follow the prosecutor’s discovery instructions.

    If the cert is at the court, then she can try a motion to suppress or exclude the speed reading for lack of foundation because tuning forks are not identified.

    She should announce her motions immediately when her case is called, before the officer’s statement is read into the record and before she is sworn in for testimony. If any motion to suppress or exclude is granted, then she can move for dismissal.
    Great, thank you, sir!
    I really appreciate your help.

  3. #13

    Default Re: Received the Discovery Without Smd Certification But...(WA)

    Update:

    My wife's ticket was dismissed yesterday!

    She asked court clerk for the SMD cert. They didn't have it, told her to talk to the prosecutor. The prosecutor was present in the court room, they talked before the hearing. The prosecutor said that she'd move for the dismissal since the paperwork was missing on the officer's report.

    When my wife took the stand the judge asked her about how she wanted to proceed. That's when the prosecutor moved for dismissal. That's it!

    Hearing about prosecutor being present in the court room was new to me as it never happened in any of my cases.

    Anyway, thank you everybody for your input!

    Special thanks to searcher99!

  4. #14
    Join Date
    Nov 2009
    Posts
    861

    Default Re: Received the Discovery Without Smd Certification But...(WA)

    Congratulations to your wife and thank you for the valuable court information. Some courts do have a prosecutor present which gives defendants an additional option of discussing and negotiating just prior to the hearing.

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