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  1. #1

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

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

    My wife got a speeding ticket in a construction zone due to temporary reduced speed limit.
    We requested the discovery and when we got it there was no SMD certificate attached. So I thought that the ticket would be dismissed easily.
    But then I read the discovery's front page and there was something new to me, I'm quoting the last paragraph:
    " All other discovery is your responsibility to obtain from the proper agency.
    Speed measuring and/or weight scale certificates are available for inspection in the Courtroom. See IRLJ 6.6(d)"
    So I'm kinda lost on how to proceed. I'm used to receiving the certificates. I'm also used to move for dismissal if the certificate was missing.
    Yet in this case it clearly states that it's my responsibility to obtain it.
    I did check the SMD's tag on the WASP's website and found the certificate there. Is it the way how it's done now? Is everyone supposed to be aware of where and how to obtain the certificates?
    Or can she still try to dismiss the ticket due to missing certificate in the discovery?
    P.S.
    Is defferal allowed only before taking the stand or can it be taken as an option if the judge doesn't dismiss the ticket?

  2. #2
    Join Date
    Oct 2016
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    Default Re: Received the Discovery Without Smd Certification But...(WA)


  3. #3

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

    Quote Quoting PayrolGuy
    View Post
    I did.
    How to request a copy, through a clerk, judge? Before the hearing or during?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,480

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

    'Tis the way it's been done for a long time. Discovery doesn't require they collect documents for you, just that they provide what they have. If they gave you the unit tag number, it's up to you to request (or lookup yourself) from the SP.

  5. #5

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

    Quote Quoting flyingron
    View Post
    'Tis the way it's been done for a long time. Discovery doesn't require they collect documents for you, just that they provide what they have. If they gave you the unit tag number, it's up to you to request (or lookup yourself) from the SP.
    I see.
    Thank you.



    Looks like deferral is her best option since I wasn't able to find any mistakes in the report and the SMD certificate is valid.

  6. #6
    Join Date
    Nov 2009
    Posts
    849

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

    Quote Quoting russoturristo
    View Post
    But then I read the discovery's front page and there was something new to me, I'm quoting the last paragraph:
    " All other discovery is your responsibility to obtain from the proper agency.
    Speed measuring and/or weight scale certificates are available for inspection in the Courtroom. See IRLJ 6.6(d)"
    So I'm kinda lost on how to proceed. I'm used to receiving the certificates. I'm also used to move for dismissal if the certificate was missing.
    Yet in this case it clearly states that it's my responsibility to obtain it.
    I did check the SMD's tag on the WASP's website and found the certificate there. Is it the way how it's done now? Is everyone supposed to be aware of where and how to obtain the certificates?
    Or can she still try to dismiss the ticket due to missing certificate in the discovery?
    P.S.
    Is defferal allowed only before taking the stand or can it be taken as an option if the judge doesn't dismiss the ticket?
    IRLJ 3.1(b) specifies 3 items required to be provided in a discovery response. The IRLJ 6.6 certificate is not a required item for the prosecution to provide but should be filed at the court. At least a few judges will not recognize the WSP site and require that it also be at the court.

    However I think that itís very much in your wifeís favor that the discovery states, ďSpeed measuring and/or weight scale certificates are available for inspection in the Courtroom. See IRLJ 6.6(d)" and they are NOT giving you the web site.

    Per the instructions from the prosecution, in your wifeís case the judge probably will suppress and dismiss if the current cert is not filed at the court, so she should definitely check either on the day of her hearing or sooner. If filed she should check to see if it is current and to see if the tuning forks match the officerís affidavit, and if not move to exclude or suppress.

    She can always ask the judge if deferral is allowed pending outcome of preliminary motions.

    Quote Quoting russoturristo
    View Post
    Looks like deferral is her best option since I wasn't able to find any mistakes in the report and the SMD certificate is valid.
    How do you know there are no mistakes in the report? If you want help with that, upload digital photos or scans (with personal id and citation number redacted) to any free image hosting site and link them here in your thread. Also the SMD certificate may NOT be valid, since per the prosecution it must be available at the court.

    Oops I forgot probably the auto moderation wonít let you upload links. Maybe you could send them in a private message which I will later quote here.

  7. #7

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

    Quote Quoting searcher99
    View Post
    IRLJ 3.1(b) specifies 3 items required to be provided in a discovery response. The IRLJ 6.6 certificate is not a required item for the prosecution to provide but should be filed at the court. At least a few judges will not recognize the WSP site and require that it also be at the court.

    However I think that itís very much in your wifeís favor that the discovery states, ďSpeed measuring and/or weight scale certificates are available for inspection in the Courtroom. See IRLJ 6.6(d)" and they are NOT giving you the web site.

    Per the instructions from the prosecution, in your wifeís case the judge probably will suppress and dismiss if the current cert is not filed at the court, so she should definitely check either on the day of her hearing or sooner. If filed she should check to see if it is current and to see if the tuning forks match the officerís affidavit, and if not move to exclude or suppress.

    She can always ask the judge if deferral is allowed pending outcome of preliminary motions.


    How do you know there are no mistakes in the report? If you want help with that, upload digital photos or scans (with personal id and citation number redacted) to any free image hosting site and link them here in your thread. Also the SMD certificate may NOT be valid, since per the prosecution it must be available at the court.
    Hello searcher99

    How do I check before the hearing if the court has a copy of the cert? We did send a copy of the discovery request to the court as well.

    I'll upload the scans tomorrow.

    Thank you!

  8. #8
    Join Date
    Oct 2016
    Posts
    3,667

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

    According to the law...

    The records will be
    available for inspection by the public. Copies will be provided
    on request. The court may charge any allowable copying fees
    .

    That means you go to the courthouse. I'd ask the court clerk and you can do it any time they are open.

  9. #9

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

    Quote Quoting PayrolGuy
    View Post
    According to the law...

    .

    That means you go to the courthouse. I'd ask the court clerk and you can do it any time they are open.
    Got it.

    Thank you.

    Here is the link to the discovery:
    https://imgur.com/a/bGl0ftg

    P.S.

    Isn't the tuning fork's serial number supposed be mentioned on the officer's report?

  10. #10
    Join Date
    Apr 2014
    Posts
    191

    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?
    It looks like that model uses an electronic tuning fork (whatever that means) instead of physical tuning forks. Therefore, no tuning fork numbers and the officer references using builtin electronic tuning fork.

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