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?
Is defferal allowed only before taking the stand or can it be taken as an option if the judge doesn't dismiss the ticket?