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  1. #1
    Join Date
    Sep 2020
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    2

    Default Submitted Discovery Request but Prosecutor's Office Says They Won't Provide (Wa)

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

    I got a traffic citation in Whatcom County in August.
    Followed the directions in the sticky, and sent the request for Discovery to the Prosecutor's office in Whatcom County.
    I hadn't heard back for about a month, and when I contacted the Prosecutor's office to get the status of my request they stated that they do not provide discovery for speeding/traffic violations.

    What are the next steps for me and how do I prepare? Does this just mean I move for suppression and then dismissal?
    My court date is scheduled for October.

    Thanks!

  2. #2
    Join Date
    Mar 2013
    Posts
    18,259

    Default Re: Submitted Discovery Request but Prosecutor's Office Says They Won't Provide (Wa)

    File a motion to compel discovery. If you don't know how to do that, then hire a lawyer.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,428

    Default Re: Submitted Discovery Request but Prosecutor's Office Says They Won't Provide (Wa)

    Or, you could just pay the fine and be done with it.

  4. #4
    Join Date
    Nov 2009
    Posts
    880

    Default Re: Submitted Discovery Request but Prosecutor's Office Says They Won't Provide (Wa)

    Quote Quoting astromanik
    View Post
    Followed the directions in the sticky, and sent the request for Discovery to the Prosecutor's office in Whatcom County.
    I hadn't heard back for about a month, and when I contacted the Prosecutor's office to get the status of my request they stated that they do not provide discovery for speeding/traffic violations.

    What are the next steps for me and how do I prepare? Does this just mean I move for suppression and then dismissal?
    To properly deal with any traffic infraction in Washington State, one must consider the state’s rules for traffic infractions (IRLJ), and your question is specifically addressed and answered by IRLJ 3.1(b):

    Quote Quoting IRLJ 3.1(b)
    …If the prosecuting authority, without reasonable excuse or justification, fails to provide any portion of the discovery prior to the day of the hearing, the portion of discovery not provided shall be suppressed…
    Shall” means that the court should grant your motion to suppress any discovery not provided before that day, assuming your discovery request was properly served on the prosecutor (you will need to have proof of service) and filed with the court. Provided the officer is not present all of the evidence will consist of the officer’s sworn statement, which if suppressed should allow you to successfully move for dismissal.

    Since you can get the evidence suppressed it makes no sense to attempt to compel discovery since their failure works in your favor, nor would it make any sense to pay the ticket since you can easily get it dismissed.

  5. #5
    Join Date
    Sep 2020
    Posts
    2

    Default Re: Submitted Discovery Request but Prosecutor's Office Says They Won't Provide (Wa)

    Or, the point is to not pay the fine.

    Quote Quoting searcher99
    View Post
    Since you can get the evidence suppressed it makes no sense to attempt to compel discovery since their failure works in your favor
    Thanks Searcher, this was what I was hoping, appreciate it!

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