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  1. #1
    Join Date
    Aug 2007
    Posts
    3

    Question Will Seeking a Continuance and Discovery Affect A Request For A Deferral

    Hi I recevied a speeding ticket in King County (Enumclaw, WA area). He said I was doing 70 but gave me a ticket for 65 in a 55 ($113.00). I have a feeling that he did not take very many notes but he did write 70 and circled it on my ticket so I think he is prepared to say that in court if I go to court on it. anyway, I have got my hearing date now and just asked for a continuance so I could prepare a motion for discovery. Now that I've sent my request for continuance in the mail, I'm wondering if I could get a deferral still if I ask for a continuance & discovery or if I've gone too far to get that option. advice would be welcome. It is all about the insurance going up really.

    Thanks - This service is wonderful!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do I continue on this path?

    We have some Washington people here who may chime in with more specific information, but while you wait I'll add a knee-jerk reaction based upon my observations in other states: the more you push things toward a contested hearing, the less likely it will be that a judge will deem you deserving of a deferral.

  3. #3
    Join Date
    May 2007
    Posts
    11

    Default Re: Will Seeking a Continuance and Discovery Affect A Request For A Deferral

    Somewhat related question: would a pretrial motion for dismissal be taking it to far to ask for a deferral in WA state?

  4. #4
    Join Date
    Aug 2007
    Posts
    3

    Question Re: Will Seeking a Continuance and Discovery Affect A Request For A Deferral

    Hello - Well I got my continuance and I got a one page "speed measuring device case report" which looks like a "boiler plate form" where he circles the appropriate choice, was sent to me in response to my request for discovery. But I asked for maintenance records on the tuning forks and the calibration records and all of the minute stuff that you would ask for but in response I just get a photocopied document that looks like a photocopied boiler plate paper that is used - who knows how often. Is this considered proper? It gives me absolutely no data that I actually asked for (specific records and certifications etc.) Umm since I asked for specific records don't I get them? What now - Thanks!

  5. #5
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Will Seeking a Continuance and Discovery Affect A Request For A Deferral

    Discovery in a traffic infraction case in WA is governed by IRLJ 3.1. Paragraph (b) states:
    Quote Quoting IRLJ 3.1
    (b) Discovery. Upon written demand of the defendant at least 14 days before a contested hearing, filed with the court and served on the office of the prosecuting authority assigned to the court in which the infraction is filed, the plaintiff's lawyer shall at least 7 days before the hearing provide the defendant or the defendant's lawyer with a copy of the citing officer's sworn statement and with the names of any witnesses not identified in the citing officer's sworn statement. If the prosecuting authority provides the citing officer's sworn statement less than 7 days before the hearing but not later than one day before the hearing, the citing officer's sworn statement shall be suppressed only upon a showing of prejudice in the presentation of the defendant's case. If the prosecuting authority, without reasonable excuse or justification, fails to provide the citing officer's sworn statement, the statement shall be suppressed. No other discovery shall be required. Neither party is precluded from investigating the case, and neither party shall impede another party's investigation. A request for discovery pursuant to this section shall be filed on a separate pleading.
    As you can see, you can ASK for anything, but all the prosecutor is REQUIRED to give you is the officer's sworn statement (usually on the reverse side of the citation) and a list of witnesses NOT INCLUDED in the officer's statement. Out of courtesy, they usually include the radar "Design and Construction Certificate" as prescribed in IRLJ 6.6, since it is needed to establish a "foundation" for the introduction of the radar reading as evidence.

    Bob238: I've seen people ask for and be granted a deferral even after the officer has testified against them -- both in Kent Municipal Court and Aukeen District Court. But that's not to say judges in other jurisdictions would be so disposed. I think Mr. Knowitall's probably right -- the more you get into it, the worse your chances.

    Good luck,
    Barry

  6. #6
    Join Date
    Aug 2007
    Posts
    3

    Question Re: Will Seeking a Continuance and Discovery Affect A Request For A Deferral

    Sorry I'm beating this to death but I've heard that the a person has a very good chance of getting the case dismissed if you ask for an expert on the radar technology from the Police department be in attendance. Is this what your expirence is? And, what kind of paperwork is necessary to request this to happen if you'd be so kind. Thanks

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Will Seeking a Continuance and Discovery Affect A Request For A Deferral

    You can always try it -- be sure to follow the procedure set forth in IRLJ 6.6(b) -- separate pleading, 30 days before the hearing, served on the prosecutor, filed with the clerk, and be sure to retain proof of service.

    I did all that in my own case, and the guy showed up! And guess what? He knew A LOT about radar.

    Again, good luck,
    Barry

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