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  1. #1
    Join Date
    Dec 2005
    Location
    washington state
    Posts
    1

    Default researching speeding ticket dismissal case law in washington

    I have appealed a speeding citation in Kennewick. During the district court hearing, the judge ignored some crucial arguments. I had objected to some documents and their reference, these were provided by the p/a. and my objection was sustained, then the judge said he was including them in the record anyway. Then I had objected to the SMD expert, who was allowed to sit with the WSP trooper and review the troopers notes before the hearing, I was denied my objection. Then the smd expert relied upon information that was not provided by my discovery request. The trooper was allowed to read from his notes, and again I was not provided with discovery. End result the speeding was found committed.

    I would like to know were I would find some guide-line forms
    to address memoradums of authorities and appeal briefs for speeding citation dismissals

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

    Default Appeal Forms - Washington State

    The forms and materials offered by the Washington Courts site may be helpful. You can also look into obtaining copies of traffic ticket appeals from the court in which your appeal is filed (they will probably charge per page). You can get recent case law (the past five years) at LexisOne, and relatively recent (>90 days old) and historic case law from LegalWA.org.

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

    Default

    Appeals from Courts of Limited Jurisdiction to Superior Court are governed by Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). Note that in WA, appeals from a District Court are NOT de novo (meaning you don't get a new trial). The cost is $110, plus you'll have to pay for the CD of the electronic recording of the trial (usually $10 - $40), and then pay to have that transcribed. Altogether, it will end up costing about as much as the ticket.

    Oh, and even though RALJ 9.3 says that the prevailing party shall be awarded costs, RCW 46.63.151 says "No costs or attorney fees may be awarded to either party in a traffic infraction case". A Division III (your division) Court of Appeals case (City of Spokane v. Ward, 92 P.3d 787, 122 Wash.App. 40 (Wash.App.Div.3 06/22/2004)) upheld 46.63.151 over RALJ 9.3.

    Good luck,
    Barry

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