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  1. #1
    Join Date
    Oct 2008
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    Bremerton/Tacoma Washington
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    Unhappy Speeding Ticket Court Date - They Never Sent Me the Discovery I Requested

    My question involves a speeding ticket from the State of: Washington

    I have a court date on monday. I usually pay for one of my lawyors to go to court for me because I get quite a few tickets every year. Anyways, I just received a court date in the mail 3 days ago for my court date a week away. The court never sent me the discovery I requested in writing, and won't reschedule my court date by phone. I know I could get this ticket dropped because they never sent me discovery, but I don't know what RCW code to use when I ask for a motion of dismissal. Help Please!!!!! My court date is in 3 days!!! Thanks.


  2. #2
    Join Date
    Oct 2008
    Location
    Washington comma the Great State of.
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    1,211

    Default Re: Speeding Ticket Court Date-->They Never Sent Me the Discovery I Requested

    Quote Quoting ahlysah
    View Post
    My question involves a speeding ticket from the State of: Washington

    I have a court date on monday. I usually pay for one of my lawyors to go to court for me because I get quite a few tickets every year. Anyways, I just received a court date in the mail 3 days ago for my court date a week away. The court never sent me the discovery I requested in writing, and won't reschedule my court date by phone. I know I could get this ticket dropped because they never sent me discovery, but I don't know what RCW code to use when I ask for a motion of dismissal. Help Please!!!!! My court date is in 3 days!!! Thanks.

    This isn't explicitly covered by any RCW. It's governed by the rules for courts of limited jurisdiction, which was given authority by RCW. Click me! I'm fun to read!

    You can follow that link to read up on the rules. You may either move in court that the judge/commissioner dismiss the charges for the violation of <insert section of the rules here>. If s/he declines to do that for you failing to show a prejudice to your case, you can ask for a continuance.

    So, you should say something like - since the government did not respond to my motion(s) for discovery, I haven't been advised of the nature of the charges because the state hasn't specified which facts and theory they intend to use against me in trial. Accordingly, I haven't had any meaningful opportunity to prepare my case against these charges. Therefore, I respectfully pray this court dismiss, with prejudice, the charges against me.

    Or something like that. Be polite, and don't spend ten minutes making the motion. Just cite the rule you think the state violated, offer up some showing that you've been prejudiced by their inaction and tell the judge/commissioner what relief you seek (dismissal with prejudice would be ideal).

    Good luck, and stop driving so badly.

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

    Default Re: Speeding Ticket Court Date - They Never Sent Me the Discovery I Requested

    You may have another issue, besides the lack of discovery. IRLJ 2.6 (a)(1) states that "The hearing shall be scheduled for not less than 14 days from the date the written notice of hearing is sent by the court." So check the postmark date and see if this hearing is less than 14 days (calendar days) from that date. If so, make a motion for dismissal pursuant to IRLJ 2.6 (a)(1).

    The prosecutor actually has until the day before the hearing to get the information you requested to you. However, as Ashman pointed out, if the prosecutor fails to provide you with the information at least ONE WEEK in advance, IRLJ 3.1 (b) provides that "the citing officer's sworn statement shall be suppressed only upon a showing of prejudice in the presentation of the defendant's case." So, use the wording Ashman suggested (or something similar).

    Also, on your discovery request, you'll note that IRLJ 3.1 (b) also says that all you're entitled to is a copy of the officer's sworn statement and a list of prosecution witnesses. "No other discovery shall be required." So, if you requested anything else, the prosecutor is under NO obligation to provide it. Furthermore, your request must be "filed with the court and served on the office of the prosecuting authority". If that was properly done, and you possess proof of service, you've got a shot. My advice would be to call the Clerk of the Court and ask if they've received a copy of your discovery request. If not, you may be out of luck on that argument -- unless, of course, you have the proof of service.

    Good luck,
    Barry

  4. #4
    Join Date
    Oct 2008
    Location
    Bremerton/Tacoma Washington
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    3

    Default Re: Speeding Ticket Court Date - They Never Sent Me the Discovery I Requested

    Ok. So do these codes work for municipal or district court. My court is municipal. Thanks for all the help! =)

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

    Default Re: Speeding Ticket Court Date - They Never Sent Me the Discovery I Requested

    The IRLJ's apply to BOTH municipal and district courts. Most jurisdictions have their own local rules, as well. However, they MUST be consistent with the IRLJ's.

    Barry

  6. #6
    Join Date
    Oct 2008
    Location
    Bremerton/Tacoma Washington
    Posts
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    Wink Re: Speeding Ticket Court Date - They Never Sent Me the Discovery I Requested

    Thank you for your responses!

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