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  1. #1
    Join Date
    Oct 2008
    Posts
    276

    Default Washington State SR 18 Speeding Ticket

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

    On 10/17/2008 i recieved a speeding ticket for 77 MPH in a 60 on Highway 18 west bound at mile post 6 (green river) . The ticket was issued by a WSP motorcycle officer using laser at a stationary position. I was traveling in the number one lane with two vehicles in the number two lane at the time of the laser to my vehicle. In the past i have used a reputable attorney to fight tickets for me all resulting in dismissal, but this time i would like to take the opportunity to defend myself. And use this opportunity to post on this board as a educational tool for others. Therefore, i have tried to be very detailed about what i know and hoping that there are others that know much more than me :-) Any help from the members of this board would be greatly appreciated

    Here is what i know with respect to getting tickets dismissed based on "technicalities" from experience and the IRCLJ.

    1 Filing of Notice... The NOI must be filed with the appropriate court having jurisdiction of the notice within five business days.

    2. The infraction may be dismissed upon a showing of
    prejudice if the court does not send a defendant written notice
    of a hearing within 21 days of receipt of the request for a hearing.

    3. Discovery. 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.

    Any insight from the board is greatly appreciated. I know that there are other "loopholes" that i have not addressed here. I have layed out what i know, but know that i dont have all the information to properly handle my case. I have requested discovery as of today 10/21/2008 and contested my case as of today 10/21/2008. I personally took the discovery request to the prosecutors office and they gave me a copy of my request with the "recieved stamp" and i immediatly filed a copy with the court.

    So as of today the 21 days to notify me of my hearing is ticking as is the 120 day right to a speedy trial. I assume that means calendar days since it seems like a long time. I plan on attending the contested calendar in kent, Washington next week just to hear what some attorneys are fighting and what grounds they are using for dismissal. I posted this immediatly and tried to be as thorough as possible, please let me know your thoughts, suggestions, ideas and so on, o

    oh and i know.........SLOW DOWN :-)

    Thank you in advance for any insight.

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

    Default Re: Washington State SR 18 Speeding Ticket

    You're looking for a laundry list of hypothetical violations of court procedure, "just in case"?

  3. #3
    Join Date
    Oct 2008
    Posts
    276

    Default Re: Washington State SR 18 Speeding Ticket

    I just wanted to post back on the outcome of my case.

    I made several preliminary motions prior at my hearing.

    They were as follows.

    The 1st was a motion to dismiss because the state had failed to identify which subsection of 46.61.400 was allegedly violated. The pro-tem judge denied.

    The 2nd was a motion to surpress because the officers affirmation statement was not completed.... (it did not have location)
    The judge denied yet again. after these two, i was feeling like freezing up and and just taking the ticket and paying it.

    However my last motion. I argued that the state had failed to present a Prima Facia Corpis issue, they had not identified who the defendant was. I argued and ill keep it short, that throughout the officers seperate affadavit, he mentioned " i observed the defendant approaching my location" then he said i observed a speed reading of 77/60 on the defendant. I motioned to the court that the state had failed to identify who the defendant was because no where on the affadavit was my name described any where, and on the notice of infraction, it called me a violator, not the defendant. the judge agreed that the state had not presented a prima facia case, and whammo dismissed.

    This was a case where the technicalities had they been presented by an attorney would have worked. But since i am not and was handling my case pro se, she did not allow for dismissal on the 1st two motions. ( or so i felt) However the end all, was my last motion, and it worked. This is a great argument that if used and presented properly will work every time. It has worked if all else fails. at least from what i have seen. It takes about 2.5 minutes to present the full argument but at least it worked. I think this worked out for me because i truly feel that the judge realized i was not a complete idiot. By presenting two other motions, even though she denied, i feel she allowed this, because it was clear that i did my homework and was somewhat in tune with the law.

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