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.

