Here's a working link for the Discovery Request Template
Here's a working link for the Discovery Request Template
First things first: I was going to upload a new one, but I see that there is a working discovery request template right above this post. Please use that and do not email or send me a private message asking for it. Feel free to email or private message me if you have any questions on how to use it, however.
Second: Barry, I and a few other "experts" are around and "monitoring" the Washington threads (even if it doesn't seem like we are). We're quite busy with work and various other things, but I do my best to check the forum at least twice a week.
That being said, if you do not hear from us on your specific thread but others have responded, you can be safe to assume that one of us agrees with those posters and there is nothing to correct.
However, if you have not received any responses to your thread, you can PM one or both of us and we'll try and address any issues we find with your discovery. Please understand that if no one has responded to your post the defense is most likely weak at best and we may try and explore other options (plea deals, deferred findings, etc.).
Finally: Most of us "experts" have quite a bit of experience with specific courts in general. I know that Barry, Cole (if he's around), Speedy and I have a very good idea on what motions will be accepted and what motions will be denied based upon the judge. If you would like us to help you out with which motions will work and which will not, please post on your thread the specific court and the judge's last name (if you know who it is). Please do so in the following format: Anderson - King County, or Howard - Snohomish County. If you do not know the judge, you can leave that blank and tell us the division (if applicable).
As always, if you have any questions, feel free to email or PM one of us. I can't speak for Barry, but I should respond to that within 24 hours.
Please do not post questions on your specific case to this stickied thread - start a new thread.
The first thing to check, when you receive your discovery materials, is the “filing” date. You materials SHOULD include a copy of the original ticket with a “filing” stamp. The date on this stamp MUST be within 5 days (not including weekends or holidays) of the date of the infraction. If it is not, you can move for dismissal pursuant to IRLJ 2.2 (d).
My ticket was not filed with 5 days of the date of infraction.
My court date has been set for June.
Is the a way to file a motion to dismiss without having to go to court?
How does the actual process of moving to dismiss per IRLJ 2.2 (d) works?
Do I submit a paper to the president of the court or the prosecutors?
Do I stand up and say something in court when the trial starts?
Thanks for your help
Please keep your posts to one thread per incident.
I find the ticket file date by the officer is harder and harder to find. Would you suggest requesting a copy of the docket when requesting discovery to get a definitely file date? Thanks again for your contribution!
On July 24, 20014 at 9:16 AM an officer of Clark County gave me a speeding ticket at Mile Post 6 Southbound I5. The ticket states that a SPD was used to determine my speed.
This is to very respectfully state that I believe the officer did not use an SPD. The officer was using a motorcycle as transportation and standing on the inside shoulder of I5 Southbound near the concrete divider separating it from northbound traffic. He used hand signals to wave me over. He was very respectful and professional. The officer stated that I was travelling 75 mph in a 60 mph zone
The reason I believe the officer did not use an SPD is because after he gave me my citation, he returned to his motorcycle which was behind my vehicle. As I started to get back on I5 I watched the officer in my mirror. I saw him give hand signals. I initially believed that the hand signals were to warn southbound drivers that I was about to get back on the highway. At that point I realized that he was actually providing direction to a southbound Blue SUV to pull over. At that point I realized that the officer was not using a SPD as a means of speed determination.
I respectfully would like to state that the officer was not using a SPD to measure the speed of the vehicles he was pulling over. I would respectfully like to state that the officer was using visual detection to establish the speed of vehicles and that SPD was errantly marked on my ticket.
How do I write a letter of discovery requesting information on the SPD? Thanks
So I got a speeding ticket in Wenatchee, Washington and decided to try and fight it. I got some great info from both this thread and from another article (Seen here: How to beat a speeding ticket in Washington State).
I've used this info to successfully fight tickets for myself and friends a few times, but when I tried to beat the speeding ticket in Wenatchee - I got a bit scared.
After sending my request for discovery, they then rescheduled my court date for a "discovery hearing" and when I called and asked about it...apparently if you request discovery in Chelan County it gets real...they bring in radar experts and such.
I guess they really can't afford to lose traffic cases there.
Anyway, I got a bit intimidated and used my first ever deferral instead.
Thought I'd throw this out there for others that get a speeding ticket in that area. And also - any experts have any input on a situation like this, for future reference?
I sent in the discovery request a few weeks ago, and I haven't received anything back. So as a part of my DWS I want to submit a motion to suppress any evidence brought forward (due for withholding evidence, that hampers my ability to prepare a defense), and have the case dismissed because for lack of evidence.
What is the format\wording for this. I further read I will have to use a precedence (for suppress evidence not shared hampers my ability to prepare).
Any help would be greatly appreciated. My hearing is in a weeks time, and I want to give a few days to make sure my letter reach in time.