In Washington state

I live in Virginia, I just received the Request for Discovery (Nov 13) for a case that is happening Nov 23 in Lower Kittitas County. They require 7 days prior written statement for contested hearing.

I used the form from this forum and asked for the following items:

1)front and back of the ticket
2)full witness list
3)a copy of the citing officer's sworn statement
4) all sworn affidavits
5) Calibration and certification log for the SMD on 08/02/09 in the issuance of citation.
6) all other evidence to be used by the prosecution



What I received is as follows:
1) a letter from legal secretary
2) a copy of the front of the ticket
3) Case report that if very very difficult to read-- the boxes checked are as follows:
90 mph is a posted 70 mph zone
X Front Antenna
X Closing

X Moving Mode
X Opposite Direction
X In the moving mode only the speed indiocated in the radar patrol speed window was verified with the patrol vehicle's speedometer.

Violator Stated : I'm Sorry

The rest of the report is blank. There is nothing written on the entire second page of the report.

There is a stamp to say Aug 03, 2009 Lower Kittitas County Filed.

The letter says those certifications are available for inspections at the court at any time during business hours. However I live in Virginia and I have to mail the statement mail letter tommorrow in order that it get to the court by Monday. Is there some way to get this information? Would this be considered prejudice as I am in VA and nothing was provided after the request for discovery, and be basis for dismissal?

Also I would take issue with what was written on ticket. When the officer pulled me over he asked, "didn't you see the accident?" I responded, " I'm sorry I did not." When he stated the speed, I said that was not possible and that I was not in a hurry but that the sun was in my eyes (as it was sunrise and I was heading east) and so I was focused on the road. It was a clear day and there were very few cars. The officer kept talking about the accident and that I needed to heed a warning from the accident that had just happened. The officer stated he had just left the scene of the accident. (I did not see the accident that he was talking about). The officer was also heading eastbound in an unmarked car in the right hand lane. I was in the left lane also heading east, but not in a hurry in a red toyota corrolla with AZ plates, that did not comfortably drive much faster than 75 mph. He did not state how he determined my speed. But the boxes checked seem like it was set in the opposite direction.

I did not realize he was taking video and audio tape of me at the scene, however I would assume they could not admit that as evidence. Certainly the statement written on the ticket is incomplete and out of context, with no other information.

What would you advise? Is there a basis for dismissal given this discovery?

I have just request dismissal on another ticket received in during this trip but in another county. I believe that ticket will most likely be dismissed, so I could just request deferral on this one, but it would still be a little bit of a gamble.

Thanks so much for your time.